Functioning Penitentiary Camps for Prisoners of War of the Russian Federation in Ukraine

2024;
: 32-37

Цитування за ДСТУ: Богатирьов І., Гумін О. (2024) Функціонування в Україні пенітенціарних таборів для військовополонених російської федерації. Вісник Національного університету «Львівська політехніка». Серія: "Юридичні науки". Том. 11, № 3 (43), С. 32-37. DOI: https://doi.org/10.23939/law2024.43.032

Citation APA: Bohatyrev I., Gumin O. (2024) Functioning of penitentiary camps for prisoners of war of the Russian Federation in Ukraine. Bulletin of Lviv Polytechnic National University. Series: “Legal Sciences”. Vol. 11, № 3 (43), С. 32-37. DOI: https://doi.org/10.23939/law2024.43.032

 

1
Zhytomyr Polytechnic State University
2
Lviv Polytechnic National University, Educatinoal and Rasearch Institute of Law, Psychology and Innovative Education

The article states that with the beginning of the full-scale invasion of the Russian Federation to Ukraine more than two and a half years have passed. During this time, law enforcement agencies initiated 127,814 criminal proceedings under various articles of the Criminal Code of Ukraine. It should be noted that many of them have already been examined by domestic courts and those guilty of criminal offenses have been held criminally liable. It has been proven that all of them are serving their sentences in a camp that functions as a correctional colony for prisoners of war sentenced to imprisonment for a certain period or to life imprisonment. Since the problem of the functioning of prison camps for prisoners of war in Ukraine has not been the subject of research yet, the article states that their creation in Ukraine is an unprecedented practice during the years of Ukraine's independence, which is connected with the events of the invasion of the Russian Federation to the territory of our country as a "special operation" on February 24, 2022. It is noteworthy that the Ministry of Justice of Ukraine ensures the functioning of prison camps for prisoners of war in Ukraine as the subject of the implementation of state policy in the field of punishment and probation. It has been proven that currently four camps for prisoners of war of the Russian Federation have been created in Ukraine. All of them comply not only with international humanitarian law, but also with Ukrainian legislation. Unfortunately, Article 13 of the Convention is simply ignored by Russian Federation, thereby demonstrating disrespect for the norms of international humanitarian law. Moreover, our soldiers are held captive not in separate camps for prisoners of war, but in ordinary penal colonies, subjecting them to physical mutilation, acts of violence and intimidation, although this Convention categorically prohibits the use of reprisals against prisoners of war. The author's definition of the Ukrainian camp for prisoners of war of the Armed Forces of the Russian Federation was formulated. These are specially equipped places on the basis of correctional colonies of the State Criminal Enforcement Service of Ukraine for the forced detention of captured enemy servicemen with the aim of their final release and repatriation. A comparative analysis of the maintenance of prisoners of war in Ukraine and Russia was carried out. It is noted that if the personnel of the camp for prisoners of war establish that persons who took part in hostilities and were captured do not belong to prisoners of war, then such persons enjoy the protection of the Convention until their status is determined by a competent tribunal. Such persons, however, use benefits and protection. They include medical and spiritual personnel who provide assistance to prisoners of war. They are also provided with all opportunities to provide medical and spiritual assistance to prisoners of war. During the performance of their medical and spiritual duties, they also use certain privileges, in particular, they are allowed to periodically visit prisoners of war who are part of work teams or in hospitals outside the camp. It is worth paying attention to the fact that after the exchange of our soldiers and their return to the Motherland, it becomes clear how many of our prisoners of war in the Russian Federation different from the Russian occupiers in the POW camp in Ukraine. If the physical and moral condition of our soldiers is suppressed, they are tired and exhausted.

1. Resolution of the Cabinet of Ministers of Ukraine On Amendments to the Procedure for Keeping Prisoners of War dated August 25, 2023 No. 908. URL: https://xn--80aagahqwyibe8an.com/ministriv-kabineta-postanovi/ postanova-vid-serpnya-2023-908 -pro-vnesennya-2023-106621.html. [in Ukrainian]

2. Instructions on the procedure for implementing the norms of international humanitarian law in the Armed Forces of Ukraine, approved by the order of the Ministry of Defense of Ukraine dated March 23, 2017 No. 164. URL: https://zakon.rada.gov.ua/laws/show/z0704-17#Text [in Ukrainian]

3. Geneva Convention on the Treatment of Prisoners of War. URL: https://zakon.rada.gov.ua/laws/ show/995_153#Text [in Ukrainian]

4. In Russian captivity: what happens to Ukrainian military personnel behind the walls of Russian prisons. URL: https://mipl.org.ua/v-rosijskomu-poloni-shho-vidbuvayetsya-z-ukrayinskym.... [in Ukrainian] 5. The Ministry of Defense confirmed the death of at least 177 Ukrainian servicemen in captivity. URL: https://zaxid.net/minoboroni_pidtverdilo_zagibel_u_poloni_shhonaymenshe_... _n1595121 [in Ukrainian]