Деякі проблеми правового регулювання соціальної реабілітації дітей, які постраждали внаслідок воєнних дій та збройних конфліктів

Abstract

The article is devoted to revealing some problems of legal regulation of social rehabilitation of children who suffered as a result of military actions and armed conflicts, and development of proposals on improvement of social‐protection legislation and normative‐legal acts on labor protection. The author’s vision of the impact of the types of status of a child who suffered as a result of military actions and armed conflicts on the quality of the content, absence of payment for social rehabilitation measures guaranteed by the state. Analysis of the current social‐protection legislation and normative‐legal acts on children's protection allowed the author to determine types of official status of a child who suffered as a result of military actions and armed conflicts, according to which the state provides either comprehensive or partial social integration (rehabilitation): 1) "a person under the age of 18 who has received disability due to health damage in the territory of antiterrorist operation, carrying out measures to ensure national security and defense in Donetsk and Luhansk regions; 2) "a child who suffered as a result of military actions and armed conflicts"; 3) "a child with disability who suffered from explosive objects". According to these kinds of children's status, the state is obliged to carry out social rehabilitation of children at the legislative level. Also, the state has established additional types of children's status, which are also legally fixed in connection with military events in Ukraine since 2014. However, social rehabilitation issues for them are governed by the state in a fragmented manner, and greater powers to regulate these issues are transferred to local governments, which often lack funds from local budgets. Such types of children's status include: 1) "a child of internally displaced persons"; 2) "a child who is in the zone of military actions and armed conflicts". It is proposed to develop a comprehensive state program on social rehabilitation of children affected by military actions and armed conflicts at the legislative level, taking into account all their respective statuses, enshrined in the social protection and child protection legislation.