The Law of Ukraine “On Amendments to the Criminal Code of Ukraine regarding the improvement of the procedure for a court to transfer a term of preliminary imprisonment to a term of punishment” ( Ukrainian. as Savchenko's Law ; number - No. 838-VIII) - the law of Ukraine, which amended the Criminal Code of Ukraine , according to which one day of preliminary detention is counted for two days nya imprisonment in the calculation of the court punishment. The adoption of the law was initiated by the people's deputy of Ukraine of the eighth convocation of Nadezhda Savchenko during her stay in prison on the territory of the Russian Federation [1] . Caused a wide public response in Ukraine.
| On introducing amendments to the Criminal Code of Ukraine regarding the improvement of the procedure for the transfer by the court of the term of preliminary imprisonment to the term of punishment | |
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| ukr About making a payment to the Criminal Code of Ukraine, by order of the court, the court will check the line before the lines of the lines | |
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| View | The Law of Ukraine |
| room | 838-VIII |
| Adoption | Verkhovna Rada of Ukraine on November 26, 2015 |
| Signing | President of Ukraine P. A. Poroshenko December 22, 2015 |
| Entry into force | December 24, 2015 |
| First publication | December 23, 2015 in the newspaper " Voice of Ukraine " - [1] |
| Loss of power | June 21, 2017 |
Content
The history of law adoption
On November 5, 2015, the people's deputies of Ukraine Nadezhda Savchenko (who at the time was in remand prison in the Russian Federation), Andrei Kozhemyakin , Ivan Krulko , Nikolai Palamarchuk , Leonid Emets and Oleg Osukhovsky registered in the Verkhovna Rada of Ukraine Bill No. 3413 On Amending The Criminal Code of Ukraine (regarding the improvement of the procedure for the transfer by the court of the term of pre-trial detention to a term of punishment) [1] .
Nadezhda Savchenko in her letter stated that, in her opinion, this bill was to be the beginning of judicial reform.
In initiating this law in Ukraine, I understood perfectly: on the one hand, this is how to open a “Pandora’s box” . The criminal world is unlikely to want to live honestly tomorrow, and hardly every fraudster wants to work hard tomorrow for a small salary. But I feel this shortage of the sovok system of punishment and mockery of a person, and not the “correctional system,” as it is called. I realized that she was planting more innocent than the guilty. | |
| Letter from Nadezhda Savchenko [2] |
Ініціюючи цей Law in Ukraine, I wonderfully rosum: from one side, - yak vkdkriti "screen Pandori." Zlochinnyi svit unlikely chi tomorrow want to live honestly and i hardly any leather shahray want tomorrow hard pratsyuvati for low wages. To Ale, I see for my own sake the shortage of the Soviet system of punishment and knowledge of people, and not the “supreme system,” as it is called. I zrozumila, scho won over more innocent, nіzh vinnyh. |
This bill became the first bill of the people's deputy Savchenko from the moment of her election. As stated by Nadezhda Savchenko’s sister, Vera Savchenko, one of the prisoners at the Stryi SIZO , who had been awaiting a court decision for 8 years and 1 month, initiated the adoption of this law before Savchenko [3] .
The main committee in reviewing this bill was the Committee on Legislative Support of Law Enforcement, which gave a positive opinion on this legislative initiative.
November 26, 2015, a vote was taken on the adoption of the draft law as a basis and in general. 255 deputies voted for the adoption of the bill, not a single deputy voted against or abstained, 63 deputies did not vote. The diagram below shows the distribution of votes “For” [4] .
On December 22, 2015, President of Ukraine Petro Poroshenko signed this bill, thereby finally completing the procedure for its adoption and leaving the case for publication [5] .
On December 23, 2015, the law was published in the official publication “ Voice of Ukraine ” [1] and entered into force the next day.
On May 18, 2017, the Verkhovna Rada by a majority of votes (227 - "For", 3 - "Against") voted to repeal the law [6] [7] .
The content of the law and the reasons for its adoption
Legislative changes proposed by MP Savchenko, who were later supported by the Parliament and agreed by the President of Ukraine , changed part 5 of Article 72 of the Criminal Code of Ukraine, which determines the procedure for crediting the term of detention before a sentence is passed during the term of punishment. Prior to the adoption of this law, this term was counted as one day of detention up to one day of serving the sentence of imprisonment. [ clear ] According to the changes that this legislation provides for, one day of detention is counted as two days in prison.
| Editorial Part 5, Art. 72 of the Criminal Code of Ukraine before the changes | Editorial Part 5, Art. 72 UCU after changes |
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| Pre-trial detention shall be counted by the court within the term of the sentence for conviction to imprisonment for a day or according to the rules provided for in the first part of this article. When sentencing, not specified in the first part of this article, the court, taking into account preliminary detention, can mitigate the sentence or completely release the convicted person from serving it. | The court’s transfer of the term of pre-trial detention in the case of a conviction to deprivation of liberty within the same criminal proceedings in which pre-trial detention was applied to a person is calculated on the basis of one day of pre-trial detention for two days in prison.
