Legal peculiarities of granting combatant status to persons recognized as fighters for the independence of Ukraine in the XX century (OUN and UPA)

The paper provides a comprehensive legal analysis of the evolution of the legal status of individuals who fought for the independence of Ukraine in the 20th century, specifically focusing on the members of the Organization of Ukrainian Nationalists (OUN) and the Ukrainian Insurgent Army (UPA). Guided by the constitutional principles of Ukraine as a sovereign, social, and law-governed state, the author examines the transition from a «legal vacuum» to a structured system of state recognition. The study highlights that until 2015, the legal status of these individuals was characterized by fragmentation and legal collisions, creating a significant asymmetry compared to the status of former Soviet military and security personnel. The paper analyzes the pivotal role of the «decommunization laws» of 2015, which officially recognized the legitimacy of various forms of struggle for independence. A central focus is placed on the 2018 legislative amendments to the Law «On the Status of War Veterans, Guarantees of Their Social Protection». The author argues that these changes corrected historical and factual inaccuracies regarding the periods of UPA activity (previously limited to 1941-1944) and expanded the criteria to include the entire period of the armed resistance. Furthermore, the paper details the administrative procedure established by Cabinet of Ministers Resolution No. 604 (2019). It examines the evidentiary requirements for obtaining combatant status, including the use of archival materials, photographs, and the unique legal mechanism of using witness testimonies in cases where official documents were destroyed or classified by Soviet repressive organs. The author concludes that the institutionalization of respect and the granting of combatant status to OUN and UPA members are not merely acts of social welfare but essential components of the state policy of national memory and historical justice. This process serves as a vital tool for national consolidation and a defensive measure against foreign ideological propaganda that seeks to delegitimize Ukrainian statehood.