Адміністративно-правові механізми захисту прав дитини в умовах воєнного стану: проблеми реалізації та способи вдосконалення

Abstract

The article examines the administrative and legal mechanisms for protecting children's rights under martial law in Ukraine, caused by the armed aggression of the Russian Federation. The focus is on the systemic challenges that the state has faced in ensuring the basic rights of children - to life, safety, education, medical care, social protection and family upbringing. It is noted that despite the presence of a broad regulatory and legal framework, the mechanisms for its implementation in the context of armed conflict remain fragmented, insufficiently coordinated and limited due to personnel, procedural and technical factors. Particular attention is paid to the problems of evacuating children from combat zones, the difficulties of distance education, limited access to social benefits, difficulties in establishing the status of orphans and children deprived of parental care, as well as the legal and humanitarian aspects of the illegal transfer of children to temporarily occupied territories. The study describes the activities of the main subjects of administrative protection - children's services, social service centers, guardianship and trusteeship bodies, police, military-civilian administrations. Based on the analysis of national legislation, international legal norms and practice of protecting children in conflict situations, a number of measures are proposed to improve administrative-legal mechanisms. In particular, these include the implementation of a special legal regime for protecting children during war, the introduction of a new definition of "child separated from parents as a result of a military conflict", the creation of a national register of affected children, the formation of interdepartmental response groups, the expansion of the powers of child protection services and the strengthening of international cooperation with humanitarian organizations. The proposed approaches are based on the principles of child-centeredness, efficiency, interdepartmental coordination and adaptation to emergency conditions. The implementation of the proposed solutions will contribute to increasing the effectiveness of the system for protecting children's rights in Ukraine under martial law.