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of October 1, 1996 No. 392/96-BP

About application of amnesty in Ukraine

(as amended on 17-06-2020)

Article 1. Amnesty is full or partial relief from serving sentence of persons found guilty of making of criminal offense, or criminal cases concerning which are considered by courts, but sentences concerning these persons did not take legal effect.

Amnesty appears the law on amnesty which is adopted according to provisions of the Constitution of Ukraine, the Criminal code of Ukraine and this Law.

Amnesty is not applied to persons determined by article 4 of this Law.

The Verkhovna Rada of Ukraine has the right to adopt the law on amnesty both on certain category of persons, and on specifically certain person (individual amnesty).

Article 2. The law on amnesty can provide:

a) full relief of persons specified in it from serving of the penalty imposed by court (complete amnesty);

b) partial release of persons specified in it from serving of the penalty (partial amnesty) imposed by court.

The law on amnesty cannot prescribe replacement one punishment to others or removal of criminal record concerning persons who are exempted from serving sentence, except cases of individual amnesty.

Article 3. The decision on application or non-use of amnesty is accepted by court concerning each person individually after careful check of materials of the personal record and data on behavior condemned for term of imprisonment.

Having established in stage of legal proceedings of criminal case availability of the act of amnesty which eliminates application of punishment for committed act, court, in case of validity of fault of person, decides conviction with release of the convict from serving sentence.

Article 4. Amnesty cannot be applied to:

a)   No. 1246-VII is excluded according to the Law of Ukraine of 06.05.2014;

b) to persons to whom capital punishment according to the procedure of pardon is replaced with imprisonment, and to persons condemned to lifelong imprisonment;

c) to persons having two and more criminal records for making of deliberate heavy and/or especially serious crimes except cases of individual amnesty;

d)   No. 1246-VII is excluded according to the Law of Ukraine of 06.05.2014;

ґ) to persons condemned for making of deliberate heavy or especially serious crime except specified in the Item "g" of this Article which left less than two thirds of the primary punishment imposed by the court verdict;

e) to persons condemned for crime or crimes which led to death of two and more people;

e) to persons concerning whom within the last ten years amnesty or pardon irrespective of removal or repayment of criminal record was applied and which made intentional criminal offense, except cases of individual amnesty again;

є)   No. 1246-VII is excluded according to the Law of Ukraine of 06.05.2014.

Amnesty is also not applied to persons condemned for premeditated murder; tortures; violent donorship; illegal imprisonment or kidnapping if at the same time there was causing death or the serious bodily assault which entailed death.

By the law on amnesty also other categories of persons to which amnesty does not extend can be determined.

The part four is excluded according to the Law of Ukraine of 06.05.2014 No. 1246-VII.

Article 5. Operation of the law on amnesty extends to the criminal offenses made about day of entry into force by it inclusive and does not extend to the continued crimes if they are finished, stopped or interrupted after entry into force of the law on amnesty.

In exceptional cases for the purpose of the termination of socially dangerous group manifestations operation of amnesty can be extended to the acts made before certain date after the announcement of amnesty on condition of compulsory execution before this date of the requirements provided by the law on amnesty (conditional amnesty).

Article 6. Persons to whom operation of the law on amnesty extends can be exempted from serving as the main, and the additional punishment imposed by court except confiscation of property, regarding sentence which was not executed on the date of entry into force by the law on amnesty.

To persons condemned to punishment (the main or additional) in the form of penalty, the amount of the penalty paid with them before adoption by court of the decision on release from serving sentence in connection with amnesty does not return.

The question of repayment or removal of criminal record concerning persons to whom amnesty is applied is solved according to provisions of the Criminal code of Ukraine.

Article 7. The laws on amnesty, except for the laws on conditional amnesty, the Verkhovna Rada of Ukraine can accept not more often than once within calendar year, except cases of individual amnesty.

Article 8. Persons condemned for making criminal offenses which according to the law on amnesty are subject to release from serving (the subsequent serving) of punishment are exempted not later than within three months after publication of the law on amnesty.

Terms of release of persons under the law on individual amnesty are established in such law.

Persons concerning whom according to the law on amnesty reducing term of punishment is applied shall be officially informed on new calculation of term of punishment and on end date of serving sentence within a month after publication of the law on amnesty.

President of Ukraine

L. Kuchma

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