Mine Action in Ukraine as an Administrative and Legal Category

V. I. Teremetskyi; M. Yu. Marchenko

V. I. Teremetskyi State Organization “V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine” (Kyiv) https://orcid.org/0000-0002-2667-5167
M. Yu. Marchenko Dzherelo Closed-end Non-Diversified Venture Corporate Investment Fund (Director), Kyiv https://orcid.org/0009-0006-0078-8346

Keywords: mine action, demining, humanitarian demining, operational demining, military (combat) demining, explosive objects, administrative and legal category.

Abstract

The scientific article is devoted to the issue of defining mine action in Ukraine as an administrative and legal category, identifying existing gaps in legislative regulation, and outlining directions for their elimination. The legislative understanding of the term “mine action” and its component elements is clarified. It is noted that the key element of mine action is demining. The article emphasizes that the Law of Ukraine “On Mine Action” covers only humanitarian demining, which limits the concept of “mine action” to peacetime needs. This contradicts the international IMAS standards, which distinguish other types of demining as well.

The content of humanitarian demining is explored, and it is noted that the Interregional Center for Humanitarian Demining and Rapid Response has been established to carry out this activity as an emergency and rescue unit under the central command of the State Emergency Service of Ukraine. It is determined that State Emergency Service of Ukraine personnel, police sappers, and specialists from the State Special Transport Service are authorized to carry out operational demining in urgent situations to quickly respond to the detection of explosive objects in areas where they pose a threat to human life, transportation, and infrastructure. It is also clarified that military (combat) demining, unlike the previous types, is carried out by engineering units of the National Guard of Ukraine, the Armed Forces of Ukraine, and the State Special Transport Service to ensure the safety of military units during combat operations.

The article concludes that the current legislative approach to the concept of “mine action”, with demining as its central element, does not meet the requirements of legal certainty. It complicates the coordination of various mine action actors who carry out different types of demining and hinders the involvement of resources from international partners. It is proposed to legally define the types of demining in the Law of Ukraine “On Mine Action”, which would expand the scope of mine action and meet the needs of clear legal regulation.

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Author Biographies

V. I. Teremetskyi, State Organization “V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine” (Kyiv)

Doctor in Law, Professor.

Department of Problems of Modernization of Commercial Law and Legislation,

Sector of Problems of Implementation of Economic Legislation (head).

M. Yu. Marchenko, Dzherelo Closed-end Non-Diversified Venture Corporate Investment Fund (Director), Kyiv

Candidate of Law.

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