Problems of participants of anti-terorist operation to realization them legal guarantees
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 1, Issue 1
Abstract
In the article the problem of realization by participants of anti-terrorist operation them legal privileges was considered. A normative base of providing of such guarantees and the opinions of scientists was analysed. Suggestions about activation development of state and regional program for providing necessary for life terms of military were formulated. The relevance of the research topic is obvious. Many of us are concerned about the problems associated with the protection of the interests of their loved ones. Unfortunately, soldiers have to overcome significant problems to get the statutory exemptions. Here we have the imperfection of legislation and complex procedure of obtaining the status of participant of battle actions. The existent array of normatively-legal acts does not regulate all questions that touch providing of the marked persons their proper rights. These problems affect the qualitative composition of army, demotivate, generate discontent, and the like. Thus, the aim of our research work is the study of problems of implementation by the participants of the antiterrorist operation of their legal safeguards, the implementation of the provisions in the activities of relevant public organs and improvement of the current legislation of Ukraine on the basis of the scientific literature. Bureaucratic mechanism of granting status is the most serious drawback of the legislation, which reglamentary the procedure for obtaining benefits. To get the status, the fighter waits for the documents, will prepare the military part. This procedure can last even more than a month. Then another month looking at departmental Commission, and the same amount of time – interdepartmental. As a consequence, the documents legally may be considered a sufficiently long period of time. The appropriate authorities must consider these documents not more than 10-15 days. In our opinion, it is expedient to introduce such measures that will help the specified category of persons, quickly and fully realize their legal safeguards. One such activity is the creation of a single register of participants of ATO that will provide them and their families a decent level of guarantees (formation and introduction of database; establishing the status of combatants, giving the right to the corresponding benefits and compensation; ensuring the implementation of government rights of persons with disabilities-participants of the ATO; support for families of military personnel who died in the ATO area and the like). It is also necessary to revise the outdated scheme of formation of salaries of the military, to increase state funding for additional costs of the Ministry of defense of Ukraine on the payment of cash assistance to the families of the victims and to the wounded soldiers who took part in the ATO. To solve the housing problems we consider expedient to ensure the implementation of the pre-emptive right to housing to the families of servicemen-ATO participants who do not have their own housing, rent housing on commercial terms, live in hostels and the like. If we implement all these measures, would be more feasible the provision of adequate rights and legal safeguards of those people who truly deserve them.
Authors and Affiliations
Valeriy Bilichenko
Keywords
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