When imposing a primary punishment not specified in the first part of this article, the court is obliged to fully release the convicted person from serving such a basic punishment.
The court must release the convicted person from serving the sentence if the term of preliminary detention, served by the convicted person within the criminal proceedings, is equal to or greater than the primary punishment actually assigned to him from among those provided for in the first part of this article. |
As noted in the explanatory note to the bill, the adoption of the law is justified by the need to ensure social justice, the practical implementation of the principle of the presumption of innocence , the cessation of negative long-term detention in the pretrial investigation of criminal proceedings. In addition, the need for such changes was explained by the need to unload the pretrial detention facilities in Ukraine, which at the same time would improve the conditions for those people who would not be released after the bill was passed.
Conditions of detention in remand prisons
The condition of the detention facilities and the conditions of detention of persons in relation to whom the investigation and the court are taking place have become the main motive for the adoption of this law. In general, these conditions were far from the generally accepted norms for the maintenance of persons against whom no court decision had yet been made. Persons who are in the SIZO are constantly in large numbers in the cells. At the same time, sometimes one person has an area of less than 2 m². In addition, the cell has a toilet and a table for food, which is also a place to store food and things. In most cases, there is not enough space in such cameras for movement [8] .
The condition of people’s stay in remand prisons in Ukraine has repeatedly been subject to review by the European Court of Human Rights . In particular, in the case of Belyaev and Digtyar v. Ukraine in 2012, the court recognized that the conditions of detention in the SIZO did not meet sanitary requirements, and there was also inadequate provision of the prisoner with living space and personal belongings [9] . In the cases of Ustyantsev v. Ukraine and Vasiliy Ivashchenko v. Ukraine, the court concluded that there were violations of the person’s right to information about his own health [10] .
Reaction and consequences of adoption
- According to a study conducted by , in the fall of 2016, the consequences of adopting the law were heavily criticized by the media. The most sharply negative rhetoric was demonstrated by a number of TV channels, including Inter , ICTV and 1 + 1 [11] .
- According to Natalia Sevostyanova, First Deputy Minister of Justice of Ukraine, about 40,000 criminals will be released in connection with the adoption of this law [12] .
- Oleg Zalisko, Deputy Prosecutor General of Ukraine, said that after the adoption of this law, almost 6,000 prisoners who had committed particularly serious crimes were released, so the Prosecutor General’s Office is in favor of changing this law. In addition, according to the General Prosecutor’s Office, persons who were released as a result of the operation of this law do not socialize and do not take the path of correction. Thus, for example, in the Vinnitsa region, according to this law, as of April 22, 2016, 261 persons were released, 12 of whom are already in custody once again after being released on charges of committing a new particularly serious crime. In addition, the General Prosecutor’s Office called this law “dangerous for society” [13] .
- The head of the National Police of Ukraine, Khatia Dekanoidze, said that the adoption of Savchenko's Law is one of the factors that influence the increase in crime in Ukraine at the same level as the economic situation and the migration of illegal weapons from the combat zone. In addition, according to statistics from the police chief, of those who were released as of April 26, 2016, 779 were convicted of premeditated murder , 496 of premeditated grievous bodily harm, 1045 for robbery, 812 for robbery , 1253 for theft and 616 for illegal circulation of narcotic drugs [14] .
- July 29, 2016, people's deputy of Ukraine, adviser to the Minister of Internal Affairs of Ukraine Anton Gerashchenko said that in September 2016, the Verkhovna Rada will raise the issue of repealing this law [15] . Prior to this, the Minister of Internal Affairs of Ukraine Arsen Avakov said that he and the Minister of Justice of Ukraine Pavel Petrenko sent to the Verkhovna Rada of Ukraine proposals for the adjustment of Savchenko’s Law regarding its use with regard to recidivists and persons who committed serious crimes [16] .
The main author of the bill, Nadezhda Savchenko, considers his law “ideal”, and in order that the criminals do not leave before, proposes to condemn them more strictly [17] .
After the adoption of this law, among others, some individuals were released, whose conviction was accompanied by a wide public response: , Andrey Slyusarchuk , Victor Lozinsky [17] . Among the released pedophile Nikolai Shekerli, who in Mariupol raped about 200 Ukrainian girls [18] .
Lawyers' position
The law led to contradictory consequences and came under the criticism of lawyers: the law was called “unprofessional, populist and simply pointless” [19] , “a threat to society” [20] , because it allows “to amnesty” the most dangerous criminals who must serve their sentences.
Cancellation of the law
The law, due to which more than 10 thousand felons who did not finish their sentences, were set free, was repealed on June 16, 2017 .
The bill, sponsored by the People's Deputy of Ukraine Yatsenko Anton Volodymyrovich [21] , was proposed to repeal the so-called "Savchenko law." The deputy claimed [18] that of all those who were released, one and a half thousand people immediately committed repeated crimes. On May 18, 2017, the draft law was passed by the Verkhovna Rada of Ukraine by 157 votes in favor of an abbreviated procedure in 15 minutes [22] , and on June 16, President Petro Poroshenko signed the law [22] .
