1. The following persons, who were sentenced
under the 1960 Criminal Code of Ukraine for
actions that entail no liability under this
Code, shall be discharged from punishment
(primary and additional) pursuant to paragraph
2 of Article 74 of this Code:
(a) persons sentenced under paragraph 3 of
Article 5 of the 1960 Criminal Code of Ukraine;
(b) persons sentenced for preparation of a
criminal offense under paragraph 1 of Article
17 and relevant articles of the Special Part
of the 1960 Criminal Code of Ukraine, if these
criminal offenses are minor;
(c) persons sentenced under Articles 1081,
110, 1341, 125, 126, 1472, 1473, 149, 154,
1552, 1553, 1555, 1556, 159, 169, 1763, 1832,
1834, 187, 1877, 1878, 189, 1891, 1931, 199,
202, 206 (paragraph 1), 2081, 2082, 2298,
237 of the 1960 Criminal Code of Ukraine;
(d) persons sentenced under paragraph 1 of
Article 133, Articles 147 (paragraph 1), 1483,
161 (paragraph 1), 1874, 1878, 192 (paragraph
3), 1961 (paragraph 1), 199 (paragraphs 1
and 2), 2071, 2272 (paragraph 1) applied pursuant
to the 1960 Criminal Code of Ukraine on condition
that prior administrative penalties were imposed
on these persons;
(e) persons sentenced for criminal offenses
committed between 14 and 16 years of age and
created by Articles 781, 97, 98, 106 (paragraph
1) of the 1960 Criminal Code of Ukraine;
(f) persons sentenced under Article 186 of
the 1960 Criminal Code of Ukraine (other than
those sentenced for unpromised in advance
covering up of a grave or special grave criminal
offense), and also persons defined in paragraph
2 of Article 396 of this Code, sentenced for
the unpromised in advanced covering up under
Article 186 of the 1960 Criminal Code of Ukraine;
(g) persons sentenced under Decree by the
Presidium of the Verkhovna Rada of Ukrainian
SSR of December 26, 1990 "On Liability
for Violation of the Procedures on the Use
of Consumer Cards for Purchase of Goods and
Other Official Documents" and Decree
by the Presidium of the Verkhovna Rada of
Ukraine of January 21, 1992 "On Liability
for the Counterfeit of Nonexpendable Coupons
for Sale Purposes and Sale of Such Coupons".
2. The following shall be discharged from
punishment:
(a) persons sentenced for the first time to
imprisonment for minor criminal offenses committed
under 18 years of age pursuant to paragraph
2 of Article 12 and paragraph 2 of Article
102 of this Code;
(b) military servants sentenced to custody
in a penal battalion for a term up to six
months;
(c) persons sentenced under paragraph 1 of
Article 29 of the 1960 Criminal Code of Ukraine,
who serve their sentence in any places other
than the place of employment but at the area
of their residence, and also persons sentenced
to correctional labor without imprisonment
for a term up to six months.
3. All criminal cases instituted against
persons, who committed any criminal offenses
created by the 1960 Criminal Code of Ukraine
and listed in paragraph 1 of this Chapter,
shall be dismissed.
4. Persons serving their cumulative sentences,
where they are discharged from punishment
for certain criminal offenses under paragraph
1 of this Chapter, shall continue to serve
sentences imposed by a court for any other
cumulated criminal offenses, if they have
not completed to serve them. The imposed punishment
may also be decreased in cases provided for
by paragraph 5 of this Chapter.
5. The penalties imposed under the 1960
Criminal Code of Ukraine, if they exceed the
penalties of appropriate Articles of this
Code above the maximum punishment thresholds
prescribed by this Code, shall be reduced
pursuant to paragraph 3 of Article 74 of this
Code. The punishment of the deprivation of
the right to occupy certain positions or engage
in certain activities, where imposed as additional,
shall be reduced pursuant to paragraph 1 of
Article 55 of this Code to three years. The
term of corrective labor imposed on minors
shall be reduced pursuant to paragraphs two
and three of Article 100 of this Code to one
year, while the amount deducted from their
salaries shall be reduced to 10 percent.
6. Persons serving their sentences of imprisonment
imposed by a court for a term up to five years
in colonies shall be regarded as such that
serve the sentence of imprisonment provided
for Article 61 of this Code.
7. Person deprived of parental rights pursuant
to Article 38 of the 1960 Criminal Code of
Ukraine may be reinstated in their rights
only under the procedures defined by the Marriage
and Family Code of Ukraine. Persons sentenced
to a punishment of public reprimand (Article
33 of the 1960 Criminal Code of Ukraine) shall
be regarded as such that have no conviction,
if their conviction had not been canceled
prior to the entry of this Code into force.
8. The judgments shall not be enforced in
those parts that impose forfeiture of property
or fine, where the forfeited property had
not been seized and sold, and the fine had
not been exacted prior to the entry of this
Code into force, if this Code does not provide
for the forfeiture of property or fine for
the same criminal offense.
