Peacetime National Defence Act

Link to law: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/504092015013/consolide
Published: 2015-09-01

Peacetime National Defence Act

Passed 12.06.2002
RT I 2002, 57, 354
Entry into force 15.08.2002
Amended by the following legal instruments (show)

Passed
Published
Entry into force

22.01.2003
RT I 2003, 13, 69
01.05.2003

17.12.2003
RT I 2003, 88, 594
08.01.2004

20.05.2004
RT I 2004, 45, 318
27.05.2004

14.12.2005
RT I 2005, 71, 542
15.01.2006

09.11.2006
RT I 2006, 50, 374
15.11.2006

25.01.2007
RT I 2007, 16, 77
01.01.2008

19.06.2008
RT I 2008, 35, 212
01.01.2009

10.12.2008
RT I 2008, 58, 325
02.01.2009

06.05.2009
RT I 2009, 27, 165
01.01.2010

15.06.2009
RT I 2009, 39, 262
24.07.2009

11.11.2009
RT I 2009, 57, 381
01.01.2010

22.04.2010
RT I 2010, 22, 108
01.01.2011, entry into force on the date provided for in the Decision of the Council of the European Union regarding the abrogation of the derogation established in respect of the Republic of Estonia on the grounds provided for in Article 140 (2) of the Treaty on the Functioning of the European Union, Council Decision 2010/416/EU of 13 July 2010 (OJ L 196, 28.07.2010, p. 24 - 26)

16.12.2010
RT I, 31.12.2010, 1
01.01.2011

15.06.2011
RT I, 08.07.2011, 8
22.07.2011

16.11.2011
RT I, 29.11.2011, 6
09.12.2011

13.06.2012
RT I, 10.07.2012, 3
01.04.2013 In the Act the word ‘defence forces’ has been replaced by the word ‘Defence Forces’ in the corresponding case throughout the Act.

28.02.2013
RT I, 20.03.2013, 1
01.04.2013

29.01.2014
RT I, 18.02.2014, 1
01.08.2014

19.02.2014
RT I, 13.03.2014, 2
23.03.2014, partially 01.01.2015, 01.01.2017 and 01.01.2019

19.06.2014
RT I, 12.07.2014, 1
01.01.2015

19.06.2014
RT I, 29.06.2014, 109
01.07.2014, the official titles of the ministers have been replaced on the basis of subsection 107³ (4) of the Government of the Republic Act.

11.06.2015
RT I, 30.06.2015, 4
01.09.2015, on the basis of subsection 107^4 (2) of the Government of the Republic Act the words 'Ministry of Agriculture' have been replaced with the words 'Ministry of Rural Affairs' in the appropriate case form.

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of Act

(1) This Act provides for the peacetime organisation of national defence.
(2) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
(3) This Act applies to the organisation of national defence in a state of war unless otherwise provided by the Wartime National Defence Act.

§ 2.  Purpose of national defence

(1) The goals of national defence are to preserve the independence and sovereignty of the state of Estonia, the inseparable and indivisible integrity of its land, territorial waters and airspace, its constitutional order and the security of its people.
(2) On the basis and pursuant to the procedure provided by this Act, the people of Estonia, resources thereof and national resources shall be involved in the achievement of the national defence goals under the principles of total defence.
(3) Achievement of the national defence goals shall be based on the Constitution and Acts of the Republic of Estonia as well as on the generally recognised norms and principles of international law.
(4) The Republic of Estonia develops international cooperation and may join agreements and alliances serving military or defence purposes in order to achieve the national defence goals.

Chapter 2 PRESIDENT OF REPUBLIC 

§ 3.  Competence of President of Republic in organisation of national defence

(1) As the supreme commander of national defence, the President of the Republic shall:
1) make proposals to the Riigikogu to declare a state of war, to order mobilisation and demobilisation, and to declare a state of emergency;
2) declare a state of war in the case of aggression against the Republic of Estonia and shall order mobilisation without waiting for a Riigikogu resolution and, pursuant to Article 51 of the Charter of the United Nations, immediately inform the United Nations Security Council thereof;
[RT I, 08.07.2011, 8 – entry into force 22.07.2011]
3) [Repealed - RT I, 08.07.2011, 8 – entry into force 22.07.2011]
4) [Repealed - RT I, 08.07.2011, 8 – entry into force 22.07.2011]
5) bestow the military rank of officer pursuant to the procedure provided by law;
6) call the National Defence Council;
7) perform other tasks upon organisation of national defence assigned to him or her by other Acts.
(2) The President of the Republic has the right to request information on national security and national defence from all state and local government agencies and from the Estonian Defence League. Such inquiry submitted by the President of the Republic must be responded to without delay.
(3) Performance of the acts issued by the President of the Republic based on the provisions of subsection (1) of this section shall be organised by the Government of the Republic.

