In accordance with Article 38, paragraph 4, of the Convention on the Rights of the Child, which Ukraine ratified on February 27, 1991, States Parties are obligated to take all possible measures to ensure the protection and care of children affected by armed conflict.

The definition of the term “child affected by hostilities and armed conflicts” is contained in the Law of Ukraine “On the Protection of Children.” Currently, a child may be granted this status if, as a result of military operations or an armed conflict, they have suffered injuries, concussions, disabilities, or physical, sexual, or psychological violence; have been abducted, deported, or forcibly displaced; has been recruited into military formations, has been unlawfully detained—including as a prisoner of war, as well as a child whose parents (one parent), guardian, custodian, or other legal representative has gone missing under special circumstances or has died as a result of an armed conflict, or a child deprived of parental care on these grounds.

Bill No. 15039, registered with the Verkhovna Rada of Ukraine on February 19, 2026, proposes changing the approach to defining this category. It is proposed that a child affected by military operations and armed conflicts be defined as a child, as well as any person who was under 18 years of age (the age of majority) at the time of military operations and armed conflicts. In effect, this removes the causal link between military operations and the specific harm inflicted on the child (physical or psychological harm, death of parents, etc.), and the category itself takes on a universal character. Under this wording, all persons who were under 18 years of age during the period of armed aggression and martial law would be recognized as victims of military operations, regardless of whether individually established harm was present. This signifies a significant expansion of the group of individuals to whom this status applies. At the same time, the draft law does not change the procedure for granting this status. As before, it must be granted by the guardianship and custody authority at the place of application or at the place where the child was identified by local executive authorities and/or local self-government bodies. The procedure for granting this status will be determined by the Cabinet of Ministers of Ukraine.

Undoubtedly, the war affects children in Ukraine not only through direct physical danger but also through prolonged psychological stress, constant air raid alerts, staying in shelters, and disruptions to the educational process and social stability. Such factors can have serious consequences for children’s emotional and mental well-being, even without direct exposure to combat operations.

At the same time, it is important to consider the history of the introduction of this category. Law of Ukraine No. 936-VII of January 26, 2016, introduced Article 30¹ and the term “child affected by military operations and armed conflicts” into the Law of Ukraine “On the Protection of Children.” The legislature’s aim was to identify children who require special state protection due to the real consequences of armed aggression, the temporary occupation of territories, and mass population displacement. The relevant mechanism for granting the status of a child affected by military actions and armed conflicts is implemented by the Procedure approved by Resolution No. 268 of the Cabinet of Ministers of Ukraine dated April 5, 2017, which is based on establishing the fact of specific harm.

If Draft Law No. 15039 is adopted, it will be necessary to amend subordinate regulatory acts, in particular the aforementioned Procedure, since the current procedure requires the establishment of individual circumstances. In addition, child welfare authorities may face a significant administrative burden due to potentially massive numbers of applications.

The issue of legal capacity requires separate attention. The Law of Ukraine “On the Protection of Children” defines a child as a person under the age of 18 (the age of majority), unless, under the law applicable to that person, they attain the rights of an adult earlier. Accordingly, the status of a child affected by hostilities and armed conflicts may be granted to a person who does not have the rights of an adult. However, the draft law effectively extends this status to individuals who have attained full legal capacity before reaching the age of 18, particularly in the cases provided for in Articles 34 and 35 of the Civil Code of Ukraine (in the event of marriage registration, employment under an employment contract, or registration as an entrepreneur, when the person is listed as the child’s mother or father). The explanatory note does not contain a separate justification for this change.

As of today, the status of a child affected by military operations and armed conflicts entitles the child to free meals in state and municipal educational institutions in accordance with Resolution No. 305 of the Cabinet of Ministers of Ukraine dated March 24, 2021. The law does not currently provide for any other systemic benefits or cash payments.

Thus, Bill No. 15039 alters the concept of the status of a child affected by military operations and armed conflicts. The proposed approach requires additional conceptual and financial-economic justification, as well as harmonization with subordinate regulatory acts. An alternative way to improve legal regulation could be not to expand the circle of persons eligible for this status, but rather strengthening the guarantees for children who have already been granted this status—in particular, by providing for compensation for the costs of psychological assistance, support in obtaining vocational, pre-higher, and higher education, annual health-improvement assistance, and other targeted social support measures.