CURRENT ASPECTS OF THE IMPLEMENTATION OF SOCIAL GUARANTEES UNDER MARTIAL LAW IN UKRAINE

Abstract

The article is devoted to a comprehensive
analysis of the peculiarities of the realization of social
guarantees under martial law in Ukraine, taking into
account the period of the 2018 martial law
introduction and the context of the full-scale Russian
aggression against Ukraine since February 24, 2022.
It examines the main constitutional provisions
establishing the right of citizens to social protection
and mechanisms for their realization under conditions
of restriction of rights and freedoms. Special attention
is paid to changes in Ukrainian legislation adopted to
adapt social policy to the realities of war, including
the Laws of Ukraine «On the Legal Regime of Martial
Law» and «On the Organization of Labor Relations
under Martial Law». The influence of international
law, in particular the norms of the International
Covenant on Economic, Social and Cultural Rights
and the case law of the ECHR on ensuring minimum
standards of social protection even in emergency
conditions, is analyzed. Examples of Ukrainian
judicial practice regarding the protection of social
rights during wartime are provided. The experience of
France, Israel, the USA, and Sweden in guaranteeing
social rights during crises is studied. Based on the
conducted analysis, specific proposals for improving
Ukrainian legislation have been developed:
enshrining the principle of non-reducibility of social
rights during martial law, improving the mechanisms
for issuing protective orders, and optimizing
procedures for social support for internally displaced
persons and war veterans. The importance of
integrating the best international practices while considering national specifics is emphasized. The article substantiates the need for a combination of legislative improvement, administrative efficiency, and enhanced parliamentary control over the preservation of social guarantees during crises.

Keywords: digitalization; emergency circumstances; European Social Charter (ESC); extraordinary circumstances; internally displaced persons (IDPs); international standards; labor rights; martial law; pension provision; social guarantees; social protection; social services; the right to social protection.