Amnesty is provided for in most countries of the world. However, the population is wary of these events. Taking into account public sentiment, it is worth figuring out who can exercise this right and who cannot.
First, you need to understand what is "amnesty"? Amnesty, according to the Large Legal Dictionary, means the full or partial release of persons who have committed criminal offenses. Also, an amnesty may include the removal of a criminal record, or it may even mean replacing one type of punishment with a milder one.
In the countries of the former USSR, the concept of "amnesty" differs depending on the legal framework and the criminal code. In the Russian Federation, amnesty is announced by the lower house of the Federal Assembly, namely the State Duma. The last such amnesty was timed to coincide with the 20th anniversary of the Constitution in 2014. In Ukraine, amnesty was also announced by the Parliament represented by the Verkhovna Rada.
At the moment, amnesty in Ukraine is organized by the court on an individual basis. In the Republic of Belarus, the last amnesty was proclaimed on June 21, 2014 in connection with the holiday of the liberation of Belarus from the invaders. This law was introduced to Parliament by the President of the Republic, and was approved.
In the Republic of Belarus, pregnant women, pensioners, minors, war veterans who were injured in the accident at the Chernobyl nuclear power plant fall under the amnesty. It is worth noting that only those persons who no longer need to be in prison are released.
As in the case of the Republic of Belarus, the amnesty in the Russian Federation also frees women with minor children (while the mother should not be deprived of parental rights); frees disabled persons of groups 1 and 2; elderly people (women and men of retirement age).
If you look at the law of the Verkhovna Rada of Ukraine, then disabled people of the III group also get a chance to receive an amnesty; citizens with an active form of tuberculosis (category 1-4); patients with oncological diseases (stages 3 and 4 according to the TNM standard); AIDS patients (again stage 3-4 according to the WHO classification); and citizens with other diseases that prevent them from serving their sentences. Due to the peculiarities of the updated legislation, it is the prosecutor, the institution of deprivation of liberty that raises the issue of opening a case regarding amnesty in court. Also, the defendant himself, his defense lawyer or representative has this opportunity.
Not a single amnesty will release the person who has committed grave and especially grave crimes. The list includes rape, premeditated murder, terrorism, the creation of gangs. Do not forget that such a right may be denied to persons who have not fulfilled all the conditions in order to free themselves. Amnesty may be denied to political prisoners or those citizens who have committed crimes against the state, depending on the legislation of each country.
It is not necessary to combine such two concepts as "pardon" and "amnesty". The pardon applies only to individual citizens. The amnesty frees a whole category of citizens whose crimes are not serious.
Taking into account the peculiarities of the legislation of each of the countries of the former USSR, it is recommended to research each of the laws personally. In Ukraine, this is "About Amnesty at 2014 Roci", document 1185-18. To get acquainted with the peculiarities of amnesty in the Russian Federation, it is worth reading the law of December 18, 2014 N 3500-6 GD: "On the declaration of amnesty." Citizens of Belarus should familiarize themselves with the law on the state portal of the president.
