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On The Legal Regime Of Martial Law

Original Language Title: Про правовий режим воєнного стану

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C A C U A TO R S
{Law has lost validity on the basis of the Law
N 389-VIII ( 389-19 ) From 12.05.2015, VR
2015, N 28, pp. 250}
On the legal regime of martial law
(Information of the Verkhovna Rada of Ukraine (VR), 2000, N 28, st. 224)
{With changes under the Laws
N 662-IV ( 662-15 ) from 03.04.2003, VR, 2003, N 27, pp. 209
N 803-VI ( 803-17 ) from 25.12.2008, VR, 2009, N 19, pp. 258
N 1836-VI ( 1836-17 ) of 21.01.2010, VR, 2010, N 12, pp. 119
N 2592-VI ( 2592-17 ) of 07.10.2010, BBR, 2011, N 10, pp. 63
N 4652-VI ( 4652-17 ) by 13.04.2012, VR, 2013, N 21, pp. 208
N 4765-VI ( 4765-17 ) of 17.05.2012, VR, 2013, N 15, pp. 99
N 5404-VI ( 5404-17 ) 02.10.2012, VR, 2013, N 41, pp. 550}
{Concerning the loss of entry Act N 2592-VI ( 2592-17 ) of 07.10.2010
Additionally, see Law N 763-VII 763-18 ) from 23.02.2014, VR
2014, N 12, pp. 189}
{With changes under the Act
N 186-VIII ( 186-19 ) from 12.02.2015, BBR, 2015, N 16, pp. 110}

This Act defines the meaning of the legal regime of martial law
(order of its introduction and cancellation, legal arrangements)
bodies of government, military command, organs,
the local government, businesses, institutions and organizations in
conditions of martial law, guarantees of the rights and freedoms of the person and of the citizen
and the rights and legal interests of legal persons) and responsibility
for violations of the requirements or non-compliance of the legal regime
Martial law.
R O and L I
GENERAL PROVISIONS
Article 1. Definition of martial law
Martial law is a special legal regime imposed on this.
Ukraine or in separate houses in the event of armed aggression or
threat of attack, the danger of state independence of Ukraine, its
Territorial integrity and the granting of appropriate
State authorities, military commanders and bodies
the local self-government of the authority needed to be frank
The threat and security of national security, as well as temporary,
concerning the threat, limitations of constitutional rights and human rights
and citizen and rights and legal interests of legal persons with
Set the action string of these constraints.
Article 2. The purpose of entering martial law
The aim of entering martial law is to create conditions for exercise
Military authorities, military command, bodies
local government, businesses, institutions, and
organizations provided to them in the event of armed aggression or
threat of attack, the danger of state independence of Ukraine, its
Territorial integrity.
Article 3. Legal basis for the introduction of martial law
The legal basis for the introduction of martial law is the Constitution
Ukraine ( 254k/96-PL ), this Law, other laws of Ukraine and the Decree
President of Ukraine on the introduction of martial law in Ukraine or in
-Separate by the Verkhovna Rada of Ukraine.
Article 4. Military Command
The Military Command under which this Act is entitled
together with the executive branch, the Council of Ministers of the Autonomous
Republic of Crimea and the Local Government
To introduce and implement the legal regime of the military
State of:
General Staff of the Armed Forces of Ukraine;
Command of the Armed Forces of Ukraine; {Paragraph 3
part of first Article 4 in the edition of Act N 803-VI ( 803-17 ) From
25.12.2008}
Unified Operating Command, Operations Management
Commanders, territorial administration, military command
connections, parts of the Armed Forces of Ukraine and other
In accordance with the laws of Ukraine of military formations. {Paragraph
fourth part of the first Article 4 in the edition of Act N 803-VI
( 803-17 ) 25.12.2008}

{Part of the second article 4 is excluded based on the Law of the
N 803-VI ( 803-17 ) 25.12.2008}

R O and L II
ORDER OF ENTRY AND ABOLITION OF MARTIAL LAW
Article 5. Order of entry of martial law
Martial law in Ukraine or in separate locations is introduced
By the Decree of the President of Ukraine, which is subject to approval by the Supreme
The Council of Ukraine for two days since the appeal of the President
Ukraine.
Decree of the President of Ukraine on the introduction of martial law,
approved by the Verkhovna Rada of Ukraine, immediately declared through
Media.