9. As of the day of the entry of this Code
into force, any persons regarded as especially
dangerous recidivists under the 1960 Criminal
Code of Ukraine shall no more be regarded
as such. If these persons continue to serve
their sentences, the judgments delivered in
their regard shall be modified in the part
where they are recognized as especially dangerous
recidivists. Where necessary, the legal treatment
of the committed criminal offenses shall be
changed, and also the punishment shall be
reduced pursuant to paragraph 3 of Article
74 of this Code. If the persons mentioned
in the first sentence of this paragraph have
completed their sentences but have unrevoked
conviction, the conviction of these persons
shall be canceled under rules provided for
by Articles 89 and 90 of this Code.
10. All cases on criminal offenses of persons,
who committed embezzlement of state or collective
property in respect of large or especially
large amounts as prescribed by paragraph 4
of Article 81, paragraph 4 of Article 82,
paragraph 4 of Article 84, paragraph 2 of
Article 86, and Article 861 of the 1960 Criminal
Code of Ukraine, shall be reviewed to decide
on the replacement of legal treatment of actions
of these persons by appropriate paragraphs
and Articles of this Code (Articles 185, 186,
187, 190 and 191).
Penalties imposed on persons convicted for
embezzlement in respect of large or especially
large amounts under Articles 81, 82, 83, 84,
86 and 861 of the 1960 Criminal Code of Ukraine
and have not served their sentences, shall
be adjusted to punishments prescribed by sanctions
of Articles 185, 186, 187, 190 and 191 of
this Code, if the punishment imposed by a
court for a particular criminal offense is
heavier than the one prescribed by this Code.
11. Rules established by the 1960 Criminal
Code of Ukraine with regard to the limitation
periods, parole, mitigation, cancellation
and revocation of conviction shall apply to
persons, who had committed criminal offenses
prior to the entry of this Code into force,
except where this Code lenifies the criminal
liability of such persons.
12. Where the imposed punishment is more
lenient than the one provided for by the law
for the criminal offense committed prior to
the entry of this Code, the court shall be
guided by requirements of Article 44 of the
1960 Criminal Code of Ukraine.
13. Where the punishment is imposed for
cumulative offenses, committed prior to the
entry of this Code into force, Article 42
of the 1960 Criminal Code of Ukraine shall
apply.
If at least one of the cumulated criminal
offenses was committed after the entry of
this Code into force, Article 70 or paragraph
2 of Article 103 of this Code shall apply.
If a person who serves a sentence commits
any new criminal offense after the entry of
this Code into force, Article 71 or paragraph
2 of Article 103 of this Code shall apply
for the purposes of imposition of cumulative
punishment.
14. When deciding on releasing on probation
any person who committed any criminal offense
after the entry of this Code into force, the
court shall apply Articles 75 to 77 of this
Code.
The probation period shall be reduced to two
years for conditionally sentenced minors pursuant
to paragraph 3 of Article 104 of this Code,
if the probation period determined by the
court was above this time limit.
15. Article 78 of this Code shall apply
to persons sentenced to imprisonment with
suspended enforcement under Article 46 of
the 1960 Criminal Code of Ukraine.
16. If persons, who have committed criminal
offences prior to the entry of this Code into
force are discharged from criminal liability
and punishment due to the change of circumstances
or due to the fact that the act or the person
that committed it lose their social dangerousness,
paragraph 1 or 2 of Article 50 of the 1960
Criminal Code of Ukraine shall be applied.
17. Criminal offense committed by a person
prior to the entry of this code into force,
and also any conviction of a person, which
has not been cancelled or revoked pursuant
to the procedure prescribed by law, shall
be taken into account for the purpose of the
legal treatment of any new criminal offense
committed by that person, and also in other
cases as prescribed by this Code.
18. In deciding on the classification of
criminal offenses created by the 1960 Criminal
Code of Ukraine, which have been committed
prior to the entry of this Code into force,
to minor, medium gravity, grave and special
grave criminal offenses, Article 12 of this
Code shall be applied, if this mitigates the
criminal liability of persons who have committed
criminal offenses prior to the entry of this
Code into force. In other cases, relevant
provisions of the 1960 Criminal Code of Ukraine
should be applied.
19. The review of cases of persons who have
been sentenced under the 1960 Criminal Code
of Ukraine, and also the dismissal of cases
of persons who have committed criminal offenses
prior to the entry of this Code into force
and whose cases are pending in courts, pretrial
investigation or inquiry authorities, shall
be handled by a court.
20. Authorities responsible for enforcement
of sentences passed by courts must provide
appropriate materials on persons, who serve
their sentences, to courts.
21. Matters referred to in paragraphs 3,
4, 6, 7, 9, 10, 15 of this Chapter shall be
reviewed by courts upon motion of the administration
of the penitentiary institution or prosecutor
in open court together with the prosecutor
- and representative of the administration
of the penitentiary institution if the case
is reviewed upon their motion.
Ruling of the court on these matters may not
be appealed but may be contested under the
procedure of judicial supervision on general
grounds.
