of December 20, 1991 No. 2011-XII
About social and legal protection of the military personnel and members of their families
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.
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.
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.
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
Nobody has the right to limit military personnel and members of their families in the rights and freedoms determined by the legislation of Ukraine.
1. Operation of this Law extends on:
1) 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, state bodies of special purpose with law-enforcement functions, Services of foreign intelligence of Ukraine, prospecting body of the Ministry of Defence of Ukraine, prospecting body of the central executive body realizing state policy in the sphere of protection of frontier, Public service of special communication and information security of Ukraine (further - military forming, law enforcement and prospecting agencies) passing military service in the territory of Ukraine, and the military personnel of the military forming stated above, law enforcement and prospecting agencies - the citizens of Ukraine fulfilling military duty outside Ukraine including in the territory of the state aggressor, during their direct participation in implementation and/or ensuring implementation of the actions necessary for ensuring defense of Ukraine, protection of safety of the population and interests of the state in connection with the armed aggression against Ukraine, and also on 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;
4) members of voluntary forming of territorial communities during their participation in actions of preparation of voluntary forming of territorial communities, and also accomplishment of tasks of territorial defense of Ukraine by them.
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 of criminal or administrative offense by them 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 the foreigners and persons without citizenship passing military service in the Armed Forces of Ukraine except the provisions concerning cash cover and provision of leaves by the serviceman.
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.
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.
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. Opportunity to participate in church services and religious practices during fulfillment of duties of military service is provided to the military personnel with the permission of the commander (chief) of military connection or part.
3. 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.
4. 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.
5. The state does not incur obligations concerning requirements satisfaction of the military personnel connected with their religious beliefs and making of religious practices.
6. 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".
7. Creation of the religious organizations in bodies of military management, military connections and parts is forbidden.
Integrity of human beings is guaranteed to the serviceman. He cannot be arrested differently as based on the judgment.
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.
Time of stay of citizens of Ukraine on military service is set off in their insurance years of service, length of service, length of service in the specialty, and also in years of service of public service. Time of passing of compulsory military service and military service of faces of officers, and also time of passing of military service during the special period which appears according to the Law of Ukraine "About defense of Ukraine" are set off in the length of service granting the right to award of pension on age on favorable terms if at the time of appeal on compulsory military service, military service of faces of officers, military service during the special period which appears according to the Law of Ukraine "About defense of Ukraine" person studied in the specialty in professional educational institution, worked by profession or held position, grants the right to award of pension on age on favorable terms. Training time in professional educational institution, time of passing of compulsory military service, and also time of passing of military service during the special period, appears according to the Law of Ukraine "About defense of Ukraine" which are set off in the length of service granting the right to award of pension on age on favorable terms shall not exceed the available length of service granting pension entitlement on age on favorable terms. Time of passing by the military personnel of military service during the special period which appears according to the Law of Ukraine "About defense of Ukraine" is set off in their lengths of service, length of service, length of service in the specialty, and also in years of service of public service on favorable terms according to the procedure, determined by the Cabinet of Ministers of Ukraine.
Freedom of scientific, technical and art creativity is guaranteed to the military personnel.
In case of temporary replacement with the serviceman of higher command position payment is made in accordance with the established procedure according to the replaced position.
2. The military personnel cannot be discharged from military service before acquisition of right to long-service pension, except the cases provided by the law.
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