Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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197402ZU34
ppi 201502ZU4645
Vol.41 N° 76
Enero
Marzo
2023
Recibido el 11/11/22 Aceptado el 03/01/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
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Vol. 41, Nº 76 (2023), 222-240
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Realization of social rights of Ukrainian
citizens under martial law
DOI: https://doi.org/10.46398/cuestpol.4176.12
Olha Burlaka *
Tetyana Parpan **
Danylo Leshchukh ***
Iryna Lasko ****
Svitlana Pylypenko *****
Abstract
A scientic analysis of the mechanism of realization of social
rights of Ukrainian citizens in the conditions of martial law was
carried out: for social protection, for housing, for a sucient
standard of living. The place of social rights in the system of
human rights, their legal regulation and mechanisms for ensuring
them are determined. It was concluded that there are such types
of social protection of the family, childhood, maternity and
paternity as social assistance, social services and social benets. In addition,
the general principles and legal regulation of family and child protection
in Ukraine are dened, the main directions of transformations aimed at
ensuring rights in the social sphere are described. In particular, the state
guarantees of compliance with the rights, freedoms and legitimate interests
of internally displaced persons displaced by war were analyzed. Finally, it
was noted the presence of consolidated approaches to judicial practice in
the eld of family relations, in particular, in terms of the primacy of the
principle of the best interests of the child.
Keywords: social rights; social protection; family relations; internally
displaced persons; right to housing.
* Doctor of legal sciences, Professor of the Department of Civil and Legal Disciplines of the National
Academy of Internal Aairs, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0003-3080-3165
** Doctor of Law, Docent of the Department of social law of the Ivan Franko National University of Lviv,
Lviv, Ukraine. ORСID ID: https://orcid.org/0000-0002-3151-0180
*** Doctor of Law, Docent of the Department of social law of the Ivan Franko National University of Lviv,
Lviv, Ukraine. ORСID ID: https://orcid.org/0000-0003-0635-0143
**** Doctor of Law, Docent of the Department of social law of the Ivan Franko National University of Lviv,
Lviv, Ukraine. ORСID ID: https://orcid.org/0000-0002-8303-7161
***** Candidate of Legal Sciences, Professor / Professor of the Department of Civil Law Disciplines, National
Аcademy of Internal Aairs; Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0002-3346-3840
223
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 222-240
Realización de los derechos sociales de los ciudadanos
ucranianos bajo la ley marcial
Resumen
Se llevó a cabo un análisis cientíco del mecanismo de realización de
los derechos sociales de los ciudadanos ucranianos en las condiciones de
la ley marcial: para la protección social, para la vivienda, para un nivel
de vida suciente. Se determina el lugar de los derechos sociales en el
sistema de derechos humanos, su regulación jurídica y los mecanismos
para garantizarlos. Se concluyó que existen tipos de protección social de
la familia, la infancia, la maternidad y la paternidad como la asistencia
social, los servicios sociales y las prestaciones sociales. Además, se denen
los principios generales y la regulación legal de la protección de la familia
y la infancia en Ucrania, se describen las direcciones principales de las
transformaciones destinadas a garantizar los derechos en la esfera social.
En particular, se analizaron las garantías estatales de cumplimiento de los
derechos, libertades e intereses legítimos de los desplazados internos por la
guerra. Finalmente, se ha constatado la presencia de enfoques consolidados
de la práctica judicial en el campo de las relaciones familiares, en particular,
en cuanto a la primacía del principio del interés superior del niño.
Palabras clave: derechos sociales; protección social; relaciones
familiares; desplazados internos; derecho a la vivienda.
Introduction
The problem of ensuring respect and observance of human rights is
of great importance in the modern world and in Ukraine in particular.
Ensuring human rights and freedoms is not only an internal matter, but the
goal of the entire world community, for which the doctrines and standards
of human rights and freedoms are a problem of a global nature. Human
rights and freedoms are those universal legal values that are characterized
by the establishment of uniform international legal standards in the eld of
protection of individual rights (Krasnov, 2004).
In the conditions of local armed conicts and wars, which have recently
been taking place in various parts of the world, the issues of development
and protection of basic human rights and freedoms are becoming more and
more important. Their aggravation is felt especially in the social sphere.
