PECULIARITIES OF REGULATION OF RELEASE FROM SERVING PUNISHMENT IN CONNECTION WITH THE TRANSFER OF A CONVICT FOR EXCHANGE AS A PRISONER OF WAR

Abstract

The purpose of this article is to consider the legal nature and peculiarities of this type of release from serving the sentence, including in the context of a number of related issues. The following provisions, which are important for the improvement of legislation and practice of its application, are argued: 1) аrticle 84-1 of the Criminal Code provides for a type of exemption from serving the sentence that applies to convicts who are transferred for exchange as prisoners of war. This category includes both prisoners of war and other persons who are included by the authorized body in the lists for exchange; 2) exemption from serving the sentence on the basis of Article 84-1 of the CC may apply not only to foreigners and stateless persons, but also to Ukrainian citizens, which does not contradict the Constitution of Ukraine; 3) the condition is the commission of any criminal offence; the basis is a complex legal fact, which does not allow to classify this type of exemption as a criminal-legal incentive. The introduction of this type of release is conditioned by humanitarian expediency and fulfillment of the obligation of the state to release from captivity defenders of Ukraine and other persons who have been captured by the aggressor state; 4) the purpose pursued by the state in this case is to ensure the exchange procedure. This allows us to define this type of reduction of penal aggravation as a permissible exception to the state's obligation to prosecute and severely punish the perpetrators of international crimes; 5) the prospects of improvement of exemption from serving the sentence on the basis of Article 84-1 of the CC is connected with the development of the mechanism of compensation to the victims of the crimes, the subjects of which were sent for exchange on the basis of Article 84-1 of the CC.