Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The document ceased to be valid since  April 25, 2015 according to Item 2 of the Presidential decree of Ukraine of  April 21, 2015 No. 223/2015

PRESIDENTIAL DECREE OF UKRAINE

of September 16, 2010 No. 902/2010

About Regulations on pardon procedure

1. Approve Regulations on procedure of pardon it (is applied).

2. Recognize invalid:

The presidential decree of Ukraine of July 19, 2005 N 1118 "About Regulations on implementation of pardon";

The presidential decree of Ukraine of September 28, 2009 N 768 "About modification of the Regulations on implementation of pardon".

3. This Decree becomes effective from the date of its publication.

President of Ukraine

V. Yanukovych

 

Approved by the Presidential decree of Ukraine of September 16, 2010 No. 902/2010

Regulations on pardon procedure

1. This Provision determines procedure the President of Ukraine of pardon according to Item 27 parts one of article 106 of the Constitution of Ukraine.

2. Pardon of convicts is performed in type:

replacements of lifelong imprisonment by imprisonment for the term of at least twenty five years;

full or partial relief from serving as the main, and additional punishment;

replacements of punishment or unexpired its part with milder pinishment.

3. Has the right to strive on pardon person who:

it is condemned by court of Ukraine and serves sentence in Ukraine;

it is condemned by court of foreign state and punishment is transferred to Ukraine without condition about non-use of pardon concerning which court verdict is brought into accord with the legislation of Ukraine for serving;

it is condemned in Ukraine and transferred for serving sentence to foreign state if this state agreed to recognize and execute the decision on pardon made in Ukraine.

4. The plea for mercy can be submitted after the introduction sentence to legal force, and when considering the case in cassation procedure - after decision making by the relevant court.

In case of condemnation of person to lifelong imprisonment the petition for its pardon can be submitted after serving to them at least twenty years of the imposed penalty.

5. Person who was repeatedly earlier (two and more times) is condemned for making of deliberate crimes or to which amnesty, pardon, parole from serving sentence was applied earlier, replacement of unexpired part of punishment to softer, release from serving sentence with testing if it before repayment or removal of criminal record committed deliberate crime again, can be pardoned only in exceptional cases.

6. The petition for pardons of convicts who did not follow way of correction or did not serve half of the penalty imposed by it sentence, and also the petition of persons condemned for heavy or special serious crimes, can be satisfied only in the presence of circumstances which need especially humane relation.

7. The plea for mercy person condemned by court of Ukraine who serves sentence in Ukraine, or is condemned by court of foreign state and transferred for serving sentence to Ukraine without condition about non-use of pardon, moves through administration of organization of execution of punishments or other body performing execution of criminal penalties. The administration in accordance with the established procedure registers the petition and within fifteen days from the date of representation sends it to Administration of the President of Ukraine together with copies of sentence, determination and the court order, the detailed characteristic about behavior of person and its relation to work with the opinion of administration stated in writing and, as a rule the supervisory committee or juvenile service about feasibility of pardon, and also other documents and data which matter for consideration of question of application of pardon.

8. Preparation of materials for consideration of the plea for mercy and the message of the applicant on results of such consideration exercises Control concerning pardon of Administration of the President of Ukraine (further - Management).

The management for accomplishment of the tasks assigned to it has the right in accordance with the established procedure to request and receive documents, materials and information, necessary for consideration of the plea for mercy, from state bodies, local government bodies, organizations of execution of punishments.

9. During consideration of the plea for mercy are considered:

severity of the committed crime, term of the served sentence, the identity of the convict, sincere repentance, active assistance to disclosure of crime, behavior and the relation of person to work before condemnation and in organizations and other bodies of execution of punishments, condition of compensation of the caused damage or elimination of damage suffered and other circumstances;

opinion of administration of organization of execution of punishments or other body which carries out punishment, the supervisory committee, juvenile service, local executive body, local government body, public organizations, labor collectives and so forth about feasibility of pardon.

10. The plea for mercy and the materials prepared by Management are considered previously by the Commission in case of the President of Ukraine concerning pardon (further - the Commission).

The commission is formed by the President of Ukraine as a part of the chairman, two vice-chairmen and members of the commission. One of vice-chairmen of the Commission is on position the Chief of the department. Obligations of the secretary of the Commission are carried out by one of members of the commission.

Organizational form of work of the Commission are meetings which are convoked and held by the commission chairman, and in case of its absence - one of vice-chairmen of the Commission.

Commission session is competent if are present at it most of its structure.

Decisions of the Commission are made by vote by most of the members of the commission who are present at meeting. In case of equal distribution of voices the chairman's voice at meeting is decisive.

11. Petitions for pardons which are not subject to satisfaction under the circumstances provided by this Provision Management reports on the Commission.

12. Offers of the Commission on results of preliminary consideration of pleas for mercy are drawn up by the protocol which is signed by the chairman and the secretary of the Commission.

13. By results of preliminary consideration of the pleas for mercy and materials prepared by Management, the Commission makes to the President of Ukraine offers on application of pardon.

Reports on the petition, the bases for which satisfactions it is not found the Commission, on the President of Ukraine.

14. About pardon of the convict the President of Ukraine issues the decree.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.