LEGAL STATUS OF THE CONQUISTED MILITARY IN UKRAINE UNDER THE CONDITIONS OF THE LEGAL REGIME OF THE MARTIAL STATE

Abstract

The article is devoted to the analysis of the legal status of persons liable for military service in Ukraine under the legal regime of martial law. Based on the official legislation, the author formed a conceptual apparatus of research and gave a specific definition of «legal regime of the military camp», «military conscription», «conscript», «military service» etc. A thorough study of the legal framework governing mobilization training and military service was conducted. Special attention is also paid to the analysis of amendments introduced to the Laws of Ukraine «On Military Duty and Military Service» and «On Mobilization Preparation and Mobilization» after the introduction of martial law and the announcement of general mobilization in our country. The author examines the impact of legislative updates on the legal status of persons liable for military service and emphasizes the priority of ensuring human and civil rights, even despite the possibility of their restriction under current legal acts of Ukraine. The paper elucidates the practical aspects of the application of the new legal norms and identifies gaps that require additional regulation. Taking into account the case law, the author substantiates the need to create transparent and effective mechanisms for appealing against decisions of district (city) territorial centers for recruitment and social support, and emphasizes the importance of improving mobilization legislation to prevent unjustified restrictions and violations of the rights of persons liable for military service. Based on the study, the author makes specific proposals for eliminating the identified conflicts in the regulation of the legal status of persons liable for military service in Ukraine under the legal regime of martial law. The article focuses attention on the fact that the updating of the mobilization legislation led to the emergence of not only this gap. Even more legal conflicts appeared in connection with the adoption of Resolution No. 560, which in some places diverges from the provisions of the Law of Ukraine «On Mobilization Training and Mobilization», especially regarding the issue of granting citizens a deferment from conscription for military service during mobilization.