The issue of legal framework of the notion of «participant in h ostilities» in the East of Ukraine
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
Events that take place in the South of Donetsk and Luhansk regions with the participation of the Russian Federation cause the urgent need to review the current legislation of Ukraine in the military sphere, and to develop the appropriate legislation for regulation of the status of combatans. The article focuses on the scientific and theoretical analysis of the regulatory framework of the notion of «participant in hostilities» in the East of Ukraine in the country’s legislation. In addition, was analyzed the correlation between the notions of «participant in hostilities» and «participant in antiterrorist operation»; and also was investigated the range of people who are given the status of participant in hostilities. In the article was proved that «participant in antiterorristic operation» is rather a philological notion than a legal one, despite the fact that in such formulation it is present in the name of State service of Ukraine in the affairs of veterans of the war and participants in antiterrorist operation which is the main specialized coordinating body of the country in the system of executive bodies. In the paper was proved that the Legislator left out the attention of the category of people who are members of volunteer groups, which participate in the United Nation military operation, but who are not included neither in the military and law-enforcement formations of Ukraine that formed in accordance with the laws of Ukraine; nor to volunteer organizations that are subsequently included in the Armed Forces of Ukraine and other military and law enforcement units. As a result, such combatants face problems with the implementation of their rights on the primary stage of identification themselves as combatants after return from hostilities. Finally, in the paper was offered to unify the legal acts for the elimination of conceptual dissonance between the notions «the participants in antiterrorist operation» and «the participants in hostilities», as well as to regulate the mechanism of determination of unknown amount of people from volunteer groups as participants in hostilities that participated in antiterrorist operation in order to bring the Ukrainian legislation in accordance with international standards, to increase their effectiveness and combat capability in the hostilities.
Authors and Affiliations
Diana Mykytiuk
Keywords
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