Within the framework of the Minsk agreements, when prisoners are exchanged, all prisoners must be legally cleaned on the Ukrainian side. It means fair condemn or close all criminal cases for lack of crime and send for exchange. So it should be according to the arrangement!
Ideal – everyone should be amnestied. Under this option, for today, there is no adequate situation in the Donbass legislation.
In the worst case, make legal definitions for each category of prisoners. And there are three such categories: those under investigation, defendants, convicted. Being under investigation – to close the criminal records.
Being under trial – to pass sentence. Apply 69 article of the Criminal Code of Ukraine, which allows you to give less than a little time and release the defendant from the courtroom. It was possible in the court to make a requalification for a less serious article (Article 256, Article 260 of the Criminal Code of Ukraine) and apply an amnesty. Convicts must write a petition for pardon and be pardoned.
A humane approach is right. People after long years and months spent in prison, must go out and start a normal life.
As they say – there would be a desire.
But the fact is the following.
In a better situation, there are convicts on “separatist” articles. They wrote a petition for pardon and are waiting for an exchange. This category will be legally cleared before the exchange. The pardoned, according to available information, are now being taken to a pre-trial detention center in Kharkov. For other categories, things are much worse. The criminal cases will not be closed by the accused, but released from the courtroom under an obligation to appear at the first request for investigative actions and after the exchange of all of them the prosecutor’s office will be put on the wanted list. And they will have to hide … Those who are under trial, expect strong prosecutorial pressure.
The defendants are psychologically pressured and demand to admit the blame for the crimes against Ukraine. In case of recognition, 69 article of the Criminal Code of Ukraine is applied and released from the courtroom according to the prisoner.
For those who are not under the pressure, change the measure of restraint and release from the courtroom. After the exchange, they will be put on the wanted list. But even those who confessed to their crimes can wait for an unpleasant moment.
For them, there is a sword of Damocles. Within a month, the prosecutor’s office can appeal against the mildness of the sentence, and the case of the convicted person will be sent to the court of appeal. And in case of failure to attend court hearings, they will be put on the wanted list.
So, let’s sum up.
Judging by what is happening, Ukraine does not in fact perceive 306 people as its citizens. Although, ideally, should do everything to integrate these people into Ukrainian society. After the exchange, many children become practically hostages of the territory of the DPR and LPR and they can not even leave for the territory of Ukraine. And then a number of legitimate questions arise to the Ukrainian authorities and their enlightened partners:
1. Where is the humane attitude to its citizens in Ukraine?
2. Where is the observance of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Minsk Agreements and the laws of Ukraine?
3. Where is the manifestation, on the part of the authorities, of high European values in democratic Ukraine?
And while there are no answers to these questions, we will wait for an exchange. The main thing now is to release our guys, give them a breath of fresh air, a ray of sunshine.
And something tells me, the exchange will not help to remove some of the doubts, but on the contrary will add even more questions. And perhaps dozens of spoiled judjes.

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