European integration always goes hand in hand with human-centered institutions and procedures. If Ukraine wants to join the EU, it needs to develop them. And one of the aspects of development is the reintegration of veterans, people who put the interests of the state above their own. In addition to the right to benefits and services, a veteran has the right to a fair trial. 

Ksenia Tkachuk, a lawyer and expert on legal issues and justice at the Legal Hundred, told more about this in her column for Channel 24.

Veterans need to be treated, not judged

Expanding benefits and services for veterans is both a key responsibility of the state and a guarantee of future security, as well as a necessary measure to increase the prestige of the military profession. But today we will talk about a fair trial.

First and foremost, a veteran has the right to file a lawsuit against the state and receive a fair and reasonable decision. However, it happens that after returning home, veterans have difficulties in adapting to civilian life: longing, stress disorders and depression, family problems, unemployment, financial difficulties, aggression, insomnia, alcohol and drug addiction, etc. In the long term, these problems can lead to illegal behavior and, in some cases, criminal acts.

Today, the Ukrainian judicial system is not ready to provide veterans with the opportunity to realize their right to a fair trial. This means that the judicial system should look at the root of the problem, namely the root causes of such criminal behavior.

The root cause is psychological conditions and health problems provoked by the experience of war. Therefore, the consequence should be treatment, not just imprisonment. An important aspect of the right to a fair trial in this regard will be the possibility of treatment and rehabilitation of the veteran who committed the unlawful act.

In response to this challenge, a judicial rehabilitation program similar to the courts for veterans (called “veteran treatment courts” in the United States) can be created. The name “veteran treatment courts” makes it clear that the main goal of such programs is to rehabilitate a veteran who is involved in the criminal justice system.

Simply put, when a veteran suffering from psychological illnesses (post-traumatic stress disorder, consequences of traumatic brain injuries, addictions, etc.) commits an illegal act, the correct response of the state is treatment and rehabilitation.

The program is monitored by the court

The judicial rehabilitation program can operate within the existing judicial system. If a veteran commits an unlawful act and meets all the criteria, as well as the veteran’s voluntary consent, the case can be transferred to a judicial rehabilitation program. The main goal of the program is to eliminate the psychological factor that influences the participant’s criminal behavior.

A personal program is developed for such treatment and rehabilitation. This program includes both treatment and judicial supervision of the program. It outlines all the necessary and possible rehabilitation measures for such a veteran, including consultations with a psychologist, mentoring by other veterans, addiction treatment, and other medical care.

Possible outcomes of the program

If the treatment and rehabilitation program is successful, the veteran is released from liability or the punishment is significantly reduced. In this case, society also benefits, as it receives an active, productive, economically viable member of the community. The likelihood of reoffending is significantly reduced.

In case of violation of the program’s terms or refusal to participate in it, the veteran’s case returns to court proceedings in the usual way.

Given the real situation in Ukraine and the prioritization of the interests of society, it is extremely important to protect the rights of people who guard the country’s viability and security. For Ukraine, at this stage of its development and functioning, it is important to ensure financial and legal efficiency, and the judicial rehabilitation program for veterans covers both of these needs.