§ 4.  National Defence Council

(1) The National Defence Council is an advisory body to the President of the Republic.
(2) The National Defence Council discusses matters of significant importance to national defence and provides opinions on such matters.
(3) The National Defence Council shall consist of the President of the Riigikogu, the Prime Minister, the Chairman of the National Defence Committee of the Riigikogu, the Chairman of the Foreign Affairs Committee of the Riigikogu, the ministers responsible for the fields and the Commander of the Defence Forces.
[RT I, 29.06.2014, 109 – entry into force 01.07.2014, on the basis of subsection 107³ (4) of the Government of the Republic Act the words “the Minister of Foreign Affairs, the Minister of Defence, the Minister of Finance, the Minister of the Interior, the Minister of Justice have been replaced with the words “ the ministers responsible for the fields.]
(4) At the invitation of the President of the Republic, other persons may participate in the sessions of the National Defence Council with the right to speak.
(5) A session of the National Defence Council shall be called and chaired by the President of the Republic or by the President of the Riigikogu performing the duties of the President of the Republic.
(6) The National Defence Council is competent to provide an opinion if the chairman of the session and at least one half of the members of the National Defence Council are present.
(7) The rules of procedure of the National Defence Council shall be approved by the President of the Republic.
(8) The administration of the National Defence Council shall be organised by the Office of the President of the Republic.

Chapter 3 GOVERNMENT OF REPUBLIC  

§ 5.  Competence of Government of Republic in organisation of national defence

(1) Within the limits of its competence, the Government of the Republic shall decide on national defence issues and exercise executive power in the organisation of national defence.
(2) The Government of the Republic shall:
1) submit the bases of security policy to the Riigikogu for approval;
2) establish, by a regulation, the national defence strategy on the proposal of the minister responsible for the field;
[RT I, 30.12.2010, 1 - entry into force 01.01.2011]
3) appoint to and release from office the Commander of the Defence Forces on the proposal of the minister responsible for the field, taking account of the opinion of the Riigikogu National Defence Committee;
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]
31) [Repealed – RT, 20.03.2013,1 – entry into force 01.04.2013]
4) establish, by a regulation, the procedure for preparation and carrying out of mobilisation;
[RT I 2003, 13, 69 - entry into force 01.05.2003]
5) establish, by a regulation, the Statute for Defence Forces;
[RT I 2008, 35, 212 - entry into force 01.01.2009]
6) [ Repealed - RT I 2008, 35, 212 - entry into force 01.01.2009];
7) assign, by an order, national defence tasks on state agencies and establish plans for the performance of such tasks;
8) give, on the proposal of the minister responsible for the field, an order to alter the level of military readiness,
9) decide on the scale of mobilisation after declaration thereof;
10) decide, in special cases, on the acquisition of means necessary for national defence, provided that the ministers responsible for the field have submitted a proposal to this effect;
[RT I, 29.06.2014, 109 – entry into force 01.07.2014, on the basis of subsection 107³ (4) of the Government of the Republic Act the words “the Minister of Defence or the Minister of the Interior” have been replaced with the words “the ministers responsible for the fields.]
11) [ Repealed - RT I 2008, 35, 212 - entry into force 01.01.2009]
12) direct and coordinate the performance of national defence tasks assigned to local governments and the Bank of Estonia by law;
13) [Repealed - RT I 2008, 35, 212 - entry into force 01.01.2009]
14) issue, on the basis of law, regulations and orders for implementation by the Defence Force and the Estonian Defence League;
15) submit, in order to increase military readiness or to carry out mobilisation, on the proposal of the minister responsible for the field, a draft State Budget Amendment Act to the Riigikogu providing for a change in the purpose of state budget expenditure in the area of government of the Ministry of Defence, and shall, if necessary, decide on the implementation of the draft budget submitted to the Riigikogu until such time as the Riigikogu adopts a resolution on the matter;
[RT I 2003, 13, 69 - entry into force 01.05.2003]
16) decide on the use of the funds of the Stabilisation Reserve Fund to increase military readiness or to carry out mobilisation until such time as the Riigikogu adopts a resolution on the matter.
[RT I 2003, 13, 69 - entry into force 01.05.2003]
17) adopt the procedure for the redistribution of state assets pursuant to which the state assets are transferred into the possession of the Defence Forces upon increase of military readiness or carrying out mobilisation.
[RT I 2003, 13, 69 - entry into force 01.05.2003]
18) establish circumstances by which the Commander is competent to decide on commencement of the use of force for military defence of the state;
[RT I 2008, 35, 212 - entry into force 01.01.2009]
19) determine the division of the territory of the Republic of Estonia into defence districts;
[RT I, 18.02.2014, 1 - entry into force 01.08.2014]
20) establish the procedures for defining the threat caused by civil aircraft and responding thereto, and for using military force or threatening to use this force by the Defence Forces for prevention of the threat caused by civil aircraft;
[RT I 2008, 35, 212 - entry into force 01.01.2009]
21) [Repealed - RT I 2009, 39, 262 – entry into force 24.07.2009]
22) establish, by a regulation, the National Defence Development Plan on the proposal of the minister responsible for the field.
[RT I, 29.11.2011, 6 - entry into force 09.12.2011]
(3) The Government of the Republic may, in the event of an increased risk to the security of Estonia or for the performance of the international military obligations, impose a prohibition to leave Estonia on the persons liable to national defence obligation of 18 years of age and older, including draftees, to increase the military readiness or for carrying out the mobilisation.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]
(4) The application of the prohibition to leave Estonia provided for in subsection (3) of this section proceeds as follows:
1) the categories of persons in the reserve or draftees in respect of whom the prohibition applies shall be determined;
2) after the declaration of the mobilisation the prohibition to leave Estonian may be applied to all the persons liable to national defence obligation of 18 years of age or older.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]

§ 6.  Procedure for submission of draft national defence legislation to Government of Republic

Draft national defence legislation shall be submitted to the Government of the Republic by:
1) the relevant minister together with the opinion of the minister responsible for the field and the Commander of the Defence Forces concerning the draft national defence;
2) by the minister responsible for the field together with the opinion of the Commander of the Defence Forces concerning the draft.

