The right of employees of mining and metallurgical enterprises to legal assis-tance under martial law
- Details
- Category: Content №5 2025
- Last Updated on 25 October 2025
- Published on 30 November -0001
- Hits: 2616
Authors:
O. Y. Makarenko*, orcid.org/0000-0002-3020-0658, Donetsk State University of Internal Affairs. Kryvyi Rih, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
N. A. Makarenko, orcid.org/0000-0001-7772-0047, Donetsk State University of Internal Affairs. Kryvyi Rih, Ukraine
Y. A. Krasnova, orcid.org/0000-0001-7898-9603, State Organization V. Mamutov Institute of Economic and Legal Research of NAS of Ukraine, Kyiv, Ukraine
K. O. Nesterenko, orcid.org/0000-0003-0917-6881, State University of Economics and Technologies, Kryvyi Rih, Ukraine
M. D. Matsak, orcid.org/0009-0004-4466-9993, Donetsk State University of Internal Affairs. Kryvyi Rih, Ukraine
* Corresponding author e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu. 2025, (5): 086 - 093
https://doi.org/10.33271/nvngu/2025-5/086
Abstract:
Purpose. To analyze the peculiarities of exercising the right to legal aid for employees of mining and metallurgical enterprises under martial law, to analyze the legal acts regulating this area, and to identify problematic aspects of ensuring effective access to legal support. Particular attention is paid to the impact of the specifics of martial law on legal relations between employees and employers, as well as on the availability of legal services in the context of restrictions caused by military operations.
Methodology. The research is based on an interdisciplinary approach that combines the analysis of legal norms, empirical data and socio-economic conditions in which the right of employees to protection at mining and metallurgical enterprises under martial law is realized. In the process of writing this paper, the authors use general scientific and special methods: formal legal method for analyzing legal acts, comparative legal method for studying the practices of other countries where similar situations have arisen, and the systematic approach for assessing the impact of martial law on the protection of workers’ rights.
Findings. The study has shown that the practical realization of the right to legal aid by employees of min-ing and metallurgical enterprises under martial law faces a number of judicial, organizational and social challenges. It is found that the key problems are insufficient awareness of employees of their rights, limited access to legal services due to logistical difficulties and financial constraints, and a decrease in the effectiveness of legal protection due to the lack of clear procedures for adapting labor relations to crisis conditions.
Originality. The problematic issues are analyzed relating to the lack of awareness of employees of the mining and metallurgical industry regarding their rights and obligations. In particular, the rights to proper legal support which should be provided by the employees of the legal department. The proposals substantiated by the authors are aimed at improving the quality of free legal aid at enterprises in order to avoid the so-called “disconnection from production”.
Practical value. The practical significance is that its results can serve as a basis for improving the regulatory regulation of employment issues during martial law, as well as facilitate the effective exercise of the right to legal aid by employees of mining and metallurgical enterprises. The implementation of the proposed recommendations will increase the availability of legal services, reduce the number of legal conflicts and improve the practice of legal protection of employees in crisis conditions.
Keywords: free legal aid, industry, martial law, labor rights, legal protection
References.
1. Baranov, O. O. (2023, July 12). The system of free legal aid – 500 days of full-scale war. Free legal aid. Retrieved from