The peculiarity of social rights is that they are targeted and implemented
in individual and collective forms. Ukraine, as a welfare state, is obliged to
perform a social function: to protect people’s work and health, to establish
a guaranteed amount of wages, to provide state support for the family,
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Olha Burlaka, Tetyana Parpan, Danylo Leshchukh, Iryna Lasko y Svitlana Pylypenko
Realization of social rights of Ukrainian citizens under martial law
the elderly and persons with disabilities, to develop the system of social
services, to establish state pensions , benets and other guarantees of social
protection.
Such a function of the state is aimed at mitigating and overcoming
such diculties of the current transitional period as poverty, deepening
inequality and growing unemployment; on the stabilization of the standard
of living of the population and a more even distribution of the weight of
economic troubles between dierent groups of the population.
Special attention in this sector of issues and provisions should be paid to
the implementation of constitutional social rights: the right to work (Article
43); for social protection (Article 46); for housing (Article 47); to a sucient
standard of living for oneself and one’s family (Article 48); on health care,
medical assistance and medical insurance (Article 49) (Constitution Of
Ukraine, 1996).
In this regard, theoretical and practical questions related to the
recognition and protection of social rights of citizens, and, rst of all,
of such a category as internally displaced persons, are topical issues of
jurisprudence.
1. Methodology of the study
The study of mechanisms for ensuring the social rights of Ukrainian
citizens under martial law is based on the use of the principle of the unity of
theory and practice, forecasting the development of socio-political and legal
processes based on the application of the method of scientic abstraction.
To achieve the goal and solve the tasks of the scientic article, the
following methods of scientic research were used: the dialectical method
(when studying the prerequisites for the formation and development of the
system of social protection of citizens); historical-logical method (when
studying the content and evolution of the «category social protection of
the person»); system-structural (when studying the transformation of
the system and structure, object-subject parameters of social protection
of the population, determining the institutional and structural-functional
characteristics of its components); analysis and synthesis (when studying
trends and problems of social protection of the population, internally
displaced persons, criteria and performance indicators of institutional
protection mechanisms and mechanisms for ensuring a decent standard of
living of socially vulnerable categories of the population).
The method of quantitative and qualitative comparisons (when
assessing the state of social security of certain categories of persons); expert
assessments and forecasting (when substantiating the strategic directions
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of reforming the Institute of Social Protection of the Population, improving
institutional mechanisms for providing social benets to internally
displaced persons); statistical and graphic methods (during processing and
summarization of statistical data and their display in tables and diagrams).
The normative and legal acts of Ukraine, acts of international law and the
work of scientists on the selected issues became the source and statistical
base of the scientic article.
2. Analysis of recent research
Legal scholars and practitioners have conducted many studies devoted
to social human rights, in particular in the comparative legal aspect with
international standards (Krasnov, 2008; Shevchenko, 1998; Gretchenko,
2022a; ShevchenkoBitenska, 2015; Nikyforenko, 2015; Turuta, 2014;
Yaryhina , 2019; Romanova, 2022; Lopushnyak, 2011, etc.). However, basic
social rights as a separate phenomenon in the system of human rights in the
new socio-economic realities in the conditions of war were not specically
investigated by branch sciences in Ukraine.
Due to the constant change in the socio-political situation, the
imperfection of legal regulation, the branches of government, their
interaction and functioning, which is connected with the war on the territory
of Ukraine, recently the scale of violations of the right to social protection,
to work, to housing, to sucient standard of living, health care and quality
medical care.
The purpose of this article is to determine the place of social rights
in the system of human rights and freedoms, legislative regulation and
mechanisms of their provision in the modern Ukrainian state.
Table. Introduction of state institutes of social insurance and social security in
economically developed countries of the world
Types of social
security
Great
Britain
France Italy Germany Canada Sweden
Years
Pension
insurance and
provision
1908 1910 1919 1889 1927 1913
Social insur-
ance in con-
nection with
illness
1911 1930 1943 1883 1971 1910
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Olha Burlaka, Tetyana Parpan, Danylo Leshchukh, Iryna Lasko y Svitlana Pylypenko
Realization of social rights of Ukrainian citizens under martial law
Assistance to
families
1945 1932 1936 1954 1944 1947
Unemployment
insurance
1911 1967 1919 1927 1940 1934
Medical
insurance and
provision of
free medical
care
1948 1945 1945 1880 1972 1962
Insurance
against acci-
dents at work
1906 1946 1898 1884 1930 1901
Source: authors’ elaboration.
