LAW OF UKRAINE

of June 26, 1997 No. 401/97-BP

About amnesty on the occasion of the first anniversary of the Constitution of Ukraine

Due to the first anniversary of the Constitution of Ukraine, 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 other punishments which are not connected with imprisonment, condemned for the crimes which are not heavy:

a) minors;

b) the women having children aged up to 16 years or children of disabled people;

c) the men having children aged up to 16 years or children of disabled people whose mother died or it is deprived of the parent rights;

d) expectant mothers;

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

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 the imprisonment and other punishments which are not connected with imprisonment if they on the date of entry into force of this Law 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 intentional crimes which are not heavy to the imprisonment and other punishments which are not connected with imprisonment if they on the date of entry into force of this Law served at least one third of the appointed punishment sentence.

Article 4. Exempt from punishment of persons, except listed in article 1 of this Law, condemned for the crimes committed on imprudence to imprisonment if they on the date of entry into force of this Law served at least one third of the appointed punishment sentence.

Article 5. Exempt from punishment of persons, except listed in article 1 of this Law, condemned 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 entry into force of this Law served at least a half of the appointed punishment sentence.

Article 6. Exempt from disciplinary battalions of persons, convicts for the first time if they on the date of entry into force of the present. The law served at least one third of the appointed punishment sentence.

Article 7. Exempt from places of detention of persons, convicts for the first time, unexpired part of punishment at which on the date of entry into force of this Law constitutes less than one year.

Article 8. 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 irrespective of the appointed punishment term if they put on entries into force of this Law served at least one third of the appointed punishment sentence;

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

Article 9. Stop the investigative cases and cases which are not considered by courts on the violations made before entry into force of this Law by persons falling under operation of article 1 of this Law except cases on the violations connected with illegal adoption (adoption) of children, registration of guardianship over them.

Article 10. Amnesty does not extend to persons:

a) 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 1987-1997 amnesty or pardon irrespective of removal or repayment of criminal record and which committed crimes again 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 and they were sent concerning what the court cancelled conditional condemnation or delay of execution of sentence 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;

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