§ 7.  Security Committee of Government of Republic

(1) The Security Committee is a body operating at the Government of the Republic which has the competence of government committee and deals with national defence issues.
(2) The Security Committee shall:
1) perform the tasks provided for in the Security Authorities Act;
2) provide consultations in performance of the tasks provided for in subsection 5 (2) of this Act;
3) provide an opinion on the compliance of the candidate for Commander of the Defence Forces with the conditions for the issue of a permit for access to state secrets.
(3) The Security Committee shall consist of the Prime Minister and the ministers responsible for the fields.
[RT I, 29.06.2014, 109 – entry into force 01.07.2014, on the basis of subsection 107³ (4) of the Government of the Republic Act the words “the Minister of Justice, the Minister of Defence, the Minister of Finance, the Minister of the Interior, the Minister of Foreign Affairs have been replaced with the words “ the ministers responsible for the fields.]

Chapter 4 MINISTER RESPONSIBLE FOR THE FIELD AND MINISTRY OF DEFENCE 

§ 8.  Competence of minister responsible for the field in organisation of national defence

(1) The minister responsible for the field shall organise national defence within the area of administration of the Ministry of Defence.
(2) The minister responsible for the field shall issue regulations and directives on the basis of law for implementation by the Defence Forces and the Estonian Defence League.

§ 9.  [Repealed - RT I 2008, 35, 212 - entry into force 01.01.2009]

§ 10.  Competence of Ministry of Defence in organisation of national defence

(1) The Ministry of Defence shall make proposals on planning the national defence policy, carry out the plans and organise national defence within the area of administration thereof.
(2) The Ministry of Defence shall:
1) prepare a draft national defence strategy; the national defence development plan and the draft action plan of military defence;
[RT I, 29.11.2011, 6 - entry into force 09.12.2011]
2) prepare, in cooperation with the Defence Forces, the procedure for preparation and carrying out of mobilisation;
3) prepare draft legislation of general application regulating national defence and organisation thereof;
4) draft the budget project for the area of government of the ministry;
5) coordinate international defence cooperation and organise communication with military attachés of foreign states;
6) organise the funding of the Defence Forces and the Estonian Defence League;
7) organise the supply of weapons, battle equipment, uniforms and other means to the Defence Forces and the Estonian Defence League;
71) organise the imposition of national defence duties and performance thereof in peacetime;
72) organise formation, storage, renewal and use of the mobilisation stockpile;
8) direct and organise the preparation of the staffing policies of the Defence Forces;
9) organise the call-up of persons eligible to be drafted for compulsory military service and keeps a centralised register of persons liable to service in the Defence Forces.
10) coordinate the preparation of mobilisation;
11) exercise supervision over the Defence Forces and the Estonian Defence League;
12) direct the development of the defence industry and organise, in wartime, the preparation of the enterprises transferred in the possession of the ministry for operation in wartime,
13) organise health care in the Defence Forces and in the Estonian Defence League ;
14) organise and check the protection of the classified information of foreign states in the procedure provided in the State Secrets and Classified Information of Foreign States Act.
[RT I 2007, 16, 77 - entry into force 01.01.2008]

§ 101.  Transfer of state assets to Defence Forces upon increase of military readiness and carrying out of mobilisation

(1) Upon increase of military readiness or carrying out of mobilisation, the administrators of state assets and individuals who are granted use of state assets without charge shall transfer the state assets to the Defence Forces on the basis of the procedure for redistribution of state assets. The minister responsible for the field shall be the administrator of the state assets transferred pursuant to the procedure for redistribution of state assets and the Defence Force shall be the authorised body to administer the state assets.
(2) The Government of the Republic shall adopt by a regulation the procedure for the redistribution of state assets.
(3) Upon increase of military readiness or carrying out of mobilisation the Estonian Defence League shall transfer the state assets in their possession granted for use without charge to the Defence Forces on the basis of an order to this effect of the Commander of the Defence Forces.
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]
(4) Upon increase of military readiness and carrying out of mobilisation the procedure for the transfer of the state assets provided in §§11−C0#3F13 of the State Assets Act shall not be applied in case of to the state assets to be transferred to the Defence Forces.
[RT I 2009, 57, 381 - entry into force 01.01.2010]

Chapter 5 DEFENCE FORCES  

§ 11.  Defence forces

The defence forces shall consist of:
1) the Defence Forces;
2) the Estonian Defence League;
3) [Repealed - RT I, 29.11.2011, 6 - entry into force 09.12.2011]

