ON SOME ISSUES OF PROTECTION OF THE RIGHTS OF PERSONS WHO HAVE SUFFERED FROM RUSSIA’S MILITARY AGGRESSION AGAINST UKRAINE

Abstract

The article is devoted to the study of the problems of protecting social rights of persons who suffered from the military aggression of russia against Ukraine. Today, full-scale armed aggression is perhaps the most important cause of violations of human and civil rights and freedoms not only because it makes certain adjustments to the use of human rights, but also because it regularly causes material and moral harm to citizens, disrupting and destroying the normal way of life of Ukrainian citizens. It is determined that the state of protection of social rights of persons who suffered as a result of the military aggression of russia against Ukraine is not perfect either from the point of view of legislation or from the point of view of practice. The regulatory acts and practice of applying legislation regarding the specified category of persons are analyzed. The author emphasizes that the legislation does not define the categories of citizens who are the victims of the military aggression in Ukraine. The conclusion is made about the need for legislative consolidation of these categories in order to ensure non-discrimination and unification of social security and the provision of social services.It is emphasized that persons who have suffered from the russian aggression have the same constitutional status as other citizens, and laws and by-laws may be adopted in the light of expanding guarantees of observance of the rights of such persons, and not narrowing the content or scope of their rights. The differences in the social protection of persons displaced from the territories occupied before February 24, 2022 are identified. The measures are proposed for a unified approach to the social protection of persons who have suffered from the russian aggression against Ukraine in order to eliminate discrimination against this category of persons.The draft laws registered in the Verkhovna Rada of Ukraine are analyzed and their own proposals are made to improve the legislation on social protection of persons who suffered from military actions. In order to prevent discrimination against the persons located in the occupied territory of Ukraine, it is proposed to improve the mechanism for paying them pensions for the past time.The author proposes to establish the possibility of recognizing and confirming acts of civil status in an administrative manner that took place in the temporarily occupied territory. The need to define a clear approach of the state to the assessment of the work experience gained by a person in the occupied territory in other types of activities than those whose inclusion in the insurance experience is prohibited by the Law of Ukraine «On Amendments to Certain Laws of Ukraine on Regulating the Issue of Calculating the Insurance Experience and Provision of Pension» is emphasized. It is determined that such an approach is an important step in ensuring state guarantees of social protection of citizens who have become victims of armed aggression, and is aimed at restoring their rights and ensuring social justice.The need to create a modern system of social protection in Ukraine, focused on providing citizens with social rights and guarantees, supporting vulnerable groups of the population, in particular, persons who have suffered in connection with the military aggression of russia against Ukraine, is noted.