Bill No. 15267 “On Social Support for War Veterans Who Have Suffered a Significant Loss of Functional Capacity as a Result of Defending the Motherland Against Armed Aggression by the Russian Federation” aims to introduce a new social protection mechanism for veterans who have suffered a significant reduction in functional capacity as a result of participating in combat operations. The bill proposes an alternative approach to the current disability system, emphasizing the assessment of an individual’s functional limitations and their impact on daily life.

A positive aspect of the bill is its aim to improve the system of support for veterans and ensure a more individualized approach to determining the scope of social guarantees.

This approach is generally in line with current trends in the development of social protection and rehabilitation systems for individuals who have suffered injuries or other health impairments as a result of war.

At the same time, certain provisions of the bill require further refinement.

Uncertainty Regarding the Relationship with the Current Disability System

The main problem with the draft law is the lack of a clear relationship between the new status of a veteran with a significant loss of functionality and the status of a person with a war-related disability. The bill does not specify whether these statuses are mutually exclusive or can be applied simultaneously, nor does it clarify which one takes precedence in cases where rights and guarantees overlap.

Such uncertainty could lead to overlapping legal regimes, inconsistent treatment of individuals in similar circumstances, and disputes regarding the scope of applicable social benefits and privileges.

Lack of Clear Criteria for “Significant Loss of Functionality”

A key concept in the draft law lacks a proper legal definition and is not integrated into the existing health assessment system.

The law does not contain exhaustive criteria for determining the degree of loss of functionality or an individual’s entitlement to the corresponding status.

Under these conditions, a significant portion of the regulation is effectively shifted to the level of subordinate legislation, creating a risk of a subjective approach to decision-making and inconsistent application of the law.

Unregulated Mechanism for Choosing Social Benefits

The draft law provides for an individual’s right to choose between different types of social security benefits but does not specify the mechanism for exercising this right.

In particular, it is not specified at what stage the choice is made, whether it can be changed in the future, and what legal consequences will result from opting out of one type of benefit in favor of another.

The lack of a clear procedure creates the risk of inconsistent application of the law by different agencies and may lead to restrictions on veterans’ rights due to differing interpretations of the relevant provisions.

Uncertainty Regarding the Legal Nature of the Payments

Certain provisions of the bill allow the proposed payments to be viewed not only as a form of social support but also as compensation for harm to health resulting from participation in combat operations.

At the same time, the bill does not clearly define their legal nature or their relationship to other types of state guarantees.

As a result, the question arises as to whether such payments are of a social nature or are, in fact, compensatory (reparations) mechanisms. The absence of such a distinction may complicate the practical application of the law and create additional legal conflicts.

Excessive Reliance on Subordinate Legislation

A significant number of key issues related to the determination of status, the criteria for assessing an individual’s condition, and the procedure for awarding payments remain to be addressed by subordinate regulatory acts.

This approach may lead to excessive discretion on the part of the authorized bodies and creates the risk of changes to the conditions for exercising this right without amending the law itself.

The Need for Regulatory and Financial Coordination

Implementation of the draft law will require comprehensive coordination with existing legislation in the areas of social protection for veterans, pension provision, disability determination, and rehabilitation. In addition, the introduction of new types of social support requires proper financial and economic justification and an assessment of the long-term budgetary burden.

Thus, Bill No. 15267 raises the important issue of strengthening social support for war veterans who have suffered significant health impairments as a result of defending Ukraine.

At the same time, its provisions require further refinement regarding the definition of the legal status of support recipients, the establishment of clear criteria for loss of functionality, the regulation of the mechanism for selecting benefits, and alignment with the existing social protection system.

Only if these shortcomings are addressed will the bill be able to ensure an adequate level of legal certainty and effective practical implementation.