ОБМІН ОСІБ-ВІЙСЬКОВОПОЛОНЕНИХ: ТЕОРІЯ ТА ПРАКТИКА КРІЗЬ ПРИЗМУ ІНСТИТУТУ ЗВІЛЬНЕННЯ ВІД ВІДБУВАННЯ ПОКАРАННЯ

Abstract

The article analyzes the theory and practice of the exchange of persons as a prisoner of war through the prism of the functioning of the institution of release from serving a sentence, which in general allows to restore the rights and freedoms of defenders of Ukraine who were captured and assigned to the exchange fund of the foundation. It has been established that the content and essence of release from serving a sentence as an institution of criminal law, in particular in the context of prisoner of war exchange processes, is an extremely important and effective tool, the mechanism of which is the return to Ukraine of its defenders who were captured by the Russian side in exchange for those combatants who were captured by the defense forces of Ukraine and whose guilt was proven. It has been proven that in the conditions of the current legal regime of martial law in Ukraine and active hostilities, it is necessary to apply the institution of release from serving the punishment of prisoners of war, taking into account all procedural aspects of criminal and criminal procedural legislation. At the same time, it is stated that the role and place of the relevant institute in the context of the exchange of prisoners of war requires additional study at a higher scientific level, because researchers are constantly blurring the line between the release from serving the sentence of convicted persons and the release from criminal responsibility in the context of the exchange of prisoners of war who have the status of a suspect. Accordingly, this topic is on the border of the sciences of criminal law and criminal process, which will require the involvement of a wider range of researchers.