§ 12.  Defence Forces

(1) The Defence Forces are a militarily organised authority of executive power operating in the subordination of the Government of the Republic.
[RT I 2008, 35, 212 - entry into force 01.01.2009]
(2) The legal status and the functions of the Defence Forces shall be provided by the Defence Forces Organisation Act.
[RT I 2008, 35, 212 - entry into force 01.01.2009]
(3) [Repealed - RT I 2008, 35, 212 - entry into force 01.01.2009]
(4) [Repealed - RT I 2008, 35, 212 - entry into force 01.01.2009]
(5) [Repealed - RT I 2008, 35, 212 - entry into force 01.01.2009]
(6) [Repealed - RT I 2008, 35, 212 - entry into force 01.01.2009]

§ 13.  Estonian Defence League

(1) The Estonian Defence League is a voluntary, militarily organised and armed national defence organisation engaging in military exercise which operates in the area of administration of the Ministry of Defence.
(2) The Estonian Defence League is a legal person in public law whose legal status is provided by law.

§ 14.  Commander of Defence Forces

[RT I, 08.07.2011, 8 - entry into force 22.07.2011]
(1) The Defence Forces shall be led by the Commander of the Defence Forces.
[RT I, 20.03.2013, 1 - entry into force 01.04.2013]
(2) [Repealed - RT I, 08.07.2011, 8 - entry into force 22.07.2011]
(3) The Commander of the Defence Forces, as the head of the Defence Forces, shall:
1) [Repealed - RT I, 08.07.2011, 8 - entry into force 22.07.2011]
2) be accountable to the Government of the Republic and the minister responsible for the field;
3) be the highest military advisor of the Government of the Republic and the minister responsible for the field;
4) make a proposal to the minister responsible for the field for the appointment to office and release from office of the Deputy Commander of the Defence Forces, Chief of General Staff, commander of service, commander of command and Commander of the Military Intelligence Centre and make a joint proposal together with the minister responsible for the field to the Government of the Republic for appointment to and release from office of the Commander of the Estonian Defence League;
[RT I, 18.02.2014, 1 - entry into force 01.08.2014]
5) make proposals to the President of the Republic for the bestowal of the military rank of officer;
6) be liable for the lawful and expedient performance of the tasks assigned to the Defence Forces;
7) be liable for adherence of the Defence Forces to the disciplinary requirements established therefor;
8) control the budgetary assets assigned to the Defence Forces or grant mandates to control such assets in the procedure provided by the Statute of the Defence forces;
[RT I 2008, 35, 212 - entry into force 01.01.2009]
9) represent the Defence Forces or delegate the right of representation thereof;
[RT I, 30.12.2010, 1 - entry into force 01.01.2011]
10) conclude, if so authorised by the minister responsible for the field, international agreements, except treaties, or delegate such right to his or her subordinates;
[RT I, 29.11.2011, 6 - entry into force 09.12.2011]
11) participate in the preparation of the national defence strategy and make proposals on such plan to the minister responsible for the field;
[RT I, 30.12.2010, 1 - entry into force 01.01.2011]
12) establish, by a directive, the emergency defence plan;
13) coordinate the action plan for the Estonian Defence League concerning the functions provided for in clauses 4 (1) 2), 4), 5) and 7) of the Estonian Defence League Act;
[RT I, 20.03.2013, 1 - entry into force 01.04.3013]
131) approve the membership of the Defence Forces;
[RT I 2008, 35, 212 - entry into force 01.01.2009]
14) accept an active serviceman for service, terminate or suspend the active service relationship of an active serviceman, appoint military servicemen to a post of military rank and release from that post in the procedure provided for in the Military Service Act and within his competence.
[RT I, 10.07.2012, 3 entry into force 01.04.2013]
141) [Repealed - 10.07.2012, 3 - entry into force 01.04.2013]
15) bestow military ranks within his or her competence;
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]
16) establish the procedure for wearing a uniform and rank insignia of the military serviceman;
[RT I, 20.03.2013, 1 - entry into force 01.04.3013]
17) [Repealed - RT I 2008, 35, 212 - entry into force 01.01.2009]
18) establish the training plans of the Defence Forces and the Estonian Defence League or grant mandates to the service commanders or the Commander of the Estonian Defence League to establish the training plans;
[RT I, 31.12.2010, 1 - entry into force 01.01.2011]
19) [Repealed - RT I 2008, 35, 212 - entry into force]
20) [Repealed - RT I 2008, 35, 212 - entry into force]
21) [Repealed - RT I 2008, 35, 212 - entry into force
22) guarantee the readiness of the Defence Forces for the performance of the duties imposed thereon by legislation;
221) organise reservist trainings;
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]
222) organise the appointment to wartime posts;
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]
223) organise the keeping of records on the manning of wartime units and the reserve units staffing;
[RT I 2008, 35, 212 - entry into force 01.01.2009]
224) establish the mobilisation and formation plans and action plans for wartime units and reserve units or grant mandates for the establishment thereof;
[RT I, 18.02.2014, 1 - entry into force 01.08.2014]
225) direct and organise the mobilisation of persons liable to national defence obligation who are at least 18 years of age, forwarding of mobilisation orders to them and assembly and transportation of them to the places of service;
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]
226) make proposals to the Ministry of Defence for compilation of the stockpile and imposition of duties necessary for mobilisation;
23) perform other tasks assigned thereto by legislation.
(4) The Commander of the Defence Forces shall be the commander of all the members of the Defence Forces who serve either in the Defence Forces or the Estonian Defence League and as such, is entitled to exercise the right of command and disciplinary powers arising from such position.
[RT I 2003, 13, 69 - entry into force 01.05.2003]

