SOCIAL PROTECTION OF CERTAIN CATEGORIES OF CITIZENS UNDER MARTIAL LAW: LEGISLATIVE NOVELTIES AND PROBLEMATIC ASPECTS

Authors

DOI:

https://doi.org/10.33216/2218-5461/2023-46-2-101-111

Abstract

The article is devoted to the issue of social protection of certain categories of citizens in the conditions of the introduction of martial law on the territory of Ukraine. Peculiarities and problematic aspects of social protection of servicemen and internally displaced persons have been studied.
Based on the analysis of the scientific approaches of domestic scientists to the understanding of the category "social protection", an attempt was made to formulate the definition of the right to social protection as a subjective individual right of a complex nature.
The scientific work carried out a systematic analysis of current national legal acts, the positions of domestic scientists, aimed at determining the extent of the legal status of military personnel and internally displaced persons as subjects of social protection.
Regulatory legal acts in the field of social protection of military personnel and their family members are highlighted, including the Laws of Ukraine "On social and legal protection of military personnel and their family members", "On pension provision of persons discharged from military service and some other persons", " About the status of war veterans, guarantees of their social protection", etc. On the basis of the analysis of the current legislation, the main legislative novelties introduced in the conditions of martial law, which have a significant impact on the essential content of the concept of the right to social protection of military personnel and their family members, are singled out. Obstacles to the effective implementation of the right to housing for servicemen and their family members are highlighted as a problematic aspect, the main of which is the lack of a national concept and target program of housing for servicemen.
Legislative changes in the field of social protection under martial law, aimed at improving the legal status of internally displaced persons, were analyzed, including: simplification of the procedure for obtaining IDP status, increase in the amount of monthly cash assistance, etc. Some problematic issues of social protection of IDPs in the conditions of martial law, in particular insufficient funding of housing needs and shortcomings in the legislative regulation of the procedure for assigning pensions, have been studied.

Key words: social protection, martial law, servicemen, members of families of servicemen, internally displaced persons.

Author Biography

Yu. Ivchuk

Докторка юридичних наук, професорка, професорка кафедри правознавства Східноукраїнського національного університету імені Володимира Даля

Published

15.10.2023

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Section

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