LEGAL GUARANTEES IN THE FIELD OF MINE ACTION: THEORETICAL APPROACHES AND PRACTICAL CHALLENGES

The article is devoted to a comprehensive analysis of legal guarantees in the field of mine action, which ensure the proper functioning of the subjects of this activity, protection of their rights and prevention of offences. Based on the analysis of scientific approaches, the author identifies several key aspects of legal guarantees: systemic nature, protective, functional and preventive functions. The author proposes a classification of legal guarantees in the field of mine action in the following areas: institutional and legal, operational and security, financial and economic, administrative and legal, international and social. Particular attention is paid to operational and security guarantees, in particular, insurance mechanisms, where legal gaps have been identified that pose risks to demining professionals and third parties. The author offers recommendations for clarifying legislative provisions and improving law enforcement practice in order to ensure the effectiveness of legal safeguards. The author proves that the current legislation in this area contains a number of legal conflicts and gaps – first of all, in the issue of mandatory insurance and guaranteeing long-term protection of affected persons. The author proposes to change the approach to the regulatory regulation of operational and safety guarantees, in particular, to clarify the competence of the National Mine Action Authority and to establish mandatory insurance coverage for all categories of employees. The practical significance of the study lies in the formation of a systemic vision of legal safeguards as an instrument of legal security, legal order and fulfilment of Ukraine’s international obligations in the field of mine action.