Legal support for the rights and freedoms of military personnel of the armed forces of Ukraine and persons discharged from military service: modern challenges and prospects

The article provides an analysis of the legal support for military personnel in Ukraine, where a armed conflict has been ongoing since 2014, and their pivotal role in safeguarding sovereignty and national security. It examines the core principles of legal regulation of the status of military personnel, as enshrined in the Constitution of Ukraine (Articles 17, 43), the Law of Ukraine «On Social and Legal Protection of Military Personnel and Members of Their Families» dated December 20, 1991, No. 2011-XII, and the Geneva Conventions of 1949, ratified by Ukraine. Emphasis is placed on the necessity of effective protection of the rights and freedoms of military personnel to maintain their motivation, social well-being, and moral-psychological state, which critically influence the functioning of the Armed Forces of Ukraine (AFU) amid a prolonged conflict. The study thoroughly highlights systemic issues: violations of the rights of prisoners of war, complications in prisoner exchanges due to political manipulations and lack of transparent mechanisms, inadequate social protection including delays in monetary payments, housing queues (despite allocated budget funding), post-traumatic stress disorder (PTSD) affecting a significant number of veterans according to the Ministry of Veterans’ Affairs of Ukraine, inefficiency of rehabilitation programs, discrimination against veterans in the labor market, and corruption and bureaucracy in the state. The low effectiveness of oversight in ensuring military rights is attributed to the dependence of the Military Law Enforcement Service on the AFU structure and the absence of independent supervisory bodies, undermining trust in the system. Proposed recommendations which include modernizing Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families” of December 20, 1991 No. 2011-XII with clear sanctions for payment violations, aligning with NATO and EU standards based on Poland’s experience, expanding rehabilitation centers, digitizing benefits via the «Diia» portal, establishing military ombudsmen and independent anti-corruption bodies, and enhancing educational programs for veterans (e.g., drawing on the U.S. GI Bill model with financial support). The article describe the importance of the International Criminal Court (ICC) for the investigation of war crimes. The author emphasizes that solving these problems is critical to strengthening Ukraine’s democracy and defense capabilities.