The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges
The article focuses on problematic issues of the implementation of the right to the social protection of persons who have suffered from an armed conflict in Eastern Ukraine. It presents a general analysis of the shortcomings of national legislation that limits the constitutional provisions for citiz...
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| Format: | Article |
| Language: | English |
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National University of Kyiv-Mohyla Academy
2018-09-01
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| Series: | Kyiv-Mohyla Law and Politics Journal |
| Subjects: | |
| Online Access: | http://kmlpj.ukma.edu.ua/article/view/153255/152633 |
| _version_ | 1818496696072536064 |
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| author | Volodymyr Venher |
| author_facet | Volodymyr Venher |
| author_sort | Volodymyr Venher |
| collection | DOAJ |
| description | The article focuses on problematic issues of the implementation of the right to the social protection of persons who have suffered from an armed conflict in Eastern Ukraine. It presents a general analysis of the shortcomings of national legislation that limits the constitutional provisions for citizens of Ukraine to obtain the appropriate level of social protection. The article shows the problems of the status of internally displaced persons (IDPs), which should provide for them additional guarantees from the state, including social ones. However, the carried out research shows that this status often becomes a discriminatory factor that imposes disproportionate restrictions on individuals. The current legal regulation of social payments for internally displaced persons contains a number of rigid and rather complicated administrative procedures that significantly restrict, and in some cases even generally make it impossible to obtain social protection. The only effective remedy for the protection of an infringed right for pensions or other social benefits for internally displaced persons is an appeal to a court. The courts do not always carry out effective and prompt protection of the violated law. Despite positive examples of judicial practice, it can not always provide an adequate and well-timed level of social protection, which causes the need for the improvement of national legislation. |
| first_indexed | 2024-12-10T18:36:05Z |
| format | Article |
| id | doaj.art-02a40f921730490c92d3ca20eafa1648 |
| institution | Directory Open Access Journal |
| issn | 2414-9942 |
| language | English |
| last_indexed | 2024-12-10T18:36:05Z |
| publishDate | 2018-09-01 |
| publisher | National University of Kyiv-Mohyla Academy |
| record_format | Article |
| series | Kyiv-Mohyla Law and Politics Journal |
| spelling | doaj.art-02a40f921730490c92d3ca20eafa16482022-12-22T01:37:48ZengNational University of Kyiv-Mohyla AcademyKyiv-Mohyla Law and Politics Journal2414-99422018-09-0149911810.18523/kmlpj153255.2018-4.99-118The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative ChallengesVolodymyr Venher0National University of Kyiv-Mohyla AcademyThe article focuses on problematic issues of the implementation of the right to the social protection of persons who have suffered from an armed conflict in Eastern Ukraine. It presents a general analysis of the shortcomings of national legislation that limits the constitutional provisions for citizens of Ukraine to obtain the appropriate level of social protection. The article shows the problems of the status of internally displaced persons (IDPs), which should provide for them additional guarantees from the state, including social ones. However, the carried out research shows that this status often becomes a discriminatory factor that imposes disproportionate restrictions on individuals. The current legal regulation of social payments for internally displaced persons contains a number of rigid and rather complicated administrative procedures that significantly restrict, and in some cases even generally make it impossible to obtain social protection. The only effective remedy for the protection of an infringed right for pensions or other social benefits for internally displaced persons is an appeal to a court. The courts do not always carry out effective and prompt protection of the violated law. Despite positive examples of judicial practice, it can not always provide an adequate and well-timed level of social protection, which causes the need for the improvement of national legislation.http://kmlpj.ukma.edu.ua/article/view/153255/152633right to social protectioninternally displaced personpensionsocial benefitsarmed conflicteastern ukrainediscrimination |
| spellingShingle | Volodymyr Venher The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges Kyiv-Mohyla Law and Politics Journal right to social protection internally displaced person pension social benefits armed conflict eastern ukraine discrimination |
| title | The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges |
| title_full | The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges |
| title_fullStr | The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges |
| title_full_unstemmed | The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges |
| title_short | The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges |
| title_sort | right to the social protection of citizens in conditions of the armed conflict in eastern ukraine legislative challenges |
| topic | right to social protection internally displaced person pension social benefits armed conflict eastern ukraine discrimination |
| url | http://kmlpj.ukma.edu.ua/article/view/153255/152633 |
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