ABSTRACT

D. U. Mykytuk. Administrative-legal support for the status of a combatant in Eastern

Ukraine. - Qualifying paper according to the manuscript.

Thesis for a Doctor of Philosophy Ph.D. in law (081 Law specialty). - V. M. Koretsky
Institute of State and Law of National Academy of Sciences of Ukraine, Kyiv, 2021.

The thesis is devoted to the research of the administrative-legal status of combatants

in Eastern Ukraine and its support by public administration bodies. The characteristic
features of the special legal status of combatants in Eastern Ukraine are identified.
The specifics of the current state of legal and institutional support of the combatant in
Eastern Ukraine status are analyzed and the main directions of its improvement are
offered, taking into account the experience of foreign countries in this field.

The origins, features, and content of the "combatant" concept in international

humanitarian law, from which the "combatant" concept originates in Ukrainian law
are studied. It is emphasized that for a long time the Ukrainian legislators ignored the
legal regulation of the status of combatants from volunteer formations that were not
included in the Armed Forces of Ukraine, military and Ukrainian law enforcement
structures, formed according to the laws of Ukraine. It is proposed to simplify the
procedure for witness testimony as the ground for obtaining the combatant in Eastern
Ukraine status.

The correlation of the "combatant" concept with the concepts used with the direct
combatants of the armed conflict in Eastern Ukraine - an Anti-Terrorist Operation
participant, a Forces Operation participant, a war veteran. It is stated that a person is
recognized as an Anti-Terrorist Operation / Joint Forces Operation participant at the
time of their stay in the combat zone and until they receive the combatant status. At
the same time, it has been proved that after obtaining combatant status, a combatant
and a war veteran shouldn’t be equated. In foreign countries, these statuses overlap,
however, according to the current laws of Ukraine, the latter concept is a collective
concept, which, in addition to combatants, also includes war participants and persons
disabled in war.

The positions of scientists regarding the understanding of the legal and

administrative-legal support concept are analyzed, based on which it is proposed to
consider the aforementioned administrative-legal support of combatant status as the
activities of public administration bodies regulated by regulatory acts, aimed at
creating adequate conditions for the acquisition and implementation of combatant
status in Ukraine.

It is proved that the administrative-legal status of “a combatant in Eastern Ukraine” is

specific, caused by the direct involvement of a person in the Anti-Terrorist Operation
or measures taken to ensure national security and defense from the armed aggression
of the Russian Federation in the Donetsk and Luhansk regions of its implementation
and is implemented in relations with public administration bodies. It is emphasized
that the special legal status of combatant in Eastern Ukraine consists of the rights and
guarantees of their implementation, currently, there is only one duty. It is determined
that a serviceman legal status and a combatant legal status are different special legal
statuses of a person that they may carry at the same time or only one at a time.

The dependence of the scope and peculiarities of the implementation of the rights of a
combatant in Eastern Ukraine on whether the said person is a citizen of Ukraine, a
foreigner or a stateless person by their general legal status is characterized. The
emphasis is also placed on the gaps in the current laws on preferential support for
foreigners and stateless persons who served in the National Guard of Ukraine, the
amendments to the Law of Ukraine "On Military Duty and Military Service", the Law
of Ukraine "On Citizenship" and the Law of Ukraine "On the legal status of
foreigners and stateless persons" are proposed.
The experience in administrative and legal support of the combatant status in Georgia
and the Republic of Moldova, which, like Ukraine, was under the military aggression
of the Russian Federation, as well as Great Britain, the United States, Canada,
Australia, and New Zealand, has been studied. Based on the foreign experience
analysis, it is proposed to exclude "participants in the war" from the "war veterans"
category and to include the "participants in the war" in the category of persons
covered by the Law of Ukraine "On the status of war veterans, guarantees of their
social protection".

The system and duties of public administration bodies that ensure the administrative
and legal status of a combatant in Eastern Ukraine are generalized. There are three
groups of public administration subjects depending on their performance of public
administration functions: subjects that are part of the system of executive bodies
(Cabinet of Ministers of Ukraine, ministries, other executive bodies) and subjects with
delegated executive powers (civil-military administrations); local governments;
entities created by public authorities that do not belong to any branch of government
but participate in ensuring the status of combatant in Eastern Ukraine (commissions
for the consideration of materials on the recognition of combatants in Eastern Ukraine
as part of the legitimate military and law enforcement structures of Ukraine).