See also
- Exemption from punishment
Notes
- ↑ 1 2 3 Draft Law on amending the Law to the Criminal Code of Ukraine (with the help of a court order on the line of the second line at a time line) (Ukr.) . Verkhovna Rada of Ukraine / Office of web portal. The appeal date is August 15, 2016.
- ↑ Nadia Savchenko: The law “for two days in SIZO” is a special reform of the ship system (ukr.) . Allukrainske Obednannya "Batkivshchyna" (January 13, 2016). The appeal date is August 15, 2016. Archived August 8, 2016.
- ↑ Volodymyr Pirg. The initiator of the “Savchenko law” became the responsibility of Lvivshchyna (Ukrainian) . Zaxid.net (January 28, 2016). The appeal date is August 15, 2016. Archived August 8, 2016.
- ↑ According to the draft law on the draft Law on amending to the Crimean Code of Ukraine (with the order of the court, a line of the previous link is attached) (No. 3413) - for the basis of that in whole (Ukr.) . Verkhovna Rada of Ukraine / Office of web portal. The appeal date is August 15, 2016.
- ↑ Poroshenko signed the "Law Savchenko" . Ukrainian Truth (December 23, 2015).
- ↑ Rada abolished Savchenko’s law on the day in the SIZO for two in prison . Espresso (May 18, 2017). The appeal date is May 18, 2017.
- ↑ According to the draft law on the draft Law on the submission of the law to the Criminal Code of Ukraine (the rules for folding the booklet are written separately) (№5534) - for the basis that in the whole (in Ukrainian) . Verkhovna Rada of Ukraine / Office of web portal (May 18, 2017). The appeal date is May 18, 2017.
- ↑ “A day at SIZO - two days in prison” (Ukr.) . Advocates of Mitsik and Partners. The appeal date is August 15, 2016. Archived August 8, 2016.
- ↑ On the right, “By that Dygtyar to Ukraine” (Statements No. 16984/04 and 9947/05) (in Ukrainian) . Verkhovna Rada of Ukraine. The appeal date is August 15, 2016.
- ↑ Autukhov, Gel, Romanov, Chovgan, Yakovets, 2015 , p. 226.
- ↑ Bogdan Pavlenko. Savchenko's law on Ukrainian television news . Context Media (November 14, 2016). The appeal date is November 18, 2016.
- ↑ Justice Ministry: About 40 thousand people will be released thanks to the “Savchenko law” . Perspective (August 8, 2016).
- ↑ "Savchenko's law" released almost 6 thousand prisoners - the GPU wants changes . Ukrainian Truth (April 22, 2016).
- С "Savchenko's law" increased crime in Ukraine - Dekanoidze . Antikor (April 24, 2016). The appeal date is August 15, 2016. Archived August 8, 2016.
- ↑ Gerashchenko believes that in September the Rada will raise the issue of repealing the “Savchenko law” . 112 Ukraine (July 29, 2016).
- ↑ Avakov and Petrenko want to correct the law Savchenko . Ukrainian Truth (June 30, 2016).
- ↑ 1 2 Savchenko considers his law to be ideal: “We need to rewrite other laws” . Ukrainian Truth (August 2, 2016).
- ↑ 1 2 Freedom from Hope. From prison released pedophile, raped 200 girls
- ↑ Tatyana Svyatenko. Savchenko's Law: How well-intentioned criminals are released . 112 Ukraine (March 2, 2016). The appeal date is August 15, 2016. Archived August 9, 2016.
- ↑ Old: Savchenko's law is a threat to society . RIA Novosti Ukraine (April 1, 2016). The appeal date is August 15, 2016. Archived August 9, 2016.
- ↑ Anton Yatsenko - Office portal of the Supreme For the sake of Ukraine . w1.c1.rada.gov.ua. The appeal date is April 10, 2018.
- ↑ 1 2 The Office Portal of the Verkhovna Rada of Ukraine . w1.c1.rada.gov.ua. The appeal date is June 21, 2018.
Sources and literature
- The Law of Ukraine “On the Submission to the Criminal Code of Ukraine on the order of the court to protect the line in front of the lines of punishment” (Ukr.) . Verkhovna Rada of Ukraine. The appeal date is August 15, 2016.
- Autukhov K.A., Gel A.P., Romanov M.V., Chovgan V.O., Yakovets I.S. Dotrimannya human rights in pentential systems of Ukraine. - Kharkiv : “Human Rights”, 2015. - 480 p. - ISBN 978-617-7266-10-4 .
Links
- O. Krivetsky. Savchenko law . Service of Information and Analytical Prevention of Organs of State Power, National Legal Biblioteka, Fondi of the President of Ukraine National Bibliographies of Ukraine Іmenі V. І. Vernadskogo . The appeal date is August 15, 2016. Archived August 9, 2016.