Legal regulation of public administration bodies’ activity concerning exercise and protection of rights of members of ATO
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
One of the characteristic features of the current state of state formation is a formation of deep respect of civil society to persons who protect and defend the independence, sovereignty and territorial integrity of Ukraine, participating in anti-terrorist operations in Eastern Ukraine (hereinafter – ATO participants) which is objectified in appropriate legal regulation of their status. In this process, Ukraine has to implement international approaches and standards of construction of optimal legal models that would meet generally accepted system of human values and would be based on such international legal acts in this area as the Fourth Geneva Convention, which include the following universal international contracts and were signed on August 12th 1949. – Convention on treatment of prisoners of war, the Convention for the Protection of Civilian Persons in Time of War, Convention for the Amelioration of the Wounded and Sick in the regular army and the Additional Protocols of 8 June 1977. to the abovementioned Geneva Convention – Protocol №1, concerning victims of international armed conflicts and Protocol №2, relating to the protection of victims of armed conflicts not of an international character as soon as possible. Certain foundations of the legal status of ATO participants laid by Laws of Ukraine “On Military Duty and Military Service”, “On the Armed Forces of Ukraine”, “On Status of War Veterans, guarantees of their social protection”, “On social and legal protection of servicemen and their families “, “On defense of Ukraine “, “On combating terrorism”, “On the National Guard of Ukraine “,”On pension supplement of persons discharged from military service and certain other persons”, “ On the State border service, “Code of civil protection”, etc. . Except Verkhovna Rada of Ukraine, the subject of legal regulation in the studied area is the President of Ukraine, as evidenced by his numerous decrees. Legal regulation of public administration bodies’ activity concerning the implementation and protection of human rights of ATO participants is conducted by the Cabinet of Ministers of Ukraine. The importance of governmental empowerment in the mentioned field is manifested in the its approval of resolutions of the procedure for granting veteran status, disabled war veteran and member of the veteran’s family/ veteran who died (missing). State policy in the sphere of social protection of war veterans and participants of anti-terrorist operations, including the provision of their adaptation and psychological rehabilitation, provision of health-resort treatment, technical and other means of rehabilitation, housing of war veterans, provision of educational services, social and professional adaptation of persons exempting from military service, other participants of anti-terrorist operations and persons discharged from military service, organization of their funeral is conducted by the State Service of Ukraine for war veterans and participants of the anti-terrorist operation as a central executive body, whose activity is directed and coordinated by the Cabinet of Ministers of Ukraine through the Minister of social policy. The conducted analysis of legislation in the studied sphere allows us to make a conclusion that, firstly, legislator somehow distinguished combatants and servicemen, and people who finished participation in ATO and left conflict regions, concerning whom veteran social protection system should be applied to; secondly, the legal definition of “ATO participant” doesn’t exist, current Ukrainian legislation doesn’t divide it into the separate category, but likens to combatants. Author suggests using term “ATO participant” meaning veterans of war.
Authors and Affiliations
Liudmyla Kysil
Keywords
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