ЗВІЛЬНЕННЯ ВІД ПОКАРАННЯ ЗАСУДЖЕНИХ, ЯКЩО ЇХ ВКЛЮЧЕНО У СПИСКИ НА ОБМІН ЯК ВІЙСЬКОВОПОЛОНЕНИХ: ТЕОРІЯ ТА ПРАКТИКА

Abstract

The authors analyzed the features of the release from punishment of convicts
if they are included in the lists for exchange as prisoners of war through the prism
of the theoretical developments of scientists and researchers, as well as the regula-
tory and legal provision of the relevant field (institute) of law in socio-legal rela-
tions.
It has been found that the institution of immunity from punishment is not
new for science and law enforcement practice in the field of criminal law of Ukraine,
including a number of norms and provisions that by default regulate some proce-
dures and issues related to international humanitarian law, which is quite wide-
spread and relevant, in particular, in view of Russia's large-scale invasion of the
sovereign territory of Ukraine and the significant increase in the number of prison-
ers of war.
The authors proves the imperfection of the system of release from punish-
ment for those persons who are included in the lists for exchange as prisoners of
war and notes the need for significant improvement of the relevant legal institution
and the method of making changes to the existing legal framework, based on the
norms of current legislation, law enforcement practice and statistical data.
In addition, it is emphasized that in modern realities, there are no alternatives
to the application of the norms governing the functioning of the relevant institute,
and the need for its further application is stated, primarily with the aim of restoring
the violated rights and freedoms of prisoners of war from among the representa-
tives of the Ukrainian defense forces, who were captured.