Legal regulation of the provision of comprehensive rehabilitation to military personnel participating in a special military operation.

Semiannikova Dina Aleksandrovna ORCID: 0000-0001-5113-5958 PhD in Law Associate Professor of the Department of Law of the North-West Institute of Management of the Russian Presidential Academy of National Economy and Public Administration 197022, Russia, Saint Petersburg, Saint Petersburg, Kamennoostrovsky Prospekt, 66 dinka92-spb@mail.ru Other publications by this author

Rehabilitation of military personnel plays a crucial role in ensuring their successful reintegration into civilian life after the end of military service.

At the moment, the legislation on military personnel of the Russian Federation is undergoing major changes. The conduct of a special military operation on the territory of Ukraine (hereinafter referred to as SVO) gave a great impetus to the development of legal regulation of relations arising between the state and the military, as well as to the revision of basic laws Federal Law No. 53-FZ dated 03/28/1998 "On Military Duty and Military Service", Federal Law No. 5-FZ dated 12.01.1995 "On veterans", as well as the active development of legislation in the field of social security for military personnel.

One of the significant blocks of social security for a serviceman is the rehabilitation of a serviceman who returned from the area of his military service. Despite the extensive legal support for the monetary provision of military personnel, the issue of the possibility of rehabilitation, and most importantly, the grounds for the right to carry out appropriate rehabilitation measures, is quite acute. The reasons for this are quite clear: the state began to face this issue relatively recently, which led to the emergence of new tasks:

· Firstly, updating existing legislation, inventing new legal mechanisms, as well as creating a legal framework that allows organizing the provision of the right to rehabilitation of military personnel in accordance with the current situation.

Secondly, the need for practical provision of rehabilitation measures: the use of existing tools: from the development of methods and methods of rehabilitation and technical equipment to the involvement of structures (organizations) that can use their existing resources to organize the necessary rehabilitation measures and create new ones.

N. V. Antipyeva considers the differentiation of the legal regulation of social security for military personnel as a system of legally significant factors taken into account in the process of streamlining public relations in order to achieve the most complete compensation for social risk^[1], to which military personnel are exposed. Obviously, the form of military service is of particular importance when taking into account the needs of a particular serviceman, namely, his possession of a special legal status.

The amount of social security varies significantly depending on the category to which a serviceman belongs, but one way or another, all those participating in the SVO (including mobilized, volunteers) have signed contracts with the Armed Forces of the Russian Federation and perform the same tasks set within the framework of the SVO, as well as bear equal risks to which their health and life are exposed (injuries, injuries, contusions, mutilations, deaths) .This circumstance suggests the need to unify their status, which establishes the right to rehabilitation and their social integration into society.

Returning to rehabilitation, it should also be noted that military personnel who serve and are in military hospitals with wounds and injuries are entitled to rehabilitation measures as part of the provision of leave and referral to military medical institutions (including rehabilitation, depending on the nature of the injury sustained by the serviceman).

In this study, rehabilitation will be considered as a set of measures that include not only medical recovery, but also the social adaptation of a serviceman who returned from the SWO zone. This circumstance clearly outlines the range of subjects to whom events can be provided in a complex. So, in order to conduct research in the field of legal regulation of social security in the form of comprehensive rehabilitation of military personnel participating in the SVO, it is necessary to determine the legal status of military personnel who returned from the SVO zone.

Military personnel who have returned from the area of their military service, subject to comprehensive rehabilitation, can be divided into 2 categories:

1) military personnel who have received the status of a combat disabled person.

2) military personnel who have received the status of a combat veteran.

Separately, it should be noted that the acquisition of these statuses takes time, and, often, from the practical side, takes longer than prescribed in the legislation due to the lack of documents from returning servicemen confirming exclusion from the military unit due to the expiration of the contract or its termination due to injury. This circumstance significantly "slows down" the process of acquiring status, and, accordingly, the emergence of the right to rehabilitation.

It is also important to say that the so-called comprehensive rehabilitation in the form of targeted support for the families of military personnel participating in their military service during their service is not considered in this study.

In accordance with Article 4 of Federal Law No. 5-FZ of 12.01.1995 "On Veterans", a serviceman can acquire the status of a combat disabled person if a serviceman participating in his military service has become disabled as a result of injury, contusion, injury or illness received:

1) persons who have concluded a contract (who had other legal relations) with organizations that contribute to the fulfillment of the tasks of the Armed Forces of the Russian Federation during

2) persons who joined volunteer formations created by decision of the state authorities of the Russian Federation.

3) persons who, in accordance with the decisions of the state authorities of the Donetsk People's Republic, the Luhansk People's Republic, took part in hostilities as part of the Armed Forces of the Donetsk People's Republic, the People's Militia of the Luhansk People's Republic, military formations and bodies of the Donetsk People's Republic and the Luhansk People's Republic starting on May 11, 2014 (in connection with participation in specified combat operations).

The status of a combat veteran is acquired in accordance with Article 3 of the Federal Law "On Veterans" and the right to acquire it is possessed by the above-mentioned persons who have not received the status of a disabled person due to injury, contusion, injury or illness received during their military service.

