Social and legal significance of the non-jurisdictional protection of the social rights of military personnel in Ukraine

Abstract

The article delves into the social and legal significance of non-jurisdictional protection concerning the social rights of military personnel in Ukraine. The author delineates that the significance of these protective measures unfolds within three distinct contexts. Firstly, the state assumes the role of an employer responsible for ensuring and safeguarding the social rights of military personnel. This dynamic underscores the presence of a social risk for military personnel, stemming from the confluence of two conflicting roles within a single entity - that of being both the controlled and the controller. In a legal and democratic state, this duality necessitates equilibrium through the provision of non-state protection for the social rights of military personnel. Secondly, Ukraine is witnessing a burgeoning civil society, whose advocacy efforts in human rights bolster social security for individuals, society, and the state, with a potential focus on safeguarding the social rights of military personnel. Thirdly, non-jurisdictional mechanisms for protecting the social rights of military personnel harbor considerable human rights potential. The state's commitment to fully realizing this potential would directly enhance the overall social security of military personnel. The human rights potential of civil society actors materializes through three primary forms of human rights protection. Firstly, it involves exerting comprehensive and legitimate pressure on violators of social rights, without compromising the state's defense capabilities. Secondly, it entails targeted and lawful influence on offenders. Thirdly, it encompasses fostering solidarity among military personnel and addressing their sense of belonging to a nearly homogeneous group. This group comprehends the intricacies of social security issues facing military personnel and ensures the protection of the rights of its members. In conclusion, the article synthesizes the findings of the study and underscores the necessity of establishing a platform for safeguarding the rights and interests of military personnel. This platform, founded on institutional partnership, would convene delegates from diverse civil society entities engaged in the ongoing protection of the social and other rights of military personnel.