https://legalaid.gov.ua
2. The concept of free legal aid in Ukraine and abroad (2015). Journal of the Academy of Advocacy of Ukraine, 8, 40-45.
3. Harkusha, A. G., & Soldatenko, O. A. (2020). Free secondary legal aid as a way to realize the constitutional right of a person in the framework of criminal proceedings. Scientific Bulletin of Dnipro State University of Internal Affairs, 2(105), 262-268. https://doi.org/
10.31733/2078-3-566-2020-2-262-268
4. Smolinska, N., & Ravok, S. (2023). Analysis of the state of the metallurgical industry of Ukraine in the conditions of war. Bulletin of Khmelnytsky National University, 2, 235-240. https://doi.org/
10.31891/2307-5740-2023-316-2-38
5. Goncharuk, O. (2021). Mining and metallurgical complex of Ukraine: Current trends and results. Market Infrastructure, 86-97. https://doi.org/10.32843/infrastruct55-15
6. Verkhovna Rada of Ukraine (n.d.). The Law of Ukraine “On Free Legal Aid,” No. 3460-VI (2011, June 2). Retrieved from
https://zakon.rada.gov.ua
7. Availability of legal aid in the context of martial law (2023). Cedos, Info Sapiens. Retrieved from https://legalaid.gov.ua
8. Verkhovna Rada of Ukraine (n.d.). Constitution of Ukraine. Retrieved from https://zakon.rada.gov.ua
9. Center for Free Legal Aid (2025). Annual report of the free legal aid system. Retrieved from https://legalaid.gov.ua
10. Verkhovna Rada of Ukraine (n.d.). The Law of Ukraine “On Compulsory State Social Insurance,” No. 1105-XIV. (1999, September 23). Retrieved from https://zakon.rada.gov.ua
11. Verkhovna Rada of Ukraine (n.d.). Freedom of Association and Protection of the Right to Organize Convention, No. 87. (1948, July 9). International Labor Organization. Retrieved from https://zakon.ra.gov.ua
12. Supreme Court of Ukraine (2022). The operative part of the decision of the Administrative Court of Cassation as part of the Supreme Court of November 15, 2022 in case No. 990/23/22. Retrieved from
https://zakon.rada.gov.ua
13. Ukrainian Chamber of Commerce and Industry (2022, February 28). Letter No. 2024/02.0-7.1 on the certification of force majeure. Retrieved from https://ucci.org.ua
14. United Nations Development Program in Ukraine (2019). Strengthening the system of free legal aid. Analytical report. Retrieved from https://undp.org
15. Harkusha, O. S. (2019). Some aspects of the provision of free legal aid in Ukraine. Forum of Law, 2, 15-22. https://doi.org/10.5281/
zenodo2635553
16. Honcharenko, S. V. (2019). Trends in the development of the modern system of free legal aid in Ukraine. Bulletin of Odesa National University. Jurisprudence, 24(2), 41-46. https://doi.org/10.32841/2307-1745.2020.46
17. Rishko, O. V. (2016). Problems and prospects of development of the system of free legal aid in Ukraine. Scientific Journal of the Dragomanov National Pedagogical University, 18(3), 124-130.
18. Makarenko, N. A., Makarenko, O. Yu., Krasnova, Yu. A., Nazymko, O. V., & Ivanenko, D. D. (2023). Problems of prosecution for crimes against environmental security in the conditions of martial law. Scientific Visnyk of the National Agricultural University, 5, 122-127. https://doi.org/10.33271/nvngu/2023-5/122
19. Makarenko, N. A., & Makarenko, O. Yu. (2023). Legal regulation of economic activity during the period of armed aggression against Ukraine. Scientific Visnyk of the National Agricultural University, 1, 187-192. https://doi.org/10.33271/nvngu/2023-1/187
Newer news items:
- Education 4.0: innovative approaches to competence development in digital organizations - 25/10/2025 01:30
- Post-industrial transformations of society and their impact on the employment structure - 25/10/2025 01:30
- Methodological principles of forming a marketing GTM strategy for an IT product in the digital economy - 25/10/2025 01:30
- Sustainable development strategies for the construction industry of Ukraine: problems and prospects - 25/10/2025 01:30
- The role of the institutional environment in regulating innovative activities in the industry - 25/10/2025 01:30
- Legal aspects of information security in Ukraine in the conditions of European integration and war - 25/10/2025 01:30
- Empirical comparison of five deep learning architectures for GNSS time-series data forecasting - 25/10/2025 01:30
- Quantum machine learning for fusion of multichannel optical satellite images - 25/10/2025 01:30
- Minimizing the impact of motor vehicles on the environment and the health of the population of agglomerations - 25/10/2025 01:30
- Improving the algorithm for determining the competence of employees in terms of labor safety - 25/10/2025 01:30
Older news items:
- Impact of topographic data on electric vehicle energy prediction - 25/10/2025 01:30
- Influence of deformation parameters on mechanical behaviour of aluminium-magnesium roll-bonded composites with kirigami-structured inlays - 25/10/2025 01:30
- Assessment of the fatigue strength of a tank wagon car boiler taking into account corrosive wear - 25/10/2025 01:30
- DECARBUST: decarbonization and dust technologies for sustainable mining operations - 25/10/2025 01:30
- Selection of an aggregate quarry mining technology with variable depth and productivity based on cost price - 25/10/2025 01:30
- Uncertainty assessment in mineral resource estimation using geostatistics and Monte Carlo simulation - 25/10/2025 01:30
- Mineral and geochemical features of the porphyry copper ores at Koktaszhal deposit, central Kazakhstan - 25/10/2025 01:30
- Genetic implications of the Ain Sedma iron mineralization, NE Algeria - 25/10/2025 01:30
- Prediction of coal seam occurrence using numerical methods and a three-dimensional geoinformation system - 25/10/2025 01:30



