In the dissertation work the complex research of perfection of theoretical and legal positions was made, the formulation of offers concerning legal protection and maintenance of the rights of the child in the conditions of military operations in Donbass was carried out.
Arguments were given that the genesis, essence, concept and content of the legal status of the child are inextricably linked with the concept of "legal status of the person". It is noted: the legal status of the child is based on the content and essence of the legal status of the person, but its feature is that the legal status of the child should be understood as the same set of rights, freedoms and responsibilities as for the person, only special (specific) rights are valid until adulthood. It was also found that the social values of the legal status of the child are understood as the importance of practical and legal measures of the state in meeting the needs of children who are in the zone of military conflict and those who were displaced as a result of this conflict. They should have the status of a special category of children in need of protection of rights and freedoms in armed conflict, emphasizing that present realities create an environment in which the implementation of state policy to promote social values of the child's legal status requires immediate effective and real improvement.
The analysis of the international and domestic normative-legal potential concerning protection of the rights of the child during the military conflict in Donbass is carried out. It was found that a separate legislative act on the peculiarities of the protection of the rights of children affected by hostilities has not been adopted in the seven years of armed conflict in Ukraine. Amendments to the Laws of Ukraine "On Child Protection", "On Amendments to Some Laws of Ukraine on Strengthening Social Protection and Support of Families with Children" were analyzed, and it was found out that these changes do not fully regulate this legal situation. The essence of children's rights in Ukraine as a "new axiology" of democratic development in the context of globalization challenges is considered. It is determined that the axiology of law is generally understood as the positive role of law in meeting the needs of participants in public life. Based on this, it is emphasized that the rights of the child as a "new axiology" of modern democratic society should be understood as the ability of any society to satisfy the fundamental rights and freedoms of children to life, health, education, equal development as a guarantee of future development. It is studied that the rights of children who are in the territory of military conflict in the current conditions of globalization challenges in Ukraine are in contradiction with the real existing problems and are extremely vulnerable, exist due to imperfections and inadequacies of legal mechanisms for their protection.It was found out that in Ukraine there is still no document with a specific list of measures that would ensure the declared medical, psychological, pedagogical rehabilitation and social reintegration of children affected by hostilities and armed conflicts, this situation is new among the social and legal problems of our society. The concepts and algorithms of protection of children's rights are defined. Various multi-vector preconditions and factors of violation of children's rights and freedoms in the conditions of hybrid war in the East of Ukraine are revealed. Real responsibility for these crimes should fall under the notion of "war crimes" committed under aggravating circumstances and under the jurisdiction of an international military tribunal. The analysis of the international normative-legal potential in such a context testifies to the declarativeness of the adopted norms, the issues of protection of the rights of the child in the conditions of military conflict (hybrid war) are not considered in a specific statement. In the realities of the present maintenance of hybrid wars of various forms and methods, effective comprehensive measures involving all state and legal structures, mechanisms and instruments at the international level are not carried out, the evidenced of this is the hybrid war in Eastern Ukraine, which lasts eight years and every day the number of human casualties and severe consequences is only increasing and their continuation has irreversible systemic processes. It is analyzed in terms of various thematic areas and criteria that today the UN Security Council in matters of protection of rights, freedoms and guarantees of the child in military conflict has symbolic forms of influence on these negative processes. It is burdensome, regulatory mechanisms are affected by formality, declarativeness, the complexity of the processes, which creates irresponsibility and avoidance of criminal punishment of war criminals in the international military tribunal.
