08:15 AM10.15.2019

Sila Prava Presented Draft Law of Ukraine "On Liability" Including Feedback as of May 17, 2019


In order to prevent the aggressor state from driving wedge of fear, distrust, and hatred between the free and occupied territories of Ukraine, it is necessary today to adopt laws that will form a clear understanding of how the process of reunification of the country will take place. One such law is the Law “On Liability”.

Below you will find the presentation of Draft law of Ukraine “On Liability” including feedback received from public consultations as of May 17, 2019.

PREAMBLE

De-occupation and reintegration of the temporarily occupied territories of Ukraine are not consecutive stages, but parallel, interrelated processes.

An important factor contributing to de-occupation is overcoming the psychological barrier associated with the prospect of reunification of a country that has been artificially separated by a front line for the period of over five years. A number of global precedents reaffirm this notion – the longer an international armed conflict continues, the greater the degree to which it becomes internalized.

In order to prevent the aggressor state from driving wedge of fear, distrust and hatred between the free and occupied territories of Ukraine, it is necessary today to adopt laws that will form a clear understanding of how the process of reunification of the country will take place. One such law is the Law “On Liability”.

When considering the proposed draft Law of Ukraine “On Liability”, it should be taken into account that, for any country that has experienced armed conflict, procedures for a post-war settlement did not fit into the framework of existing legislation. In every case, special legislation was created for the purpose based on a blank slate approach.

PRIMARY GOALS OF THE LAW

  • To define the process and criteria for imposing liability upon the citizens of Ukraine who have committed crimes of minor or medium gravity defined under the present Law, but who have appealed to a court with an admission of the committed crimes and a request for pardon;
    • The law does not envisage the application of the procedure to crimes of severe gravity against one’s own country.
    • Only those who have committed crimes of minor or medium gravity, and have repented, may voluntarily and individually make use of the right to pardon.
  • To identify an exhaustive list of crimes committed by Ukrainian citizens in the interests of the aggressor state and to the detriment of Ukraine’s interests during the period of armed aggression against Ukraine and occupation of part of its territory;
    • Those residents of the occupied territories, whose acts do not fall under this definition, are victims of the occupation rather than its accomplices.
  • To prevent extension of the domain of the present Law by addition of articles of the Criminal Code of Ukraine;
  • To establish a special system of punishments for illegal acts in the interest of the aggressor state and to the detriment of Ukraine’s interests, committed by Ukrainian citizens on the occupied territories during the period of armed aggression of the Russian Federation against Ukraine.
    • The procedure does not absolve one of responsibility, but rather offers those who have not committed crimes of severe gravity an opportunity to substitute a punishment in form of imprisonment for an alternative one in form of a temporary limitation of rights.

EXTENT OF APPLICATION OF THE LAW

The law is intended to be applied to crimes committed within the following timeframes and territories:

  • The Law is applicable to criminal offenses defined under the present Law and committed by citizens of Ukraine on the territory of the Autonomous Republic of Crimea, Sevastopol, Donetsk, and Lugansk regions during the period of armed aggression by the Russian Federation started on February 20, 2014, through to the official date of the termination of Ukraine’s territory occupation announced by the relevant decision of the President of Ukraine.
  • The Law is applicable to crimes that took place on the territories of the Autonomous Republic of Crimea, the city of Sevastopol, Donetsk, and Lugansk regions

SCOPE OF PROSECUTION

The Criminal Code of Ukraine is not adapted to the conditions of armed aggression and occupation.

The code allows for application of 46 of its articles to actions of citizens of Ukraine living in the temporarily occupied territories, which places approximately one million people under the risk of prosecution.

The proposed law limits the number of applicable articles of the Criminal Code of Ukraine to 22.

The result of this limitation is the exclusion of 500,000 people, who are in fact victims of the occupation rather than its accomplices, from potential prosecution.

