LAW OF UKRAINE

of July 24, 1998 No. 61-XIV

About amnesty

Being guided by the principles of humanity and according to article 92 of the Constitution of Ukraine the Verkhovna Rada of Ukraine decides:

Article 1. Exempt from custodial sanction and from other punishments which are not connected with imprisonment, condemned for the crimes which are not heavy:

a) minors, and also persons who at the time of crime execution were minors;

b) the women and men having minors, disabled children, including handicapped children;

c) expectant mothers;

d) 50 years are aged more senior than women and 55 years are aged more senior than men;

e) 70 years are more senior than the women and men having parents aged provided that the last have no other able-bodied children;

e) veterans of war;

є) disabled people of the first and second groups, and also TB patients of active form (subgroup "And" both "B" of the first group and subgroup "And" fifth group of dispensary accounting) and oncological diseases (second, third and fourth clinical groups);

g) participants of recovery from the accident on the Chernobyl NPP and the victims from the Chernobyl catastrophic crash.

Article 2. Exempt from punishment of the persons listed in article 1 of this Law condemned for serious crimes to imprisonment and from other punishments which are not connected with imprisonment if they on the date of the introduction of this Law in force served at least a half of the appointed punishment sentence.

Article 3. Exempt from punishment of persons, except listed in article 1 of this Law, condemned for the crimes which are not heavy to imprisonment, and from other punishments which are not connected with imprisonment if on the date of the introduction of this Law in force served at least a third of the appointed punishment sentence.

Article 4. Exempt from punishment of persons, except listed in article 1 of this Law for the first time for serious crimes to imprisonment for a period of up to six years inclusive and to other measures of punishment if they on the date of the introduction of this Law in force served at least a half of the appointed punishment sentence.

Article 5. Exempt from disciplinary battalions of persons, convicts for the first time if they on the date of the introduction of this Law in force served at least a third of the appointed punishment sentence.

Article 6. Exempt from places of detention of persons, convicts for the first time, unexpired part of punishment at which on the date of the introduction of this Law in force constitutes less than one year.

Article 7. Cut unexpired part of punishment by half to persons condemned to imprisonment who are not subject to release from punishment based on articles 1-6 of this Law:

a) condemned for the intentional crimes which are not heavy;

b) condemned for serious crimes for a period of up to ten years inclusive if they on the date of the introduction of this Law in force served at least a half of the appointed punishment sentence.

Article 8. Stop the criminal cases which are in production of bodies of inquiry, pretrial investigation and put, not considered by courts, about the crimes committed to the introduction by this Law in force persons which are not falling under operation of article 1 of this Law.

Article 9. Amnesty does not extend to persons:

a) which it is recognized according to the court verdict which took legal effect, especially dangerous recidivists;

b) with which capital punishment according to the procedure of pardon is replaced with imprisonment;

c) having two and more criminal records for making of serious crimes;

d) condemned for especially dangerous crimes against the state, gangsterism, premeditated murder in case of aggravating circumstances;

e) less than a half of the primary punishment imposed by the court verdict condemned for making of serious crime and left;

e) to which during 1991-1998 amnesty or pardon irrespective of removal or repayment of criminal record and which committed crimes were applied;

є) not completed full course of forced treatment for alcoholism or drug addiction or treatment for venereal disease appointed by court;

g) it is malicious breaking the mode during serving sentence;

h) which for malicious violation of the mode were transferred to other correctional institution with more high security;

i) with which corrective works are replaced with imprisonment, and also to concerning what the court cancelled conditional condemnation or delay of execution of sentence and which were directed for the serving sentence appointed sentence if after pronouncement of the resolution (determination) of court on the direction in correctional institution they were in custody less than one year on the date of entry into force of this Law;

?) condemned for actions, disorganizing work of correctional institutions (Article 69-1);

robbery for the purpose of occupancy state, property in common or individual property of citizens in case of aggravating circumstances (articles 86 part 2, 142 parts 2 and 3);

plunder state or property in common in especially large sizes, made by robbery (Article 8-1);

premeditated murder (Articles 94, 234th Item "in");

intentional heavy bodily harm in case of aggravating circumstances (articles 101 of part 2 and 3, 18-4 part 2);

illegal actions for adoption (adoption) (Article 115-2);

the rape which entailed especially heavy effects, and is equal rape juvenile (article 117 part 4);

taking of hostages (Article 123-1);

human trafficking (Article 124-5);

creation not of stipulated by the legislation paramilitary forces or groups (Article 187-6);

infringement of life of the judge, the employee of law enforcement agency in connection with execution of service duties by them, and also the member of public forming on protection of public order or the serviceman in connection with the activities connected with protection of public order (Article 190-1);

especially malicious hooliganism (article 206 part 3);

stealing of vehicles in case of aggravating circumstances (Article 215-3 of part 2 and 3);

stealing or capture of railway rolling stock, air, ocean or river craft (Article 217-2);

blocking of transport communications (Article 217-3 part 3);

illegal carrying, storage, acquisition, production and sale of firearms, ammunition or explosives (article 222 part 1);

plunder of firearms, ammunition or explosives by assault (article 223 part 2);

plunder of drugs or psychotropic substances in especially large sizes (Article 229-2 part 3);

plunder of precursors with sales objective, and equally in their sale, made by assault or in especially large sizes (229-19 part

3), and also for crimes, stipulated in Item Articles 232, Article Items and "v" 234, Article Item "and" 236, Article Item "in" 238, Article Item "in" 241, Article Item "and" 243, Article Items "in" and "g" 249, Article Item "in" 251, Article Item 254, the Item of Article 25-1, the Item "in" of Article 254-2, the Item of article 254-3 of the Criminal code of Ukraine.

Article 10. This Law is applied to persons condemned by courts of Ukraine, and also courts of the former USSR in the territory of Ukraine irrespective of the place of serving of punishment by them.

Article 11. Execution of this Law is assigned:

a) on courts:

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