ПРАВОВИЙ СТАТУС ДІТЕЙ, ЯКІ ПОСТРАЖДАЛИ ВНАСЛІДОК ВІЙСЬКОВОЇ АГРЕСІЇ РОСІЙСЬКОЇ ФЕДЕРАЦІЇ ПРОТИ УКРАЇНИ (КОНСТИТУЦІЙНО-ПРАВОВИЙ АСПЕКТ)

Abstract

Today Ukrainian children need special care and protection in the conditions of military (armed) aggression of the Russian Federation against Ukraine. A large number of children have been forced to leave their homes since 2014, some were wounded and got other health injuries as a result of the war. Besides, a large number of children remains in the uncontrolled to the Ukrainian authority territories as well as adjacent to it, who suffer physical and psychological violence. The article is devoted to determining the legal status of children affected by the military (armed) aggression of the Russian Federation against Ukraine. Various theoretical approaches to defining the concept of legal status of a child are studied. The ratio of the categories “child injured in the result of hostilities and armed conflicts”, “child of war” and “person with a disability as a result of the war” is analyzed by studying the provisions of the constitutional legislation of Ukraine and international legal documents. Attention is drawn to the gap in the constitutional legislation regarding the proper determination of the legal status of children who were in the temporarily occupied territories in order to properly ensure the rights of such children. There defined the shortcomings of the current legislation of Ukraine in matters of legal regulation of the legal status of juveniles in Ukraine who have become victims of military (armed) aggression of the Russian Federation against Ukraine, because of the inconsistency of the constitutional and legal policy of Ukraine. It is concluded that the contemporary constitutional and legal policy of Ukraine should be formed more considerably and successively, timely taking into account new legal facts, that will permit to avoid lacunae and collisions in national legislation in future. The science of constitutional law has as its direct task to study these problematic issues in order to facilitate the formation of quality and scientifically grounded constitutional and legal policy in the field of children’s rights.