FORECASTING RESULTS OF THE LAW "ON LIABILITY"

Article 8: Crimes to Which the Norms of the Present Law are Applied

2. Scope of the present Law includes crimes set out in the Article 109 (Acts Directed at a Violent Change or Overthrow of Constitutional Order or Seizure of Government Power), Article 110 (Infringement upon Territorial Integrity and Inviolability of Ukraine), Article 111 (High Treason), Article 113 (Sabotage), Article 114-1 (Obstruction of Lawful Activities of the Armed Forces of Ukraine and Other Military Formations), Article 161 (Violation of Equality of Citizens Based on Race, Nationality, Religious Beliefs, Handicap ,and Other Attributes), Article 258 (Act of Terrorism), Article 258-1 (Involvement of Other Persons in Act of Terrorism), Article 258-2 (Public Appeals to Commit Act of Terrorism), Article 258-3 (Creation of a Terrorist Group or Organisation), Article 258-4 (Provision of Assistance in Act of Terrorism), Article 260 (Unlawful Creation of Militarized or Armed Formations), Article 279 (Blocking of Transport Links and Capturing of Transport-Related Company), Article 294 (Mass Riots), Article 328 (Divulging State Secrets), Article 338 (Desecration of State Symbols), Article 341 (Capture of Government or Other Public Buildings or Structures), Part 2 of Article 367 (Neglect of Duty), Part 2 of Article 375 (Issuing by a judge(s) of an inherently unjust verdict, judgement, finding, ruling or adjudication), Article 408 (Desertion), Article 422 (Divulging of Information of a Military Nature the Constitutes State Secret, or Loss of Documents or Materials that Contain Such Information), and Article 447 (Mercenary Activities).

Changes to System of Punishments for Serious Crimes

The draft law proposes to introduce a more flexible system of punishments under the following articles of the Criminal Code of Ukraine, which would allow for the application of punishments adequate to the severity of crime committed:

Article 110: Infringement upon Territorial Integrity and Inviolability of Ukraine;

Article 111: High Treason;

Article 114-1:  Obstruction of Lawful Activities of the Armed Forces of Ukraine and Other Military Formations;

Article 294: Mass Riots.

Article 110 of the Criminal Code of Ukraine

In its current form, the article states:

1. Intentional acts committed with the intention of altering territorial boundaries or national borders of Ukraine in violation of the procedure provided for in the Constitution of Ukraine, and also public appeals or distribution of materials with appeals to commit any such acts.
Punishable by limitation of liberty for up to 3 years, or imprisonment for the same term

2. Any acts cited in paragraph 1 of this Article, if committed by a representative of a public authority, or committed multiple times by any person, or committed as part of an organized group, or combined with inflaming national or religious enmity,
Punishable by limitation of liberty for 3 to 5 years, or imprisonment for the same term

3. Any acts cited in paragraphs 1 and 2 of this Article, if they caused human death or other grave consequences
Punishable by imprisonment for a term of 7 to 12 years

It is proposed to make the following alterations:

Part 1 of the Article shall state: “Intentional acts committed with the intention to create conditions for altering territorial boundaries or national borders of Ukraine and violation of the order set out in the Constitution of Ukraine”
Punishable by imprisonment for a term of up to 2 years

Part 3 of the Article shall state: “Acts stipulated in Part 2 of the present Article, if committed by a representative of authority, or repeatedly, or as part of an organized group, or in conjunction with incitement of national or religious enmity
Punishable by imprisonment for a term of 5 to 10 years, with or without confiscation of property

Part 4 of the Article shall state: “Acts stipulated in Parts 2 and 3 of the present Article, which have caused death or other grave consequences
Punishable by imprisonment for a term of 10 to 15 years, or imprisonment for life, with or without confiscation of property

Parts 1, 2 and 3 of the Article are to be considered Parts 2, 3 and 4 respectively.

