LAW OF UKRAINE

of September 7, 2016 No. 1492-VIII

About modification of some legal acts of Ukraine concerning ensuring execution of criminal penalties and realization of the rights of convicts

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Criminal code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2001, Art. No. 25-26, 131):

Part the second Article 64 to add 1) with the words "and also in the case provided by part four of article 68 of this Code";

Article 68 after part three to add 2) with new part of the following content:

"4. Lifelong imprisonment for making of preparation for crime and making of attempted crime is not applied, except cases of making of crimes against the bases of homeland security of Ukraine provided in Articles 109 - 114-1, against the world, safety of mankind and the international law and order provided in Articles 437 - 439, parts one of Article 442 and Article 443 of this Code".

With respect thereto the fourth to consider part part five;

Article 76 to state 3) in the following edition:

"Article 76. The OBLIGATIONS ASSIGNED by COURT TO PERSON EXEMPTED FROM SERVING SENTENCE WITH TESTING

1. In case of release from serving sentence with testing the court assigns on condemned the following obligations:

1) periodically to be for registration in authorized body concerning probation;

2) to notify authorized body concerning probation on change of the residence, work or study.

2. On persons exempted from serving sentence with testing, the court can assign the following obligations in addition:

To ask 1) publicly or in other form of apology for the victim;

2) not to leave Ukraine without approval of authorized body concerning probation;

3) to find a job or in the direction of authorized body concerning probation to address to bodies of public service of employment for registration as the unemployed and to find a job if the corresponding position (work) is offered it;

4) to carry out the actions provided by the probatsionny program;

5) to receive medical treatment for frustration of mentality and behavior owing to the use of psychoactive agents or the disease constituting health hazard of other persons;

6) to observe the requirements about making of certain actions established by court, restrictions of communication, movement and carrying out leisure.

Assigns the obligations provided by part two of this Article necessary and sufficient for its correction taking into account severity of the committed crime to person exempted from serving sentence with testing, court, the identity of the guilty person and circumstances commuting or aggravating penalty.

3. Supervision of persons exempted from serving sentence with testing is performed by authorized body concerning probation at the place of residence, works or studies of the convict, and concerning the condemned military personnel commanders of military units";

4) in Article 79:

in part two of the word "the court can assign to the convict of obligation, provided in article 76 of this Code" shall be replaced with words "the court assigns to of this Code condemned obligations according to article 76";

third to state part in the following edition:

"3. Supervision of convicts is exercised by authorized body concerning probation";

Part third of Article 83 to state 5) in the following edition:

"3. Supervision of the expectant mothers and women having children under three years exempted from serving sentence is performed by authorized body concerning probation at the place of residence";

6) in Article 389:

the paragraph one of part one to state in the following edition:

"1. Evasion of the penalty condemned from payment or from serving sentence in the form of deprivation of the right to hold certain positions or to be engaged in certain activities";

the paragraph one of part two to state in the following edition:

"2. Evasion of the convict from serving sentence in the form of social or corrective works";

7) in Article 390:

word part one in paragraph one "condemned to restriction of freedom" shall be replaced with words "serves sentence in the form of restriction of freedom";

word part two in paragraph one "the convict to restriction of freedom which" shall be replaced with words "serves sentence in the form of restriction of freedom and which";

word part three in paragraph one "the convict to imprisonment which" shall be replaced with words "serves custodial sanction and which".

2. In the Penitentiary code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2004, Art. No. 3-4, 21):

Part third of article 6 after the words "and serving sentence (mode)" to add 1) with the word "probation";

2) in Article 8:

in part one:

the second offer of the paragraph of the fourth to replace with three offers of the following content: "The corresponding addresses (correspondence) move in administration of organization of execution of punishments. About receipt of the address (correspondence) by administration the coupon confirmation is issued to the convict. Within three days (and in the cases established by the legislation, within a day) from the moment of issue of the coupon confirmation the specified appeal (correspondence) is sent to the addressee";

the ninth to state the paragraph in the following edition:

"On the remunerative work organized according to requirements of the legislation on work including concerning duration, conditions and compensation. At the same time duration of the working day cannot constitute more than eight hours and duration of working hours - more than 40 hours a week";

add with the paragraph the twelfth the following content:

"On receipt of copies of documents from their personal records and another, connected with realization their rights, documents according to the procedure, established by the Ministry of Justice of Ukraine";

the fifth to state part in the following edition:

"5. Forced interruption of dream of convicts at night, except making by convicts of escape, mass riots, the fire, accident, natural disaster, direct threat of life of convicts is forbidden";

add with part seven of the following content:

"7. Convicts to whom the court applies probations have the rights determined by this Code and the Law of Ukraine "About probation";

3) in Article 9:

the third and fifth parts one after the word of "punishments" to add paragraphs with words of "authorized body concerning probation";

add with part three of the following content:

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