LEGAL REGULATION OF THE PROTECTION OF EMPLOYEES’ LABOR RIGHTS IN THE CONTEXT OF DIGITALIZATION AND DECENT WORK: A THEORETICAL ASPECT

Abstract

This article examines the dual nature of the legal status of military chaplains of
the National Guard of Ukraine (NGU) in the context of armed conflict and the transformation of
the state’s security and defense sector. Particular attention is paid to the analysis of the legal and
regulatory framework governing the organization and functioning of the military chaplaincy
service, as well as to identifying the specific features arising from the combination of the
characteristics of a servicemember and a clergy member within the status of a military chaplain.
The relevance of the study is determined by the growing role of the chaplaincy service in providing
moral and psychological support to NGU personnel, fostering the spiritual resilience of
servicemembers, and strengthening their motivation to perform service and combat tasks.
The paper analyzes the provisions of Ukrainian national legislation regulating the activities
of military chaplains, as well as selected norms of international humanitarian law concerning the
status of religious personnel during armed conflicts. It is substantiated that under martial law the
legal status of NGU military chaplains acquires specific characteristics related to their integration
into the state’s military organization while simultaneously fulfilling a humanitarian and spiritual
mission. It is noted that this dual status gives rise to a number of theoretical and practical issues
associated with determining the limits of their authority, the peculiarities of service performance,
legal liability, and guarantees of legal protection.
The study establishes that the current legislation of Ukraine does not provide sufficient
clarity regarding the legal personality of military chaplains within the NGU structure, particularly
with respect to the relationship between their military duties and spiritual vocation, the scope of
their social and legal guarantees, and the mechanisms for ensuring their safety while performing
official duties in combat areas. Based on the conducted analysis, the author proposes an original
approach to understanding the legal nature of the military chaplain’s status as a special form of
public service that combines elements of military and spiritual activity. It is concluded that further
improvement of the legislative regulation of the status of NGU military chaplains is necessary in
order to ensure legal certainty in their activities and enhance the effectiveness of the functions
entrusted to them.