3. Results and discussion
After the signing in 2014 of the Association Agreement between Ukraine
and the European Union, the European Atomic Energy Community and
their member states, on the other hand, Ukraine conrmed the choice
of the European vector of development, which should be the basis of the
state policy of ensuring the fulllment of obligations human rights issues.
Also, according to the Guiding Principles of the United Nations, one of the
main responsibilities of the state is to raise the level and quality of life of
the population, care and concern for those who need help, in particular,
families with children and children.
In view of the European integration, most spheres of life are being
reformed in Ukraine, including the social protection of the population. The
war in Ukraine actualized the need to increase social guarantees for such
categories of persons as military personnel, war veterans, mothers and
children, internally displaced persons, etc.
Reforming the sphere of social protection is impossible without
improving or making corrections to national legislation in order to bring
it into line with current international acts, since the perfection of the legal
mechanism means its ability to provide for these needs (Turuta, 2014). At
the same time, it should not be denied that it is a comprehensive approach
to the implementation of state policy in this direction that will contribute to
the quality provision of social and other state-guaranteed rights of citizens.
In this regard, we also share the point of view of some scientists that from
the standpoint of state administration, when developing and adopting acts
aimed at increasing the eectiveness of both state policy regarding children
in Ukraine and its implementation, it is appropriate to use the term «social
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and legal protection of children», which has two aspects: 1) social protection
of children (provision of social assistance, pensions, social benets, social
services, etc.); 2) legal protection of children (Yaryhina, 2019).
3.1. Explanation of the terms used in the scientic article
One of the important directions of state policy in the eld of social
protection of the population is the establishment of appropriate social
guarantees, which are the minimum amounts of wages, citizens’ incomes,
pensions, social assistance, amounts of other types of social benets,
determined by laws and other regulatory acts, established by law , which
provide a standard of living not lower than the subsistence minimum.
We share the point of view of scientists who note (Lopushnyak, 2011)
that the concepts of «social protection» and «social security» are not
identical, since «social protection» is broader in scope and includes social
insurance, social standards and population guarantees and social security
as components.
Speaking about the content of the concept of «social protection», it is
possible to state the existing variety of approaches to its interpretation both
at the regulatory level and at the level of legal doctrine. In particular, the
International Labor Organization denes social protection as general basic
social support for all citizens, regardless of their contributions or the length
of their work experience (92).
In the Resolution of the Board of the Pension Fund of Ukraine
dated 03.03.2021 № 8-1 «On the approval of the Procedure for the
implementation of the experimental project for the implementation of the
functions of the rst phase of the Unied Information System of the Social
Sphere», social protection is understood as the provision of social benets,
benets, services, measures by social protection institutions and other
guarantees provided for citizens by law, at the expense of state and local
budgets, the Pension Fund of Ukraine, mandatory state social insurance
funds, international technical assistance and other sources not prohibited
by law (Queues Of The Unied Information System Of The Social Sphere,
2021).
Social protection, as a legal category, is also enshrined in the provisions
of Art. 46 of the Constitution of Ukraine, which provides for the right of
citizens to social protection, which includes the right to support them
in case of total, partial or temporary loss of working capacity, loss of a
breadwinner, unemployment due to circumstances beyond their control,
as well as in old age and in other cases provided for by law (Constitution Of
Ukraine, 1996).
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Olha Burlaka, Tetyana Parpan, Danylo Leshchukh, Iryna Lasko y Svitlana Pylypenko
Realization of social rights of Ukrainian citizens under martial law
Thus, the social protection of the population is a multifaceted system of
economic, legal and social guarantees of realization of the most important
social rights of every member of our society, regardless of their place of
residence, work capacity, gender, age, interconnected with all legislative and
executive decisions of dierent levels. In a broad sense, social protection is
a system of organizational, legal and economic measures to ensure the basic
social rights of a citizen in Ukraine
We believe that the types of social protection of the family, childhood,
motherhood and parenthood should include: social assistance; social
services (material assistance and social services); social benets.
