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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of May 8, 2018 No. UP-5439

About approval of the Regulations on pardon procedure in the Republic of Uzbekistan

[Extraction]

For the purpose of further enhancement of mechanisms of realization of the constitutional powers of the President of the Republic of Uzbekistan on implementation of pardon and according to Item 23 of article 93 of the Constitution of the Republic of Uzbekistan:

1. Approve Regulations on pardon procedure in the Republic of Uzbekistan according to appendix.

2. Declare invalid the Presidential decree of the Republic of Uzbekistan of March 13, 2009 No. UP-4094 "About Approval of the Regulations on Pardon Procedure in the Republic of Uzbekistan".

4. To the Ministry of Internal Affairs of the Republic of Uzbekistan together with the interested departments to make offers on the changes and amendments in the legislation following from this Decree in a month.

5. To impose control of execution of this Decree on the first deputy of the Counselor of state of the President of the Republic of Uzbekistan B. M. Mavlonov.

President of the Republic of Uzbekistan

 Shavkat Mirziyoev

Appendix

to the Presidential decree of the Republic of Uzbekistan of May 8, 2018 No. UP-5439

Regulations on pardon procedure in the Republic of Uzbekistan

Chapter 1. General provisions

1. This Provision determines procedure for representation, registration and consideration of pleas for mercy, and also the organizations of activities of the Commission on pardon questions in case of the President of the Republic of Uzbekistan (further - the Commission).

2. Pardon is the act of humanism concerning the convict exempting fully or partially from punishment or replacing the penalty imposed by court with other, milder pinishment, or removing criminal record.

Pardon is performed in individual procedure concerning the specific convict and is not the circumstance acquitting him and eliminating the fact of making of crime by it.

Pardon is performed by the President of the Republic of Uzbekistan by the edition of the Presidential decree of the Republic of Uzbekistan.

3. The president of the Republic of Uzbekistan at discretion can pardon any person condemned or served sentence.

4. Pardon is applied to citizens of the Republic of Uzbekistan, foreign citizens and persons without citizenship condemned by courts of the Republic of Uzbekistan.

5. Pardon is performed in type:

full or partial relief from the primary and unexecuted additional punishment;

parole from punishment;

replacements of lifelong imprisonment or unexpired part of punishment with milder pinishment;

removals of criminal record.

Chapter 2. The organization of activities of the Commission on pardon questions in case of the President of the Republic of Uzbekistan

6. Preliminary consideration of pleas for mercy is performed by the Commission which is advisory advisory body in case of the President of the Republic of Uzbekistan.

7. Working body of the Commission is the Sector concerning nationality, pardons and provisions of political asylum of Service of legal support of reforms and coordination of law-enforcement activities of the office of the President of the Republic of Uzbekistan (further - the Sector).

8. The structure of the Commission affirms the President of the Republic of Uzbekistan.

9. The Commissions are included representatives of the Supreme Court, Prosecutor General's Office, Service of state security, the Ministry of Internal Affairs and Ministry of Justice of the Republic of Uzbekistan, and also the Union of youth and Committee of women of Uzbekistan, Republican council on coordination of activities of self-government institutions of citizens and Nurony Fund.

The Commissions can be also included deputies of Legislative house and members of the Senate of the Oliy Majlis of the Republic of Uzbekistan, and also representatives of other state bodies, non-state non-profit organizations and other persons.

10. Commission sessions are held by the commission chairman or according to its order - the deputy.

11. Commission sessions are held in process of receipt of pleas for mercy.

12. On commission sessions the chairman of the Supreme Court, the Attorney-General, the chairman of Service of state security, Ministers of the Interior and Justice of the Republic of Uzbekistan, and in their absence - deputies can take part.

13. The commission has the right to invite to the meetings representatives of state bodies, non-state non-profit organizations and other persons for discussion of the questions connected with consideration of pleas for mercy.

14. On commission session the protocol is taken.

Chapter 3. Procedure for submission of pleas for mercy

15. The plea for mercy moves in writing addressed to the President of the Republic of Uzbekistan the convict or person who served sentence and also persons (bodies) who by the legislation are granted the right to initiate pleas for mercy.

If the petition is submitted by person (body) who by the legislation is granted the right to initiate pleas for mercy, the written consent of the convict shall be received. In this case the plea for mercy goes to the bodies specified in Item 19 of this provision for receipt of consent of the convict, registration in accordance with the established procedure of the corresponding materials. The plea for mercy with the written consent of the convict and other materials which are drawn up according to requirements of this provision go to the Sector.

16. The plea for mercy can be submitted after the introduction of sentence to legal force in the following terms:

a) person condemned to lifelong imprisonment - after the actual departure of twenty five years of the imposed penalty and if during punishment departure the convict firmly followed way of correction, has no authority punishments for violations of the set mode, honesty treats work and training, takes active part in holding educational actions - after the actual departure of twenty years of the imposed penalty;

b) person sentenced to long term of deprivation of freedom - after the actual departure of twenty years of the imposed penalty and if during punishment departure the convict firmly followed way of correction, has no authority punishments for violations of the set mode, honesty treats work and training, takes active part in holding educational actions - after the actual departure of fifteen years of the imposed penalty;

c) person condemned to other punishment - irrespective of the term (size) of the served (performed) sentence, except for persons specified in the subitem "g" of this Item;

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