Article 74. Discharge from punishment and
from serving it
1. Discharge of a convicted person from punishment
or from further serving of punishment, substitution
of an imposed punishment by a milder punishment
or mitigation of punishment, except for discharge
from punishment or mitigation of punishment
on the grounds of the Law of Ukraine on Amnesty
or an act of pardon, may only be exercised
by court in cases prescribed by this Code.
2. A person convicted of acts made no longer
punishable by law shall be immediately discharged
from punishment imposed by a court.
3. A punishment imposed on a convicted person,
which is heavier than the sanction of a new
law, shall be lowered to the maximum threshold
of punishment prescribed by such sanction.
4. A person who committed a minor criminal
offense or medium grave offense may be discharged
from punishment upon a judgment of court,
if the court is satisfied that, due to good
conduct and diligent work demonstrated by
this person at the time of proceedings, he/she
shall not be treated as socially dangerous.
5. A person may also be discharged from punishment
by a judgment of court on the grounds provided
for in Article 49 of this Code.
Article 75. Discharge on probation
1. Where, in imposing a punishment of correctional
labor, service restriction for military servants,
restraint of liberty, or imprisonment for
a term not exceeding five years, a court,
having regard to the gravity of an offense,
the character of the culprit and other circumstances
of the crime, finds that the convicted may
be reformed without serving the punishment,
it may order a discharge on probation.
2. In this case, the court shall order to
discharge the convicted person from serving
the sentenced imposed on the condition that,
during the probation period, this person commits
no further criminal offenses and complies
with the obligations imposed on him or her.
3. A probation period shall be from one to
three years.
Article 76. Obligations imposed on a person
discharged on probation
1. In case of discharge on probation, a court
may impose the following obligations on the
convicted person:
(1) apologize to a victim publicly or in any
other way;
(2) not leave outside Ukraine for permanent
residence without a permission of criminal
enforcement authorities;
(3) notify criminal enforcement authorities
of any change in the place of residence, employment
or studies;
(4) regularly register with criminal enforcement
authorities;
(5) undergo medical treatment for alcoholism,
drug addiction, or any disease which poses
threat to health of other persons.
2. The conduct of such convicted person shall
be monitored by penal enforcement authorities
at the place of his/her residence, and the
conduct of military servants shall be monitored
by commanders of military units.
Article 77. Imposition of additional punishments
in case of discharge from primary punishment
on probation
In case of discharge on probation, additional
punishments may be imposed, such as fine,
deprivation of the right to occupy certain
positions or engage in certain activities,
and revocation of a military or special title,
rank, grade or qualification class.
Article 78. Legal consequences of discharge
on probation
1. Upon the expiry of a probation period,
a convicted person, who complied with obligations
imposed on him or her by a court and committed
no further criminal offenses shall be discharged
from the punishment imposed on him or her
by a court.
2. If a convicted person fails to comply with
obligations imposed on him or her, or regularly
commits offenses that entail administrative
penalties and demonstrate his/her unwillingness
to reform, a court shall send the convicted
person to serve the imposed sentence.
3. If a convicted person commits another crime
while on probation, a court shall impose a
punishment on him or her pursuant to Articles
71 and 72 of this Code.
Article 79. Discharge on probation for pregnant
women and women having children under seven
years of age
1. Where a restraint of liberty or imprisonment
is imposed upon pregnant women or a women
having children under seven years of age,
except for the persons sentenced to imprisonment
for a term over five years for grave or special
grave offenses, a court may discharge such
persons from both primary and additional punishments
on probation for a period of leave granted
by law to women in view of pregnancy, childbirth
and until the child attains seven years of
age.
2. Where pregnant women or women having children
under 7 years of age are discharged on probation,
a court may impose upon a convicted woman
any such obligation as provided for by Article
76 of this Code.
3. The conduct of the convicted persons shall
be monitored by criminal enforcement authorities.
4. Upon the expiry of a probation period,
depending on the conduct of the convicted
woman, a court shall discharge her from punishment
or send her to serve the imposed sentence.
5. Where a convict discharged on probation
relinquishes her child, resigns the child
to a children's home, neglects her duty to
take care of the child, fails not comply with
the obligations imposed upon her by a court
or regularly commits offenses that entail
administrative penalties and demonstrate her
unwillingness to reform, a court, on a motion
of the monitoring authority, shall refer such
convicted woman to serve her sentence imposed
by a court.
