The article is devoted to studying the peculiarities of the legal status of war prisoners detained in penal institutions of the State Criminal and Executive Service of Ukraine. In addition, it was noted that there were some problems in determining the legal status of war prisoners, defining the range of their rights and responsibilities, outlining the legitimate interests of persons in POW camps in Ukraine.

According to the authors, in order to disclose the legal status of war prisoners, the legal status of convicts detained in penal institutions should be considered and due to it the legal status of war prisoners should be determined. It should be done because of the fact that they are held in the institutions of the State Criminal and Executive Service in the same way as those sentenced due to the following elements: a) subjective rights, b) legitimate interests and c) responsibilities of convicts.

According to the authors, special attention is paid to such rights as: respect for human honor and dignity; the right to freedom of religion and the conduct of religious rites; the right to maintain contact with the outside world; the right to apply to controlling and supervisory bodies; the right to possess personal belongings and funds, all items and things for personal use, uniforms and food, sums of money and valuables remain war prisoners’ property, except when the removal of the latter is necessary to ensure war prisoners’ safety; the right to health care; the right to normal material and domestic support for compliance with national legislation; respect for the staff of penal institutions and POW camps; obligatory work for certain categories of people.

Key words: war prisoner, military man, criminal liability, legal status, POW camps.

References

1. Resolution of the Cabinet of Ministers of Ukraine (2022), The Order of War Prisoners Detention, available at: https://zakon.rada.gov.ua/laws/show/413-2022-%D0%BF#top (accessed 12 May 2022).
2. Shemshuchenko, Yu.S. and Parkhomenko, N.M. (2003), Legal status, Legal encyclopedia: in 6 vols. Vol. 5.
3. Bodnar, I.V., Kondratov, D.Yu. and Oliinyk, О.І. (2020), Reflection of the elements of progressive prison system in the legislation of Ukraine, Bulletin of the Criminological Association of Ukraine, 2020, No. 2 (23).
4. Snitko, M.Ye. (2021), Major violations of the legal status of prisoners in Ukrainian penitentiaries. Scientific Herald of Sivershchyna. Series: Law, 2021, No. 3 (14). https://doi.org/10.32755/sjlaw.2021.03.091
5. Order of the Ministry of Justice of Ukraine (2018), Rules of Internal Procedure of Penal Institutions, available at: https://zakon.rada.gov.ua/laws/show/z1010-18#Text (accessed 12 May 2022).