FAIR JUSTICE FOR VETERANS. PROSPECTS FOR ADAPTING THE AMERICAN MODEL OF VETERANS COURTS IN UKRAINE

Abstract

The article analyzes the issue of ensuring fair justice for war veterans in Ukraine through the prism of public administration and justice mechanisms. The development of modern society and the consequences of hostilities prompt a review of the traditional punitive system, which demonstrates low effectiveness in the resocialization of individuals with traumatic combat experiences. The purpose of this article is to analyze public administration in the field of criminal justice with regard to veterans based on a study of the experience of specialized programs based on Veterans Treatment Courts in the United States. The research goal is achieved through the use of methods such as analysis (the conceptual foundations of “therapeutic jurisprudence” and the institutional mechanisms of VTCs are examined), comparison (the American model of justice and Ukrainian legal realities are compared), synthesis (practical and applied aspects of combining legal and socio-psychological services were identified), and generalization (proposals for adapting foreign experience in Ukraine were formulated). It was determined that the key advantages of the American model are the consideration of mental state (in particular, PTSD and TBI), the use of treatment as an alternative to imprisonment, and the use of peer mentoring. At the same time, the shortcomings and risks of the accreditation policy for such programs have been identified: the risk of stigmatization, geographical inequality of access, and ethical dilemmas of choosing between treatment and punishment. It has been established that, given the constitutional ban on the creation of special courts in Ukraine, direct copying of the US model is impossible. Based on an analysis of international experience, a coordinated model for adapting elements of restorative justice has been proposed, which provides for the introduction of judicial rehabilitation procedures (veteran dockets) within the existing criminal courts. It has been proven that state authorities should focus on the specialization of judges, the expansion of the probation system, and the development of interagency protocols for cooperation. The practical significance of the results lies in the formulation of proposals for improving state policy, which will reduce recidivism and ensure the effective integration of veterans into civilian life without violating the principles of equality before the law.