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PRESIDENTIAL DECREE OF UKRAINE

of April 21, 2015 No. 223/2015

About Regulations on pardon procedure

(as amended on 20-08-2021)

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

2. Declare invalid the Presidential decree of Ukraine of September 16, 2010 No. 902 "About approval of the Regulations on pardon procedure".

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

President of Ukraine

P. A. Poroshenko

 

Approved by the Presidential decree of Ukraine of April 21, 2015 No. 223/2015

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 the main and additional punishments.

3. Has the right to petition for 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 in 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 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 Adviser - the representative of the President of Ukraine for the rights of the child and children's rehabilitation, the Adviser - the representative of the President of Ukraine for accessibility.

4. The plea for mercy can be submitted after the introduction of sentence to legal force, and in case of appeal of sentence 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. Persons condemned for heavy or especially serious crimes or have two and more criminal records for making of intentional crimes or left insignificant part of the penalty imposed by it term, can be pardoned in exceptional cases in the presence of force majeure.

Persons condemned for making of corruption criminal offenses, the criminal offenses connected with corruption abuse of regulations of traffic safety or operation of transport by persons which managed vehicles in condition of alcoholic, drug or other intoxication or being under the influence of the medicines reducing attention and speed of reaction can be exempted from serving sentence according to the procedure of pardon after the actual departure of the terms established by part three of article 81 of the Criminal Code of Ukraine by them.

6. The plea for mercy person condemned by court of Ukraine who serves sentence in Ukraine or the condemned court of foreign state and transferred for serving sentence in 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 instantly registers the petition and within fifteen days from the date of giving sends it to Office of the President of Ukraine together with copies of sentence, determination and the court order, the characteristic about behavior of person with the opinion of administration stated in writing and, as a rule, the supervisory committee or service for children about feasibility of pardon, and also other documents and data important for consideration of question of application of pardon.

The convict can attract other documents which, in his opinion, matter for application of pardon to the personal plea for mercy.

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 Adviser - the representative of the President of Ukraine for the rights of the child and children's rehabilitation, the Adviser - the representative of the President of Ukraine for accessibility submit the plea for mercy directly to Office of the President of Ukraine. Any documents which matter for application of pardon join such petition.

7. Preparation of materials for consideration of the plea for mercy and notification of the applicant on results of such consideration the Department concerning nationality performs, pardons, the state awards of Office of the President of Ukraine (further - Department).

The department 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.

8. The plea for mercy and the materials prepared by Department 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, the secretary and other members of the commission. One of vice-chairmen of the Commission is on position the deputy manager of Department - the chief of the department concerning pardon. Duties of the secretary of the Commission are fulfilled by one of members of the commission.

In structure of the Commission highly skilled lawyers, public figures, politicians and representatives of the creative intellectuals are appointed.

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

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

The decision of the Commission are accepted 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.

Commission session in the presence of technical means can be held remotely in the video conference mode

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

severity of the committed crime, term of the served sentence, the identity of the convict, his behavior, sincere repentance, condition of compensation of the caused damage or elimination of damage suffered, family and other circumstances;

opinion of administration of organization of execution of punishments or other body performing punishment, the supervisory committee, service for children, local executive body, local government body, public associations and other subjects about feasibility of pardon.

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