Peculiarities of judicial protection of the social rights of military personnel in Ukraine

Abstract

The article provides a social and legal analysis of the importance of judicial protection of the social rights of military personnel in Ukraine. It establishes that judicial protection represents a distinct form of jurisdictional safeguard for the social rights of military personnel, complementing parliamentary and administrative forms of protection. A key characteristic of this form of protection is its role in facilitating the defense of human rights, a fundamental aspect of a rule of law state, realized through the functioning of judicial courts and the actions of judges authorized to administer justice. The unique aspects of judicial power facilitate a civilizational reevaluation of the relationship between the state and military personnel. In this dynamic, the state acknowledges the human dignity of military personnel and, consequently, recognizes the necessity of their social security, which is partially achieved through the protection of their social rights. The judicial form of protecting the social rights of military personnel is distinctive in that among various jurisdictional forms of social rights protection, it is the most accessible to military personnel. This accessibility upholds their right to judicial protection and ensures procedural access to justice. Furthermore, compared to other jurisdictional forms of social rights protection, the judicial protection of military personnel’s social rights adheres to the highest standards for ensuring the quality of legal protection. Additionally, the author highlights that the judicial protection of social rights for Ukrainian military personnel manifests both nationally—in the activities of the Constitutional Court of Ukraine, the Supreme Court, and administrative courts—and regionally at the international level, as seen in the proceedings of the European Court of Human Rights. The article’s conclusion summarizes the study’s findings, noting that the state, as the guarantor of constitutional human rights for all, including military personnel, should aid in enhancing the functioning of the justice system. This enhancement is crucial to ensure the realization of military personnel’s rights to accessible and fair justice, aiming to minimize not only procedural but also actual barriers. Such improvement is essential for enabling these employees (military personnel) to fully utilize the judicial forms available for the protection of their social rights.