Determination and granting of the status of a participant in combat operations to the officers of the Security Service of Ukraine who partici- pated in the antiterrorist operation: peculiarities of the administrative-legal settlement
Journal Title: Прикарпатський юридичний вісник - Year 2017, Vol 4, Issue
Abstract
In the article, based on the norms of the current legis- lation of Ukraine and its application practices, was ana- lyzed the problematic issues of the administrative and legal settlement of the determination and granting of the status of a participant in combat operations to the em- ployees of the Security Service of Ukraine who participat- ed in the antiterrorist operation in the East of Ukraine, as well as directions for its further improvement. On the basis of the study of judicial practice and the analysis of judicial statistics, consideration by the ad- ministrative courts of Ukraine of categories of cases re- lated to the protection of the rights of participants in the antiterrorist operation and their families, it was found that one of the topical issues in the area of protecting the rights of participants in the antiterrorist operation is re- ceiving the status of a participant in hostilities, which then grants them the right to benefits, and social guaran- tees for their families. The legal nature of acquiring the status of a partici- pant in combat operations by different categories of em- ployees of the Security Service of Ukraine has been inves- tigated. The peculiarities of the definition and application of the term “period of the antiterrorist operation” were clarified. The article analyzes the legislative changes that established the appropriate deadlines for involving indi- viduals in the anti-terrorist operation, after which only a person can be entitled to receive the status of a partic- ipant in hostilities. The tasks, powers and composition of the Commission on the consideration of materials on the recognition of combatants by the Security Service of Ukraine are disclosed. The author made suggestions on the improvement of sub-normative legal acts, which at the departmental level regulate the question of obtaining the status of a participant in combat operations by the of- ficers of the Security Service of Ukraine.
Authors and Affiliations
Г. А. Гончаренко
Keywords
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