LAW OF UKRAINE

of June 2, 2011 No. 3465-VI

About introduction of amendments to the Law of Ukraine "About application of amnesty in Ukraine" and other legal acts of Ukraine

The Verkhovna Rada of Ukraine decides:

I. Make changes to the Law of Ukraine "About application of amnesty in Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 1996, No. 48, Art. 263; 1997, No. 9, Art. 69; 2000, No. 35, Art. 281; 2007, to No. 9, the Art. 79), having stated it in the following edition:

"LAW OF UKRAINE

About application of amnesty in Ukraine

Article 1. Amnesty is full or partial relief from serving sentence of certain category of persons found guilty of crime execution, 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.

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.

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) to persons concerning whom criminal cases are in production of bodies of inquiry, pretrial investigation or court, but not considered by court under the resolution of conviction;

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