Military personnel have the right to free medical care, including the manufacture and repair of dentures (with the exception of dentures made of precious metals and other expensive materials), free provision of medicines, medical products according to doctors' prescriptions not only in medical, but also in military medical units, units and military medical institutions. Only in the absence of military medical institutions or special medical equipment in them at the place of military service or place of residence, as well as in urgent cases, medical care is provided in institutions of the state or municipal health care systems ^[2].

In accordance with Federal Law No. 53-FZ dated 03/28/1998 "On Military Duty and Military Service", the right of a citizen to respect his rights and the rights of his family members, including social guarantees established by the legislation of the Russian Federation defining the status of military personnel and the procedure for military service, is terminated from the moment the contract ends and the serviceman is excluded from the lists military unit. At the same time, according to paragraph 4, paragraph 5, Article 16 of the Federal Law "On the Status of Military Personnel", citizens discharged from military service as a result of injury (wounds, injuries, contusions) or diseases they received in the performance of military service duties, as a result of certain diseases received during military service, may be accepted for examination and treatment in military medical organizations in accordance with the procedure determined by the Ministry of Defense of the Russian Federation.

It is worth agreeing with Manannikov D.Yu. about the legally precise wording of this provision, that if the Federal Law "On the Status of Military Personnel" contains the wording "may be accepted", then this circumstance is at the discretion of the official, and therefore, citizens of the category in question who are discharged from military service "may not be accepted" for examination and treatment in military medical organizations ^[3]. This circumstance infringes on the rights of such citizens to a large extent, but today it is about guarantees of medical care and the provision of measures related to the rehabilitation of citizens discharged from military service (who will later acquire the status of combat veterans)  It is possible to speak only within the framework of Federal Law No. 323-FZ dated 11/21/2011 "On the basics of public Health protection in the Russian Federation".

Rehabilitation of combat invalids is determined by its status and presupposes the existence of all the rights of persons with an established disability. R.N. Zhavoronkov rightly notes a wide range of needs of disabled people, which affects their legal status and is one of the distinctive characteristics as subjects of social security^[4]. It is important to note that social security in the form of comprehensive rehabilitation of such a serviceman begins from the moment the status of a disabled person is established. The main law enshrining the rights of persons with disabilities, including rehabilitation, is Federal Law No. 181-FZ dated 11/24/1995 "On Social Protection of Persons with Disabilities in the Russian Federation" (hereinafter - the Federal Law "On Social Protection of Persons with Disabilities"). Thus, according to Article 9 of the Federal Law "On Social Protection of the disabled"  the main directions of rehabilitation and habilitation of the disabled include:      medical rehabilitation, reconstructive surgery, prosthetics and orthotics, sanatorium treatment. In accordance with the Federal List of rehabilitation measures, technical means of rehabilitation and services provided to a disabled Person, approved by Decree of the Government of the Russian Federation dated 12/30/2005 No. 2347-r "On the Federal List of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person" (hereinafter – the Federal List), rehabilitation measures include: rehabilitation therapy (including drug provision in the treatment of a disease that has caused disability); reconstructive surgery (including drug provision in the treatment of a disease that has caused disability); sanatorium treatment provided in the provision of state social assistance in the form of a set of social services; prosthetics and orthotics, provision of hearing aids; provision of vocational guidance for disabled people (vocational training, retraining, professional development).

During the medical and social examination conducted to establish disability for a citizen, an individual rehabilitation and habilitation program is also developed and approved, including rehabilitation measures optimal for a disabled person. (Order of the Ministry of Labor of the Russian Federation No. 545n dated 06/26/2023 "On Approval of the Procedure for the Development and Implementation of an individual rehabilitation or habilitation program for a disabled person, an individual rehabilitation or habilitation program for a disabled child issued by federal institutions of medical and social expertise, and their forms").

Based on the specifics of the basis for obtaining the status of a disabled person (the reason for disability indicated in the ITU certificate is participation in military operations) The ITU Federal Bureau has developed recommendations (Methodological Letter of the Federal State Budgetary Institution of the ITU of the Ministry of Labor of the Russian Federation dated 08/29/2022 N 33007.fb77/2022) concerning the issues of referral to the ITU and the passage of the ITU by the participants of the IAS, pointing out the specifics of the development and implementation of an individual rehabilitation or habilitation program (IPRA) for disabled people due to military trauma.

If the legal system is relatively ready to provide rehabilitation measures for combat invalids, again, not fully taking into account the specifics of disability, then the rehabilitation of all citizens who returned from the area of their military service, namely combat veterans, is not fair and sufficient.

This is due to the lack of two necessary mechanisms:

1) legal, which leads to a "curtailment" of the rights of citizens who were discharged from military service at the end of the contract and did not receive the legal status of a disabled person.

2) the resource, which will be discussed below.

