Cancellation of a preventive measure in connection with the adoption by an authorized body of a decision on the transfer of a suspect, an accused person for exchange as a prisoner of war: procedural order and problematic issues

Taking into account the need to regulate procedure of exchanging persons as prisoners war within framework criminal proceedings, legislator fully justified and timely regulated this issue by adopting on July 28, 2022 Law Ukraine “On Amendments Criminal Procedural Codes other legislative acts regarding regulation exchange war” No. 2472-IX. The addition new Article 201-1 Procedure Code contributed establishment for cancellation a preventive measure in connection with adoption an authorized body decision transfer suspect, accused person prisoner war.
 amendments canceling hand over war, have been analyzed. procedural order such has defined attention focused basis cancellation. Problematic issues normative accordance Art. their solution proposed.
 Revealing implementation Ukraine, it determined that is carried out investigating judge, court at request prosecutor. prosecutor’s appeal relevant war. At same time, law does not require court; prosecutor must provide materials confirming decision. peculiarity petition consideration participation respect whom made during session.
 It proven needs improvement, particular regard to: 1) title which should be read “Cancellation war”, since its current broader than content; 2) settlement consequences event out.