LAW OF UKRAINE

of July 11, 2003 No. 1131-IV

About amnesty

Being guided by the principle of humanity and according to article 92 of the Constitution of Ukraine, provisions of the Criminal code of Ukraine and the Law of Ukraine "About application of amnesty in Ukraine" the Verkhovna Rada of Ukraine decides:

Article 1. Exempt from custodial sanction for certain term and from other punishments which are not connected with imprisonment, persons condemned for intentional crimes for which the law prescribes custodial sanction for the term of no more than five years, and for the crimes committed on imprudence for which the law prescribes custodial sanction for the term of no more than ten years:

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;

?) 70 years, and also parents - the disabled people 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;

e) disabled people of the first, second and third groups, and also TB patients, oncological diseases (the second, third and fourth clinical groups) and other serious illness interfering serving sentence;

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

Article 2. Exempt from custodial sanction for certain term and from other punishments which are not connected with imprisonment the persons listed in article 1 of this Law, condemned for intentional crimes for which the law prescribes custodial sanction for the term of no more than ten years if on the date of entry into force of this Law they served at least a half of the appointed sentence of primary punishment.

Article 3. Exempt from custodial sanction for certain term and from other punishments which are not connected with imprisonment, persons except listed in article 1 of this Law, condemned for intentional crimes for which the law prescribes custodial sanction for the term of no more than five years, and for the crimes committed on imprudence for which the law prescribes custodial sanction for the term of no more than ten years if they on the date of entry into force of this Law served at least a third of the appointed sentence of primary punishment.

Article 4. Exempt from punishment in the form of content in disciplinary battalion of the military personnel:

a) persons condemned for the first time for crimes of small and average weight;

b) persons 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 sentence of primary punishment.

Article 5. Cut by half unexpired part of punishment to persons condemned to restriction of freedom and imprisonment for certain term which are not subject to release from punishment based on Articles 1 - 4 presents of the Law:

a) to convicts who serve sentence in corrective-labor colonies settlements for persons who committed crimes on imprudence;

b) to convicts who serve sentence in corrective-labor colonies settlements for persons who committed intentional crimes if they on the date of entry into force of this Law served at least a half of the appointed sentence of primary punishment;

c) to convicts who serve sentence in correction centers, and persons who are condemned to punishment in the form of restriction of freedom if they on the date of entry into force of this Law served at least a third of the appointed sentence of primary punishment;

d) the law condemned for intentional crimes, for which prescribes custodial sanction for the term of no more than five years, and for the crimes committed on imprudence for which the law prescribes custodial sanction for the term of no more than ten years.

Article 6. Exempt from criminal liability according to the procedure and on the conditions determined by this Law persons falling under operation of article 1 of this Law concerning whom criminal cases are in production of bodies of inquiry of pretrial investigation or are not considered by courts, and are equally considered by courts, but sentences did not take legal effect, about the crimes committed before entry into force of this Law.

Article 7. Amnesty is not applied to persons:

a) serving sentence in the form of lifelong imprisonment and with which according to the procedure of pardon capital punishment or lifelong imprisonment are replaced with imprisonment for certain term;

b) having two and more criminal records (including that on which person serves sentence) for making of serious crimes under the Criminal code of Ukraine of 1960 and for making of heavy and especially serious intentional crimes under the Criminal code of Ukraine of 2001;

c) the convict under the Criminal code of Ukraine of 1960 for making of serious crime and the convict under the Criminal code of Ukraine of 2001 for making of heavy and especially serious intentional crime who served less than a half of sentence of primary punishment;

d) to which conditional condemnation, delay of execution of sentence or delay of serving sentence to the expectant mothers and women having children under three years (Articles 45, 46-1, 46-2 of the Criminal code of Ukraine of 1960) and to which release from serving sentence with testing was applied (Articles 75, of 79, 104 Criminal codes of Ukraine of 2001) and which during probation period or delay of execution of sentence committed new intentional crime again were applied;

1) which after adjudgement, but before complete departure of punishment committed new intentional crime;

e) which were exempted from places of detention conditional ahead of schedule earlier and again committed intentional crime during unexpired part of punishment;

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

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

g) to which during 1993-2003 amnesty or pardon irrespective of removal or repayment of criminal record and which committed intentional crime again was applied;

h) committed the crimes which entailed death of two and more persons;

i) to persons condemned for especially serious crimes;

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

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