National Defence Duties Act


Published: 2013-07-01

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National Defence Duties Act

Passed 22.02.1995
RT I 1995, 25, 352
Entry into force 25.03.1995
Amended by the following legal instruments (show)

Passed
Published
Entry into force

26.06.1996
RT I 1996, 49, 953
26.07.1996

19.06.2002
RT I 2002, 61, 375
01.08.2002

19.06.2002
RT I 2002, 63, 387
01.09.2002

22.01.2003
RT I 2003, 13, 69
01.05.2003, partially 1.01.2004

01.06.2005
RT I 2005, 33, 243
01.08.2005

15.06.2005
RT I 2005, 39, 308
01.01.2006

25.01.2007
RT I 2007, 16, 77
01.01.2008

19.06.2008
RT I 2008, 35, 213
01.01.2009

17.12.2008
RT I 2009, 5, 35
01.07.2009

26.11.2009
RT I 2009, 62, 405
01.01.2010

15.06.2011
RT I, 08.07.2011, 8
22.07.2011

13.06.2012
RT I, 10.07.2012, 2
01.04.2013 the word ‘defence forces’ has been replaced by the word ‘Defence Forces’ in the corresponding case throughout the Act.

19.02.2014
RT I, 13.03.2014, 4
01.07.2014

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of regulation

(1) The national defence duties, the procedure for imposition of and compliance with the duties shall be established by this Act.
(2) The provisions of the Administrative Procedure Act apply to the administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
[RT I 2002, 61, 375 - entry into force 01.08.2002]

§ 2.  National defence duties

National defence duties (hereinafter duties) are:
1) expropriation (requisition);
2) duty to grant use and compulsory possession;
3) obligation to carry;
4) obligation to work.

§ 3.  Imposition of duties

Duties are imposed and brought to notice in peace time. Pursuant to national defence needs the duties shall be imposed also in wartime.

§ 4.  Fulfillment of duties

(1) Duties shall be fulfilled by persons in wartime. Fulfillment of duties may be prescribed upon increasing military readiness or carrying out of mobilization.
(2) Upon declaration of war the duties that have been imposed on persons and notified of in peace time shall be subject to performance without any additional order.
(3) Duties imposed on persons in wartime shall be subject to performance immediately or within the prescribed period of time.
(4) In case the duty that has been imposed on a person and notified of is impossible to perform due to destruction, becoming unusable or other reason, the person shall notify the agency that has imposed the duty thereof:
1) within 10 days in peace time;
2) immediately in wartime.
[RT I 2003, 13, 69 - entry into force 01.05.2003]

§ 41.  Keeping account of duties

The mobilization register shall keep centralized accounts of duties.
[RT I, 10.07.2012, 2 - entry into force 01.04.2013]

§ 5.  Maintaining confidentiality of data

Persons are liable for keeping state and business secrets related to duties and classified information of foreign states on the bases and in the procedure provided by law.
[RT I 2007, 16, 77 - entry into force 01.01.2008]

§ 6.  Payment of benefits or pension

In case the loss of ability to work or death of a person was caused by compliance with duties, the benefits or pension shall be paid pursuant to law.

§ 7.  Contestation of order to impose duty

(1) A person who finds that his or her rights have been violated by imposing duties may address a state agency that has imposed the duty or have recourse to a court for contestation of his or her duty.
(2) [Repealed - RT I 2002, 61, 375 - entry into force 01.08.2002]

§ 8.  Compensation of damage
[RT I 2003, 13, 69 - entry into force 01.05.2003]

(1) The damage caused to a person by imposing duties shall be compensated for in the procedure provided by law.
(11) The damage caused to a person by the imposition of duties in peace time shall be compensated for on the basis of the State Liability Act.
(2) The destruction, deterioration or decrease in value of property through act of war is not deemed to be damage caused by duty.
(3) [Repealed - RT I 2003, 13, 69 - entry into force 01.05.2003]

Chapter 2 AGENCIES COMPETENT TO DEVELOP AND IMPLEMENT NATIONAL DEFENCE DUTIES SUMMARY PLAN 

§ 9.  Competence of the Government of the Republic

The Government of the Republic shall:
1) approve the summary plan of national defence duties on the proposal of the Minister of Defence (hereinafter summary plan of duties);
2) decide on applying the duty to grant use of the property pursuant to §§ 28 and 29 of this Act;
3) direct and coordinate the activities of the ministries and other agencies performing the national defence functions upon organization of duties;
4) establish the lists of authorities, agencies and persons whose vehicles, floating vessels and other property shall not be subject or shall be subject in a limited amount to expropriation or duty to grant use in wartime;
5) establish the guidelines and formats of documents necessary for implementation of duties;
6) decides on other issues related to duties which have not been given to the competence of other bodies by this Act.
[RT I 2003, 13, 69 - entry into force 01.05.2003]

