Article 88. Legal consequences of conviction
1. A person shall be held to have a conviction
from the date on which the judgment of guilty
enters into force and until the conviction
is canceled or revoked.
2. Conviction shall have legal implications
in case of commission of a new criminal offense,
and also other cases provided for by Ukrainian
laws.
3. Persons convicted without imposition of
any sentence, or discharged from punishment,
or those who have served their sentence for
any criminal offense the criminality and punishability
of which was subsequently repealed by law,
shall be held to have no conviction.
4. Rehabilitated persons shall be held to
have no conviction.
Article 89. Cancellation of conviction
The following person shall be held to have
no conviction:
(1) persons sentenced under Article 75 of
this Code, if they commit no further offenses
during the probation period, and the probation
is not revoked during the prescribed period
for any other reasons provided for by law.
If the term of any additional punishment exceeds
the term of probation, a person shall be held
to have no conviction after completing to
serve such additional punishment;
(2) women sentenced under Article 79 of this
Code, if they commit no further offenses during
the probation period, and are not ordered
to continue to serve their sentences imposed
by a court after the probation period. Where
a convicted female was not discharged from
an additional punishment and its term exceeds
the term of the primary punishment, she shall
be held to have no conviction after completing
to serve such additional punishment;
(3) persons sentenced to the deprivation of
the right to occupy certain positions and
engage in certain activities, after completing
to serve this punishment;
(4) persons who have completed to serve their
sentence of service restrictions for military
servants, or custody in a penal battalion,
or those who were paroled in respect of such
offenses, and also military servants who have
served their punishment at a guardhouse instead
of arrest;
(5) persons sentenced to a fine, or community
service, or correctional labor, or arrest,
they commit no further offenses within one
year from the date on which they completed
to serve their sentence (primary or additional);
(6) persons sentenced to restraint of liberty,
or sentenced to imprisonment for a minor offense,
if they commit no further offenses within
two years from the date on which they completed
to serve their sentence (primary or additional);
(7) persons sentenced to imprisonment for
a medium grave offense, if they commit no
further offenses within three years from the
date on which they completed to serve their
sentence (primary or additional);
(8) persons sentenced to imprisonment for
a grave offense, if they commit no further
offenses within six years from the date on
which they completed to serve their sentence
(primary or additional);
(9) persons sentenced to imprisonment for
a special grave offense, if they commit no
further offenses within eight years from the
date on which they completed to serve their
sentence (primary or additional);
Article 90. Calculation of periods for the
cancellation of conviction
1. The periods of the cancellation of conviction
shall be calculated from the date of completion
of a primary or additional sentence.
2. The cancellation period shall include the
time during which the sentence was not enforced,
provided that the limitation period was not
interrupted. If a sentence was not enforced,
the conviction shall be canceled upon expiration
of limitation periods for enforcement of a
sentence.
3. If a person is paroled, the cancellation
period shall be calculated from the date of
discharge (from serving any primary or additional
sentence) on parole.
4. If any unserved portion of a sentence is
commuted, the cancellation period shall be
calculated from the date of completion of
the commuted sentence (primary or additional).
5. If a person who completed his/her sentence,
commits another offense before the expiration
of the period for cancellation of conviction,
this period shall be suspended and recalculated.
In any such cases, the cancellation periods
shall be calculated separately for each criminal
offense, after the actual completion of the
sentence (primary and additional) imposed
for the last committed offense.
Article 91. Revocation of conviction
1. If a person, who completed his/her sentence
of restraint of liberty or imprisonment, displays
good conduct and diligent work as a proof
of his/her rehabilitation, a court may revoke
his/her conviction before the expiration of
periods described in Article 89 of this Code.
2. Conviction may only be revoked after the
expiration of at least one-half of the cancellation
period provided for by Article 89 of this
Code.
3. The procedures related to revocation of
conviction shall be established in the Criminal
Procedure Code of Ukraine.