§ 15.  Legislation issued by Commander of Defence Forces

(1) The Commander of the Defence Forces is entitled to issue legislation in the form of a directive.
(2) The Commander of the Defence Forces is required, at the demand of the minister responsible for the field, to send a copy of a directive issued by him or her to the minister responsible for the field within three days after receiving a request to this effect.

§ 16.  [Repealed - RT I 2008, 35, 212 - entry into force 01.01.2009]

§ 17.  Militarily organised units within area of government of Ministry of the Interior

[Repealed - RT I, 29.11.2011, 6 - entry into force 09.12.2011]

Chapter 6 PREPARATION FOR NATIONAL DEFENCE. MOBILISATION 

§ 18.  Preparation for national defence

All ministries, county governments and local governments shall participate in the preparation for national defence.

§ 19.  Mobilisation

(1) Mobilisation means the bringing of the defence forces, national economy and state institutions from the state of peace into a state of war.
(2) Mobilisation may be declared by the Riigikogu, based on a proposal by the President of the Republic or, in the case of aggression against the Republic of Estonia, by the President of the Republic.

§ 191.  Mobilisation register

(1) The mobilisation register is a database the purpose of which is to keep record of the material resources necessary for filling wartime posts and organisation of mobilisation.
(2) The mobilisation register shall be founded and the statutes thereof shall be established by a regulation of the Government of the Republic.
(3) The chief processor of the mobilisation register is the Ministry of Defence.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]

§ 20.  Scale and carrying out of mobilisation

(1) The scale of mobilisation shall be decided, after mobilisation has been declared, by the Government of the Republic.
(2) In a state of war, the scale of mobilisation shall be decided, after mobilisation has been declared, by the Commander of the Defence Forces.
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]
(3) The procedure for preparation and carrying out of mobilisation shall be established by the Government of the Republic.
[RT I 2003, 13, 69 - entry into force 01.05.2003]

§ 21.  Levels of military readiness

(1) The level of military readiness means a set of measures corresponding to the assessment of the level of danger which guarantees the preparedness for defending the state by military action.
(2) The description of the levels of military readiness shall be established by a regulation of the Government of the Republic.
(3) The order to change the level of military readiness is given by the Government of the Republic based on a proposal of the minister responsible for the field.
(4) Increasing military readiness means an order to apply a higher level of military readiness in correspondence with the higher level of danger.
(5) The increasing of military readiness shall be approved by the Riigikogu. The Government of the Republic shall immediately inform the Riigikogu of the increasing of military readiness. Discussion by the Riigikogu of granting approval to the increasing of military readiness does not suspend the increasing of military readiness.
(6) Upon failure by the Riigikogu to approve the increasing of military readiness, the Government of the Republic shall not apply further measures for increasing military readiness and must terminate the application of the measures already taken.
[RT I 2003, 13, 69 - entry into force 01.05.2003]

§ 211.  Military service in case of mobilisation

In the event of mobilisation a person who is in military service is deemed to be a military serviceman.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]

§ 212.  Call up of persons in reserve for additional reservist training organised to increase military readiness

(1) Additional reservist trainings may be organised for persons in the reserve to increase military readiness.
(2) The number of persons participating in the reservist training organised for increasing military readiness shall be established by a regulation of the Government of the Republic.
(3) The period of additional reservist training organised for increasing military readiness shall not be included into the duration of the reservist training provided for in subsection 69 (1) and subsection 73 (1) of the Military Service Act and the term of service provided for in 73 (2) of the Military Service Act shall not be taken into account upon the call up for additional reservist training.
(4) A person in the reserve shall be notified of the call up for the additional reservist training in one of the following ways:
1) the notice is delivered by an unregistered mail or against signature;
2) the notice is published in at least one of the national newspapers;
3) the notice is broadcast for at least three times between 7-22, leaving an interval of at least one hour between each broadcast.
(5) Upon the publication of the notice in the newspaper or through broadcasting only the name may be indicated of a wartime unit or reservist unit for the posts on the staff of which the persons in the reserve with regard to whom the call up for additional reservist training is valid have been appointed.
(6) A military serviceman who is released from the obligation to participate in additional reservist training is:
1) a member of the Riigikogu, the European Parliament or the Government of the Republic;
2) in the post of the President of the Republic, the Chancellor of Justice, the Auditor General, the Chief Public Prosecutor or the Chief Justice of the Supreme Court;
3) is a rural municipality mayor or a city mayor;
4) is serving the sentence of imprisonment
5) is in custody;
6) a person is employed or serves in a post or place of employment provided for by a regulation given on the basis of subsection 76 (5) of the Military Service Act which is directly connected to the ensuring of the national defence functions, internal security and constitutional order of the state or the continuity of operation of a vital service.
(7) The Commander of Defence Forces or a person authorised by him may release a natural person who is engaged in producing agricultural products, except for fishery products, listed in Appendix I to the Treaty on the Functioning of the European Union, from the participation in the additional reservist training which takes place within the period from 1 April to 1 October if:
1) there is a real need for the person to participate in agricultural work in Estonia during the period of the additional reservist training and
2) the participation in the additional reservist training may endanger the continuation of the agricultural production of the person.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]

