The ‘Amnesty Law 2’, dated 29 January 2014, by Yuriy Miroshnichenko

2014/02/18 • News

THE LAW OF UKRAINE

“On the Elimination of Negative Consequences and Prevention of Prosecution and Punishment as Applicable to Persons Related to the Events That Took Place During the Peaceful Protests”, No.737-VII, dated 29 January 2014

Based on the principle of humanity, the objective of this Law is to release people from prosecution and punishment in connection with mass street protests. 

Article 1. The persons who are the suspects or the defendants (i.e. the accused) in the crimes committed during the period from 27 December 2013 through the day this Law comes into effect, including for the offences under Articles 109, 1101, 161, 194, 259, 279, 293, 294, 295, 296, 341, 342, 343, 344, 345, 346, 347, 348, 350, 351, 352, 376, 377, 382, 386 of the Criminal Code of Ukraine, shall be released from criminal responsibility according to the procedure and the terms of this Law, provided that these offences are related to the mass street protests which commenced on 21 November 2013; the respective criminal proceedings shall be dismissed.

Article 2. The persons convicted for offences listed in Article 1 of this Law shall be released from such penalties as imprisonment for a certain period of time and other penalties unrelated to imprisonment according to the procedure and the terms of this Law.

Article 3. The criminal proceedings initiated in connection with the offences listed in Article 1 of this Law, in which no suspects were identified, shall be dismissed.

Article 4. The persons put under administrative arrest applied as the administrative penalty for having committed any administrative infringements during the period from 29 December 2013 through the day this Law comes into effect shall be released, provided that these administrative infringements are related to the mass street protests which commenced on 21 November 2013. 

Article 5. The enforcement of this Law in part or release from criminal responsibility of the persons listed in Articles 1 and 2 of this Law shall be carried out by the courts; and in part of the dismissal of the criminal proceedings as described in Article 3 of this Law shall be carried out by the prosecution authorities.

The enforcement of this Law in part of release from administrative arrest of the persons described in Article 4 of this Law shall be carried out by the courts.

Article 6. The enforcement of this Law shall be carried out by the following:

1) as applicable to the suspects with the criminal proceedings run by the prejudicial trial authorities – by the court having territorial jurisdiction over the prejudicial trial, based on the application from the suspect, his/her lawyer, lawful representative or the prosecutor in charge of the respective prejudicial trial; the respective applications shall be filed without carrying out the full prejudicial trial;

2) as applicable to the defendants (i.e. the accused) with the criminal proceedings run by the court and not resolved before this Law comes into effect, including the defendants (i.e. the accused) where the criminal proceedings were resolved, but the verdicts have not yet become final – by the courts in charge of the respective judicial proceedings, based on the application from the defendant (i.e. the accused), his/her lawyer, lawful representative or the public prosecutor;

3) as applicable to the convicted – by the courts that delivered the verdict, based on the application from the convicted, his/her lawyer, lawful representative or the public prosecutor;

4) as applicable to the criminal proceedings as described in Article 3 of this Law – by the prosecutor in charge of the respective prejudicial trial, without the full prejudicial trial;

5)  as applicable to the persons under administrative arrest applied as the administrative penalty – by the courts that issued the respective resolutions, based on the application from the person under the administrative arrest  his/her lawyer or the  lawful representative.

Article 7. The issues of the enforcement of this Law shall be decided by the court in the court sitting. The failure to appear to the court sitting by the persons who were duly notified of the place and time of the court sitting, shall not interfere with the court hearing.

Article 8. The provisions of the Law of Ukraine “On the Application of Amnesty in Ukraine”, the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine may be applied during the enforcement of this Law to the extent they do not contradict the provisions of this Law.

Article 9. This Law shall come into effect on the day following the day it was published; however, it shall be implemented from the day the following is published by the General Prosecutor of Ukraine on the official web-site of the General Prosecutor’s Office of Ukraine to confirm the participants of the mass street protests have actually complied with all of the following:

1) release of all buildings and premises of the government authorities and local self-government occupied in the city of Kyiv and other populated areas of Ukraine taken over during the protest actions, including to provide access to working area for persons employed there and removing any obstacles for the proper functioning of the mentioned facilities;

2)  release of transportation lines at Hrushevskiy Street in the city of Kyiv by the participants of the mass street protests;

3)  release other streets, squares, alleys and boulevards, etc. in the city of Kyiv  and other populated areas of Ukraine, except for those where peaceful protest actions take place.

Article 10. The General Prosecutor of Ukraine shall publish a statement on the official web-site of the General Prosecutor’s Office of Ukraine confirming the actual performance by the participants of the mass street protests of all actions listed in Article 9 of this Law, provided that such actions are performed by the participants of the mass street protests not later than 15 days from the day this Law comes into effect.

Article 11. In the event no publication is made by the General Prosecutor of Ukraine on the official web-site of the General Prosecutor’s Office of Ukraine to confirm the actual performance by the participants of the mass street protests of all actions listed in Article 9 of this Law within the time period provided for in Article 10 here of, this Law shall be repealed on the day following the last day of the mentioned time period.

President of Ukraine                                        V. Yanukovych

the City of Kyiv

No.737-VII, dated 29 January 2014

Source: rada.gov.ua

Translated by Svitlana Skoba

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