The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges
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Date
2018
Authors
Venher, Volodymyr
Journal Title
Journal ISSN
Volume Title
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Abstract
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.
Description
Keywords
right to social protection, internally displaced person, pension, social benefits, armed conflict, conflict in Eastern Ukraine, discrimination, article
Citation
Venher V. The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges / Volodymyr Venher // Kyiv-Mohyla Law and Politics Journal. - 2018. - No. 4. - P. 99-118.