Section V

EXECUTION OF COURT’S JUDGMENT, RULING, AND DECISION

Chapter 33

EXECUTION OF COURT’S JUDGMENT, RULING, AND DECISION

Article 407. Granting parole and replacing unserved portion of sentence with more lenient sentence

Parole and replacement of unserved portion of sentence with more lenient sentence under Articles 81 and 82 of the Criminal Code of Ukraine may be granted by judge of district (city) court in the place of service of the sentence upon joint submission of agency responsible for execution of sentences and supervisory board or Service in charge of Juveniles.

(Paragraph 2 of Article 407 is omitted by Law No 2453-VI ( 2453-17 ) of 07.07.2010 – changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work – from 01.11.2010)

The said submissions should be considered by court within 10 days after the receipt of such submissions without requesting records of the case and with participation of the prosecutor, representative of the agency in charge of execution of sentences, and, as a rule, of the convicted person.

When it comes to joint submission of the agency responsible for execution of sentences and the supervisory board of the Service in charge of Juveniles, the court notifies them of the time when, and place where, such submission will be considered.

Whenever the court denies parole or replacement of unserved portion of sentence with more lenient sentence, a new submission as to persons sentenced for grave and especially grave crimes for imprisonment of up to five years may be considered in one year after the decision on denial has been made, and, as far as persons sentenced for other crimes and juveniles are concerned, - not earlier than in six months.

Prosecutor, prisoner may challenge the decision taken on issues referred to in the present Article before court of appeals within seven days after such decision has been pronounced. Filing an appeal by prosecutor precludes execution of the said decision.