Continuing to talk about the complexity of the rehabilitation measures provided, it is important to note that now the state is at the point of searching and developing new mechanisms to provide returning servicemen with comprehensive rehabilitation to return to a stable peaceful life. Speaking about the specifics of the subject to which comprehensive rehabilitation is aimed, it is also worth mentioning the specifics of providing certain types of assistance within the framework of rehabilitation. Among the most important aspects of rehabilitation, scientists point to medical, physical, psychological, professional and social^[5]. Thus, Ismagilova Yu.V. points out that the organization of timely psychological assistance to citizens during various special circumstances (natural disasters, natural and man-made disasters, pandemics) is relevant and topical in the modern world, the current regulatory legal acts do not regulate the entire range of issues arising in the provision of psychological assistance^[6]. Many scientists also speak about the importance of medical and psychological rehabilitation for each serviceman^[7][8]. In addition, scientists note the importance of the so-called social rehabilitation of military personnel participating in armed conflicts, reflecting the procedural characteristics of the return of combatants to a normal peaceful life among people not traumatized by military operations^[9][10], as well as the importance of facilitating their employment^[11].

Vladimir Putin instructed the Government to develop a program of vocational training, employment, rehabilitation, psychological support for participants in a special military operation, and counseling support for their families. By Decree of the President of the Russian Federation dated 04/03/2023 No. 232 "On the establishment of the State Fund for Support of Participants in the Special Military Operation Defenders of the Fatherland", the State fund Defenders of the Fatherland (hereinafter referred to as the Fund) was established in order to create conditions ensuring a decent life and active activity of participants in the special military operation, other persons and members of their families. To achieve this goal  The decree outlined a range of necessary measures that together contribute to achieving this goal: providing comprehensive support for military personnel, including personal support, as well as ensuring social adaptation, integration and re-socialization, training (retraining, advanced training), assistance in finding employment, assistance in obtaining medical rehabilitation services, palliative care, sanatorium-spa treatment, home-based (long-term) care.

I would like to note that assistance in organizing all these events and services involves the involvement of other structures that these events can provide, that is, the creation of a Fund plays a coordinating function. This circumstance outlined the task, first of all, of the regions having an idea of the existing and missing mechanisms, both legal and resource, which gave an impetus to ensuring the necessary measures.

It is important to mention the great role of regions using existing resources, namely structures and institutions that facilitate the provision of measures for the comprehensive rehabilitation of military personnel, as well as building up the legal framework in the field of social security for military personnel^[12].

Thus, in the Kostroma Region, a Regional program is being implemented "On additional measures for the rehabilitation and socialization of persons performing tasks during a special military operation in the territories of Ukraine, the Donetsk People's Republic and the Luhansk People's Republic from February 24, 2022, as well as in the territories of the Zaporozhye region and the Kherson region from September 30, 2022, and members of their families", approved by the Resolution of the Administration of the Kostroma region dated 08/23/2022 No. 423-a. It is important to note that here, in addition to such tasks as solving problems of social adaptation, comprehensive social rehabilitation of participants of the SVO and their family members, creating conditions to ensure that the families of participants of the SVO get out of a crisis life situation, employment, advanced training, vocational training and additional professional education of participants of the SVO who want to continue their work, an organization is separately allocated events of a two-week vacation of the participants of the SVO and their family members.

Currently, special conditions have been created in the Leningrad Region for vocational training programs for vocational training and retraining of disabled people from among the participants of the SVO, as well as appropriate educational programs are being created at the site of the State Autonomous Non-typical Professional Educational Institution of the Leningrad Region "Multicenter of Social and Labor Integration" (Decree of the Government of the Leningrad Region dated 07/19/2023 No. 508 "On approval of the regional the program "Comprehensive rehabilitation and social integration into society of participants in a special military operation in the Leningrad region for 2023-2025").

In the Voronezh Region, there is a Single information processing and coordination center for the comprehensive rehabilitation of social adaptation of citizens who took part in a special military operation (Order of the Department of Social Protection of the Voronezh Region dated 02/22/2023 No. 703/OD "On Approval of the Regulations on a Single Information Processing Center and coordination of activities regarding the comprehensive rehabilitation of social adaptation of citizens who took part in a special military operation, on the basis of the budget institution of the Voronezh region "Center for comprehensive rehabilitation of the disabled "Seven Steps").

In the Khanty–Mansiysk Autonomous Okrug, a special rehabilitation program has been developed with the help of recreational sports for participants in a special military operation. Order of the Department of Physical Culture and Sports of the Khanty-Mansiysk Autonomous Okrug No. 314 dated 08/29/2023 "On approval of the technology standard for involving participants in a special military operation in adaptive sports".

In the regions, a more "targeted policy" is being implemented in the field of comprehensive rehabilitation of military personnel, taking into account the capabilities of each region and existing resources. Some areas that the regions focus on (active assistance in employment, involvement in sports, etc.) seem promising, but this does not always allow covering all the tasks of comprehensive rehabilitation necessary and sufficient for this category of citizens, but is a qualitative addition. Comprehensive rehabilitation should be multidimensional and take into account various factors for the real restoration of such a category of citizens as retired military personnel who took part in their military service, which can only be achieved by strengthening federal legal regulation in this area, defining a unified legal status of such citizens in order to secure for them a specific right to comprehensive rehabilitation.

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