§ 213.  Call up of person liable to national defence obligation

(1) Upon declaration of the mobilisation persons of at least 18 years of age liable to national defence obligation shall be called up for active service by a mobilisation order of the Commander of the Defence Forces.
(2) The mobilisation order of the Commander of the Defence Forces shall be announced in the procedure provided for in subsection 21 2 (4) of this Act.
(3) Upon the declaration of mobilisation the procedure for acceptance for active service provided for in the Military Service Act shall not be applied to the acceptance of military servicemen for active service.
(4) The persons who have been accepted for active service upon the declaration of mobilisation shall be accepted for active service for an unspecified period.
(5) The procedure for acceptance of a military serviceman for active service after the declaration of mobilisation shall be established by the Commander of the Defence Forces.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]

§ 214.  Obligation to report at place of assembly upon mobilisation

(1) A person liable to national defence obligation, who is subject to mobilisation, is required to report at the place of assembly which he has been notified of by the term prescribed in the order after the receipt of the mobilisation order.
(2) Upon reporting at the place of assembly in the case of the declaration of mobilisation a person liable to national defence shall have with him all the objects and documents that he has been notified of.
(3) The list of objects and documents to be taken along upon reporting at the place of assembly shall be established by a regulation of the minister responsible for the field.
(4) In the event of a military attack against the territory of the Republic of Estonia a person in the reserve who has been appointed on a wartime post shall report at the place of assembly of which he has been notified earlier without waiting for an order to this effect.
(5) A person liable to national defence obligation who is staying abroad is required to report at the place of assembly in Estonia or a foreign mission of the Republic of Estonia immediately after the declaration of mobilisation.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]

§ 215.  Performance of employment or service functions in event of mobilisation

(1) Upon declaration of mobilisation a person liable to national defence obligation who has received mobilisation order shall have the right to refuse to perform non-military service work and his employment or service relationship shall suspend for the period of being in military service unless otherwise provided for in this section.
(2) In the event of mobilisation, the President of the Republic, a member of the Government of the Republic and the Riigikogu, a member of the European Parliament, the Auditor General, the Chief Public Prosecutor, Chief Prosecutor of the District Prosecutor's Office, the Chancellor of Justice, the State Secretary, a chancellor of a ministry, the Chief Justice of the Supreme Court and the Justice of the Supreme Court, the public prosecutor, the chairmen of circuit courts, county courts and administrative courts, the Director General of the Police and Border Guard Board, the Director General of the Security Police, the Director General of the Rescue Board, the Director General of the Information Board, the Director General of the Defence Forces Resources Agency, the Chairman of the Supervisory Board of Eesti Pank and President of Eesti Pank, a rural municipality mayor and a city mayor are deemed to be performing national defence duties in their posts.
(3) The Government of the Republic may, in addition to the regulation established on the basis of 76 (5) of the Military Service Act, impose additional restrictions on the mobilisation of persons who are engaged in a post or place of employment which is directly connected to the ensuring of the national defence functions, internal security and constitutional order of the state or the continuity of operation of a vital service.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]

§ 216.  Acceptance for active service of volunteers in event of mobilisation

(1) An Estonian citizen who is not liable to national defence obligation and who is at least 18 years of age may be accepted for active service as a volunteer in the event of mobilisation.
(2) The procedure for acceptance for active service of volunteers in the event of mobilisation shall be established by the Commander of the Defence Forces.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]

§ 217.  Medical examination

(1) The medical examination of a person liable to national defence obligation and a person applying for entering into active service shall be performed at the place of assembly.
(2) A person liable to national defence obligation of at least 18 years of age who is incapable of the performance of service duties due to illness or injury shall not be accepted for active service.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]

§ 218.  Failure to report at place of assembly

(1) Upon a failure to report at the place of assembly or a foreign mission of the Republic of Estonia by the due term a person liable to national defence obligation who is at least 18 years of age is required to immediately notify the Defence Forces or, in the case of staying abroad, a foreign mission of the Republic of Estonia of the reasons which prevent him report at the place of assembly or a foreign mission of the Republic of Estonia.
(2) An obstacle justifying a failure to report at the place of assembly or a foreign mission of the Republic of Estonia is considered if a person liable to national defence obligation specified in subsection (1) of this section:
1) has a severe illness which makes it impossible to report at the place of assembly;
2) is held in custody.
(3) If the circumstances provided for in subsection (2) of this section cease to exist, a person liable to national defence obligation is required to report immediately at the Defence Forces or a foreign mission of the Republic of Estonia in the case of staying abroad.
(4) The Defence Forces of a foreign mission of the Republic of Estonia shall consider a failure of a person liable to national defence obligation who is at least 18 years of age to be grounded or ungrounded on the basis of evidence submitted by him.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]