Analyzing the shortcomings and advantages of the understanding of
social assistance by scientists and practitioners, we suggest that state social
assistance, as one of the types of social protection of the family, childhood,
motherhood and parenthood, should be interpreted in the following two
aspects: as a type of social activity of authorized state and social bodies; as
monetary payment and assistance in kind.
State social assistance, as one of the types of social protection of the
family, childhood, motherhood and parenthood, should be understood as
the type of social activity of authorized state and social bodies, which is
aimed at ensuring an adequate standard of living for families with children,
large families, single-parent and low-income families, orphans and children
deprived of parental care, disabled from childhood and disabled children by
making one-time, periodic or monthly payments in the amount determined
by current legislation, with the aim of increasing their income level and
overcoming or mitigating relevant social risks ( poverty, orphanhood,
disability, etc.), as well as dicult life situations in which the corresponding
category of people found themselves.
Like any legal phenomenon, state social assistance to families with
children, large families, single-parent and low-income families, orphans
and children deprived of parental care, disabled from childhood and
disabled children is endowed with its own characteristics, which should
include such: address, target character; monetary and in-kind form;
alimony character; mostly nancing at the expense of the state budget in
the form of subventions to local budgets (except for women regarding the
payment of assistance in connection with pregnancy and childbirth; military
servicemen and law enforcement agencies, etc. – at the expense of the
relevant budgets); provision of state social assistance to certain categories
of citizens, regardless of whether they have other income (child support
for single mothers, support after the birth of a child, etc.); limitation of the
appropriate duration of the payment of assistance.
The most widespread in science is the denition of social rights as those
that provide a person with a decent standard of living and social security.
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As the scientic literature emphasizes, today it is undeniable that for a
person who does not have minimum social security and well-being, most
political rights are an «empty place» (Turuta, 2014). Thus, social rights can
be dened as the legally dened capabilities of a person, which determine
his right to work, education, rest, normal working conditions, medical care,
pension, etc.
States that seek to recognize them as democratic, legal and social have
politically recognized and legally protected these rights, enshrining them
at the constitutional level. In particular, the Constitution of Ukraine of
1996 contains a system of social rights of a person and a citizen, which
include: 1) the right to work (Article 43), by which the state guarantees
equal opportunities in choosing a profession and type of work, the right to
a salary not lower than from dened by law; 2) the right to social protection
(Article 46), i.e. the state guarantees the provision of sucient funds or
assistance to citizens who, due to objective circumstances, have completely
or partially lost the opportunity to work and receive remuneration for work,
as well as to families in connection with birth and upbringing of a child.
For this purpose, mandatory state social insurance, budgetary and other
sources of social security are provided; a network of state, communal, and
private institutions is created to care for disabled, internally displaced
persons as a result of the war, etc.; 3) the right to housing (Article 47); 4) the
right to a sucient standard of living for oneself and one’s family (Article
48), which includes sucient food, clothing, and housing. Of course,
disabled citizens (persons with disabilities, pensioners), families with
children, single mothers and some other categories of low-income citizens
are provided with state aid and benets to equalize their incomes; 5) the
right to health care, medical assistance and medical insurance (Article 49)
(Constitution Of Ukraine, 1996).
3.2. General concept of family and childhood protection in
Ukraine
The family, as a social phenomenon that has developed in society, is very
important for every individual, and in society itself constitutes a generally
recognized social value (Shevchenko, 1998), it is the main center of society
and plays a key role in social development The family has the right to
comprehensive protection and support (Copenhagen Declaration On Social
Development, 1995), and its protection is dened at the constitutional level
(Part 1, Article 46) (Constitution Of Ukraine, 1996).
Social protection is one of the priority tasks of Ukraine, the purpose
of which is to support people who have found themselves in dicult life
circumstances, to raise and ensure the appropriate standard of living of
both individual families and the population as a whole, by providing social
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Olha Burlaka, Tetyana Parpan, Danylo Leshchukh, Iryna Lasko y Svitlana Pylypenko
Realization of social rights of Ukrainian citizens under martial law
benets, social and rehabilitation services , introduction of various benets,
compensations, establishment of guarantees, social work with families,
children and youth, etc. (Burlaka, 2015).
