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LAW OF UKRAINE

of December 20, 1991 No. 2011-XII

About social and legal protection of the military personnel and members of their families

(as amended on 04-03-2020)

This Law according to the Constitution of Ukraine determines the main beginnings of state policy in the sphere of social protection of the military personnel and members of their families, installs single system of their social and legal protection, guarantees to military personnel and members of their families in economic, social, political spheres favorable conditions for realization of their constitutional obligation on protection of the Fatherland and governs the relations in this area.

Section I. General provisions

Article 1. Social protection of the military personnel

Social protection of the military personnel - activities (function) of the state directed to establishment of system of the legal and social guarantees providing realization of constitutional rights and freedoms, satisfaction of material and spiritual needs of the military personnel according to special type of their office activities, the status in society, support of social stability in the military circle. This right to providing them in case of complete, partial or temporary disability, loss of the supporter, unemployment owing to circumstances, in old age, and also in other cases provided by the law.

Article 1-1. Legislation on social and legal protection of the military personnel and members of their families

The legislation on social and legal protection of the military personnel and members of their families is based on the Constitution of Ukraine and consists of this Law and other regulatory legal acts.

If the international treaty which consent to be bound is this the Verkhovna Rada of Ukraine establishes higher regulations on social protection of the military personnel and members of their families than containing in the legislation of Ukraine, then regulations of the international treaty are applied.

Article 1-2. Guarantees of social and legal protection of the military personnel and members of their families

Military personnel has all rights and freedoms of man and citizen, guarantees of these rights and freedoms enshrined in the Constitution of Ukraine and the laws of Ukraine taking into account the features established present and other laws.

Due to the special nature of the military service connected with protection of the Fatherland, the privileges determined by the law, guarantees and compensations are provided to the military personnel.

The part three is excluded according to the Law of Ukraine of 27.03.2014 No. 1166-VII

Article 2. Prohibition of restrictions of the rights of the military personnel

Nobody has the right to limit military personnel and members of their families in the rights and freedoms determined by the legislation of Ukraine.

Article 3. Coverage of this Law

1. Operation of this Law extends on:

1) the military personnel of the Armed Forces of Ukraine formed according to the laws of Ukraine of other military forming and law enforcement agencies of special purpose (further law enforcement agencies), the Public special service of transport, Public service of special communication and information security of Ukraine which are taking place military service in the territory of Ukraine, and the military personnel of the military forming and law enforcement agencies stated above - the citizens of Ukraine performing military duty outside Ukraine and members of their families;

2) the military personnel who became persons with disability owing to the disease connected with passing of military service or owing to disease after their dismissal from military service connected with passing of military service, and members of their families, and also members of families of the military personnel, the dead, the dead or missing it is unknown;

3) the persons liable for call-up and reservists called on educational (or checking) both special charges, and members of their families.

2. Operation of this Law does not extend to members of families of the military personnel, persons liable for call-up and reservists, the dead or the dead during the passing of military service (charges), service in reserve owing to making by them of crime or administrative offense or if death (death) of the serviceman, the person liable for call-up or the reservist happened owing to making of actions by them in condition of alcoholic, drug or toxic intoxication, or is consequence of intended causing to itself the serviceman, the person liable for call-up or the reservist of bodily harm.

3. Operation of this Law does not extend to foreigners and persons without citizenship who pass military service in the Armed Forces of Ukraine.

Article 4. Ensuring execution of the legislation on social and legal protection of the military personnel and members of their families

Ensuring execution of this Law, other regulatory legal acts on social and legal protection of the military personnel and members of their families is assigned to public authorities and local government bodies.

Section II. Rights of the military personnel

Article 5. Providing the civil laws and freedoms of the military personnel

Military personnel is the citizens of Ukraine serving in the territory of Ukraine, takes part in All-Ukrainian and local referenda, chooses and can be elected to the relevant local councils and other elected state bodies according to the Constitution of Ukraine. On them provisions of the Law of Ukraine "On election of the president of the Ukrainian SSR" expatiate.

Shall create to the military personnel standing candidates for People's Deputies, deputies of local councils, their commanders (chiefs) proper conditions for implementation of this right.

The military personnel elected to elective offices in local councils in which they work at permanent basis is affiliated to the relevant local councils with leaving on military service. Operating time of the serviceman on elective office in local council in which it works at permanent basis is set off in length of service on military service. After term of office in local council the serviceman goes to the order of military forming where he served before election, for further service on former position, and in case of its absence - on other equivalent position.

The People's Deputy of Ukraine who is the serviceman on completion date of deputy powers is affiliated to the Verkhovna Rada of Ukraine with leaving on completion date of deputy powers on military service. After the termination of powers of the People's Deputy of Ukraine he goes in accordance with the established procedure to the order of the corresponding military forming for further service on previous or, from its consent, to another, not below than previous, positions.

Military personnel has the right to create the public associations according to the legislation of Ukraine. The military personnel cannot be members of any political parties or organizations or movements. The organization by the military personnel of strikes and participation in their carrying out is not allowed.

The part six is excluded.

 The part seven is excluded.

Article 6. Realization by the military personnel of right to liberty of outlook and religion

1. The military personnel has the right to practise any religion or not to profess any, to openly state the religious or atheistic beliefs. Commanders (chiefs) of military connections and parts give opportunity to the military personnel to participate in church services and religious practices in time, free from fulfillment of duties of military service.

2. The military personnel has no right to refuse or evade from fulfillment of duties of military service based on religious beliefs and to use office powers for religious or atheistic promotion.

3. The military personnel has the right to acquisition, ownership and use of religious literature in any language, and also other objects and materials of religious appointment. Nobody has the right to interfere with satisfaction with the military personnel of the religious requirements.

4. The state does not incur obligations concerning requirements satisfaction of the military personnel connected with their religious beliefs and making of religious practices.

5. Persons whose religious beliefs interfere with passing of compulsory military service are granted the right to passing of alternative (not military) service according to the Law of Ukraine "About alternative (not military) service".

6. Creation of the religious organizations in bodies of military management, military connections and parts is forbidden.

Article 7. Immunity of the serviceman

Integrity of human beings is guaranteed to the serviceman. He cannot be arrested differently as based on the judgment.

Article 8. The basic rights of the military personnel connected with service

1. Use of the military personnel for accomplishment of the tasks which are not connected with military service is forbidden and attracts responsibility according to the law. The military personnel can be recruited in recovery from the accident, catastrophic crashes, natural disasters and in other separate cases only according to the decision of the Supreme Council of Ukraine.

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