§ 219.  Work time

The provisions of the Civil Service Act concerning work time, rest time, limits on working time, organisation of working time, night work and work done on public holidays and overtime work shall not be valid upon the increase of military readiness or in the case of mobilisation.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]

§ 2110.  Interruption of holiday

(1) The declaration of mobilisation shall interrupt all the vacations of all the military servicemen who are required to report immediately at the location of his wartime post.
(2) The declaration of the mobilisation shall not interrupt the pregnancy and maternity leave, or an adoptive parent leave or a parental leave.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]

§ 22.  Tasks of ministries upon preparation for national defence

(1) The Ministry of Economic Affairs and Communications shall:
[RT I 2003, 88, 594 - entry into force 08.01.2004]
1) prepare and submit to the Government of the Republic the wartime tasks assigned to the industrial sector;
2) determine the wartime needs of the industrial sector and organise the acquisition and storage of the relevant stockpile;
3) prepare the organisation of construction and public work corresponding to wartime conditions;
4) work out, together with the Ministry of Defence, building regulations and operational rules for railways, waterways, roads, ports and airports corresponding to national defence requirements, and submit such rules for establishment to the Government of the Republic;
[RT I 2003, 88, 594 - entry into force 08.01.2004]
5) prepare the organisation of transport operations and traffic needed by the Defence Forces which corresponds to the conditions of mobilisation and wartime.
[RT I 2003, 88, 594 - entry into force 08.01.2004]
(2) The Ministry of Rural Affairs or an authority within the area of government of the Ministry of Rural Affairs shall form the state food stockpile.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]
(3) The Ministry of the Interior shall work out national internal security plans for wartime and shall perform other tasks for guaranteeing internal security assigned thereto by Acts.
(4) [Repealed - RT I 2003, 88, 594 - entry into force 08.01.2004]
(5) The Ministry of Social Affairs shall:
1) prepare and organise the prevention of outbreak and spread of infectious diseases under the conditions of mobilisation and wartime;
2) prepare and organise the provision of medical care under the conditions of mobilisation and wartime.
(6) The Ministry of Foreign Affairs shall:
1) prepare and organise the diplomatic representation of the Republic of Estonia with foreign states and international organisations under the conditions of mobilisation and wartime;
2) work out the draft security policy concept in cooperation with the relevant government agencies.
[RT I 2008, 58, 325 - entry into force 02.01.2009]
(7) The draft legislation prepared for performance of the tasks listed in this section shall be approved by the Ministry of Defence.
(8) The Government of the Republic may, on the proposal of the relevant minister or the minister responsible for the field, assign additional tasks for preparation of national defence to all ministries according to their competence.

§ 23.  Tasks of county governments upon preparation of national defence

On the proposal of the minister responsible for the field, the Government of the Republic may assign tasks for the preparation for national defence to county governments by an order.

§ 24.  Tasks of local governments upon preparation for national defence

Local governments shall:
1) facilitate in every way, within the limits of their competence, the keeping of records on reservists;
2) facilitate the organisation of expropriation and organise the emergency work to be performed by the persons residing within the territory of the local government;
3) guarantee the maintenance of roads and bridges on the grounds and pursuant to the procedure provided for in law;
4) facilitate, within the territory of the local government, the evacuation of persons, the accommodation and alimentation of the evacuated and the provision of medical care to them;
5) organise welfare services to victims of military action;
6) provide support to the families of the mobilised;
61) participate in carrying out of reservist training, change of military readiness and carrying out of mobilisation;
7) perform other national defence tasks assigned to them by law.
[RT I 2003, 13, 69 - entry into force 02.01.2009]

§ 25.  National defence tasks of Bank of Estonia

The Bank of Estonia shall:
1) prepare the banking system for operation in wartime,
2) keep a wartime stock of coins and banknotes.

Chapter 61MOBILISATION STOCKPILE 
[RT I 2005, 71, 542 - entry into force 15.01.2006]

§ 251.  Mobilisation stockpile

(1) Mobilisation stockpile is a set of resources formed for military defence needs.
(2) Mobilisation stockpile is in state ownership.
(3) Possession, use and disposal of mobilisation stockpile are carried out pursuant to the bases provided for in this section.
[RT I 2005, 71, 542 - entry into force 15.01.2006]

§ 252.  Formation of mobilisation stockpile and its composition

Mobilisation stockpile is formed and the commodity chapters and total quantities thereof are established by the Ministry of Defence .
[RT I 2005, 71, 542 - entry into force 15.01.2006]

§ 253.  Storage and renewal of mobilisation stockpile

(1) The Ministry of Defence arranges the storage and renewal of the mobilisation stockpile.
(2) The minister responsible for the field shall establish by a regulation the procedure for storage and renewal of the mobilisation stockpile.
[RT I 2005, 71, 542 - entry into force 15.01.2006]

§ 254.  Financing of mobilisation stockpile

(1) The costs related to formation, storage and renewal of mobilisation stockpile are covered from the state budget.
(2) Financial instruments received from realisation of mobilisation stockpile upon renewal or reduction of the stocks are entered in the state budget.
[RT I 2005, 71, 542 - entry into force 15.01.2006]