The Constitution of Ukraine, the Family Code Of Ukraine and the Law
of Ukraine «On the Protection of Childhood» determine the key principles
of family relations and the priority of the best interests of the child: family,
childhood, motherhood and parenthood are protected by the Constitution of
the state; equality of rights and duties of father and mother in relation to their
children, responsibility for non-fullment and evasion of parental duties;
the main concern and the main duty of parents is to ensure the interests
of their child; each parent has the same responsibility for the education,
training and development of the child; parents or persons replacing them
are responsible for violating the rights and limiting the child’s legitimate
interests in health care, physical and spiritual development, education,
failure to fulll and evasion of parental duties in accordance with the
law (Constitution Of Ukraine, 1996; Family Code Of Ukraine, 2002; On
Childhood Protection, Law Of Ukraine, 2001).
The dening characteristic of the social law of families with children and
children is the property nature, which is manifested in the ability to receive
material assistance and social services, if a certain dicult or extraordinary
situation has arisen, in order to overcome it or reduce the degree of negative
impact.
Today, problematic aspects of family disputes mainly concern such issues
as: alimony obligations; participation in upbringing and education of the
child; obstacles in communication with the child to a friend of the parents
or other relatives; grounds and mechanisms for returning children taken
abroad by one of their parents or another family member after 24.02.2022,
evacuated and forcibly relocated children to the Russian Federation.
Emphasizing the grounds of family legal responsibility, it is expedient
to emphasize that deprivation of parental rights over a child is an extreme
measure of inuence.
Considering the possibility of deprivation of parental rights, in the case
of one of the parents staying in a temporarily uncontrolled territory and
self-removal from participation in raising children and providing them
with assistance, it should be noted that the residence of one of the parents
in the uncontrolled territory of Ukraine destabilizes the socio-economic
situation in such regions, the limited inuence and control of the Ukrainian
authorities on the situation and the impossibility of fully supporting
residents in dicult circumstances can really aect the ability to properly
fulll parental duties.
It is important that, under such circumstances, the parents maintain
understanding, ensure a break in ties, and take every possible action and
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CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 222-240
attempt to communicate with the child. Parents’ evasion of their duties
occurs when they do not take care of the child’s physical and spiritual
development, his education, preparation for independent life, and do not
create conditions for him to receive an education. The mentioned factors,
both individually and in combination, can be considered as evasion of
raising a child only if the parents deliberately neglect their responsibilities.
In the conditions of war, a mechanism for providing social services to
internally displaced persons (residential institutions for the social protection
of the population, stationary branches of territorial centers of social
services, centers for the provision of social services) has been developed at
the state level in an emergency (crisis), which consists in the coordination
of the services involved in this, to solve current issues regarding receiving
clothes, food, transport, consulting services, psychological support, care
(Sulima, 2022).
Also, in view of the state of war, the government simplied the criteria
for the activities of social service providers. In particular, they can now
engage workers and volunteers who do not have documents conrming
their professional level. The government included volunteers in the circle
of subjects who can identify persons in dicult life circumstances and those
who need outside help (Sulima, 2022).
In our opinion, in the eld of social protection, the following main
directions of transformation aimed at ensuring rights in the social sphere
should be outlined: the introduction of universal social assistance, to
replace the extensive system of social payments, which will depend on the
level of income and the composition of the household, and will guarantee
the minimum necessary for life level, rst of all, inoperable, which will
ensure maximum addressability, simplied administration, digitalization
and further verication; development of the Unied Information System
of the social sphere with the aim of providing citizens with the accruals
and payments of social benets from the most aected regions thanks to a
centralized mechanism; quick registration of internally displaced persons,
remote registration of social benets; implementation of active programs of
employment and development of entrepreneurship, which will contribute
to the gradual change of the status of persons from unemployed immigrants
who receive social assistance to taxpayers who will create new jobs.
Given the requirements for the volume of relevant scientic research
manuscripts, in the following subsections of the article we will focus on the
scientic and practical analysis of individual rights of the family and child
to social support, assistance and protection, as well as on social guarantees
of internally displaced persons.