Proposals for the introduction of martial law in Ukraine or in
Council of Ukraine to the United States of America
National Security and Defense of Ukraine.
Article 6. Decree of the President of Ukraine on the introduction of military
State
In the Decree of the President of Ukraine on the introduction of martial law
For example:
1) to unburden the need for an introduction of martial law;
2) the boundaries of the territory on which martial law is introduced, time
The input and the lines on which it is entered;
3) mission of military command, state authorities
and local governments on the introduction and
Exercise of the legal regime of martial law;
4) exhaustive list of constitutional rights and human freedoms
the citizen who are temporarily limited in connection with the introduction
of martial law, as well as a list of temporary restrictions on rights and
legal interests of legal persons with a string of actions of these
constraints;
5) other matters arising from this Act.
Article 7. Abolition of martial law
Martial law throughout Ukraine or in individual countries
The local government is abolished by the Decree of the President of Ukraine on the proposal
For the sake of national security and defense of Ukraine in case of elimination
threat of attack or the danger of state independence of Ukraine, its
the territorial integrity of immediately declared through
Media.
With the suggestion of abolishing martial law before the President
Ukraine may appeal to the Verkhovna Rada of Ukraine.
R O and L III
ACTIVITIES OF THE GOVERNMENT OF THE STATE AUTHORITIES IN THE
MARTIAL LAW
Article 8. Implementation of the State authorities in the
conditions of martial law
In the conditions of martial law, the President of Ukraine, the Verkhovna Rada
Ukraine, state authorities, military command, Supreme Court, Ukraine
Council of the Autonomous Republic of Crimea, Council of Ministers of Autonomous
Republic of Crimea, local government bodies, enterprises,
institutions and organizations carry out the powers granted to them
The Constitution of Ukraine and the laws of Ukraine, and provide execution
The General Council of the United States of America {Article 8 with changes under Law N 803-VI
( 803-17 ) 25.12.2008}
Article 9. The leadership of the Armed Forces of Ukraine and others
Military formation in terms of martial law
President of Ukraine as the Supreme Commander of the Armed Forces
Ukraine in the face of martial law makes the leadership of strategic
planning for the application of the Armed Forces of Ukraine and other
according to the laws of Ukraine of military formations, by
of the Committee on the Rights of the
Working Body of the Supreme Commander-General
The headquarters of the Armed Forces of Ukraine. {Part of the first article 9 with changes made under the Act
N 803-VI ( 803-17 ) 25.12.2008}
Ministry of Defense of Ukraine in connection with the introduction of the military
Acting under the Ministry of Defence Regulations
Ukraine, which is approved by the President of Ukraine. {Part of the second article 9 of the changes in accordance with the Laws
N 803-VI ( 803-17 ) 25.12.2008, N 2592-VI ( 2592-17 ) From
07.10.2010}
Article 10. Inappropriate termination of authority
State of the United States of America
The period of martial law cannot be terminated.
Verkhovna Rada of Ukraine, Commissioner of the Verkhovna Rada of Ukraine
rights, the Supreme Council of the Autonomous Republic of Crimea,
ministries, other central and local executive bodies
bodies and bodies of local government, as well as courts
Prosecutor's Office of Ukraine, organs that carry out an expeditious
Activities, pre-trial investigation. {Article 10 of the changes under Law N 4652-VI
( 4652-17 ) From 13.04.2012}
Article 11. Activities of the Verkhovna Rada of Ukraine under conditions
martial law
Verkhovna Rada of Ukraine in case of entry of martial law in Ukraine
Ukraine or in separate locations is collected in a two-day period
Without convening and running in session mode.
Heads of state authorities and local authorities
self-government, businesses, institutions and organizations of all forms
property is required to promote the immediate arrival of people
Council of Representatives of Ukraine at the meeting of the Verkhovna Rada
To make their authority.
In the case of termination of office of the Verkhovna Rada of Ukraine
During the course of martial law, her powers continue to the day
first session of the first session of the Verkhovna Rada of Ukraine
following the abolition of martial law.
The powers of the Supreme Council of Ukraine, stipulated by the Constitution
Ukraine, in a period of martial law, cannot be restricted.
