LAW OF UKRAINE

of January 29, 2014 No. 737-VII

About elimination of negative effects and non-admissions of prosecution and punishment concerning events which took place during peaceful assemblies

This Law is intended, being guided by the principle of humanity, to exempt from prosecution and punishment in connection with mass protests.

Article 1. Exempt from criminal liability according to the procedure and on the conditions determined by this Law, persons who are suspects or accused (defendants) of making during the period from December 27, 2013 to day of entry into force of this Law including the crimes provided by Articles 109, 110-1, 161, of 194, of 259, of 279, of 293, of 294, of 295, of 296, of 341, of 342, of 343, of 344, of 345, of 346, of 347, of 348, of 350, of 351, of 352, of 376, of 377, of 382, 386 Criminal codes Ukraine provided that these crimes are connected with mass protests which began on November 21 2013, and to close the corresponding criminal proceedings.

Article 2. Exempt from custodial sanction for certain term and from other punishments which are not connected with imprisonment, according to the procedure and on the conditions determined by this Law, persons condemned for making of crimes, the stipulated in Article 1 this Law.

Article 3. Close criminal proceedings which were begun in connection with crimes, the stipulated in Article 1 this Law, and in which to any person it is not reported about suspicion.

Article 4. Exempt from serving of administrative detention of persons to whom such administrative punishment for making during the period from December 27, 2013 to day of entry into force of this Law is applied, including any administrative offenses provided that these administrative offenses are connected with mass protests which began on November 21, 2013.

Article 5. Execution of this Law regarding release from criminal liability and from punishment of persons specified in articles 1 and 2 of this Law is assigned to courts, and regarding closing of the criminal proceedings specified in article 3 of this Law - to bodies of prosecutor's office.

Execution of this Law regarding release from serving of administrative detention of persons specified in article 4 of this Law is assigned to courts.

Article 6. Application of this Law is performed:

1) concerning suspects concerning whom criminal cases are in production of bodies of preliminary inquiry, - court within which territorial jurisdiction pre-judicial investigation, according to the petition of the suspect, his defender, legal representative or prosecutor performing procedural management of the corresponding pre-judicial investigation is performed; the corresponding petitions move without carrying out preliminary inquiry in full;

2) concerning accused (defendants) concerning whom criminal cases are performed by court and before entry into force of it are not considered by the Law, and also concerning accused (defendants) concerning whom criminal cases are considered, but sentences did not take legal effect, - courts which perform the corresponding judicial productions according to the petition of accused (defendant), his defender, the legal representative or the prosecutor performing maintenance of crown case;

3) concerning convicts - the courts which accepted the corresponding sentences according to the petition of the convict, his defender, legal representative or prosecutor performing support of crown case;

4) within criminal proceedings, the stipulated in Article 3 presents of the Law, - the prosecutor who performs procedural management of the corresponding pre-judicial investigation, without carrying out preliminary inquiry in full;

5) concerning persons to whom administrative punishment in the form of administrative detention is applied, - the courts which issued the relevant decrees according to the petition of person subjected to administrative detention, his defender or the legal representative.

Article 7. The court resolves issue of application of this Law in judicial session. The non-arrival in judicial session of persons who were properly notified on the place and time of consideration of question does not interfere with carrying out judicial session.

Article 8. Provisions of the Law of Ukraine "About application of amnesty in Ukraine", the Criminal code of Ukraine, the Code of penal procedure of Ukraine can be applied in case of accomplishment of this Law in the part which is not contradicting it.

Article 9. This Law becomes effective from the date of, its publication following behind day, however becomes effective from the date of, the publication following behind day on the official site of the Prosecutor General's Office of Ukraine of the notification of the Attorney-General of Ukraine on the actual making by participants of mass protests of set of the following actions:

1) release all occupied in Kiev and other settlements of Ukraine during the protest actions of buildings or premises of public authorities and local government bodies, and also the admission to the workplaces of persons which work there, and removals of other obstacles for proper functioning of the specified objects;

2) unblockings of transport communications on Grushevsky street in Kiev participants of mass protests;

3) unblockings of other streets, areas, lanes, boulevards etc. in the city of Kiev and other settlements of Ukraine, except on what there are peaceful protest actions.

Article 10. The Attorney-General of Ukraine performs on the official site of the Prosecutor General's Office of Ukraine the publication of the message on the actual making by participants of mass protests of set of actions, the stipulated in Article 9 these Laws, only provided that such actions were made by participants of mass protests no later than fifteen days from the date of, the entry into force of this Law following behind day.

Article 11. If before the expiration, the stipulated in Article 10 these Laws, the publication on the official site of the Prosecutor General's Office of Ukraine of the notification of the Attorney-General of Ukraine on the actual making by participants of mass protests of set of actions, the stipulated in Article 9 these Laws, it was not performed, this Law loses force from the date of, this term following behind the last day.

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