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Realization of social rights of Ukrainian citizens under martial law
3.3. State guarantees of compliance with the rights, freedoms
and legitimate interests of internally displaced persons
The introduction of martial law in Ukraine became a huge challenge
for the social sphere, and the damage caused by the war - psychological,
material, physical - is one of the factors that negatively aect life. First
of all, those who are in dicult life circumstances cannot take care of
themselves, who have lost housing, work, health, families with children.
Currently, the number of people who need the help of social workers has
increased signicantly, which necessitates the prompt adjustment of the
social services system (Sulima, 2022).
It is the duty of the state to create a nancial base and organizational
structures for citizens to realize their constitutional rights: to work and
to social protection. All of the above is particularly relevant for citizens
of Ukraine given the fact that today millions of citizens are considered
internally displaced, and therefore need urgent social and legal protection
(especially for families with children), support from the state.
We will pay attention to such important issues as the status of an
internally displaced person, the order of its acquisition and accounting;
legal aid, social support and compensation payments; rights and obligations
of internally displaced persons. We will outline the legal guarantees and
practices of ensuring the rights of children from among internally displaced
persons, paying them state aid in case of displacement accompanied by
persons who are not legal representatives, exercising the right to education
and medical care of minors in conditions of martial law.
Particular attention should be paid to the legal principles and practice
of registering citizens who have changed their place of residence in order
to obtain the status of an internally displaced person (hereinafter referred
to as IDP), the mechanism of issuing a certicate of IDP registration as
a mandatory document for further implementation by individuals special
powers based on acquired status.
To obtain an IDP certicate (an adult or a minor - in person, and a minor
child, incapacitated person or a person whose legal capacity is limited -
through a legal representative) submits an application for registration to:
the unit for social protection of the population at state administrations;
executive bodies of village, settlement, city councils; Center for the
provision of administrative services - through the Diya Portal. Persons
who, after the introduction of martial law by the Decree of the President
of Ukraine dated February 24, 2022 № 64 «On the introduction of martial
law in Ukraine», have the right to receive a certicate, have moved from the
territory of the administrative-territorial unit in which hostilities are taking
place and which is specied in the list, approved by the order of the Cabinet
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of Ministers of Ukraine of March 6, 2022 № 204 «On approval of the list
of administrative-territorial units, on the territory of which assistance is
provided to insured persons within the framework of the «eSupport»
Program.
The legislation enshrines the rights of internally displaced persons,
such as: family unity; assistance in nding and reuniting family members
who have lost contact due to internal displacement; information about the
fate and location of missing family members and close relatives; safe living
conditions and health; reliable information about the existence of a threat to
life and health in the territory of her abandoned place of residence; creation
of appropriate conditions for her permanent or temporary residence and
payment of the cost of utility services, assistance in moving her movable
property and assistance in returning to her previous place of residence;
provision of medicines and provision of necessary medical assistance;
placement of children in preschool and general educational institutions;
receiving social and administrative services at the place of stay; receiving
humanitarian and charitable aid and a number of others (Gretchenko,
2022a).
Taking into account the regulatory and legal changes, the following
people will be able to receive assistance for IDPs: citizens who have moved
from the territories where hostilities are taking place, or those who are
temporarily occupied or surrounded (blockade); citizens whose housing
is destroyed or uninhabitable due to damage, and who have submitted an
application for compensation, in particular through the Unied State Web
Portal of Electronic Services.
The state has established a number of guarantees for the specied
category of persons aimed at ensuring the realization of their basic social
rights. In particular, in order to employ these persons and provide them with
a decent standard of living, the state has established a special procedure
for terminating an employment contract with an employer located in
the occupied territory of Ukraine, as well as a simplied procedure for
registering a person as unemployed and receiving appropriate assistance.
Internally displaced persons are not subject to a probationary period
when they are hired (On Ensuring The Rights And Freedoms Of Internally
Displaced Persons Persons. Law Of Ukraine, 2014).
Also, to support IDPs, employers can, under certain conditions, receive
compensatory payments from the state for employing internally displaced
persons. (Law of Ukraine «On Population Employment»)
It is worth emphasizing the importance of the list of documents for
registering a child as an IDP as a prerequisite for the payment of state aid
and other social guarantees.
