Журнал Viche 2006 №24

№24, 2006

Institute of pardon in the context of bases of division of state authority

According to the official data, 8081 appeals for pardon of 4670 condemned had been addressed to the President of Ukraine during the first six months of the year 2006, 1342 of the appeals concerning 608 convicts have been satisfied

It is expedient to foresee the consideration of such category of affairs by the Supreme Court of Ukraine, because of public meaningfulness of institute of pardon and its direct descent from the field of criminal law. For this purpose the amendments are to be made to the Law “About the judicial system of Ukraine”, and also to the issue XII of the CC of Ukraine and to the corresponding regulations of the Criminally-executive code of Ukraine, and the fact, that in the structure of the Judicial chamber on criminal affairs a judicial college on the questions of pardon operates, should be marked in the article 48. The analysis of amount of appeals for pardon, its dynamics taking into account the loading on the judges of the Judicial chamber on criminal affairs of the Supreme Court of Ukraine give grounds for a conclusion concerning the unreasonableness of creation of a separate judicial chamber and of limitation by the judicial college on the questions of pardon

Valentyn SERDYUK