Legal construction of the legal status of a child during armed conflict

The article examines the legal construction of the legal status of a child during armed conflict as a basis for the formation of a system of special protection mechanisms for children during armed conflict. The construction proposed by the author is universal in nature without reference to any concrete armed conflict. The purpose of forming the legal structure of a child's legal status during armed conflict is to identify the categories of children who have the right to have such status and, accordingly, to receive the protection provided for by it. The author examines the structural elements of such a framework and offer their own vision. The article analyzes the doctrinal approaches to the formation of legal status in general, and during armed conflict in particular. The theoretical knowledge became the basis for the formation of the legal structure of the legal status of a child during armed conflict. The author also analyzes the dynamics of Ukrainian legislation in the context of the formation of the legal status of a child since 2014. In particular, the author outlined and took into account the “childhood peculiarities” of development and reaction to all manifestations of the armed conflict, which were taken into account in the formation of the author's model. The author proposed the formation of a universal model of a child's legal status during armed conflict, which should exist independent of whether there is an armed conflict in the State, so that in the event of an armed conflict, child protection mechanisms are already developed and ready for implementation. Methodological basis of the study: document analysis, systematic process during the writing of the article, which was manifested in reading, identifying specific provisions, and categorizing information, comparative analysis, generalization method.

child, armed conflict, special protection, legal status, legal construction