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LAW OF UKRAINE

of July 16, 1999 No. 1005-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) persons who at the time of crime execution were minors;

b) the women and men having minor children or 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, and also the disabled parents of the first group needing foreign leaving are more senior than the women and men having parents aged provided that these parents 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 entry into force of this Law served at least a half of the appointed punishment sentence.

Article 3. Exempt from custodial sanction and from other punishments which are not connected with imprisonment, the women condemned for the crimes which are not heavy for a period of up to three years inclusive.

Article 4. 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 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 other punishments 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 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 two years.

Article 7. Exempt from disciplinary battalions of the persons condemned for the first time for the crimes which are not heavy, and condemned for the first time for serious crimes - if they on the date of entry into force of this Law served at least a half of the appointed punishment sentence.

Article 8. Exempt from custodial sanction of persons listed in article 1 of this Law at whom unexpired part of term of punishment on the date of entry into force of this Law constitutes less than six months, irrespective of the restrictions set in the Items "e", "l" of article 11 of this Law except persons condemned for especially dangerous crimes against the state, gangsterism, premeditated murder in case of aggravating circumstances.

Article 9. Cut by half unexpired part of punishment to persons condemned to imprisonment who are not subject to release from punishment based on articles 4-7 of this Law:

a) condemned for the 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 entry into force of this Law served at least a half of the appointed punishment sentence.

Article 10. Stop the criminal cases which are in production of bodies of inquiry, pretrial investigation and put, not considered by courts, about the crimes committed before entry into force of this Law by persons falling under operation of article 1 of this Law and also the women who committed the crimes which are not heavy for which punishment not more strict than three years of imprisonment is prescribed.

Article 11. 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) which are condemned for making of serious crime and which left less than a half of the primary punishment imposed by the court verdict;

e) to which conditional condemnation or stitching of execution of sentence or stitching of serving sentence (Article 45, 46-1, 46-2 of the Criminal code of Ukraine) and which made new crime during probation period or term of stitching of execution of sentence or term of stitching of serving sentence were applied;

e) which after adjudgement, but before complete serving sentence, committed new crime;

є) who were exempted from places of detention before complete serving of the penalty imposed by court of term conditional ahead of schedule earlier and again committed intentional crimes during unexpired part of punishment;

g) the having minor children or handicapped children, if they committed the crimes encroaching on life, health, honor, advantage or other rights and interests of these children protected by the law;

h) 70 years, and also parents - disabled people of the first group if they committed the crimes encroaching on life, health, honor, advantage or other rights and interests of these parents protected by the law aged are more senior than the having parents;

i) to which during 1991-1999 amnesty or pardon irrespective of removal or repayment of criminal record and which committed crimes again were applied;

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

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

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

j) 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;

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