Review

The article examines the legal principles of interaction between the Coordination Headquarters, the Security Service of Ukraine, the Armed Forces of Ukraine and the prosecutor’s office in the process of exchanging prisoners of war.

The purpose of the article is a systematic analysis of the features of interaction between the Coordination Headquarters, the Security Service of Ukraine, the Armed Forces of Ukraine and the prosecutor’s office in the process of exchanging prisoners of war, considering national legislation, international humanitarian standards and practical challenges that arise in modern conditions of armed conflict.

The author states that the process of exchanging prisoners of war is not only an operational and organizational measure, but also a legally and humanitarianly significant tool that requires a high level of interagency coordination, legal certainty and compliance with international standards. Given the complexity of modern armed conflicts, particularly the hybrid nature of Russia’s war against Ukraine, the exchange of prisoners of war goes beyond the traditional legal procedure and acquires the features of a political, diplomatic and security operation. In this context, it is important not only to technically implement the exchange, but also to have a clear understanding of the legal status of persons returning from captivity, to guarantee their rights, and to form a transparent and accountable mechanism based on the legislation of Ukraine and the provisions of international humanitarian law.

The legal framework governing the activities of the bodies involved, including the laws of Ukraine, international conventions and agreements, is studied. Particular attention is paid to the analysis of the functional powers of each of the institutions, as well as the issues of coherence and effectiveness of interaction during the practical implementation of the exchange of prisoners.

It was found that, despite the presence of a legislative basis, the absence of a special generalizing act and procedural mechanism for the exchange makes it difficult to ensure transparency, legal certainty, and effective protection of the rights of prisoners of war. There is a need for closer monitoring of human rights compliance, as well as the permanent involvement of civil control institutions, such as the Verkhovna Rada Commissioner for Human Rights.

The functions and forms of participation of each state body in the exchange mechanism are detailed, including the process of identification, status verification, legal support, psychological and medical assistance, logistical support, negotiations and monitoring of the implementation of humanitarian agreements. Examples of real cases of cooperation are given, as well as challenges that arise when interacting in conditions of limited time, pressure from the aggressor and legal uncertainty of certain categories of people.

Keywords: prisoners of war, exchange of prisoners, Coordination Headquarters, Security Service of Ukraine, Armed Forces of Ukraine, prosecutor’s office, legal status, humanitarian law, interagency cooperation, state coordination.