РЕАЛИЗАЦИЯ ПРАВА РЕБЕНКА НА ОБРАЗОВАНИЕ НА ВРЕМЕННО ОККУПИРОВАННЫХ ТЕРРИТОРИЯХ В РЕЗУЛЬТАТЕ ВНЕШНЕЙ ВОЕННОЙ АГРЕССИИ ПРОТИВ УКРАИНЫ

The right of the child to education is considered as one of the types of relative rights of the person. The relative nature is conditioned by the imperative of conditions that affect the degree and nature of realization of the right of the child, complicating or, on the contrary, facilitating such realization. The legal basis for the realization of the right of the child to education is enshrined in numerous normative legal acts of varying legal force, dominated by subordinate acts, which implies the inclusion of a variety of conditions for the realization of such a right. It is noted that Ukraine has for a long time developed a detailed, transparent, public, maximally informative normative model for implementing the right of the child to education, which is effective for "standard", "basic" ("peaceful") relations, but which turned out not to be fully relevant to those relations that arose in connection with the military aggression against Ukraine. As a consequence, the need arose to update the model of relations for the implementation of the right of the child in conditions of war and, above all, in the conditions of the child's stay in the temporarily occupied territory, in the conditions of the emergence of "external factors" complicating such implementation. The article identifies "basic" problematic issues that require an operative regulation, and highlights the experience of Ukrainian lawmaking in the search for an optimal model for their regulation. It substantiates the objective necessity of fixing an alternative model of relations connected with the realization of the child's right to education in conditions of war, as temporary, forced, exclusive and significantly limited in its subjective distribution, but at the same time relevant to the challenges of the state in conditions of military external aggression against it.