Features of the implementation of the right to work by war veterans under martial law

Abstract

Problem setting. The ongoing Russian-Ukrainian war has led to the reform and transformation of Ukraine’s legal landscape. In this context, the state is facing several conflicting challenges: the need to ensure national defense and economic stability while simultaneously safeguarding the constitutional rights and freedoms (including labor rights) of all citizens involved in defending the state and contributing to its socio-economic welfare.

Analysis of recent research and publications highlights the relevance of issues related to the employment of war veterans and the realization of their labor rights. In particular, D.A. Postna’s work focuses on the current state of employment support for war veterans in Ukraine and the legal definition of this category. V.I. Sheverdina analyzes the existing Ukrainian legislation regulating veterans' employment, while N. Cherevko's research addresses the general issue of the right to work under martial law. Legal aspects of labor relations involving war veterans have also been explored by E.A. Novikov, O.V. Shapovalova, and other scholars.

Purpose of research. The purpose of this article is to analyze the constitutional right to work of war veterans in the context of legislative conditions for its realization, as well as the existing mechanisms for its protection during martial law.

Article’s main body. The article analyzes the current labor legislation regulating the labor rights of war veterans. It is noted that war veterans are employed on general grounds, taking into account the labor guarantees and benefits granted to them due to their status as war veterans.

The author examines the constitutional right to work and its restrictions under martial law in Ukraine. The study of how war veterans exercise their right to work and related labor rights reveals two key influencing factors: (1) the special legal status of this group, which grants them additional guarantees in the field of employment and labor under the Laws of Ukraine «On the Status of War Veterans and Guarantees of Their Social Protection» (No. 3551-XII of October 22, 1993) and «On Employment of the Population» (No. 5067-VI of July 5, 2012); and (2) temporary general restrictions on labor rights established by wartime legislation, such as the Presidential Decree «On the Introduction of Martial Law in Ukraine» (No. 64/2022 of February 24, 2022) and the Law of Ukraine “On the Organization of Labor Relations Under Martial Law» (No. 2136-IX of March 15, 2022).

Conclusions and prospects for development. The findings indicate that war veterans exercise their right to work under general conditions, subject to wartime restrictions and enhanced by additional labor guarantees arising from their legal status. These guarantees vary depending on the specific category of the veteran – combatant, person with war-related disability, or participant in the war – with the most extensive protections afforded to combatants and persons with war-related disabilities.