6. Where a convicted woman commits another
offense while on probation, a court shall
impose a punishment on her pursuant to Articles
71 and 72 of this Code.
Article 80. Discharge from serving a sentence
due to expiry of limitation periods for enforcement
of judgment
1. A person shall be discharged from serving
his/her sentence, if it was not enforced within
the following periods of time elapsing from
the date on which the judgment came into force:
(1) two years for a sentence lesser than the
restraint of liberty;
(2) three years for a sentence of restraint
of liberty or imprisonment imposed for a minor
offense;
(3) five years for a sentence of imprisonment
imposed for a medium grave offense and also
a sentence of imprisonment for a term up to
five years imposed for a grave offense;
(4) ten years for a sentence of imprisonment
for a term over five years imposed for a grave
offense, and also a sentence of imprisonment
for a term up to ten years imposed for a special
grave offense;
(5) fifteen years for a sentence of imprisonment
for a term over ten years imposed for a special
grave offense.
2. Periods of limitations for additional punishments
shall depend on the primary punishment imposed
in a judgment of court.
3. Limitation periods shall be suspended if
a convicted person avoids serving his/her
sentence. In such cases, limitation periods
shall resume on the date the convicted person
appeared to continue to serve his/her sentence
or on the day of his/her apprehension. In
this case, the limitation periods provided
for in subparagraphs (1) to (3) of paragraph
1 of this Article shall be doubled.
4. Limitation periods shall be suspended,
if, prior to the expiry of periods provided
for in paragraphs 1 to 3 of this Article,
a convicted person commits another medium
grave offense, grave offense or special grave
offense. In this case, the limitation period
shall begin on the date of the new criminal
offense controls for the commencement of a
limitation period.
5. A court shall decide any issues related
to the application of limitation periods to
a person sentenced to life imprisonment. If
the court finds it impossible to apply limitation
period, the life imprisonment shall be substituted
by imprisonment.
6. No limitation periods shall apply where
a person was convicted for criminal offenses
against peace and security of mankind as provided
for by Articles 437 to 439 and 442 of this
Code.
Article 81. Parole
1. Parole may be applied to persons who serve
their sentences of correctional labor, or
service restrictions for military servants,
or restraint of liberty, or custody of military
servants in a penal battalion, or imprisonment.
A person may also be fully or partially paroled
from serving his/her additional punishment.
2. Parole may be applied, if a sentenced person
displays decent behavior and diligence in
work as a proof of his/her reformation.
3. Parole may be applied after a sentenced
person has actually served:
(1) not less than one-half of the term imposed
by a court for a minor or medium grave offense,
and also for a reckless grave offense;
(2) not less than two-thirds of the term imposed
by a court for an intended grave offense or
reckless special grave offense, and also where
that person had previously served a sentence
of imprisonment imposed for an intended offense
but committed another intended offense before
the conviction was canceled or revoked and
had been sentenced for that offense to imprisonment;
(3) not less than three quarters of the term
imposed by a court for an intended special
grave offense, or of the term imposed on a
person who had been previously paroled but
committed another intended offense during
the remaining part of the sentence;
4. Where a paroled person commits another
offense during the remaining part of the sentence,
a court shall impose a punishment under the
rules provided for by Articles 71 and 72 of
this Code.
Article 82. Commutation of the remaining
part of a sentence
1. A court may commute the remaining part
of a sentence of restraint of liberty or imprisonment.
In this case, a more lenient punishment shall
be imposed within the terms provided for by
the General Part of this Code with regard
to a given type of punishment and may not
exceed the remaining part of the original
sentence.
2. Where the remaining part of a primary sentence
is commuted, the sentenced person may also
be discharged from the additional punishment
of deprivation of the right to occupy certain
positions or engage in certain activities.
3. Commutation of the remaining part of a
sentence may be applied if the sentenced person
displays signs of rehabilitation.
4. The remaining part of a sentence may be
commuted after a sentenced person has actually
served:
(1) not less than one-third of the term imposed
by a court for a minor or medium grave offense,
and also for a reckless grave offense;
(2) not less than one-half of the term imposed
by a court for an intended grave offense or
reckless special grave offense, and also where
that person had previously served a sentence
of imprisonment imposed for an intended offense
but committed another intended offense before
the criminal record was canceled or revoked
and had been sentenced for that offense to
imprisonment;
(3) not less than two-thirds of the term imposed
by a court for an intended special grave offense,
or of the term imposed on a person who had
been previously paroled but committed another
intended offense before the expiry of the
remaining part of his/her sentence;
5. Persons, whose sentence was commuted, may
be paroled under rules provided for by Article
81 of this Code.
