ЩОДО ПРАВОВОГО СТАТУСУ УЧАСНИКІВ ДОБРОВОЛЬЧИХ ФОРМУВАНЬ, ЯКІ ВИКОНУВАЛИ ЗАВДАННЯ АНТИТЕРОРИСТИЧНОЇ ОПЕРАЦІЇ В ДОНЕЦЬКІЙ ТА ЛУГАНСЬКІЙ ОБЛАСТЯХ (2014–2018)

Abstract

The author of the article analyzes the state decisions on granting the right status of a combatant to the participants of voluntary units that were formed or organ- ized to protect the territorial integrity of Ukraine and participated directly in the anti-terrorist operation in cooperation with the military units (subdivisions) the Armed Forces of Ukraine, the Ministry of Internal Affairs of Ukraine, the National Police, the National Guard of Ukraine, the Security Service of Ukraine and other entities established in accordance with the laws of Ukraine military forces and law enforcement agencies. The importance of this problem stems from the fact that today not all citizens in this category are defined by their legal status, in particular for members of the vol- unteer forces, which were not included in the Armed Forces of Ukraine, Ministry of internal Affairs of Ukraine, the National police, the National guard of Ukraine, security Service of Ukraine and other educated in accordance with the laws of Ukraine of military formations and law enforcement agencies.According to the author, under such circumstances, the state must on an equal footing to recognize the status of combatants for those who are part of volunteer units under the same conditions with soldiers did in the anti-terrorist operation function the protection of Ukraine regardless of their inclusion in the composition of the military forces of the state. The elimination of discrimination against such persons for possible predictions on an equal footing with other relevant groups of persons of their right to have the status of combatants and the use of all provided to the combatants the rights and privileges.On the basis of comprehensive analysis of scientific works of researchers in the field of human rights and social protection of the population, the current legisla- tion of Ukraine and norms of international humanitarian law, the necessity of recognition of the legal status of combatants to members of the volunteer groups that are not part of the Armed forces of Ukraine, Ministry of internal Affairs of Ukraine, the National police, the National guard of Ukraine, security Service of Ukraine and other educated in accordance with the laws of Ukraine of military formations and law enforcement agencies.