Працевлаштування ветеранів війни за результатами професійної адаптації: правові проблеми і виклики


  • Вероніка Кохан кандидат юридичних наук, старший дослідник, завідувач відділу правового регулювання структурно-технологічного розвитку економіки Науково-дослідного інституту правового забезпечення інноваційного розвитку НАПрН України https://orcid.org/0000-0002-3129-9266




Problem setting. The social and labor sphere of the state has faced a number of legal problems caused by the need for professional adaptation of war veterans, a group of people who need assistance in returning to civilian life. The problem is the unpreparedness of the labor market and the social sphere of the state to employ and provide social support to a large number of people who need a special approach to the work they are able to perform, to arrange a workplace and to adapt to peaceful life in a team. Purpose of the research. Ensuring a decent return of war veterans to society can be realized through the types and areas of professional adaptation of war veterans, and therefore the purpose of the research is to find out the status of legal regulation of professional adaptation of war veterans in Ukraine, to study the types of professional adaptation of war veterans and the services offered by the State to this category of persons in the field of professional adaptation, and to find out the directions of returning war veterans to work based on the results of their professional adaptation and the problems of their legal regulation. Analysis of recent researches and publications shows that there is a lack of domestic scientific works in the field of legal regulation of veterans’ professional adaptation. Ukrainian researchers are just beginning to study the problems of protecting the rights of war veterans in various spheres of life. For example, R.E. Poghosyan analyzes the legal nature of the problem of legal protection of the rights of war veterans and defines it as a multidisciplinary issue that is not the subject of only one science and requires certain comprehensive approaches to clarify it. V.I. Sheverdina studies social relations in the field of social protection of combatants and war veterans, the legal status and peculiarities of social protection of this category of persons in the basic legislation of Ukraine. The legal status and social protection of servicemen were considered in a monographic study by V. Y. Pashynskyi, L. P. Medvid, B. M. Shamrai. At the same time, the issue of professional rather than social adaptation of war veterans has not been covered in legal science, which determines the relevance of this article. Article’s main body. The study of the sphere of professional adaptation of war veterans shows that the State pays attention to the legal regulation of this sphere of social relations, in particular, it is modernizing the legislation establishing the types of professional adaptation of war veterans and the services offered by the State in this area. We propose to identify the following areas for returning war veterans to work as a result of their professional adaptation: (1) traditional employment in the form of hired labor in accordance with the Labor Code of Ukraine; (2) employment on the terms of non-standard employment; (3) establishment and development of veteran entrepreneurship. Conclusions and prospects for the development. In order to fully apply the institute of precarious employment and veteran business, the State needs to resolve a number of legal issues related to the legal uncertainty of forms of precarious work, labor rights of its subjects, as well as to regulate veteran entrepreneurship as a type of economic activity, and to determine financial mechanisms for its support.