Article 12. Peculiarities of the laws of law in the
conditions of martial law
Regulations of the Supreme Council of the Autonomous Republic
Crimea, the decision of the Council of Ministers of the Autonomous Republic of Crimea, decision
the local authorities and local authorities
Self-government, relating to the rights and freedoms of the person and of the citizen,
to be limited in connection with the introduction of martial law, temporarily not
Apply.
Article 13. Military command activities under conditions
martial law
In Ukraine or in separate houses where military service is introduced.
State, defence and public service management
of order and security, in the introduction of
Article 15 of this Act is carried out by the Military
Command in close interaction with the executive branch,
Council of Ministers of the Autonomous Republic of Crimea and local authorities
Self-government.
In the localities where the fighting is conducted, the introduction and the
To take action on the legal regime of martial law
directly at the military command.
Military command during martial law takes all of them.
measures to ensure protection of the security of the population and interests
of the State and is responsible for their implementation of the
Territory.
Article 14. Legal acts in the conditions of martial law
Bodies listed in Article 10 of this Act and the Military
commands have the right to issue within their competence
required to execute, including joint, decision,
Orders, orders and directives on the implementation and
Exercise of the legal regime of martial law.
R O and L IV
IN THE LEGAL REGIME OF THE WAR
IN THE WAR OF WAR.
Article 15. Content of the legal regime of martial law
In Ukraine or in separate houses where military service is introduced.
state, military commander is given the right to the
Executive Power, Council of Ministers of the Autonomous Republic of Crimea and
organs of local government, and if it is not possible,
To self-implement and implement such measures
Martial law:
(1) To introduce a labour service for working persons,
not involved in the work in the defense sector and the area of
of the population and not abandoned by enterprises,
Institutions and organizations for the period of mobilisation and wartime
for the purpose of performing the defence of the defence, as well as
The elimination of emergencies of the technogenic, natural and
of the military character that arose during the period of the martial law, and their
effects, and to involve them in the context of martial law to the public
useful works performed to meet the needs of the Armed Forces
Ukraine, other military formations and civil protection forces,
the functioning of the national economy and the system
ensuring the life of the population and not in need, as
A rule, special professional training of persons. Employees,
involved in the execution of public utility work, after the end
such works are given a previous work (position), and in the case of
Absence-another equivalent job (position) on the same or,
on the consent of the employee, on another enterprise, in the institution,
organizations. Order of engagement of employed persons in the conditions of war
state to public useful works ( 753-2011 ) with definition
the orientation of such works and the mechanism for the provision of compensation
(reward) for their execution is set by the Cabinet of Ministers
Ukraine; {Paragraph 1 of Part 1 of Article 15 in the edition of Law N 1836-VI
( 1836-17 ) of 21.01.2010}
2) use the power and labor resources of businesses,
institutions and organizations of all forms of ownership for the needs of the defence,
change their work mode, conduct other production changes
activities, as well as working conditions under the
Labour;
3) remove for temporary use required
Defence of the property of ministries, other central and local bodies
Executive Power, territorial communities, businesses, institutions and
organizations of all forms of property and citizens, including
Military transport duty-transport
tools, facilities, machines, mechanisms, equipment and other facilities,
related to the service of transport, and to issue it
The relevant documents of the installed sample;
4) establish protection of important facilities of national
The economy of Ukraine which provides the life of the population;
5) introduce curfew (prohibition of stay)
a certain period of days in the streets and other public places without
(a) and (c)) as well as installing
Special lighting mode;
6) establish a special entry and exit mode, limit
freedom of movement of citizens, foreigners and persons without citizenship,
as well as the movement of vehicles;
7) check the documents from the citizens, but in case of need
Conduct a review of things, vehicles, luggage and cargo,
Civil servants and the housing of citizens, with the exception of the restrictions,
established by the Constitution of Ukraine ( 254k/96-PL );
8) in the order defined by the Constitution and laws of Ukraine,
violate the question of banning the activities of political parties,
organizations, if it threatens sovereignty,
national security of Ukraine, its state independence and
Territorial integrity;
9) to exercise control of the work of communication enterprises,
Polygraphic ventures, publishers, broadcasters,
