Fundamentals of protecting the rights of military personnel and their families during the war in Ukraine

The article examines the legal foundations of protecting the rights of military personnel and their family members under martial law in Ukraine. The purpose of the study is to identify key elements of the legal mechanism for ensuring the rights of defenders of Ukraine and their families, analyze current legislation, identify key problems in the implementation of the rights of military personnel, and formulate proposals for its improvement. In the process of the study, the main regulatory legal acts were analyzed, in particular the Constitution of Ukraine, the Laws of Ukraine “On Social and Legal Protection of Military Personnel and Members of Their Families”, “On the Status of War Veterans”, “On Mobilization Training and Mobilization”, the Labor Code and other documents, as well as relevant by-laws. It was found that despite the existence of legal guarantees, their implementation faces a number of problems: delays in payments, difficulties in accessing free legal aid, insufficient awareness of the families of the deceased, the lack of a single digital support portal, etc. Special attention is paid to law enforcement problems, namely, delays in granting benefits, difficulties in exercising the rights to treatment, rehabilitation, housing, and receiving compensation in the event of injury or death of a serviceman. The article also considers the issue of psychological support and legal assistance as an integral part of the protection of rights. The legal profession during the period of martial law was analyzed, and its role in ensuring the rights and freedoms of citizens, preserving the rule of law, and implementing the principles of the rule of law was determined. The conclusions emphasize that effective legal protection of military personnel is one of the key elements of the functioning of the rule of law in wartime. The guarantees provided for the defenders of Ukraine must not only exist in the legislation, but also be implemented quickly, fully, and without undue burden on the military themselves and their families. Of particular importance is constant cooperation between state authorities, local governments, human rights organizations, the legal profession, and international partners to create an effective, understandable, and accessible system of legal protection.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2025-10-02
DOI
https://doi.org/10.24144/2307-3322.2025.90.1.7
Primary Topic
Military, Security, and Education Studies
Type
article
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article

Fundamentals of protecting the rights of military personnel and their families during the war in Ukraine

N.V. Dobrenka, Vitalii Sydorenko, Yaroslav Novak
Uzhhorod National University Herald Series Law
Military, Security, and Education Studies
article

Fundamentals of protecting the rights of military personnel and their families during the war in Ukraine

N.V. Dobrenka, Vitalii Sydorenko, Yaroslav Novak
article en

Abstract

The article examines the legal foundations of protecting the rights of military personnel and their family members under martial law in Ukraine. The purpose of the study is to identify key elements of the legal mechanism for ensuring the rights of defenders of Ukraine and their families, analyze current legislation, identify key problems in the implementation of the rights of military personnel, and formulate proposals for its improvement. In the process of the study, the main regulatory legal acts were analyzed, in particular the Constitution of Ukraine, the Laws of Ukraine “On Social and Legal Protection of Military Personnel and Members of Their Families”, “On the Status of War Veterans”, “On Mobilization Training and Mobilization”, the Labor Code and other documents, as well as relevant by-laws. It was found that despite the existence of legal guarantees, their implementation faces a number of problems: delays in payments, difficulties in accessing free legal aid, insufficient awareness of the families of the deceased, the lack of a single digital support portal, etc. Special attention is paid to law enforcement problems, namely, delays in granting benefits, difficulties in exercising the rights to treatment, rehabilitation, housing, and receiving compensation in the event of injury or death of a serviceman. The article also considers the issue of psychological support and legal assistance as an integral part of the protection of rights. The legal profession during the period of martial law was analyzed, and its role in ensuring the rights and freedoms of citizens, preserving the rule of law, and implementing the principles of the rule of law was determined. The conclusions emphasize that effective legal protection of military personnel is one of the key elements of the functioning of the rule of law in wartime. The guarantees provided for the defenders of Ukraine must not only exist in the legislation, but also be implemented quickly, fully, and without undue burden on the military themselves and their families. Of particular importance is constant cooperation between state authorities, local governments, human rights organizations, the legal profession, and international partners to create an effective, understandable, and accessible system of legal protection.

Uzhhorod National University Herald Series LawVol. 1(90)
Max Planck Society (DE), Institute of Physics of the Slovak Academy of Sciences (SK)
Openalex Percentile: Top 61%
Military, Security, and Education Studies
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