РRISONERS OF WAR AS SUBJECTS OF JUDICIAL CONTROL IN THE CONDITIONS OF MARTIAL LAW

Abstract

Abstract. The article deals with the problems of regulatory settlement of participation of a person who was decided to be exchanged as a prisoner of war by authorized body in criminal proceeding at the stage of pretrial investigation. In the article the relevant judicial practice of the categories in which a person who was decided to be exchanged as a prisoner of war is considered to be a subject of the preliminary judicial control. An opinion regarding no need of granting a special procedure status concerning a person who was decided to be exchanged as a prisoner of war is expressed. It is indicated that a person who was decided to be exchanged as a prisoner of war as a subject of the preliminary judicial control participates in the following cases – consideration of requests concerning cancellation of preventive measure; – consideration of requests concerning interrogation of a person as a witness according to No 225 Article of the Criminal Procedure Code (CPC); – consideration of requests concerning continuation of the preventive measure; – consideration of requests concerning granting permission to start a pre-trial investigation in absentia concerning such persons; – consideration of requests concerning exemption from serving a sentence. It is proved that the absence of imperative requirement concerning mandatory participation of the subject in the court session during consideration of requests regarding cancellation of preventive measure in the form of detention. 1. Deprives the investigating judge or court of the opportunity to reconsider that a suspect or accused received the copy of consideration of requests and supplementary materials not later than three hours before the beginning of consideration of the petition. 2. Deprives the investigating judge or court of the opportunity to make sure that the suspect or accused freely consented to be exchanged and did not change his opinion regarding such an exchange. The full collision is detected between Part 6 of No 202 Article of CPC which establishes an obligation concerning an immediate duty of releasing of the suspect or accused and transfer him to the supervision of an authorized body, and Part 10 of No 20 Article of the Law of Ukraine” аbout prior imprisonment” which provides the duty of the head of the pre-trial detention facility to release a person in respect of whom the decision was made about the exchange as a prisoner of war at the day of receiving the decision of the investigating judge or court about cancellation of preventive measure.