theatre, concert and other enterprises, institutions and
organizations of culture, use local radio stations,
television centers and printing for military needs and conduct
Discounted work among troops and population; to regulate the work
of civilian TV centres, ban the work of amateur
Personal and collective radio station
The use and transfer of information via computer networks;
10) in case of violation of requirements or failure to take action
the war state to remove from businesses, institutions and
organizations of all forms of property, individual citizens
radio transmission equipment, television, video and
audio, computers, and other technical
Connecte;
11) prohibit the arms trade, strong chemical and
Poisonous substances, as well as alcoholic beverages and substances,
Alcohol-based;
(12) to remove firearms and ammunition,
cold weapons, and in businesses, institutions and organizations also
training and combat techniques, explosive, radioactive substances and other
materials, raw chemical and poisonous substances;
13) prohibit conscripts and prisoners of service
A residence without a known military command;
14) set for physical and legal persons
Military apartment
military personnel and placement of military units, units and
Institutions;
14-1) set for physical and legal persons
Service of the Special Committee of the Committee
Civil protection units, as well as the evacuees;
{Part of the first article 15 is supplemented by paragraph 14-1 according to the Law
N 186-VIII ( 186-19 ) 12.02.2015}
15) establish the order of use of repositories, facilities and
other facilities for the protection of the population, as well as for pleasure
Defence needs;
16) to evacuate the population from places and districts,
dangerous to live, as well as businesses, institutions,
organizations and the material values that are important to the public,
Economic and cultural significance;
(17) to be implemented if necessary
Food and non-food items
(a)
18) move out of the office of heads of state enterprises, institutions
and organizations for the unlying execution of their duties,
Assign the executive duties to the leaders of the established enterprises,
Institutions and organizations;
19) forcibly alienate or remove property from legal and
individuals for the needs of defence. {Part of the first article 15 is supplemented by paragraph 19 under the Law
N 4765-VI ( 4765-17 ) From 17.05.2012}
The procedure for the establishment of restrictions on human rights and freedoms
the citizen and rights and legitimate interests of legal persons in the
A martial law is defined by the laws of Ukraine.
Article 16. Military Command Assistance
State Authorities of Ukraine, the Supreme Council of the Autonomous Region
Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea and
organs of local government, enterprise, institution,
organizations, the union of citizens, and citizens are obliged to
To promote military commanders in the introduction and implementation
Measures of the legal regime of martial law in the relevant territory.
Article 17. Involvement of military formations before implementation
of the legal regime of martial law
By the decision of the National Security and Defense Council of Ukraine,
to be introduced in accordance with the order of order of the President of Ukraine,
In accordance with the laws of Ukraine, military formations
are involved in solving the tasks related to the introduction and
implementation of the legal regime of martial law, according to
their purpose and specifics of the activity. (Article 17 of the changes under the Law N 662-IV)
( 662-15 ) from 03.04.2003, N 803-VI ( 803-17 ) 25.12.2008}
Article 18. Military Command
State of the United States of America
In the course of martial law, the military command fulfills its
Tasks in close interaction with the Security Service of Ukraine, others
According to the laws of Ukraine by military formations,
bodies of internal affairs and bodies of administration and forces
civil protection, and can also take into submission or
operating the subordination of other military formations or their
connections, military parts, agencies and organizations. {Part of the first article 18 of the changes made under the Act
N 5404-VI ( 5404-17 ) 02.10.2012}
The Order of Military Command with Ministries,
other central executive bodies regarding the provision of
Enforcement of the legal regime of martial law, security protection
citizens and interests of the state, as well as submission or
Operational submission to the others in accordance with
the laws of Ukraine military formations or their compounds, the military
parts, institutions and organizations defined by the Supreme
Commander of the Armed Forces of Ukraine.
R O and L V
GUARANTEES OF THE RIGHTS AND FREEDOMS OF CITIZENS AND RIGHTS AND RIGHTS
THE INTERESTS OF LEGAL ENTITIES IN THE CONDITIONS OF MARTIAL LAW
Article 19. Guarantees of legality in terms of martial law
In the course of martial law, it is prohibited:
Changing the Constitution of Ukraine
Changing the Constitution of the Autonomous Republic of Crimea;
Election of the President of Ukraine, as well as elections to
Supreme Council of Ukraine, Supreme Council of the Autonomous Republic of Crimea
and local governments;
Conducting all-Ukrainian and local referendums;
Strike action.
