Issue: № 2, 2026
Doi: https://doi.org/10.37634/efp.2026.2.14
The paper provides a comprehensive legal analysis of the evolution of the legal status of individuals who fought for the independence of Ukraine in the 20th century, specifically focusing on the members of the Organization of Ukrainian Nationalists (OUN) and the Ukrainian Insurgent Army (UPA). Guided by the constitutional principles of Ukraine as a sovereign, social, and law-governed state, the author examines the transition from a «legal vacuum» to a structured system of state recognition. The study highlights that until 2015, the legal status of these individuals was characterized by fragmentation and legal collisions, creating a significant asymmetry compared to the status of former Soviet military and security personnel. The paper analyzes the pivotal role of the «decommunization laws» of 2015, which officially recognized the legitimacy of various forms of struggle for independence. A central focus is placed on the 2018 legislative amendments to the Law «On the Status of War Veterans, Guarantees of Their Social Protection». The author argues that these changes corrected historical and factual inaccuracies regarding the periods of UPA activity (previously limited to 1941-1944) and expanded the criteria to include the entire period of the armed resistance. Furthermore, the paper details the administrative procedure established by Cabinet of Ministers Resolution No. 604 (2019). It examines the evidentiary requirements for obtaining combatant status, including the use of archival materials, photographs, and the unique legal mechanism of using witness testimonies in cases where official documents were destroyed or classified by Soviet repressive organs. The author concludes that the institutionalization of respect and the granting of combatant status to OUN and UPA members are not merely acts of social welfare but essential components of the state policy of national memory and historical justice. This process serves as a vital tool for national consolidation and a defensive measure against foreign ideological propaganda that seeks to delegitimize Ukrainian statehood.
Keywords : legal status, combatant, fighters for independence, OUN, UPA, historical justice, state memory policy, social protection, administrative procedure, Ukrainian statehood
References:
1. Verkhovna Rada of Ukraine. On the status of war veterans, guarantees of their social protection. 1993. Law No. 3551-XII. URL: https://zakon.rada.gov.ua/laws/show/3551-12#n45 (in Ukrainian).
2. Kartashov, A. H. Features of the implementation of national memory policy: public administration aspect. Law and State Administration. 2024. No. 2. рр. 147–157 (in Ukrainian).
3. Verkhovna Rada of Ukraine. (2015). On the legal status and honoring the memory of fighters for the independence of Ukraine in the 20th century. 2015. Law No. 314-VIII. URL: https://zakon.rada.gov.ua/laws/show/314-19#Text (in Ukrainian).
4. Rada recognized all OUN-UPA warriors as combatants. Dzvin Media Group. 2018. URL: https://dzvin.media/news/rada-viznala-usih-voyiniv-oun-upa-uchasnikami-boyovih-diy/ (in Ukrainian).
5. Cabinet of Ministers of Ukraine. On approval of the Procedure for granting the status of a combatant to persons recognized as fighters for the independence of Ukraine in the 20th century. 2019. Resolution No. 604. URL: https://zakon.rada.gov.ua/laws/show/604-2019-%D0%BF#n9 (in Ukrainian).
6. Cabinet of Ministers of Ukraine. On approval of the Regulation on the commission of the Ministry of Defense of Ukraine on the issues of considering materials on recognition as participants in hostilities, participants in war and resolving controversial issues regarding the inclusion of individual periods of service in the length of service and the Instruction on the procedure for issuing certificates of a participant in hostilities, badges «War veteran – participant in hostilities» and coupon sheets for the right of war veterans to receive travel tickets with a 50 percent discount on their cost in the Ministry of Defense of Ukraine. 2022. Resolution No. 369. URL: https://zakon.rada.gov.ua/laws/show/z1441-22#n91 (in Ukrainian).