Amnesty in Ukraine: it has become known who will be able to get a sentence

The profile committee recommends that the Verkhovna Rada support the amnesty bill on the occasion of the 30th anniversary of Ukraine’s independence.In case of adoption of the bill 1046 persons will be subject to preliminary release / photo - UNIANIn case of adoption of the bill 1046 persons will be subject to preliminary release / photo – UNIAN

The Committee on Law Enforcement Recommendations to the Verkhovna Rada to Support the Amnesty Bill on the Occasion of the 30th Anniversary of Ukraine’s Independence.

According to the Information Department of the Verkhovna Rada, Bill №5249 proposes to declare an amnesty and extend its effect primarily to those categories of convicts who are most vulnerable and socially vulnerable.

 Who will be able to get early release:

  • minors and women, as well as men who have minor children or children recognized as persons with disabilities;
  • persons with disabilities of the first, second and third groups;
  • patients with tuberculosis, cancer;
  • persons who have reached retirement age and participants in hostilities.

It is assumed that the main criteria for the application of amnesty are:

  • insignificant public danger of acts committed by a person serving a sentence;
  • objective factors (serious illness, old age, etc.) that significantly reduce the risk of persons who are proposed to be released from serving a sentence;
  • significant period served by convicted persons at the time of the amnesty.

The decision on the application or non-application of amnesty will be made by the court for each person individually.

According to the Ministry of Justice, 1,046 people will be released if the bill is passed. Also, 135 convicts serving sentences of restraint of liberty and other non-custodial sentences will be reduced by half of the unserved part of the sentence.

Who will not be able to receive amnesty:

  • persons who have commuted the death penalty to imprisonment and those sentenced to life imprisonment;
  • offenders who have two or more convictions for intentional serious and / or particularly serious crimes;
  • persons convicted of crimes against the foundations of national security of Ukraine, terrorist act, banditry, premeditated murder under aggravating circumstances;
  • those convicted of a crime or crimes that resulted in the death of two or more persons;
  • persons who have received amnesty or pardon during the last ten years and have again committed an intentional criminal offense, as well as persons who have committed crimes using their official position (corruption crimes);
  •  convicted of violation of traffic safety rules or operation of transport, which caused death or serious bodily injury of the victim, committed by a person in a state of alcohol or other intoxication.

The Ministry of Justice also considers it appropriate to supplement the bill with provisions on the non-application of amnesty to the following persons:

  • who have been convicted of a criminal offense under part two of Article 286-1 of the Criminal Code;
  • convicted of domestic violence and improper performance of duties to protect the lives and health of children;
  • persons punished for harassing a child for sexual purposes;
  • and those convicted of illegal activities in the organization or conduct of gambling, lotteries and animal cruelty.

The Committee recommends that the Verkhovna Rada adopt Bill №5249 in the first reading as a basis, and reject the alternative Bill №5249-1. The members of the Committee drew attention to the fact that the alternative draft contained Article 2, which provided for the specifics of the application of amnesty to persons:

  • who defended the sovereignty and territorial integrity of Ukraine;
  • took a direct part in anti-terrorist operation, ensuring its carrying out;
  • received the status of a participant in hostilities.

Currently, the current legislation of Ukraine already defines a list of documents that confirm the classification of a person as a “participant in hostilities.” But the list of documents on the categories of persons who “defended the sovereignty and territorial integrity of Ukraine” has not yet been determined.

In case of adoption of the bill in the offered edition there will be a legal uncertainty that further can lead to problems in law enforcement of norm, deputies consider.

Earlier, UNIAN reported that a representative of the ombudsman told about the conditions for convicted Ukrainians in Russia . Yes, people are put in cages, put on their knees and used psychotropic drugs.

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(C)UNIAN 2021

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