A POSITIVIST APPROACH TO UNDERSTANDING GENDER EQUALITY DURING THE LEGAL REGIME OF MARTIAL LAW IN UKRAINE

Abstract

The purpose of this study is to analyse the legal understanding of gender equality during the martial law regime in Ukraine. Methods. The methods used in this study consist in analysing, summarising and comparing the available scientific and theoretical material and legislative provisions; based on the results of applying these methods, the author provides substantiated conclusions and proposals which can be applied in solving the problems related to the legal understanding of gender equality. Results. The author analyses the concept of "gender equality" both in terms of theoretical developments and its legal regulation. Attention is drawn to the absence of a unified approach to the legal understanding of the concepts of "sex", "gender", "gender equality". The author identifies significant imbalances in the distribution of rights and responsibilities of women and men on the example of fulfilling the duty to protect the Motherland, independence and territorial integrity of Ukraine, especially during the period of martial law. The author analyses the contradictions in legal acts (norms of positive law of Ukraine) in terms of ensuring gender equality. The author supports the proposals to amend the Law of Ukraine "On Military Duty and Military Service" with a view to introducing equal rights and obligations for all citizens of Ukraine, regardless of gender, and to increase the level of Ukraine's defense capability. Scientific novelty. The author substantiates the proposal to introduce both equal rights and equal responsibilities for men and women, which will ensure real, rather than declarative, gender equality, and unify approaches to the legal understanding of its enshrining in legal acts. Practical significance. The study of the legal understanding of gender equality during the martial law regime in Ukraine can be used as part of the preparation of new or amendments to legal acts, or as a source for further scientific research or as theoretical material in the study of various legal disciplines.