It is registered
Ministry of Justice of Ukraine
October 1, 2012
of September 28, 2012 No. 1439/5
About approval of the Procedure for submission to Office of the President of Ukraine of materials according to pleas for mercy of convicts and accomplishment of presidential decrees of Ukraine about pardon
According to the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228, and for the purpose of enhancement of procedure for preparation of materials according to pleas for mercy of convicts and reductions of regulatory legal acts in compliance with the current legislation.
1. Approve the Procedure for submission to Office of the President of Ukraine of materials according to pleas for mercy of convicts and accomplishment of presidential decrees of Ukraine about pardon which is applied.
2. To the chairman of the Public penitentiary service of Ukraine Lisitskov O. V. to bring this order to permission of heads of territorial authorities of management and subsections it is criminal executive inspection and to provide its accomplishment.
3. Declare invalid the order of State department of Ukraine concerning execution of punishments of May 16, 2006 No. 93 "About approval of the Instruction about procedure for provision in the Secretariat of the President of Ukraine of materials concerning pardon and accomplishment of presidential decrees of Ukraine about pardon", registered in the Ministry of Justice of Ukraine on June 02, 2006 for No. 672/12546.
4. To department of interaction with authorities of the Ministry of Justice of Ukraine (Zerkal O. V.) to submit this order on state registration according to the Presidential decree of Ukraine of October 03, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies" (with changes).
5. To impose control over the implementation of this order on the First Deputy Chairman of the Public penitentiary service of Ukraine Sidorenko S. M.
Approved by the Order of the Ministry of Justice of Ukraine of September 28, 2012, No. 1439/5
1.1. This Procedure determines the mechanism of preparation of materials by pleas for mercy of convicts and their submission to Department concerning nationality, pardon, the state awards of Office of the President of Ukraine of the Ministry of Justice of Ukraine and accomplishment of presidential decrees of Ukraine about pardon according to the Regulations on pardon procedure approved by the Presidential decree of Ukraine of April 21, 2015 No. 223.
1.2. 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;
the paragraph the fourth is excluded.
1.3. 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 transferred for serving sentence to Ukraine without condition about non-use of pardon concerning which court verdict is brought into accord with the legislation of Ukraine;
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;
is defender, one of parents, the wife (husband), the child, other family member, the legal representative of person specified in paragraphs the second - the fourth this Item.
In exceptional cases in the presence of force majeure the plea for mercy can be also submitted by the chairman or other member of the commission in case of the President of Ukraine concerning pardon, the Representative of the Verkhovna Rada of Ukraine for human rights, the Representative of the President of Ukraine for the child's rights, the Representative of the President of Ukraine for the rights of people with disabilities, representatives of the President of Ukraine for the Crimean Tatar people.
2.1. Persons condemned to lifelong imprisonment, imprisonment for certain term, to restriction of freedom, arrest submit the plea for mercy to the President of Ukraine through administration of organization of execution of punishments (administration of the pre-trial detention center) (further - administration of organization), drawn up with own hand in any form.
2.2. Persons condemned to punishments which are performed by authorized body concerning probation the plea for mercy to the President of Ukraine give through authorized body concerning probation.
2.3. The plea for mercy of convicts immediately are registered in register of pleas for mercy of convicts in the form determined in appendix 1 to this Procedure.
2.4. Administration of organization (authorized body concerning probation), accepting the plea for mercy from the convict, checks whether it is addressed on accessory, and provides to convicts the corresponding explanations.
2.5. After registration of the plea for mercy the administration of organization provides preparation of the characteristic on convicts in the form determined in appendix 2 to this Procedure and data on encouragement and collection for the entire period of content of this person in organization(s).
In the characteristic other documents and data important for consideration of question of application of pardon affect convicts his behavior for the period of serving sentence, the relation to work with the stated opinion of administration and, as a rule, the supervisory committee or service for children about feasibility of pardon, and also.
The condemned person can attach to the personal plea for mercy other documents which, in his opinion, matter for application of pardon.
After approval of the characteristic by the deputy chief of organization on social and educational and psychological work and approvals of organization by her chief the plea for mercy of the convict, the characteristic on the convict and data on encouragement and collection for the entire period matter of this person in organization(s) within three working days from the date of registration of the plea for mercy are retold in divisions of control of execution of judgments of organization for the subsequent document creation.
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