On the question of the legal basis of social security for participants in combat actions and war veterans
Authors: Sheverdina Victoria 
Published: June 2024

Problem setting. The relevance of this issue lies in the need for a comprehensive study and improvement of the system of social security for participants and war veterans, which is an important aspect of the social policy of any state. The problem of regulating the legal status and comprehensively ensuring the rights of persons performing military service duties arose with the emergence of this social group. At first glance, with all the legal certainty of the legal regulation regarding the definition of the concept of a war veteran, this issue is an extremely complex theoretical and legal problem that requires constant updating and updating in connection with changes in society and the state. In addition, proper social protection is an effective tool and motivation for persons participating in the protection and preservation of the territorial integrity of the state. The level of social protection of combatants affects the creation of appropriate conditions to ensure a decent standard of living, health, education and work for them. Analysis of recent researches and publications. The issue of creating an effective system of social protection of combatants (war veterans) in modern conditions is the subject of increased attention of scholars, the problems of social protection and mechanisms for its implementation were studied in their works by V. Skurativskyi, V. Vakulenko, N. Bolotina, L. Barannyk, O. Hordiinka and others, Gordienko E., Lavrukhinta and others; certain aspects of their legal status have been studied by such scholars as V. Bashtannyk, T. Bezverhnyuk, P. Vitko, V. Volyansky, M. Pylypchuk and others. Purpose of the research is to provide a theoretical and legal analysis of the concept of a war veteran, to summarize the current legal acts regulating social relations in the field of social protection of combatants and war veterans, and to define the legal status and peculiarities of social protection of this category of persons in the basic legislation of Ukraine. Article’s main body. This article examines the theoretical and legal basis for defining the concept and legal status of a war veteran, as well as some features of their social security. The relevance of this topic lies in the need for a comprehensive study and improvement of the legislation of Ukraine, which regulates the legal status of participants and war veterans and guarantees that they receive various types of support from the state. In the conditions of full-scale armed aggression of the Russian Federation against Ukraine, a large number of people defending their state become participants in hostilities, which leads to an increase in the special category of persons in need of social protection. Taking part in military operations, military personnel, due to the risk of injury or death in war, combat operations, armed conflicts and peacekeeping missions, have an indisputable right to enhanced state support and objectively rely more on the state in matters of protecting their social rights. Therefore, the state is faced with the challenge not only of providing the appropriate level of assistance to these persons, but also of constant updating and adaptation of the social security system to the conditions and needs of society. Thus, social security is key to the development of social policy for this category of population and will contribute to their effective support and full integration into society and improvement of their quality of life. The conclusions were reached that the formation of deep respect and support for persons who defended and defend the independence, sovereignty and territorial integrity of Ukraine is one of the most priority areas of the state’s social policy. Modern political, economic, and social demands of society pose tasks to the state that require urgent solutions and are of urgent importance for all spheres of life. Therefore, a significant number of studies are focused on solving theoretical and practical issues of legal regulation of social relations during the war and in the conditions of martial law on the territory of Ukraine. In these conditions, the issue of social and legal protection of persons who are participants in hostilities requires a detailed study. Attention should also be paid to the shortcomings of the legal regulation of social protection of combatants (war veterans) in Ukraine, mainly gaps in the normative regulation of the activities of authorized bodies responsible for ensuring these rights, lack of control over their implementation, provision of benefits to combatants, which actually have a declarative nature and create only the appearance of protection of these persons by the state. The creation of an effective system of social protection for combatants (war veterans) requires the development and implementation of appropriate regulatory and legal support, organizational, legal, socio-economic guarantees. Conclusions and prospects for the development. Today the state has formed a certain organizational, institutional and regulatory system of social protection. One of the achievements in the field of social protection is the regulatory consolidation of general procedures for organizing social protection of combatants and their families in terms of rights and freedoms, benefits and social guarantees, simplification of procedures for obtaining the status of combatant, improvement of financial and medical support. Despite the achievements, many legislatively unresolved issues remain relevant, such as the protection of the rights of families of deceased war veterans, some issues related to granting the status of war veteran combatant, reforming the system of benefits, creating an insurance mechanism, introducing standards of social services and procedures for their provision, adaptation and rehabilitation, etc. Unfortunately, the limited economic capacity of the state to meet defense needs, combined with irrational distribution of funding and inefficient use of available financial resources, negatively affects the level of material and financial support for combatants (war veterans). In such circumstances, further development of legal regulation of social protection of combatants in Ukraine is of priority importance. The Verkhovna Rada of Ukraine is considering a number of draft laws aimed at addressing these issues, but the speed of their consideration is extremely unsatisfactory. Therefore, the adoption of relevant laws that prescribe the mechanisms for exercising rights, state programs and procedures for allocating funds for the implementation of social policy to protect combatants and war veterans should be a priority for the state.