PUBLIC ADMINISTRATION IN THE FIELD OF SEARCH, EXHUMATION AND REINTERMENT OF HUMAN REMAINS: LEGAL MECHANISMS AND FINANCIAL SUPPORT

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Published: Apr 4, 2025

  Roman Tytykalo

  Liudmyla Sylenko

  Denys Komarnytskyi

Abstract

The article provides a comprehensive analysis of the mechanisms of public administration in the processes of searching for, exhuming and reinterring the remains of persons who perished as a result of armed conflicts, deportations and political repressions. Special attention is given to the role of state authorities and local self-government bodies in the organisation and implementation of these procedures, with emphasis on their functional responsibilities, the provision of financial resources, and adherence to ethical and legal standards. It is acknowledged that contemporary challenges arising from the war in Ukraine impose further obligations on the coordination of efforts among all entities involved in the implementation of the aforementioned processes. The present regulatory framework governing the search, exhumation, and reburial of remains is analysed, with particular reference to the key provisions of legislative and subordinate acts that define the powers of public authorities and the mechanisms of their financial support.The study highlights aspects of ensuring the legality of procedures, particularly compliance with international standards and norms of humanitarian law. A particular focus is placed on the interaction of state bodies with international organisations, such as the International Committee of the Red Cross, with a view to attracting financial support, technical means, and best practices to improve the efficiency of exhumation procedures. The analysis of state programmes supporting search, exhumation and reburial measures is a particular focus of this study. The financial instruments provided for in current legislation are studied, including state and local budget funds, international aid and charitable contributions.The role of local self-government in implementing these measures is highlighted, as it is responsible for the arrangement of burial sites, organisation of ritual procedures and ensuring service accessibility at the local level. The article identifies problems arising in financing these processes, particularly the limited availability of resources during the period of martial law. The subject of the present article is to define the legal mechanisms and financial support for public administration of the search, exhumation, and reinternment processes of the remains of individuals who perished due to armed conflicts, deportations, and political repressions. Research methods. The following methods were used to study the legal mechanisms and financial support for the search, exhumation and reinterment procedures: the method of dialectical materialism; the method of abstraction; the methods of analysis and synthesis; the functional method; the method of systems analysis; the synergetic method; the method of comparative law; the method of interpretation and hermeneutics; the dogmatic method; the method of systematic analysis; and the statistical method. The aim of the article is to highlight the legal mechanisms and financial support for the public administration of the search, exhumation and reburial of remains in Ukraine under the current challenges, and to formulate concrete proposals for improving the implementation of this procedure. Conclusions. The public management of the processes of finding, exhuming and reinterring remains is an important aspect of the state's humanitarian policy, aimed at guaranteeing the rights of the relatives of the deceased, respecting international standards and commemorating the victims of war and repression. The role of the State is to establish an appropriate legal framework, to coordinate activities and to provide financial support for these procedures. Local self-government bodies ensure the practical implementation of measures at the territorial level, and are responsible for the accessibility of infrastructure, the organisation of burials and compliance with health and ethical requirements. Financial support is based on a combination of sources, including state budget funds, local budgets, international aid and charitable donations. However, the limited availability of state funds during wartime necessitates the introduction of new mechanisms, such as the creation of a specialised fund or the expansion of co-operation with international organisations. Legal mechanisms need to take into account both ethical standards and the technical aspects of procedures, and ensure effective interaction between all entities involved in the process. A comprehensive approach to regulation is necessary to ensure transparency, compliance with the law and the achievement of the state's humanitarian objectives.

How to Cite

Tytykalo, R., Sylenko, L., & Komarnytskyi, D. (2025). PUBLIC ADMINISTRATION IN THE FIELD OF SEARCH, EXHUMATION AND REINTERMENT OF HUMAN REMAINS: LEGAL MECHANISMS AND FINANCIAL SUPPORT. Baltic Journal of Economic Studies, 11(1), 350-360. https://doi.org/10.30525/2256-0742/2025-11-1-350-360
Article views: 77 | PDF Downloads: 40

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Keywords

search, exhumation, reinterment of remains, public administration, legal mechanisms, financial support, humanitarian policy, international standards, government programs, local government, ethical standards, ritual procedures, international co-operation, technical support, GPR survey, DNA testing, accessibility of services, regulatory framework, social standards, protection of relatives' rights

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