Правовий статус військовополонених в процесі виконання кримінальних покарань в Україні

Abstract

The article discusses theoretical and applied problems of execution of penalties for Russian soldiers who committedunlawful acts during the armed aggression in Ukraine. It studies and develops algorithms and procedures of implementationof penalties imposed on such war criminals. The article emphasises lacking studies of penal enforcement aspects ofincarceration of prisoners of war in modern legal science of Ukraine. The authors point out the objective need to improve current law and fill gaps in current regulations and procedures that determine status of prisoners of war in case of theirconviction and incarceration subject to the Geneva Convention provisions. The article also asserts that the provisions ofthe above Convention require immediate changes and update including changes on the level of additional agreementswhich would take into account socio-economic development of signatory countries, military practices, and othercircumstances. It is summarised that Ukraine as the state of law must adhere to its international commitments includinghuman rights commitments in treatment of prisoners of war and convicted persons. Based on the above, it is proposed toaddress the well-defined issues through changes in the parts of the penal enforcement code of Ukraine related to prisonersof war. The article concludes that the penal enforcement code of Ukraine doesn’t require significant change in whole asit has all appropriate provisions of treatment of prisoners of war. Only some supplements are required in the current penalenforcement code of Ukraine as they ensure not only further protection of prisoners of war but their effective use inrebuilding our country.