Legal Status of Foreign Volunteers: Ukrainian Realities and Perspectives

Abstract

The article is devoted to the study of relations on determining the legal status of foreign volunteers and stateless persons who participated in the ATO / JFO; to the study of practical mechanisms of acquiring the status of a participant in hostilities by foreign volunteers, of their acquisition of Ukrainian citizenship, clarification of possible social and legal guarantees for such persons. The study was conducted on the basis of analysis of domestic legislation, international legal acts, draft legislative acts to determine the legal status of foreigners and stateless persons who participated in the protection of territorial integrity and inviolability of Ukraine, as well as scientific works of domestic and foreign researchers. Currenrly in Ukraine there is a legal basis for resolving the issue of obtaining citizenship and providing social protection guarantees for foreign volunteers and their families, but there is a need to improve the legal mechanisms for implementing simplified procedures for obtaining Ukrainian citizenship. In particular, the draft law on amendments to the Law of Ukraine "On Citizenship of Ukraine" on simplified acquisition of Ukrainian citizenship by foreigners and stateless persons who participated in the protection of territorial integrity and inviolability of Ukraine has passed a preliminary hearing and is awaiting final adoption. If the bill is adopted, the procedure for acquiring Ukrainian citizenship will be simplified: for citizens of the Russian Federation who have been persecuted for their political beliefs; persons who have served (or are serving) military service under a contract in the Armed Forces of Ukraine; persons who directly participated in the Anti-Terrorist Operation / Joint Forces Operation.