LEGAL LIABILITY OF MILITARY OFFICERS AS AN ELEMENT OF ENSURING DISCIPLINE AND LEGALITY IN THE MILITARY SPHERE

Abstract

The article provides a thorough comprehensive analysis of the legal mechanism for protecting children’s rights in armed conflict, taking into account the national legislation of Ukraine and international legal standards. The relevance of the study is due to the unprecedented increase in the number of violations of children’s rights during military operations, which are accompanied by threats to life and health, restrictions on access to education and medical care, the destruction of the family environment, as well as the spread of violence, exploitation, child trafficking, illegal displacement and forced deportation. The paper analyzes the main provisions of the national regulatory and legal framework in the field of child rights protection, in particular the Constitution of Ukraine, special legislation and state strategic documents that regulate the protection of the rights and legitimate interests of children in peacetime and under martial law. The functional role of key state institutions is determined, including children’s services, the National Social Service Service, the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, law enforcement agencies and judicial institutions. It is substantiated that the effectiveness of the national protection mechanism largely depends on the level of interagency coordination, responsiveness and the ability of the state to act in conditions of limited control over individual territories.

Special attention is paid to international legal mechanisms for the protection of children’s rights during armed conflicts. The activities of UNICEF, the United Nations, the Council of Europe, the European Court of Human Rights and the International Criminal Court as key actors of international protection are analyzed. Particular emphasis is placed on the significance of the decisions and procedural actions of the International Criminal Court, which recognized the forced deportation of children as a war crime and a crime against humanity. The role of international investigative, monitoring and expert mechanisms in documenting war crimes against children and forming an evidentiary base for future international justice is revealed.

The results of the study suggest areas for improving the national system of child rights protection, including strengthening the institutional capacity of government bodies, developing digital tools for recording and responding, expanding psychological, social and medical rehabilitation programs, and improving mechanisms for tracing, returning and reintegration of deported children. The conclusion is that effective protection of children’s rights in wartime is possible only with systematic interaction between state bodies, international institutions and the human rights sector.