Article 114-1 of the Criminal Code of Ukraine

In its current form, the article states:

1. Obstruction of the lawful activity of the Armed Forces of Ukraine and other military formations during a special period.
Punishable by imprisonment for a term of 5 to 8 years

2. Same act that has led to human death or other grave consequences.
Punishable by imprisonment for a term of 8 to 15 years

It is proposed that the Article comprise the following:

1. Obstruction of the lawful activity of the Armed Forces of Ukraine and other military formations during a special period
Punishable by imprisonment for a term of 3 to 5 years
2. Organizing and directing actions of persons with the aim of obstructing lawful activity of the Armed Forces of Ukraine and other military formations during a special period

Article 111 of the Criminal Code of Ukraine

In its current form, the article states:

1. High treason is defined as an act intentionally committed by a citizen of Ukraine to the detriment of sovereignty, territorial integrity and inviolability, defense capability, to state, economic or information security of Ukraine: joining the enemy during a period of martial law or armed conflict, espionage, assistance in subversive activities against Ukraine provided to a foreign state, a foreign organization or their representatives.
Punishable by imprisonment for a term of 10 to 15 years

2. A citizen of Ukraine shall be exempted from criminal liability in cases where the citizen has not committed any acts requested by a foreign state, a foreign organization or their representatives and has voluntarily reported his or her ties them and mission he or she was given to government authorities.

It is proposed to make the following alterations:

Part 2 of the article shall state: “High treason committed in the form of conscious collaboration, defined as voluntary, deliberate cooperation of a citizen of Ukraine with an enemy in their interest and to the detriment of own state under the conditions of armed aggression or during an armed conflict, in cases where these actions had a significant influence but did not substantially violate sovereignty, territorial integrity and inviolability, defensive capability, to state, economic or informational security of Ukraine”
Punishable by imprisonment for a term of 3 to 5 years, with or without confiscation of property

Part 3 of the article shall state: “High treason committed in the form of conscious collaboration, defined as voluntary, deliberate cooperation of a citizen of Ukraine with an enemy in their interest and to the detriment of own state under the conditions of armed aggression or during an armed conflict, in cases where these acts had a minor influence on violation of sovereignty, territorial integrity and inviolability, defensive capability, to state, economic or informational security of Ukraine”
Punishable by imprisonment for a term of up to 2 years.

Part 2 of this article shall be considered as Part 4

Article 111 of the Criminal Code of Ukraine

It is proposed to make the following note:

1. In articles 18 and 111 of the present Code, insubstantial influence is defined as the act of a person who, in cooperation with the enemy on occupied territories, carries out insubstantial work the results of which can be altered or cancelled by a higher authority and, as such, cannot inflict damage to sovereignty, territorial integrity and inviolability, defense capability, or to state, economic or informational security of Ukraine.
2. In articles 18 and 111 of the present Code, substantial influence which did not result in material harm is defined as the act of a person who, in cooperation with the enemy on occupied territories, carries out work which has material importance to the occupational administration, but the results of which are not definitive in character and can be altered or cancelled by a higher authority and, as such, cannot inflict damage to sovereignty, territorial integrity and inviolability, defense capability, or to state, economic or informational security of Ukraine.

Article 294 of the Criminal Code of Ukraine

In its current form, the article states:

1. Organizing of mass riots accompanied by violence to persons, arson, destruction of property, occupation of buildings or structures, forcible eviction of citizens, resistance to representatives of authority involving use of weapons or other objects used as weapons, or active participation in mass riots.
Punishable by imprisonment for a term of 5 to 8 years
2. Above activities, if they resulted in loss of life or other grave consequences
Punishable by imprisonment for a term of 8 to 15 years

It is proposed that the Article comprise the following:

1. Active participation in mass riots accompanied by violence to persons, arson, destruction of property, occupation of buildings or structures, forcible eviction of citizens, resistance to representatives of authority involving use of weapons or other objects used as weapons, if such activities did not result loss of life or other grave consequences.
Punishable by imprisonment for a term of 3 to 5 years
2. Organizing of mass riots accompanied by violence to persons, arson, destruction of property, occupation of buildings or structures, forcible eviction of citizens, resistance to representatives of authority involving use of weapons or other objects used as weapons, or active participation in mass riots with use of weapons.
Punishable by imprisonment for a term of 5 to 8 years

