Law of Ukraine

"On Prevention of Persecution and Punishment of Persons in Relation to Events That Took Place During Peaceful Rallies, and on Declaring Certain Laws of Ukraine Null and Void"

Date of entry into force:
February 28, 2014

Article 1 of the Law envisages granting relief from criminal liability to persons who participated in mass civil protests that started on November 21, 2013, according to the procedure and on the terms determined by the Law, if such persons are:
  • suspected or accused of (standing trial for) committing acts containing elements of crime under Articles 109, 112, 113, 121, 122, 125, 128, 129, 146, 147, 151-1, 161, 162, 170, 174, 182, 185, 186, 187, 189, 194, 195, 196, 197-1, 231, 236, 239, 241, 255, 256, 257, 258, 258-1, 258-2, 258-3, 258-4, 258-5, 259, 260, 261, 264, 267, 270, 270-1, 277, 279, 280, 286, 289, 291, 293, 294, 295, 296, 304, 325, 335, 336, 337, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 355, 356, 376, 377, 382, 386, 396, and 436 of the Criminal Code of Ukraine in the period between November 21, 2013 and the date of entry of the Law into force, inclusively, provided that such actions were related to participation in mass civil protests that started on November 21, 2013;
  • persons who committed acts that may contain elements of criminal offences under the above Articles of the Criminal Code of Ukraine, provided that the acts of such persons were related to participation in mass civil protests.

Relevant criminal proceedings are to be closed.

According to Article 2 of the Law, persons convicted for crimes described in Article 1 of the Law are relieved from punishment in form of deprivation of freedom and from other punishments not related to deprivation of freedom, according to the procedure and on the terms determined by the Law.

Persons who participated in mass protests that started on November 21, 2013 are relieved from administrative liability for any administrative offences under the Code of Ukraine on Administrative Offences that they committed between November 21, 2013 and the day the Law takes effect, provided that such offences were related to the mass civil protests, according to the procedure determined by the Code (Article 4 of the Law).

According to Article 6 of the Law, it is exercised as follows:
  • pertaining to suspects in criminal proceedings processed by prejudicial inquiry bodies by the court of the territorial jurisdiction in which prejudicial inquiry is held, by petition of the suspect, their defender, legal representative, or the prosecutor carrying out procedural administration of appropriate prejudicial inquiry; the relevant inquiries are filed without conducting the full scope of prejudicial inquiry;
  • pertaining to accused persons (persons on trial), in criminal proceedings that are processed by the court and have not been tried before this Law takes effect; and pertaining to persons who are accused (standing trial) in criminal proceedings that have been tried, but where the verdict has not taken effect by the courts processing relevant proceedings, by petition of the accused (person on trial), their defender, legal representative, or the prosecutor prosecuting on behalf of the state;
  • pertaining to convicted persons by the courts that adopted relevant verdicts, by petition of the accused, their defender, legal representative, or the prosecutor who prosecuted on behalf of the state;
  • in criminal proceedings described in Article 3 of the Law by the prosecutor carrying out procedural administration of relevant prejudicial inquiry, without conducting the full scope of prejudicial inquiry.

Article 9 of the Law prohibits collecting, recording, accumulating, storing, adapting, amending, renewing, using or propagating (distributing, selling, transferring) the personal information of people who participated in mass civil protests that started on November 21, 2013, which was acquired in connection with participation of such persons in the aforementioned protests. Such personal data shall be destroyed according to the procedure established by the legislation.

The final and transitional provisions of the Law declare the following null and void:
  • Law of Ukraine "On Mitigation of Negative Consequences and Prevention of Persecution and Punishment of Persons in Relation to Events that Took Place During Peaceful Rallies" N 712-VII of December 19, 2013;
  • Law of Ukraine "On Amendment of the Law of Ukraine "On Mitigation of Negative Consequences and Prevention of Persecution and Punishment of Persons in Relation to Events that Took Place During Peaceful Rallies" N 731-VII of January 16, 2014;
  • Law of Ukraine "On Mitigation of Negative Consequences and Prevention of Persecution and Punishment of Persons in Relation to Events that Took Place During Peaceful Rallies" N 737-VII of January 29, 2014.
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