Нормативно-правові основи правового статусу дитини, яка постраждала внаслідок воєнних дій та збройних конфліктів

The article reveals the normative and legal foundations of the legal status of a child who has suffered as a result of hostilities and armed conflicts. Today, the legal status of a child who has suffered as a result of hostilities and armed conflicts is not a sufficient extrajudicial means of protecting the rights of affected children. It is not provided with real and effective guarantees that would be able to level the negative situation in which the affected child found himself. The current legislation of Ukraine on the protection of children affected by hostilities and armed conflicts does not meet their real needs and does not contain a unified conceptual approach. It is concluded that the legal status of a child who has suffered as a result of hostilities and armed conflicts in Ukraine is determined by the Constitution of Ukraine, laws of Ukraine, subordinate regulatory legal acts, as well as international documents. The Constitution of Ukraine guarantees the child a set of constitutional rights and freedoms and imposes on the state a number of positive obligations to protect and safeguard childhood. It is noted that international UN standards indirectly determine aspects of post-war rehabilitation of children, in particular by granting them special legal statuses. Most UN documents focus specifically on preventing violations of children’s rights during war. The Council of Europe has also not developed a single regional international legal act that would form the basis for protecting the rights and freedoms of children in wartime in Europe, as well as a model of the legal status of a child of war. In practice, the effectiveness of international mechanisms for protecting the rights of the child in interstate military conflicts has proven insufficient. National regulatory legal acts do not create a single system and a single holistic approach to ensuring the legal status of a child who has suffered as a result of military actions and armed conflicts. It was found that real restorative and compensatory measures within the framework of state targeted support for children with the status of victims of hostilities and armed conflicts need to be understood, assessed and implemented. An up-to-date catalog of guarantees and benefits that would correspond to the degree of harm suffered by the child needs to be enshrined in the Law of Ukraine «On the Protection of Childhood».