Zhuravlev M. V. Social protection of servicemen of the Armed Forces of Ukraine (2014–2018): historical and legal aspect. – Qualifying scientific work on manuscript rights.
Dissertation for obtaining the scientific degree of Doctor of Philosophy (PhD) in specialty 253 «Military Management (according to Services of the Armed Forces)» (Field of study 25 – Military Sciences, National Security, State Border Security). – National Defense University of Ukraine, the Ministry of Defence of Ukraine, Kyiv, 2023.
In the dissertation, a scientific analysis of the process of formation of the system of social protection of servicemen of the Armed Forces of Ukraine (2014–2018) was carried out and, based on the author’s model, the genesis of approaches to social protection of servicemen of the Armed Forces of Ukraine in the context of Euro-Atlantic integration was investigated.
Based on the results of the study, it was established that the system of legal and social guarantees for servicemen of the Armed Forces of Ukraine, war veterans and veterans of military service was functioning at the beginning of 2014, but it did not guarantee the full fulfillment of all constitutional rights and freedoms and the satisfaction of spiritual and material needs of servicemen to the full extent. A number of reasons contributed to this: from the unadapted legal framework of Ukraine on the social protection of servicemen to the conditions of a special period caused by partial mobilization and the implementation of anti-terrorist operation measures, the lack of a clear algorithm for the actions of officials regarding the implementation of the laws of Ukraine on the social protection of servicemen, to miscalculations in financial system during the planning of budget programs and their underfunding in the conditions of a special period in Ukraine.
The legal framework regarding the social protection of servicemen and granting them the status of a war veteran was not adapted to the conditions of the anti-terrorist operation and hostilities on the territory of Ukraine. The absence of a legal provision for persons who voluntarily joined resistance movements made it difficult to determine their legitimacy and military status. Accordingly, the volunteers fell under Article 260 of the Criminal Code of Ukraine regarding «Formation of illegal military formations» and found themselves outside the legal field of the state.
During the anti-terrorist operation on the territory of Donetsk and Luhansk regions, social protection of servicemen was organized, but there were legal inconsistencies, in particular, regarding the status of persons who performed managerial functions on behalf of the state and were endowed with relevant powers, which were not legally regulated.
Internal factors, such as political, social, economic and military, have played a negative role in the development of social protection for servicemen of the Armed Forces of Ukraine and their family members since the beginning of 2014. Due to rapid inflation during 2014–2018, there was a significant deterioration in the living conditions of servicemen of the Armed Forces of Ukraine, war veterans and persons equated to them, veterans of military service, which negatively affected the moral and psychological state of these persons, and required greater material and social support from side of the state.
Scientific research has established that the changes made to the Law of Ukraine «On Social and Legal Protection of Servicemen and Members of Their Families» during 2014–2018 are generally positive, but were introduced with some delay. These changes made it possible to provide a number of social and legal guarantees for military personnel on all types of leave (including during the legal regime of martial law); conclusion of contracts; release; lending; guarantees of financial support payments to members of military servicemen’s families; admission of children of military personnel to educational institutions with military physical training; preservation of housing and payment of monetary compensation for not receiving it; free psychological, medical and psychiatric rehabilitation of ATO participants; secondment of servicemen to state authorities; procedure and amounts of financial support; allowance for monthly additional payments; issue of one-time cash assistance (payment); indexation of monetary support; receiving benefits under the conditions of criminal enforcement measures; separate issues of food and physical support; the socio-legal status of some categories of servicemen is determined. Along with this, the legislator granted the social and legal status of military personnel to the employees of the State Service for Special Communications and Information Protection of Ukraine.
However, as a result of the changes introduced during 2014–2018, some problems regarding the provision of social guarantees to military personnel by the state remained unresolved.
