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August 17, 2025Uzhhorod National University Herald Series Law0 citationsOpen Access

Constitutional principles of protecting the rights of military personnel in Ukraine

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OKO. H. KozynetsYLY. Y. Luhyna

Key Points

  • Military personnel have a special legal status under the Constitution of Ukraine, leading to specific rights and protections.
  • The Law of Ukraine 'On Social and Legal Protection of Military Personnel' outlines mechanisms for support and benefits.
  • The constitutional provisions aim to safeguard human rights while acknowledging military service restrictions.
  • The Constitutional Court of Ukraine's rulings significantly impact the application of constitutional norms for military personnel.

Abstract

This scholarly article examines the fundamental constitutional principles governing the legal status of military personnel. The Constitution of Ukraine provides the key foundations for safeguarding these individuals. The purpose of this study is to analyze the provisions of the Constitution of Ukraine and other legislative acts regulating the legal protection of military personnel, as well as to determine the role of the Constitutional Court of Ukraine in ensuring compliance with constitutional norms. It is noted that military personnel possess a special legal status under the provisions of the Basic Law. Their military service entails restrictions on certain state-guaranteed rights and freedoms, which necessitate specific social and legal safeguards. The article explores the content of articles of the Constitution of Ukraine, which regulate social relations concerning military service. It is emphasized that constitutional provisions form the basis of the Law of Ukraine «On Social and Legal Protection of Military Personnel and Members of Their Families». The significance of this law is highlighted, as it establishes a mechanism for the social and legal protection of military personnel and their families, including procedures and conditions for financial, food, clothing, medical, and other types of support and benefits. The study concludes that the law contains interpretations of certain human and citizen rights proclaimed by the Constitution of Ukraine, considering the specificities of ensuring these rights for military personnel. However, the legislative system remains imperfect, particularly due to discrepancies between laws and the norms of the Constitution of Ukraine. Therefore, the article examines the role of the Constitutional Court of Ukraine as the sole body of constitutional jurisdiction, whose legal positions play a crucial role in the application of constitutional norms. The analysis includes a review of the Constitutional Court of Ukraine’s ruling on recognizing certain provisions of the Law of Ukraine «On Social and Legal Protection of Military Personnel and Members of Their Families» as unconstitutional, based on a constitutional complaint.

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Cite This Study

Kozynets et al. (2025) studied this question.

synapsesocial.com/papers/68a36dd90a429f79733310b1https://doi.org/10.24144/2307-3322.2025.89.1.28
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