Collaborationism – Definition and Liability

Conscious collaborationism is defined under the present law as intentional acts of a citizen of Ukraine who intentionally continued to reside in temporarily occupied territories of Ukraine and, motivated by desire of personal gain, begun to consciously cooperate with the enemy to the benefit of a foreign aggressor state during the armed aggression of the Russian Federation, while holding a position of authority or influence in the unlawfully created occupational administration of the aggressor state.

Forced collaborationism is defined under the present law as intentional acts of a citizen of Ukraine who, due to circumstances outside of their control, continued to reside in temporarily occupied territories of Ukraine and, while not wishing to accept the situation that has arisen, was forced to work to the benefit of a foreign aggressor state during the armed aggression of the Russian Federation, carrying out regular work that is necessary to maintain normal livelihood while residing in occupied territories.

Inclusion of liability for collaborationism in the Article 111 of the Criminal Code of Ukraine as one of the forms of high treason, together with a flexible system of punishments, would allow for proportionate punishment with respect to gravity of crimes committed, as well as to prosecute collaborationism that occurs at any point during the armed aggression of the Russian Federation against Ukraine, starting from February 20, 2014.

Article 9: Crimes Not Subject To Pardon

The procedure of pardon is not applicable to citizens of Ukraine who, during the period of military aggression of the Russian Federation against Ukraine and occupation of part of its territory, have committed in the interest of the aggressor state crimes of severe or particularly severe gravity set out in the Law “On Liability”.

Subjects of crime are defined in Addendum to the present Presentation

Crimes Subject to Pardon

Article 10: Crimes of Medium Gravity that are Subject to Pardon

The procedure of pardon may be applied to citizens of Ukraine who, during the period of military aggression of the Russian Federation against Ukraine and occupation of part of its territory, have committed in the interest of the aggressor state and to the detriment of Ukraine crimes of medium gravity set out the Law “On Liability”.

Subjects of crime are defined in Addendum to the present Presentation

Article 11: Crimes of Minor Gravity that are Subject to Pardon

The procedure of pardon may be applied to citizens of Ukraine who, during the period of military aggression of the Russian Federation against Ukraine and occupation of part of its territory, have committed in the interest of the aggressor state and to the detriment of Ukraine crimes of minor gravity set out in the Law “On Liability”.

Subjects of crime are defined in Addendum to the present Presentation

ELIGIBILITY FOR PARDON

Pardonable persons are considered to be those who

  • Committed crimes of minor to medium gravity
  • Admitted guilt
  • Repented and appealed to a court stating their crime and requesting pardon

Pardon is not extended to persons who, during the period of military aggression of the Russian Federation against Ukraine occupation of parts of its territory…

  • Committed grave crimes to the benefit of the aggressor state and to the detriment of Ukraine
  • Committed crimes of minor to medium gravity, but did not appeal for pardon according to the procedure prescribed by the present law
  • The above persons are subject to prosecution on the general basis of the Criminal Code of Ukraine

Pardon can be extended only to crimes that have been declared in the appeal for pardon, and does not cover crimes that have not been declared, or that have been uncovered by law enforcement.

Pardon is applicable only once, and repeated appeals to court for pardon are not permitted.

Alternative Punishment

Alternative principal punishment is a punishment applied to a citizen of Ukraine, in accordance with the Criminal Code of Ukraine, as substitute for a principal punishment in the form of imprisonment, and that takes form of:

Temporary deprivation of the right to

  • Work in institutions of the central or local government, in consultative, advisory and other auxiliary institutions or services of the President of Ukraine and of government institutions, in electoral commissions for elections of the President, Parliament, local authorities, in electoral commissions for local and all-Ukrainian referenda, undertake military service, to work in law enforcement or the judiciary; work in managerial positions in state enterprises and organizations;
    Undertake pedagogical activities;
    Be elected President of Ukraine, Parliament of Ukraine, Parliament of the Autonomous Republic of Crimea, regional, local or city council member or chairman.

