LAW OF UKRAINE

of October 1, 1996 No. 392/96-BP

About application of amnesty in Ukraine

Article 1. Amnesty is full or partial relief from serving sentence of persons found guilty of making of criminal offense, 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.

The Verkhovna Rada of Ukraine has the right to adopt the law on amnesty both on certain category of persons, and on specifically certain person (individual amnesty).

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, except cases of individual amnesty.

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)   No. 1246-VII is excluded according to the Law of Ukraine of 06.05.2014;

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