SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of June 24, 2005 No. P-186/2005

About offers on application of regulations of the legislation on amnesty

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., Boyko T. S. judges., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z., having considered based on Article 40 and part one of article 116 of the Constitution of the Republic of Belarus addresses of convicts with claims to non-use to them of amnesty, established the following.

Article 10 of the Law of the Republic of Belarus of January 8, 2004. "About amnesty of some categories of persons who committed crimes" the possibility of release from punishment partially for a period of one year is provided:

persons to whom custodial sanction is imposed;

persons to whom penalty in the form of restriction of freedom (article 55 of the Criminal code of the Republic of Belarus is imposed (further - UK), and persons who are conditionally condemned to imprisonment with obligatory involvement of the convict to work (article 23-1 UK of 1960);

persons to whom unexpired part of imprisonment is replaced with punishment in the form of restriction of freedom or corrective works (article 91 UK), and persons which are conditionally exempted from places of detention with obligatory involvement of the convict to work (article 51-2 UK of 1960);

the military personnel to whom penalty in the form of the direction in disciplinary military unit is imposed.

The specified Article provides also possibility of release from punishment of above-mentioned persons who on the date of consideration of materials about application of amnesty before the termination of term of punishment have less than one year.

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