Suspension of the right to

Participate in the elections of the President of Ukraine, Member of Parliament of Ukraine, Member of Parliament of the Autonomous Republic of Crimea, regional, local or city councils or chairpersons, or in referendum.

Alternative punishment is applied for a term of five or ten years.

Procedure of Pardon

Article 12: Special subjects that are exempted from criminal liability for cooperation with the enemy

1. Citizens of Ukraine who, during the period of armed aggression of the Russian Federation against Ukraine and occupation of part of its territory, fulfilled their responsibilities with respect to and directly participated in responding to emergency situations and prevention of ecological and industrial disasters are freed from criminal liability for cooperation with the enemy, and specifically:
Employees of constituent entities of the State Service for Emergency Situation of Ukraine in the Autonomous Republic of Crimea and in Sevastopol, who transferred to the service of the unlawfully created by the Russian Federation General Directorate of the Ministry of RF for Citizen Defense, Emergency Situations and Liquidation of Consequences of Natural Disasters in the so called Republic of Crimea and the City of Sevastopol (full list attached).
2. Employees of constituent entities of the State Service for Emergency Situation of Ukraine in the Donetsk and Lugansk Regions, who transferred to the service of the unlawfully created by the Russian Federation Ministries for Emergency Situations in the temporarily occupied territories of Donetsk and Lugansk regions (full list attached).
3. Citizens of Ukraine who entered service, in a junior or a senior position, of the unlawfully created by the Russian Federation General Directorates of the Ministry of RF for Citizen Defense, Emergency Situations and Liquidation of Consequences of Natural Disasters in the so called Republic of Crimea and the City of Sevastopol, and of Ministries for Emergency Situations in the temporarily occupied territories of Donetsk and Lugansk regions.

Procedure of Pardon

Article 13: Acts not considered to be Crimes under the Law

1. According to the Law, acts by citizens of Ukraine in relation to acquisition of identification documents or documents establishing their rights, issued by the occupational administration of the Russian Federation or occupational authorities created by the aggressor state on the temporarily occupied territories of the Donetsk and Lugansk regions, payment of taxes and of other mandatory payments in occupied territories, and voting in unlawful elections and referenda are not considered to be crimes.

2. In accordance with the Article 51 of the Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of War and the Resolution of the Third Committee of the General Assembly of the UN of 14 November 2016, the occupying state does not have the right to forcibly draft citizens of Ukraine into military service. Such acts are considered to be in violation of international law, and citizens who were unlawfully drafted into military service are exempted from liability.

Procedure of Pardon

Article 14. On Punishment for Collaborationism

1. Activities of a citizen of Ukraine who, in cooperation with the enemy in an occupied part of the territory of Ukraine, held positions listed in Articles 10 and 11 of the present Law are considered to be conscious collaborationism, and the citizen is to be subject to prosecution in accordance with the present Law and the Criminal Procedural Code of Ukraine
2. Activities of a citizen of Ukraine who, in cooperation with the enemy in an occupied part of the territory of Ukraine, held positions of lesser importance than those listed in Articles 10 and 11 of the present Law and carried out work that is necessary for regular livelihood of a person residing in the occupied territory are considered to be forced collaborationism, and the citizen is not to be subject to prosecution in accordance with the present Law.
3. Persons who held positions which are not listed in Articles 10 and 11 of the present Law, but are comparable to them in status, are also subject to prosecution for conscious collaborationism in accordance with the present Law.