A comprehensive analysis of the institutional mechanism for ensuring the rights of a

combatant in Eastern Ukraine has revealed the need to optimize the system of public
administration. In particular, in connection with the powers of the Ministry of
Veterans Affairs of Ukraine as a leading body in the system of central executive
bodies that ensures the formation and implementation of state policy in the field of
social protection of war veterans, there is a need to review the expediency of the
Presidential Commissioner combat operations, the Advisory Council for War
Veterans, the families of deceased defenders of Ukraine under the President of
Ukraine and assistance centers for the Anti-Terrorist Operation participants. The
solutions to the said problems are proposed.

Taking into account the Concept of optimization of the system of central executive
bodies, it is proposed to exclude the functions of implementing state policy from the
powers of the Ministry of Veterans Affairs of Ukraine (keeping a register, functioning
of the interdepartmental commission on consideration of materials on combatants and
one-time payouts in case of a disability or death of a volunteer combatant and some
other categories of persons according to the Law of Ukraine “On the Status of War
Veterans, Guarantees of Their Social Protection”) and the Ministry of Social Policy of
Ukraine (in terms of maintaining a register of benefits for combatants in Eastern
Ukraine) keeping the function of state policy formation in the researched area. It is
proposed to resume the functioning of the State Service of Ukraine for War Veterans
and Anti-Terrorist Operation Participants and to assign it with the functions of state
policy implementation in the field of social protection of war veterans, persons with
special merits before the Motherland, victims of the Revolution of Dignity that are
under the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social
Protection”.

It is generalized that legal regulation of the functions of public administration bodies

to support the status of a combatant in Eastern Ukraine is carried out mainly at the
level of bylaws. A significant cluster of law-making military and law enforcement
structures established according to the laws of Ukraine regulates the procedure for
granting and revoking the status of a combatant in Eastern Ukraine, as the vast
majority of combatants in Eastern Ukraine are servicemen participating in the Anti-
Terrorist Operation/Joint Forces Operation. It is offered to introduce a proactive
position model of public administration bodies in granting the status to combatants in
Eastern Ukraine.
It is established that the legal support of social protection is carried out mainly at the
local level, and the introduction of decentralization provides for the right of local
executive bodies and local governments to establish additional rights and guarantees
for combatants in eastern Ukraine.

The bills under consideration by the Verkhovna Rada of Ukraine are analyzed, in
view of which it is proposed to change the circle of persons that belong to war
veterans and covered by the laws on war veterans, update the list of benefits provided
to combatants in Eastern Ukraine and to introduce the monetization procedure of any
privilege or benefit at the request of a combatant in Eastern Ukraine. In this regard,
amendments to the Act No. 3551 of 22 October 1993 “on the status of war veterans
and guarantees of their social protection” were proposed.

The need to consolidate a comprehensive approach to the professional adaptation of

combatants in Eastern Ukraine in the period after returning from the combat zone at
the legislative level by developing a state target program for professional adaptation
of these persons is substantiated.

Proposals to amend the Resolution of the Cabinet of Ministers of Ukraine No. 1057
“On Approval of the Procedure for Psychological Rehabilitation of Victims of the
Revolution of Dignity, the Anti-Terrorist Operation Participants and Persons Who
Took Measures to Support National Security and Defense, Repel and Restrain Armed
Aggression of the Russian Federation in Donetsk and Luhansk oblasts” in order to
consolidate the psychological rehabilitation of participants in hostilities in eastern
Ukraine during the first year after the return of a person from the area of Anti-
Terrorist Operation / Joint Forces Operation; and to the Order of the Ministry of
Veterans Affairs of Ukraine “On approval of Requirements for subjects of
psychological rehabilitation services” No. 245 by involving military chaplains as the
subjects of psychological rehabilitation services, granting them the status of a
combatant of war according to the Law of Ukraine “On the status of war veterans,
guarantees of their social protection ”, as specialists in psychological rehabilitation.

Keywords: combatant in Eastern Ukraine, war veteran, Anti-Terrorist

Operation/Joint Forces Operation participant, administrative-legal status, special legal
status, administrative-legal support, institutional support, legal support.