Military serviceman’s family members as a subject of the right to social protection: some practical problems of legislative regulation

The article clarifies some disadvantages of the legislative definition of the concept of «family members» of military personnel or persons equated to them as subjects of the right to social protection. The norms of the Law of Ukraine «On social and legal protection of military personnel and members of their families» on these issues have been critically analysed. Based on the study of judicial practice on the issue of deprivation or limitation of the right to social protection of family members as recipients of the appropriate type of support, a conclusion was made about the need to make changes to the social legislation. It is proposed to specify the rules of Art. 3 of the Law of Ukraine «On Social and Legal Protection of Servicemen and Members of Their Families» regarding the grounds and their interrelation with the emergence or limitation of the right of family members of a serviceman to social protection, as well as confirmation and fixation procedures. The heterogeneity of legal grounds for the emergence of legal personality of family members of military personnel in the area of social protection has been emphasized, which does not contribute to the unity of law enforcement practice. Issues related to the establishment of legal facts of belonging to family members of military personnel have been clarified. It has been proven that the inconsistent usage of the term «family member of a military serviceman» within the framework of one regulatory act and the uncertainty of the meaning of this concept create grounds for discrimination of individuals regarding the establishment of the legal status of «family member of a military serviceman» and social injustice in this area of legal relations. The significance of the legal fact of dependency for determining the status of a person as a member of a military serviceman’s family has been clarified. Examples of inconsistency of the provisions of subordinate legal acts with the norms of laws are given. It is summarized that the definition of the subjects of the right to social protection, particularly family members as recipients of social security, as well as the preconditions of their legal personality, taking into account the principles of para. 1, 6 Art. 92 of the Constitution of Ukraine, shall be only in laws as regulatory acts of higher legal force.