THE CONCEPT AND SPECIALITIES OF THE ADMINISTRATIVE AND LEGAL STATUS OF WOMEN WHO SUFFERED AS CONSEQUENCE OF ARMED CONFLICT IN UKRAINE

Abstract

This article explores the concept and specialties of the administrative and legal status of women who suffered as a consequence of armed conflict in Ukraine. The analysis confirms that the administrative and legal status of women, who have suffered as a result of an armed conflict, safeguards their legal position in relations to the executive bodies, promotes their rights, and ensures that their interests are protected by law when appealed to the certain administrative bodies. Women who have been affected by an armed conflict have a general administrative legal status, as do other citizens. Their legal capacity shall not be different from any other person. At the same time, their administrative capacity may be of limited or broader nature due to the acquisition of additional statuses, such as internally displaced persons (referred to as IDPs), single mothers, participants in hostilities due to the armed aggression of the Russian Federation. Administrative legal status assumes the presence of an administrative legal personality, that consists of an administrative capacity, dispositive capacity, and delictual dispositive capacity. On the basis of this analysis, the following categories of women who suffered as a consequence of armed conflict were identified: women who left the temporarily occupied areas of Donetsk and Luhansk regions and acquired IDP status; single mothers; women participating in an anti-terrorist operation to ensure national security and defense, to repel and deter the armed aggression of the Russian Federation in Donetsk and Luhansk regions; women who remained in the occupied territory. Victims of an armed conflict may acquire both general and special administrative legal status. At the same time, the acquisition of a special administrative legal status (for example, IDPs) creates certain restrictions in the implementation of certain social and suffrage rights of women who have been affected by the armed conflict. The administrative capacity of such women shall be no different from the general capacity of any other citizens, but in fact, the legal capacity of women who have been granted IDP status (right to freedom of movement, right to vote in local elections) is limited, even despite the fact that these rights and freedoms are guaranteed by the Constitution of Ukraine and other laws. Special status for persons who remain in the occupied territory also implies limitations to their legal capacities. The state has established a special system for the movement of persons and goods through the line of demarcation. Ukraine cannot guarantee the majority of constitutional rights and freedoms due to certain parts of its territories being occupied by a country-aggressor. Further research requires a distinct analysis of the issue of reintegration of the occupied territories of Ukraine. Keywords: administrative legal status, general administrative legal status, special administrative legal status, internally displaced person, administrative capacity, dispositive capacity.