BUILDING AN EFFECTIVE REHABILITATION SYSTEM FOR MILITARY PERSONNEL: LEGAL CHALLENGES IN UKRAINE AND INTERNATIONAL EXPERIENCE

Abstract

The comprehensive analysis of Ukraine’s national legislation has been to carried out which regulates healthcare, psychological and medical assistance, and rehabilitation measures for military personnel. The key norms of the Constitution of Ukraine have been investigated, specifically Articles 3, 17, and 46, which guarantee citizens’ rights to health, social protection, and dignity, and also the Law of Ukraine “On Social and Legal Protection of Military Personnel and Their Families” (No. 2011-XII), which establishes benefits, guarantees, and compensations for this group. The secondary legislation acts have been analyzed in detail, including Cabinet of Ministers Resolutions No. 1057 of 27 December 2017 and No. 1338 of 29 November 2022, which regulate the provision of psychological rehabilitation of military personnel. Particular attention is given to legal gaps, such as the lack of clear procedures of diagnostician and treatment of posttraumatic stress disorder (PTSD), insufficient funding of rehabilitation centers, and the shortage of qualified specialists. The peculiarities of medical and psychological rehabilitation of military personnel have been analyzed, which cover physical recovery, socio-psychological adaptation, and preventive measures to reduce the effects of combat stress. It has been determined that in Ukraine the mechanisms of sending military personnel for treatment abroad, including to countries like Finland, Croatia, Israel, and the United States, where advanced rehabilitation programs, such as the Polytrauma System of Care in the U.S. or family therapy in Israel are implemented. In Finland and Croatia, the efficiency of rehabilitation is supported by centralized funding and interagency coordination which can serve as an example for Ukraine. However, there is a lack of the systematic approach to the organization of such programs in Ukraine, and also proper infrastructure and coordination between the state institutions. The positive changes in the Ukrainian legislation have been singled out in the work, including introduction of the position of Commissioner for the Rehabilitation of ATO Participants (Presidential Decree No. 536/2016) and the adoption of the State Standard of Physical and Sports Rehabilitation (Cabinet of Ministers Resolution No. 1188 of 17 November 2021). Nevertheless, these measures do not fully address the challenges posed by the full-scale war that began in 2022, through the increased number of wounded and psychologically traumatized individuals. The key challenges include inadequate funding, staff shortage, a shortage of specialized rehabilitation centers, and limited support for military families. The number of the recommendations as for the improvement of legal regulation has been suggested, such as making changes of the Law of Ukraine “On Rehabilitation in the Healthcare Sector” t to clearly define procedures for providing psychological assistance; development of the new normative act on the creation of a network of rehabilitation centers; expansion of educational programs for the preparation of rehabilitation specialists and psychologists; attraction of the international financial support. It is concluded that the effective reintegration of military personnel into civilian life requires the complex renewal of the legislative framework, strengthening interdepartmental coordination, the creation of a unified informative platform, and improved social protection for both military personnel and their families, thereby strengthening the rule of law and national security in Ukraine.