234
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Realization of social rights of Ukrainian citizens under martial law
The legal representative of an orphan child or a child deprived of
parental care, ocials who take measures to protect the rights of such a
child, in the event of the need to conrm or check the child’s personal data,
may obtain relevant information based on a written request to the Ministry
of Social Policy.
In the case of submitting an application for registration by a legal
representative of the person on whose behalf the application is submitted,
the following documents are additionally submitted: a document certifying
the identity of the legal representative; a document conrming the
person’s authority as a legal representative, except in cases where the legal
representatives are parents (adoptive parents); if necessary, a child’s birth
certicate (Gretchenko, 2022b).
In the case of submitting an application for registration of a minor child
by the head of a children’s institution, a health care institution or a social
welfare institution for children to which the child is placed, by a guardian,
custodian, adoptive parents or foster parents in the case of placement of
a child in a family of citizens under guardianship, guardianship, foster
family, family-type orphanage, relative (grandmother, grandfather, great-
grandmother, great-grandfather, adult brother or sister, aunt, uncle) or
stepfather, stepmother, in which the child lives (stays), additionally submit:
document , certifying the identity of the applicant; documents conrming
the family relationship between the child and the applicant; a document
conrming the authority of a representative of a guardianship authority
or the head of a children’s institution, a health care institution, or a social
protection institution for children in which the child is on full state support,
and a document conrming the fact of the child’s enrollment in such an
institution. Also, a minor child has the right to independently apply for
assistance.
3.4. Implementation of the right to housing by internally
displaced persons
According to Art. 9 of the Law of Ukraine “On Ensuring the Rights
and Freedoms of Internally Displaced Persons” (On Ensuring the Rights
and Freedoms of Internally Displaced Persons. Law Of Ukraine, 2014) an
IDP has the right to: create appropriate conditions for her permanent or
temporary residence; payment of the cost of communal services, electricity
and thermal energy, natural gas in places of compact IDP settlement at
the appropriate rates; provision by authorities of the possibility of free
temporary residence (on the condition that the person pays the cost of
utility services) within six months from the moment the internally displaced
person is registered; for large families, persons with disabilities, and the
elderly, this term can be extended; assistance in returning to the previous
place of residence.
235
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Realization of the right to housing is carried out by: payment of IDP
housing allowance; temporary accommodation (hotels, hostels, social
centers, etc.); nancial support to the owners of housing that provided
temporary shelter to IDPs.
The mechanism for providing accommodation assistance to internally
displaced persons is regulated by the Procedure approved by the Resolution
of the CMU of March 20, 2022 № 332 “Some issues of payment of
accommodation assistance to internally displaced persons” (Mechanism
For Providing Accommodation Assistance To Internally Displaced Persons,
2022).
IDPs who have the right to receive housing assistance include: citizens
who have moved from territories where hostilities are taking place, or
those who are temporarily occupied or surrounded (blockade); citizens
whose housing is destroyed or uninhabitable due to damage, and who
have submitted an application for compensation, in particular through the
Unied State Web Portal of Electronic Services. Also, in accordance with
Clause 11 of the Procedure, supplemented by Resolution of the Cabinet of
Ministers № 602 dated 17.05.2022), in case of illegal or repeated receipt
of housing assistance by the IDP for a certain period, the amount of the
paid assistance is returned by the person voluntarily or at the request of the
social protection body.
The procedure for compensating costs for the temporary accommodation
of internally displaced persons who moved during the period of martial law
is approved by Resolution № 333 of the Cabinet of Ministers of Ukraine
dated March 19, 2022 (as amended by Resolution № 490 of the Cabinet
of Ministers of Ukraine dated April 29, 2022) (Resolution № 331 Of The
Cabinet Of Ministers Of Ukraine, 2022; Resolution № 490 Of The Cabinet
Of Ministers Of Ukraine, 2022).
An internally displaced person and members of his family are provided
free of charge housing from the fund at the place of actual residence / stay
within the territory of the authorized bodies for a period of up to one year
with the possibility of extension for the next period in case of no changes in
their status and if they have not acquired another place of residence.
