LAW OF UKRAINE

of February 21, 2014 No. 743-VII

About non-admission of prosecution and punishment concerning events which took place during peaceful assemblies, and recognition voided some laws of Ukraine

The Verkhovna Rada of Ukraine decides:

I. Article 1. Exempt from criminal liability according to the procedure and on the conditions determined by this Law persons who were participants of mass protests which began on November 21 2013, and are:

suspects or accused (defendants) of making during the period from November 21, 2013 to day of entry into force of this Law inclusive actions which contain signs of the criminal offenses provided by Articles 109, of 112, of 113, of 121, of 122, of 125, of 128, of 129, of 146, of 147, 151-1, 161, of 162, of 170, of 174, of 182, of 185, of 186, of 187, of 189, of 194, of 195, of 196, 197-1, 231, of 236, of 239, of 241, of 255, of 256, of 257, of 258, 258-1, 258-2, 258-3, 258-4, 258-5, 259, of 260, of 261, of 264, of 267, of 270, 270-1, 277, of 279, of 280, of 286, of 289, of 291, of 293, of 294, of 295, of 296, of 304, of 325, of 335, of 336, of 337, of 341, of 342, of 343, of 344, of 345, of 346, of 347, of 348, of 349, of 350, of 351, of 352, of 353, of 355, of 356, of 376, of 377, of 382, of 386, of 396, 436 Criminal codes of Ukraine under condition, that these actions are connected with participation in mass protests which began on November 21, 2013;

persons who made actions which may contain signs of the criminal offenses provided by above-mentioned articles of the Criminal code of Ukraine provided that actions of these persons of svyazaa with participation in mass protests.

Close the corresponding criminal proceedings.

For this Law is confirmed participation in mass protests by its statement in relevant organ or the official.

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 the criminal proceedings begun in connection with crimes, the stipulated in Article 1 this Law in which any personality is not reported about suspicion.

Article 4. Exempt from the administrative responsibility persons who were participants of mass protests which began on November 21 2013, for making during the period from November 21, 2013 to day of entry into force of this Law, including any administrative offenses provided by the Code of Ukraine about administrative offenses provided that these offenses are connected with mass protests, according to the procedure, determined by this Code.

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 the administrative responsibility 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 investigations 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 are not considered by this 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 proceedings according to the petition of accused (defendant), his defender, the legal representative or the prosecutor performing maintenance of crown case;

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

4) within criminal proceedings, the stipulated in Article 3 presents of the Law, - the prosecutor performing procedural management of the corresponding pre-judicial investigations without carrying out preliminary inquiry in full.

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, the Code of Ukraine about administrative offenses can be applied in case of accomplishment of this Law in the part which is not contradicting it.

Article 9. Prohibit collection, registration, accumulating, storage, adaptivising, change, recovery, use and distribution (distribution, realization, transfer) of personal data of persons who were participants of mass protests which began on November 21 2013, which were received in connection with participation of these persons in protest actions. These personal data are liable to destruction in the procedure established by the legislation.

Article 10. Official and officials for failure to carry out of this Law within one month from the effective date of this Law are subject to obligatory accountability according to the procedure, determined by the laws of Ukraine.

II. Final and transitional provisions

1. Recognize invalid:

The law of Ukraine "About elimination of negative effects and non-admissions of prosecution and punishment concerning events which took place during peaceful assemblies" of December 19, 2013 No. 712-VII;

The law of Ukraine "About introduction of amendments to the Law of Ukraine" About elimination of negative effects and non-admissions of prosecution and punishment concerning events which took place during peaceful assemblies " of January 16, 2014 No. 731-VII;

The law of Ukraine "About elimination of negative effects and non-admissions of prosecution and punishment concerning events which took place during peaceful assemblies" of January 29, 2014 No. 737-VII.

2. To the Attorney-General of Ukraine instantly, but no later than the next day behind day of entry into force of this Law to give the assignment to prosecutors of the lowest level who perform procedural management of preliminary inquiry, to introduce the petition in courts within which territorial jurisdiction pre-judicial investigation is performed, about release from criminal liability, and also from punishment of persons specified in articles 1 and 2   of this Law and also to make legal proceedings and to make proceeding decisions on closing of the criminal proceedings provided in article 3 of this Law.

To prosecutors instantly, from the next day behind day of entry into force of this Law to introduce the petition in courts within which territorial jurisdiction pre-judicial investigation is performed, about release from criminal liability, and also from punishment of persons specified in articles 1 and 2   of this Law and also to make legal proceedings and to make proceeding decisions on closing of the criminal proceedings provided in article 3 of this Law.

To courts instantly, but no later than the next day from the date of receipt of the petition of the suspect, accused (defendant), the convict, his defender, the legal representative, face to which administrative punishment is applied, or the prosecutor about release from the criminal and administrative responsibility, and also from punishment of persons specified in articles 1 and 2   of this Law to perform its consideration.

3. Discrimination, prosecutions and accountability of persons for their participation in mass protests which began on November 21, 2013 is forbidden to authorities and their official (office) persons, the companies, organizations, the organizations of all patterns of ownership and continued about day of entry into force of this Law.

4. Provisions of this Law extend to criminal proceedings, data on which are entered in the Unified register of pre-judicial investigations on No. 12013110100018056 6 of December, 2013 concerning Smaliya Victor Nikolaevich, on August 25, 1976, for making of the criminal offense provided by Article part two 15, article 377 of the Criminal code of Ukraine and on criminal proceedings which were open concerning Lutsenko Yury Vitalyevich, on December 14, 1964 year of birth, for making of criminal offense, stipulated in Article 110 Criminal codes of Ukraine.

5. This Law becomes effective from the date of, its publication following behind day.

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