Regulatory and Legal Protection of the Participants of the Anti-Terrorist Operation and Their Family Members

Abstract

Regulatory and legal regulation is one of the mechanisms of state management of the system of social protection of ATO participants, which needs to be studied and improved. Public relations in the field of social protection of combatants, war veterans, servicemen and members of their families are regulated by the laws of Ukraine. But the legal norms stated in laws which control the social protection of servicemen do not fully meet the current state of social relations, socio-economic capabilities of the state, therefore they can not ensure the effective realization of the rights and liberties of ATO participants. There is a duplication of legal norms contained in the Laws of Ukraine, in legislative acts.

Existing regulatory and legal acts, even sectoral ones, do not regulate all issues related to the social protection of Anti-Terrorist Operation participants and the members of their families. Thus many problems arise in this sphere.

An important problem of social protection of ATO participants is the lack of an effective mechanism for solving the housing problems of servicemen participated in ATO. Though in Ukraine exists the Comprehensive program of providing housing for servicemen, other ranks and officers, officials of the customs service and members of their families, however, as a result of chronic underfunding, the effectiveness of this program as an instrument for resolving housing problems of military personnel is extremely low.

The system of servicemen, veterans of war, ATO participants and members of their families benefits does not meet the needs of the present day.

In order to provide an adequate level of military pay of servicemen participating in combat operations in the ATO zone, it is proposed to approximate the amount of Ukrainian servicemen military pay closer to this of the servicemen of other, in particular, neighboring states; to increase state financing of additional charges of the Ministry of Defense of Ukraine for the payment of financial assistance to the families of fallen and wounded servicemen who participated in the ATO, military clothing allowance, food and medical assistance of service members of the Armed Forces.

In order to further intensify the process of solving housing problems of servicemen participants of the ATO families, it is necessary to ensure the realization of the preferential right to receive housing for families of servicemen participants of the ATO who do not have their own housing.

In order to facilitate the adjustment of the servicemen participants of the ATO to the processes of peaceful life, appropriate programs of social integration, professional adaptation and psychological rehabilitation of ATO casualties should be implemented.

It is necessary to establish a system of psychological and physiological (prosthetic) rehabilitation, including the creation of a regional centers network for psychological rehabilitation, equipped with innovative technologies and modern equipment.

The process of ATO casualties provision with sanatorium treatment need to be improved, and it means the development and implementation of appropriate budget programs, the expansion of the network of non-state and foreign rehabilitation institutions, involving of the volunteer and international organizations in their funding, etc.