RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of December 26, 2003 No. 16

About practice of application by courts of Ukraine legislations on repayment and removal of criminal record

Studying of practice of application of the legislation on repayment and removal of criminal record demonstrates that courts mainly correctly determine availability or absence at person of criminal record and the corresponding consequence in law. Generally according to the law also the issue of removal of criminal record is resolved. At the same time in case of application of this legislation some courts make mistakes that sometimes leads to violation of legitimate rights and interests of the condemned persons.

Along with it in connection with adoption in 2001 of the new Criminal code of Ukraine (further - UK) in court practice questions concerning content of its separate provisions which concern repayment and removal of criminal record arose.

For the purpose of ensuring identical application of the specified legislation the Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts that the criminal record is legal status of person which arises in connection with his condemnation to criminal penalty and under the conditions specified in the law involves approach for it certain negative effects and that the correct application of precepts of law about criminal record, its repayment or removal is important for permission of criminal cases in case of committing by person of new crime.

2. The criminal record can be considered in case of qualification of return to crime or in case of purpose for it of punishment, and also in other cases provided by UK and the laws of Ukraine (restriction of opportunity to hold certain positions or to be engaged in certain activities, application of parole from serving sentence, amnesties and so forth).

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