Article 20. Legal status and limitations of rights and freedoms
citizens and rights and legitimate interests
of legal persons in the conditions of martial law
The legal status and limitations of the rights and freedoms of citizens and rights and
legal interests of legal entities in terms of martial law
are defined according to the Constitution of Ukraine ( 254k/96-PL ),
This law and other laws of Ukraine.
In terms of martial law, there can be no limited rights and
human rights and the citizen predicted by part of the second article
64 Constitution of Ukraine.
In the process of employment of persons being implemented
Labour requirements, ensure compliance with such standards as:
minimum wage, minimum vacation time and time
rest between changes, maximum working time, state accounting
Health of the person. When the person is being involved
Outside the place of employment for the employment contract
That is, it will be retained.
Work (position). {Article 20 is supplemented by part one by Act N 1836-VI
( 1836-17 ) of 21.01.2010}
Article 21. Legal status of foreigners, persons without citizenship
and the legal persons of foreign states under
martial law
Legal status of foreigners and persons without citizenship, legal
persons in the territory of Ukraine under the
the duration of the martial law, defined by the Constitution and laws
Ukraine, international treaties of Ukraine, duty on duty
to be provided by the Verkhovna Rada of Ukraine.
Article 22. Inappropriate use of the legal regime
martial law to seize power and violations
rights and freedoms of citizens and rights and legal
of legal entities
The introduction of martial law cannot be grounds for
application of torture, cruel or humiliating human dignity
Treatment or punishment. Any attempts to use input
martial law to seize power
the responsibility according to the law.
Article 23. Damages caused during input
of martial law or the return of property that
Extant
Forced alienation of property rights in legal and legal
Persons in connection with the implementation and implementation of the
The legal regime of martial law entails a reparation for them.
cost in the order specified by the law.
If the property was forcibly alienated in legal and
Persons, after the abolition of the legal regime of martial law
Surviving, former owner or authorized by him has the right to
to demand the return of such property in a court order.
Ex-proprietor owner
Implementation and implementation of the legal regime of the military
the state of property may request to replace the granting of his other property if
It's possible {Article 23 in the edition of Act N 4765-VI ( 4765-17 ) From
17.05.2012}
Article 24. Inform the Secretary-General of the Secretary-General
Ukraine in accordance with the International Covenant on Civil and
Political rights in the event of an introduction of martial law immediately reports
through the UN Secretary-General to the States who participate in the
the Covenant, on the limitations of the rights and freedoms of the person and of the
is a deviation from obligations under the International Covenant, and the
these deviations and the reasons for making such a decision.
The message also has the following expiration date
related deviations from obligations provided by the International
Civil and Political Rights Pact.
Change the boundaries of deviations from obligations to International
Covenant on Civil and Political Rights or the Line of Action
rights and freedoms and reasons for the adoption of such a decision
Reports to the Secretary-General in the order of
First and second of this article.
R O and L VI
RESPONSIBILITY FOR VIOLATION OF REQUIREMENTS OR
NON-PERFORMANCE OF THE LEGAL REGIME OF MARTIAL LAW
Article 25. Responsibility for violation of the legal regime
martial law
Persons guilty of violating the requirements or carrying out measures
the legal regime of martial law, which is prosecuted
according to the law.
Article 26. Justice in the conditions of martial law
Justice in the territory where martial law is introduced,
Only by the courts. There are courts established in this area
according to the Constitution of Ukraine ( 254k/96-PL ). Creation
of extraordinary and special courts is not allowed.
Reduction or acceleration of any forms of justice
Forbidden.
Article 27. Monitoring of the activities of the executive branch
Monitoring of the activities of the executive authorities in the
National Security and Defense Council
Ukraine.
Article 28. Overseeing the laws of war
State
Supervision of the laws of Ukraine in terms of martial law
In accordance with the Constitution and the laws of Ukraine.
R O and L VII
FINAL POSITIONS
1. This Act will take effect from the day of its publication.
2. The Cabinet of Ministers of Ukraine:
in a six-month term to prepare and apply for consideration
Verkhovna Rada of Ukraine proposals for amendments to
legislative acts stemming from this Act;
To bring their decisions into compliance with the Act;
Provide guidance to ministries, other central and
by local executive authorities in compliance with this Act
Their legal and legal action.

President of Ukraine
Um ... Kiev, 6 April 2000
N 1647-III