RELEASE FROM PUNISHMENT A PERSON WITH REGARD TO WHICH A DECISION WAS MADE TO TRANSFER FOR EXCHANGE AS A PRISONER OF WAR

Abstract

This article is concerning on legislative novel – release from punishment a person with regard to which a decision was made to transfer for exchange as a prisoner of war. It has been noted that Ukrainian legislation on criminal responsibility is influenced by events in the state and legislative novels are sometimes of a political nature. At the same time when analyzing amendments and supplements to the Criminal code of Ukraine it has been possible to conclude that 116 such amendments and supplements have been adopted from the time of the beginning of the events in the East of Ukraine and annexation of the Crimea and Sevastopol, whereas from February 24^th, 2022 – 13. The definition of the prisoner of war according to the international law and Ukrainian legislation has been studied. Such definition in the broad and in the narrow sense has been found as enshrined in the domestic legislation. The role of the Coordination Headquarters for the Treatment of the Prisoners of War in such category of people’s release from criminal punishment has been examined; it has been mentioned that namely this agency makes the decision on the prisoner of war transfer for exchange and approves such exchange in written. It has been concluded that a person who has committed a criminal offence may be fully or partially released from the punishment. Institute of exemption from criminal punishment and its serving reflects the principles of humanism and economy of criminal influence measures. This fully applies to the release from criminal punishment a person with regard to which a decision was made to transfer for exchange as a prisoner of war because in the provisions of the Geneva Convention relative to the Treatment of the Prisoners of War dated from August 12^th, 1949, and Art. 44 of the Additional Protocol to the Geneva Conventions of August 12^th, 1949, and relating to the Protection of victims of International Armed Conflicts (Protocol I) dated from June 8^th, 1977, emphasizes on the humane treatment of the prisoners of war. Similar provisions are contained in the domestic legislation. The necessity of further research of this type of release with regard to the analysis of judicial practice of both foreign states and Ukraine has been stressed.