Application Documents for Procedure of Pardon

  • Declaration of a criminal offense is a voluntary, personal and direct written declaration to a local general court, or, in cases set out in the present Law, to the National Police of Ukraine, Security Service of Ukraine, detective or prosecutor, about own crime committed during the period of military aggression by the Russian Federation against Ukraine, on the territory of the Autonomous Republic of Crimea, Donetsk or Lugansk regions, in the interest of the aggressor state and to the detriment of Ukraine.
  • Appeal for pardon is a voluntary, personal and direct written appeal of a person to the State of Ukraine, submitted to a local general court, or, in certain cases set out in the present Law, to the National Police of Ukraine, Security Service of Ukraine, detective or prosecutor, in which that person confesses their guilt, asks the People and the State of Ukraine for forgiveness, and asks that the procedure of pardon and the alternative punishment be applied to them as set out in the present Law.

Procedure of Pardon

Article 15: Procedure for Submission of Declaration of Committed Criminal Offense and of an Appeal for Pardon

1. A citizen of Ukraine has the right to apply in writing to a local general court with a declaration of a committed criminal offense and an appeal for pardon for crimes of minor or medium gravity that they committed during the period of armed aggression of the Russian Federation against Ukraine and the occupation of part of its territory in the interest of the aggressor state and to the detriment of Ukraine’s interests.

2. A declaration of committed criminal offense and an appeal for pardon shall be filed by a citizen of Ukraine individually, voluntarily and in person. Appeal for pardon and declaration of committed criminal offense are to be filed together.

3. A citizen of Ukraine must submit the declaration of committed criminal offense and an appeal for pardon to the office of the local general court at the place of their permanent or temporary residence or, in certain cases, to another local general court that exercises its authority on a territory controlled by state authorities of Ukraine.

5. It is prohibited to refuse to accept the declaration of committed criminal offense and an appeal for pardon for any reason, with the exception of inability to establish the identity of the applicant or absence of either of the two aforementioned documents.

SAMPLE TEXT OF APPEAL

I, citizen of Ukraine (surname, name, middle name),

during the period of armed aggression of the Russian Federation against our country, committed criminal offense(s) in the interest of the aggressor state and to the detriment of Ukraine, circumstances of which are set out in my Declaration of Criminal Offense, provided by me together with the present Request for Pardon.

I admit my guilt, sincerely repent and ask the People and the State of Ukraine for forgiveness for the crime(s) I committed.

I ask that the procedure of pardon and the alternative principle punishment be applied to me, as set out in the Law of Ukraine “On Liability”

Procedure of Pardon

Article 7: Time Restrictions for the Procedure of Pardon

1. Date of a person’s appeal for pardon for crimes of minor or medium gravity, as set out in the present Law, must not be later than six months from the date of the official termination of the occupation of the territory in which the person resides.

2. A person who ceased cooperation with the enemy and left the occupied part of the territory of Ukraine on own initiative before the present Law came into force, has the right to appeal to a local general court at the place of residence with a declaration of committed criminal offenses and a request for pardon. The date of such appeal must not be later than six months from the date of the present Law coming into force.

3. A person who ceased cooperation with the enemy and, after coming into force of the present Law, is exiting from an occupied part of the territory, on own initiative and prior to the official end of its occupation, into a territory under control of the state authorities of Ukraine, must address themselves directly to the National Police of Ukraine or the Security Service of Ukraine and submit a declaration of committed criminal offenses and an appeal for pardon. Alternatively, they must address themselves, no later than 14 days from the time of crossing the line of demarcation, to a local general court at their location, with corresponding documents.

Procedure of Pardon

Article 20: Procedure for Submission of Declaration of Committed Criminal Offense and Appeal for Pardon during a Pre-Trial Investigation

1. If the National Police of Ukraine or the Security Service of Ukraine have entered into the Unified Register of Pre-Trial Investigations information about committed criminal offenses that are subject to the present Law, and the term for submission of declaration of committed criminal offense and appeal for pardon has not yet passed, the person in relation to whom the pre-trial investigation is being conducted and who has been summoned by law enforcement authorities has the right, up to the time they have been informed of suspicion, to voluntarily apply, through the detective or prosecutor, to the local court of the investigating authority with a declaration of the committed criminal offence and an appeal for pardon.