§ 255.  Use of mobilisation stockpile

(1) Deployment of mobilisation stockpile in order to increase the readiness of the Defence Forces or conduct the mobilisation is decided by the minister responsible for the field.
(2) Mobilisation stockpile may be used for emergency needs of the population on the basis of the directive of the minister responsible for the field.
[RT I 2005, 71, 542 - entry into force 15.01.2006]

Chapter 62COMBATTING RISKS CAUSED BY CIVIL AIRCRAFT 
[RT I 2006, 50, 374 - entry into force 15.11.2006]

§ 256. – § 258. [Repealed - RT I 2008, 35, 212 - entry into force 01.01.2009]

Chapter 7 BASIC PLANS FOR NATIONAL DEFENCE 

§ 26.  Bases of security policy

(1) The bases of security policy determine the goals, principles and course of action of the national security policy, taking account of the Estonian interests and the risk factors of the international and internal security policy environment.
[RT I 2008, 58, 325 - entry into force 02.01.2009]
(2) The bases of security policy shall be approved by a resolution of the Riigikogu based on a proposal of the Government of the Republic.
(21) The minister responsible for the field shall initiate amendment of the bases of the security policy in the Government of the Republic in case of a substantial change in the security environment.
[RT I 2008, 58, 325 - entry into force 02.01.2009]
(3) Prior to approving the bases of security policy or amendments thereto by the Government of the Republic, the ministers responsible for the fields shall hear the opinion of the Foreign Affairs Committee and the National Defence Committee of the Riigikogu.
[RT I, 29.06.2014, 109 – entry into force 01.07.2014, on the basis of subsection 107³ (4) of the Government of the Republic Act the words “the Minister of Foreign Affairs and the Minister of Defence” have been replaced with the words “the ministers responsible for the fields”.]

§ 27.  National Defence Strategy

[RT I, 30.12.2010, 1 - entry into force 01.01.2011]
(1) The national defence strategy includes the strategy of the state for the prevention and combating of external threat of war and presents a description of an overall national defence model, determines the priorities and strategic tasks of the national defence and the measures to achieve them, risk scenarios and the level of ambition for national defence.
[RT I 2008, 58, 325 - entry into force 02.01.2009]
(2) The national defence strategy shall be reviewed, based on a proposal of the minister responsible for the field, by the Government of the Republic every fourth year.
[RT I, 30.12.2010, 1 - entry into force 01.01.2011]
(3) Prior to submission of the national military strategy or a draft of amendment thereof to the Government of the Republic for approval, the minister responsible for the field shall hear the opinion of the National Defence Committee of the Riigikogu.
[RT I, 30.12.2010, 1 - entry into force 01.01.2011]

§ 271.  Military Defence Development Plan

(1) The National Defence Development Plan determines on the basis of the national defence strategy the priority directions of increasing the defence ability and the capability requirements therefor, as well as the long-term development programmes and general resource constraints on the development of defence ability.
(2) The National Defence Development Plan is established by the Government of the Republic on the proposal of the minister responsible for the field for ten years and it shall be reviewed on the proposal of the minister responsible for the field every fourth year.
(3) Prior to submitting the National Defence Development Plan or the draft of amendment thereof to the Government of the Republic for approval, the minister responsible for the field shall hear the opinion of the National Defence Committee of the Riigikogu.
[RT I, 29.11.2011, 6 - entry into force 09.12.2011]

§ 272.  Military Defence Action Plan

(1) The Military Defence Action Plan determines the measures guaranteed with the resources arising from the organisational feasibility, for implementation of the national defence development plan on the basis of the content requirements of the development plans composed on the basis of the State Budget Act.
[RT I, 29.11.2011, 6 - entry into force 09.12.2011]
(2) The Military Defence Action Plan is established by the minister responsible for the field for four years and is reviewed every year.
[RT I 2008, 58, 325 - entry into force. 02.01.2009]

§ 28.  Emergency defence plan

(1) The emergency defence plan provides general instructions for carrying out military operations planned for national defence purposes with the existing military capability pursuant to the goals set in the national defence strategy of the Government of the Republic.
[RT I, 30.12.2010, 1 - entry into force 01.01.2011]
(2) The emergency defence plan shall be established by the Commander of the Defence Forces with approval of the minister responsible for the field for one year.
[RT I 2008, 58, 325 - entry into force 02.01.2009]

Chapter 71LIABILITY  
[Repealed - RT I, 12.07.2014, 1 - entry into force 01.01.2015]

§ 281.  Illegal use of mobilisation stockpile

[Repealed – RT I, 12.07.2014, 1 - entry into force 01.01.2015]

§ 282.  Procedure

[Repealed – RT I, 12.07.2014, 1 - entry into force 01.01.2015]

Chapter 8 IMPLEMENTING PROVISIONS  

§ 29. – § 31. [Repealed - RT I 2008, 35, 212 - entry into force 01.01.2009]
§ 32. – § 38. [Omitted from this text]

§ 39.  Entry into force of the Act.

This Act shall enter into force on 15 August 2002.
Read Entire Law on www.riigiteataja.ee