Protection of the civilian population of Ukraine in the context of armed conflict: legal aspects

The article identifies current trends and vectors in the development of legal support for the protection of the civilian population in the context of armed conflict. The concept of protecting the civilian population of Ukraine in conditions of high-intensity armed conflict is defined as a complex activity of state authorities and local self-government bodies, military formations, law enforcement agencies, civil society institutions, international organizations, and other entities, aimed at reducing risks to the life, health, property, educational, environmental, informational, and other rights of civilians. The legal basis for such activities includes the Constitution and laws of Ukraine, acts of international humanitarian law, and subordinate legal acts of state institutions of Ukraine. It is clarified that a central place among such legal documents is occupied by the Civil Protection Code of Ukraine and the Instruction on the Procedure for the Implementation of Norms of International Humanitarian Law in the Armed Forces of Ukraine. However, these legal acts and mechanisms for controlling their implementation cover only the actions of the Ukrainian side. In contrast, the Russian aggressor, neglecting the requirements of international humanitarian law and the principles of humanity, is virtually outside the scope of legal regulation and legal control in the sphere of military-legal relations. It is emphasized that the experience of international activity after the start of the full-scale Russian armed aggression indicates that the only two effective factors capable of influencing the actions of the Russian side are global economic sanctions and military force. Attention is focused on the gaps in legal regulation in the sphere of civilian population protection in the context of full-scale Russian armed aggression, which include: 1) the absence of a legal mechanism for the evacuation of Ukrainian citizens from occupied territories; 2) gaps in defining measures to counter the indoctrination of children and youth in occupied territories; 3) insufficient legal protection for elderly persons who are unable to care for themselves and have children residing in occupied territory or whose contact has been lost. It is revealed that active work is currently underway in Ukraine to improve legislation and law enforcement activities in the sphere of civilian population protection in the context of armed conflict. The goal of this work is to ensure all possible guarantees of civilian safety. However, given the systemic violations of international humanitarian law by the aggressor state, ensuring the real protection of civilians in Ukraine requires not only legal but, first and foremost, military measures.