6. If a person commits another offense while
serving a commuted sentence, a court shall
add the remaining part of the commuted sentence
to the punishment imposed for any new offense
according to the rules provided by Articles
71 and 72 of this Code.
Article 83. Discharge from punishment for
pregnant women and women with children under
three years of age
1. Women sentenced to the restraint of liberty
or imprisonment, who become pregnant or give
birth to a child while serving their sentences,
except women sentenced to imprisonment for
a term over five years for intended grave
or special grave offenses, may be discharged,
by a court, from serving their sentences for
a period of time within which a women may
enjoy her maternity leave, in accordance with
the law, in connection with her pregnancy,
child birth and until the child attains three
years of age.
2. Discharge from serving a sentence shall
apply to any sentenced female who has a family
or relatives, who agree to live with her,
or any sentenced female who is able to independently
provide proper conditions for raising of her
child.
3. The conduct of such women shall be monitored
by a local criminal enforcement authority.
4. When the child attains three years of age
or if the child dies, a court may discharge
the sentenced female from serving her sentence,
or commute her sentence, or order that she
should continue to serve her original sentence,
depending on her conduct. In case of ordering
the continued service of sentence, the court
may fully or partially include the period,
during which the sentence female was released
from serving her sentence, in the term of
her sentence.
5. Where a sentenced female, who was discharged
from serving her sentence, abandons her child,
or places it in an orphanage, or disappears
from the place of residence, or refuses to
raise or take care for her child, or regularly
commits wrongdoings that involve administrative
penalties and demonstrate her unwillingness
to reform, a court may, upon a motion of the
control authority, order that the sentenced
female should continue to serve her original
sentence.
6. Where a sentenced female commits another
criminal offence while being discharged from
serving her sentence, a court shall impose
a punishment on her pursuant to the rules
provided for by Articles 71 and 72 of this
Code.
Article 84. Discharge on medical grounds
1. A person shall be discharged from punishment,
if he/she develops a mental disease while
serving his/her sentence, which renders him/her
incapable of realizing his/her actions (or
omissions) or controlling them. Such person
may be subject to compulsory medical measures
pursuant to Articles 92 to 95 of this Code.
2. A person, who develops a serious illness
after commission of a criminal offense or
imposition of a sentence, which precludes
him/her from serving his/her sentence, may
be discharged from punishment or further service.
During consideration of any such matter, a
court shall take into account the gravity
of the offense committed, the nature of the
disease, the character of the offender, and
other circumstances of the case.
3. Military servants sentenced to service
restrictions, arrest or custody in a penal
battalion, who are found unfit to continue
military service due to health problems, shall
be released from punishment.
4. Where persons, refereed to in paragraphs
1 and 2 of this Article, recover, they shall
be ordered to continue to serve their sentences,
provided the limitation periods, prescribed
by Articles 49 or 80 of this Code, have not
expired, or where no other grounds for discharge
are available. For these purposes, the period
of time, within which any compulsory treatment
measures were applied, shall be included in
the term of sentence pursuant to the rules
provided for by paragraph 5 of Article 72
of this Code, where each day of compulsory
treatment counts as one day of imprisonment.
Article 85. Discharge from punishment on
the basis of the Law of Ukraine on amnesty
or an act of pardon
A sentenced person may be fully or partially
discharged from his/her primary or additional
punishment or may have his/her sentence or
the remaining part of it commuted on the basis
of the Law of Ukraine on amnesty or an act
of pardon.
Article 86. Amnesty
1. Amnesty shall be announced in a Law of
Ukraine in regard of a certain category of
persons.
2. The Law on amnesty may fully or partially
discharge offenders from criminal liability
or punishment.
3. The Law on amnesty may commute a sentence
or the remaining part of a sentence.
Article 87. Pardon
1. Pardon is granted by the President of Ukraine
in regard of a particular individual.
2. An act of pardon may substitute a life
sentence imposed by a court by imprisonment
for a term not less than twenty five years.
