PECULIARITIES OF LEGAL REGULATION OF SOCIAL AND LABOR RIGHTS IN THE TEMPORARILY OCCUPIED TERRITORIES OF UKRAINE

Authors

DOI:

https://doi.org/10.33216/2218-5461/2024-48-2-249-261

Abstract

In today's conditions, when Ukraine is facing
aggression and temporary occupation of part of its
territories, the issue of protection of social and labor
rights of its citizens acquires special importance.
Social and labor rights are fundamental aspects of
human rights, and their violation in occupied
territories poses a significant threat to the local
population. Ensuring the right to work and social
protection under occupation is complicated by the
inability of state institutions to operate fully in these
areas. As a result, Ukraine must adapt its legislation
and create new mechanisms for the protection of labor
rights based on international legal norms.
Key challenges include legal uncertainty
regarding the application of national law in occupied
territories, violations of international law by the
occupying forces, and limited access to social
guarantees and justice for affected citizens. The
ongoing occupation prevents residents from receiving
pensions, social benefits, and other critical resources,
which not only affects their well-being, but also
disrupts the legal relationship between the Ukrainian
government and its citizens.
In addition, Ukraine faces the need to address
the legal vacuum created by the occupation, as
international humanitarian law requires the
occupying power to ensure the basic rights and
welfare of the population. In practice, however, these
obligations are often ignored, further exacerbating the
humanitarian crisis.
In light of these challenges, it is essential to
develop new policy strategies and legal mechanisms
to protect the rights of individuals in the occupied territories and to maintain a legal connection between Ukraine and its citizens. This includes strengthening international cooperation, applying diplomatic pressure, and exploring innovative legislative solutions to ensure that social and labor rights continue to be upheld despite the complexities created by occupation. The effective implementation of these measures will not only demonstrate Ukraine's commitment to the rule of law, but will also reinforce its sovereignty over the occupied territories.

Keywords: international law, occupation, occupational administration, social rights, social protection.

Author Biographies

H.V. Tatarenko

Кандидат юридичних наук, професор кафедри публічного та приватного права, Східноукраїнського національного університету ім. В. Даля

D.V. Tatarenko

Здобувач третього (освітнього-нукового) рівня вищої освіти першого року навчання кафедри публічного та приватного права СНУ ім. В. Даля

Published

25.12.2024

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