3. If a person is under a pre-trial investigation as a suspect in a crime of severe or particularly severe gravity, and that person has also committed crimes that fall under the jurisdiction of the present Law, that person has the right to submit to a court a request for pardon for the latter crimes. Submission of such request for pardon does not halt the investigation of the suspected crime of severe or particularly severe gravity.

Procedure of Pardon

Article 22: Procedure for Review of Application by Court (Particulars of Review)

1. After receiving the declaration of committed criminal offence and an appeal for pardon and, in some cases, also materials related to verification and pre-trial investigation, the court has five days to study the materials and to appoint a date of hearing, of which the prosecutor, the person submitting the application and their defendants are to be informed.

2. The court shall consider only those facts related to the committed criminal offenses that have been disclosed by the applicant in the declaration or during the court hearing on that declaration.

3. The court hearing shall be conducted in accordance with the Procedural Code of Ukraine.

The Law provides for application of the procedure of pardon to a person for acts that have been disclosed in their declaration of committed criminal offenses, and does not exempt from liability for committed crimes that have not been disclosed in the declaration or in the course of court hearings, and which have come to the attention of law enforcement authorities.

Procedure of Pardon

Article 22: Procedure for Review of Application by Court (Particulars of Review)

4. Based on results of the hearing, the court shall adopt one of the following decisions:

1) In cases where information provided in the declaration or during the court hearing on that declaration of committed criminal offense meets the criteria for pardon set out in the present Law, the court shall, in accordance with the procedure set out in the Criminal Procedural Code of Ukraine, pass a judgment in which it recognizes, on behalf of the state of Ukraine, the person to be guilty of committing the criminal act and sets, instead of the punishment in form of incarceration, the alternative principal punishment for a certain term depending on gravity of the crime.

2) In cases where the facts disclosed in the declaration do not contain attributes of a crime under the Criminal Procedural Code of Ukraine, the court shall decline to satisfy the application and shall close the proceedings;

3) In cases where crimes disclosed in the declaration were committed by a person who satisfies the criteria set out in Article 12 of the present Law, the court issues a determination whereby the person is exempted from criminal liability;

4) In cases where during the court hearing it is determined that acts of the person with respect to whom the procedure for pardon has been commenced contain attributes of crimes of severe or particularly severe gravity, the court shall decline to satisfy the application and shall forward the materials to the prosecutor’s office for entry of the corresponding information into the Unified Register of Pre-Trial Investigations and for further investigation in accordance with the Criminal Procedural Code of Ukraine.

Procedure of Pardon

Article 23: Terms of Deprivation and Suspension of Rights by Court Judgement

1. A court, in passing judgement and determining the alternative principal punishment in the form of temporary deprivation and suspension for a period of time of certain rights, must adhere to the following:

1) For crimes of minor gravity, listed under Article 11 of the present Law, which are punishable under the Criminal Procedural Code of Ukraine by a principal punishment of up to two years of imprisonment, the alternative punishment is imposed for a term of five years.

2) For crimes of medium gravity, listed under Article 10 of the present Law, which are punishable under the Criminal Procedural Code of Ukraine by a principal punishment of up to five years of imprisonment, the alternative punishment is imposed for a term of ten years.

2. If a person has committed crimes of minor or medium gravity, the court shall, in its verdict on the totality of the crimes, determine a final alternative principal punishment in the form of a temporary deprivation and suspension of appropriate rights by way of absorption of less stringent punishment by the more stringent one.

 

The formula for an effective post-conflict settlement can not be imposed from the outside or dictated by officials and politicians.

 

It can only be found in the process of an open debate, as a result of which the Ukrainian society will determine who to punish, and whom to forgive.

 




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