Legal mechanism for securing humanitarian assistance by Ukrainian defense forces during the initial phase of the full-scale Russian invasion
| Date | 10 October 2024 |
| Pages | 1-18 |
| DOI | https://doi.org/10.1108/JACPR-07-2024-0923 |
| Published date | 10 October 2024 |
| Subject Matter | Health & social care,Criminology & forensic psychology,Aggression,conflict & peace,Sociology,Gender studies,Gender violence,Political sociology,policy & social change,Social conflicts,War/peace |
| Author | Yuriy Harust,Bohdana Pavlenko |
Legal mechanism for securing
humanitarian assistance by Ukrainian
defense forces during the initial phase of
the full-scale Russian invasion
Yuriy Harust and Bohdana Pavlenko
Abstract
Purpose –This paper aims to provide a comprehensive analysis of the legal status and mechanisms
involvedin the receipt and registration of humanitarianaid by Ukrainian defense forces. The study aimsto
highlight the importance of propercontrol and accountability by military unit commanders, addressing
the challengesand responsibilities associated with the managementof humanitarian aid during the initial
phase of the full-scaleRussian invasion.
Design/methodology/approach –This study uses a qualitativeapproach, analyzing legal documents,
organizationalprocedures and case studies related to the receipt and registrationof humanitarian aid by
Ukrainian defense forces. The research involves examining the actions of military unit commanders,
identifying gapsin existing legislation and proposing improvementsbased on observed challenges and
best practices.
Findings –The study finds that thelegal status and proper accounting of military property received as
humanitarian aid are critical for ensuring its effective use. It identifies significant challenges in the
organizational and legal mechanisms, including issues of non-receipt and non-registration of aid. The
findings emphasize the need for improved legislation, better control measures and increased
accountability of military unit commanders to enhance the efficiency and transparency of humanitarian
aid managementduring conflict situations.
Research limitations/implications –The research is primarilylimited by the availability and reliabilityof
data due to the ongoing conflict,which may affect the comprehensiveness of the analysis. Additionally,
the dynamic nature of the legal and organizational environment during wartime poses challenges in
maintaining updated information. Future studies could benefit from longitudinal data and comparative
analysiswith other conflict zones to enhance the robustnessand applicability of findings.
Practical implications –This study provides actionable recommendations for improving the legal
framework and organizational processes related to humanitarian aid in military contexts. It offers
guidance for military unit commanders on best practices for receiving, accounting and preserving aid.
The findings aim to inform policymakers and military officials to ensure more effective and transparent
management of humanitarian resources, ultimately enhancing the operational capabilities of the
UkrainianArmed Forces.
Social implications –By addressing the legaland organizational challenges in managing humanitarian
aid, this research contributesto the overall welfare of military personnel and affected civilians. Ensuring
the effectiveuse of humanitarian aid can improvethe living conditions and morale of soldiersand support
communities impacted by the conflict. The study also highlights the importance of accountability and
transparency, fostering trust among international donors and encouraging continued support for
humanitarianefforts in Ukraine.
Originality/value –This study provides a novel and comprehensive examination of the legal
mechanisms and organizationalpractices involved in the receipt and registration of humanitarianaid by
the Ukrainian defenseforces during the initial phase of the Russian invasion.By focusing on the unique
challenges faced in this conflict, the research offers original insights into the legal status of military
property receivedas aid and the accountability of military commanders. The findingscontribute valuable
Yuriy Harust is based at
National University of
Defense of Ukraine, Kyiv,
Ukraine. Bohdana Pavlenko
is based at Sumy State
University, Sumy, Ukraine.
Received 18 July 2024
Revised 24 August 2024
Accepted 25 August 2024
Funding: No funds, grants or
other support was received.
Authors contributions: Authors’
contributions are equal.
Availability of data and
materials: Data will be available
on request.
Consent to participate:
Informed consent was obtained
from all individual participants
included in the study.
Consent for publication: All
individual participants agreed
to be included in the study.
Conflicts of interest: The
authors declare they have no
financial and competing
interests.
Ethical approval: All procedures
performedin studies involving
humanparticipants were in
accordancewith the ethical
standardsof the institutional
and nationalresearch
committeeand with the 1964
Helsinkideclaration and its later
amendmentsor comparable
ethicalstandards.
DOI 10.1108/JACPR-07-2024-0923 VOL. 17 NO. 1 2025,pp. 1-18, ©Emerald Publishing Limited, ISSN 1759-6599 jJOURNAL OF AGGRESSION, CONFLICT AND PEACE RESEARCH jPAGE 1
recommendations for policy and practice, aiming to enhance the effectiveness and transparency of
humanitarianaid management in conflict situations.
Keywords Humanitarian aid, Russian–Ukrainian war, Armed forces of Ukraine, Military property,
Military units, Organizational and legal mechanism
Paper type Research paper
Introduction
The full-scale invasion of Russiantroops into Ukraine on February 24, 2022, not only caused
horrific human casualties and destruction but also presented Ukraine with a number of
humanitarian challenges. One of these was providing the Armed Forces of Ukraine with the
necessary resources for the country’sdefense.
In this situation, humanitarian aid has played and continues to play a crucial role. It is being
sent to Ukraine from all over the world by international humanitarian organizations,
charitable foundations, governments and private individuals.A significant portion of this aid
consists of military supplies, food, medicine, communication equipment and other material
resources.
An important aspect in this field is the legal mechanism for receiving and accounting for
humanitarian aid by the defense forcesof Ukraine. This article is dedicated to this issue.
The article examines the following issues: The legal status of military property received as
humanitarian aid. The organizational and legal mechanism of actions by the command of
military units in this field. Responsibility for not receiving or not accounting for humanitarian
aid. Analysis of problems that have arisen in this field as a result of the full-scale invasion of
the Russian Federation into the territoryof Ukraine.
The aim of the article is to provide a clear understanding of the legal aspects related to
the receipt and accounting of humanitarian aid for military units, and to emphasize the
importance of proper control and the responsibility of military unit commanders for the
accounting, use and preservationof military property.
The practical significance of this study lies in its potential use for: Improving existing legislation
in the field of receiving and accounting for humanitarian aid. Develop ing recommendations for
military unit commanders on legal mechanisms for accountin g, using and preserving military
property. Increasing awareness of the legal aspects of receiving and accountin g for
humanitarian aid among military personnel.
The results of this study are expected to help ensure legality and transparency in this
important field, as well as to maximize the effectiveness of the use of humanitarian aid for
the needs of the Armed Forces ofUkraine.
Methods
To achieve the research goal and analyze the legal mechanism for receiving humanitarian
aid by the defense forces of Ukraine, a comprehensive set of scientific research methods
was applied:
䊏Systemic analysis –allowed for the examination of the legal regulation of humanitarian
aid receipt within the framework of current Ukrainian legislation.
䊏Comparative jurisprudence method –enabled the comparison of the legal regulation of
this issue in Ukraine before the onset of full-scale Russian invasion of Ukrainian territory
and after February 24, 2022.
䊏Formal-dogmatic method –contributed to the interpretation of legal norms governing
the receipt and accounting of humanitarian aid by military units.
PAGE 2 jJOURNAL OF AGGRESSION, CONFLICT AND PEACE RESEARCH jVOL. 17 NO. 1 2025
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