The article raises the issue of the conflict of legal construction of the legal status of prisoners of war in the legislation of Ukraine. The authors draw attention to the discrepancy in the terminological definition of captured military personnel in the norms of Ukrainian legislation, namely: the existence of two terms for defining this category of persons (“prisoner of war” and “captured military personnel”). These discrepancies lead to a discriminatory approach towards such persons and their family members in matters of their exercise of the constitutional right to social protection. An analysis of the norms of the Law of Ukraine “On Social and Legal Protection of Military Personnel and Members of Their Families” regarding the financial support of captured military personnel and their family members; providing them with housing, improving living conditions, calculating social discounts on housing and utility fees; sanatorium-resort treatment and recreation with preferential payment of the cost of travel vouchers; the right to extend vacation. The issues of the need to revise the definition of the list of persons who are not subject to conscription for military service during mobilization are raised in relation to those military personnel or military conscripts whose close relatives were captured during the implementation of measures to ensure national security and defense, repel and deter armed aggression. Attention is drawn to the lack of regulation in the current legislation of the issue of issuing certificates to family members of military personnel who were captured (prisoners of war). The conclusion is made about the need to form a clear legal structure of the legal status of prisoners of war in the legislative practice of Ukraine.
Maksakova et al. (Sun,) studied this question.