Classification of Signs of Legal Regulation of Social Protection of Participants in Combat Operations
DOI:
https://doi.org/10.34015/2523-4552.2025.4.10Keywords:
legal regulation, social legislation, social protection, combatant, social rights, social securityAbstract
The article is devoted to a comprehensive study of the problem of classifying the features of legal regulation of social protection of combatants in Ukraine. The work emphasizes that in conditions of martial law, social protection of participants in hostilities acquires special importance as an institution of public law, as well as as an element of preserving the state's defense capability and consolidating society. It is emphasized that the legal regulation of social protection of participants in hostilities is formed in difficult conditions of instability of the regulatory framework and constant reforms, which necessitates the need for systematization and scientifically substantiated classification of its features.
The article analyzes scientific approaches to the characterization of the features of social protection of combatants. It is shown that multi-vector approaches prevail in the doctrine: from an emphasis on the specific subject composition and legal status of participants in hostilities to attempts to systematize the sources of social law and determine the features associated with the reform of the state system. Special attention is paid to the formation of the author's own classification of the features of legal regulation of social protection of participants in hostilities. A division into general features and special features is proposed. The general features of the legal regulation of social protection of combatants include: 1) normative-hierarchical; 2) institutional-organizational; 3) financial-budgetary; 4) principle-value; 5) international-legal. As for the special features of the legal regulation of social protection of combatants, they are as follows: 1) subject-legal; 2) status-guarantee; 3) element-structural; 4) rehabilitation-adaptation; 5) housing-compensation; 6) voluntary. The essence and significance of each of the above features of legal regulation of social protection of combatants are substantiated.
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