The primary right to provision of housing from the fund is for: families
with many children; families with children; pregnant women; persons
who have lost their ability to work; persons of retirement age from among
those whose housing was destroyed or became uninhabitable as a result
of the armed aggression of the Russian Federation. In case of submission
of documents containing false information, the internally displaced person
is responsible according to the law (On The Legal Regime Of The Martial
State, 2015).
236
Olha Burlaka, Tetyana Parpan, Danylo Leshchukh, Iryna Lasko y Svitlana Pylypenko
Realization of social rights of Ukrainian citizens under martial law
The decision to include an IDP in the register of citizens who need
housing for temporary residence, or to refuse to be included in such a
register, is taken by the authorized body within one working day after the
submission of the relevant application. The grounds for refusing to accept
an IDP for registration of citizens who need housing for temporary residence
are: failure to submit the necessary package of documents, except for cases
when such documents were destroyed or damaged, which is conrmed
by the corresponding statement of the citizen; submission of documents
containing false information (Gretchenko, 2021).
It is appropriate to indicate the grounds for deregistration of an IDP:
an internally displaced person’s application for deregistration; a person’s
change of residence; cancellation of the IDP registration certicate if
there are grounds provided for in part 1 of Article 12 of the Law of Ukraine
“On Ensuring the Rights and Freedoms of Internally Displaced Persons”;
failure to receive within 30 calendar days without valid reasons a warrant
for moving into a residential premises or failure to notify within the same
period of valid reasons that prevent her from receiving a warrant for
moving into a residential premises; submission of notoriously unreliable
information, which is the basis for taking an internally displaced person
into the register of citizens who need housing for temporary residence (On
The Legal Regime Of The Martial State, 2022).
It is important that being on the register of citizens who need housing
for temporary residence is not a reason for denying an internally displaced
person further acceptance of such a person on: social housing register;
registration of persons who have the right to receive housing (soft loans for
the construction and purchase of housing) under state housing programs for
certain categories of persons dened by legislation; registration of persons
who need improvement of living conditions; other types of accounting for
housing.
Forced eviction of an IDP and her family members from the residential
premises of the foundation is carried out only on the basis of a court
decision. An IDP that does not fulll the obligations stipulated by the law
and the contract of use under the contract of use bears the responsibility
provided by law (On the Legal Regime of The Martial State, 2022).
Summarizing what has been said, we note that further scientic
discussions are needed on the issue of social support for families in dicult
life circumstances, regarding the organization of care at home, placement
of elderly citizens and persons with disabilities in boarding houses for
elderly citizens.
237
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Conclusions
The economic soundness and eectiveness of the social protection
system, its focus on the needs of the most socially vulnerable categories
of the population, in particular internally displaced persons, is included
in the generally recognized international standards of a socially oriented
state, and the level of availability of social services is one of the indicators of
determining the quality of life. The main task of the social protection system
of Ukraine should be to mitigate the negative impact of factors characteristic
of social and economic reforms on the most socially vulnerable categories
of citizens, which should include people with family responsibilities.
The system of social support for families with children needs
transformation and active redistribution of resources from the provision of
social assistance according to the principle of universality and uniformity to
the provision of social assistance and services, which will contribute to the
formation of citizens in an active life position. Such a model of social support
should be exible, universal and based on the principles of humanism and
social consciousness of citizens.
We note the formation of established approaches of judicial practice in
the eld of family relations, where instead of the widespread «presumption
in favor of the mother» or «equal rights and obligations of parents in
relation to the child», priority is given to the principle of the best interests
of the child. In view of this, we see the expediency of dening in the Law
of Ukraine «On Childhood Protection» the basis (principle) of ensuring
the best interests of the child, taking into account international standards,
which provides for actions and decisions aimed at meeting the individual
needs of the child in accordance with his gender, age, state of health self,
life experience, developmental characteristics, family, ethnic and cultural
belonging.
The main directions of transformations aimed at ensuring the rights of
citizens in the social sphere are dened as: introduction of universal social
assistance, which will ensure maximum targeting, simplied administration,
digitization and verication; digitization and centralization of the social
sphere system in order to provide citizens from the most crisis regions with
social payments; implementation of active programs of employment and
development of entrepreneurship.
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Esta revista fue editada en formato digital y publicada
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Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 76