§ 10.  Competence of ministries

(1) The Ministry of Defence shall:
1) work out the summary plan of duties in cooperation with the Commander of the Defence Forces and the corresponding ministries and submit for approval to the Government of the Republic;
2) notify the ministries, county governors or other persons of the duties arising from the summary plan of duties;
3) decide on imposing duties on persons pursuant to §§ 17 and 24 of this Act;
31) organize the imposition and performance of duties for the Defence Forces needs through the Defence Resources Agency in peace time upon the increasing of the military readiness or carrying out mobilization;
4) appoint commissioners or commissions formed of them for expropriation and the performance of the duty to grant use pursuant to §§ 18 and 25 of this Act;
5) request information from ministries, county governors, rural municipalities and city governments and other persons;
6) organize and coordinate the work of commissions and of the corresponding commissioners for expropriation and performance of the duty to grant use;
7) supervise the compliance of the corresponding persons with this Act.
(2) Other ministries shall:
1) develop the proposals for the preparation of the summary plan of duties on the basis of the guidelines received from the Ministry of Defence;
2) notify the persons of the duties imposed on them pursuant to §§ 17 and 24 of this Act on the basis of the summary plan of duties;
3) decide on the imposition of duties on persons pursuant to pursuant to §§ 17 and 24 of this Act;
4) appoint the commissioners for expropriation and performance of the duty to grant use or the commissions formed from them pursuant to §§ 18 and 25 of this Act;
5) demand from persona information received in relation to national defence tasks;
6) supervise compliance with this Act of the respective persons.
[RT I 2005, 33, 243 - entry into force 01.08.2005]

§ 11.  Competence of Commander of Defence Forces
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]

(1) Commander of Defence Forces shall:
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]
1) work out proposals for preparation of the summary plan of duties and submit to the Ministry of Defence;
2) organize and guarantee the acceptance in a timely manner of the property that is expropriated and introduced to compulsory use by the structural units of the Defence Forces.;
[RT I 2008, 35, 213 - entry into force 01.01.2009]
3) [Repealed – RT I 2003, 13, 69 - entry into force 01.05.2003]
4) supervise the compliance with this Act of the respective persons in wartime.
(2) In a state of war the Commander of the Defence Forces and the subordinate commanders shall:
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]
1) collect the duties imposed by the Defence Resources Agency in peace time;
2) impose and collect additional duties where necessary;
3) decide on the imposition of the obligation to work pursuant to § 40 of this Act.
[RT I 2005, 33, 243 - entry into force 01.08.2005]
§ 12. – § 13. [Repealed - RT I 2003, 13, 69 - entry into force 01.05.2003]

Chapter 3 EXPROPRIATION 

§ 14.  Definition of expropriation

For the purposes of this Act, expropriation means the taking of property from the owner to the state ownership for the national defence needs.
[RT I 2003, 13, 69 - entry into force 01.05.2003]

§ 15.  Property subject to expropriation

The following can be expropriated:
1) fuels and lubricants;
2) foods;
3) pharmaceuticals and medical products;
4) other movable property which is consumable according to the characteristics of the property.

§ 16.  Property not subject to expropriation

The following shall not be subject to expropriation:
1) the property of museums and archives;
2) the property of churches and congregations, religious societies and associations thereof which is used in the ritual service;
3) the property belonging to foreign missions, consulates, representations and to the members thereof who are citizens of foreign states, which is meant for official and personal use;
4) the property which is not subject to expropriation on the basis of treaties or generally recognised standards of international law;
5) the property belonging to a person for which a claim for payment cannot be made and in an enforcement proceeding;
6) the property of persons specified in clause 9 4) of this Act.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 17.  Agencies competent to decide on expropriation

(1) The following shall have the competence to decide on expropriation of property from persons in peace time:
1) The Defence Resources Agency;
[RT I 2008, 35, 213 - entry into force 01.01.2009]
2) ministries according to the task given in the summary plan.
(2) The Defence Resources Agency and the ministries shall:
1) keep account of expropriation;
2) organize delivery of orders on expropriation to persons in peace time;
3) supervise the possibility of the compliance with the decision to expropriate property.
[RT I 2008, 35, 213 - entry into force 01.01.2009]
(3) The Commander of the Defence Forces shall decide on the expropriation of property in wartime on the basis of the national defence needs. A commander of a structural unit of the Defence Forces may take a decision to expropriate property in wartime according to the interests of military activities, notifying the Commander of the Defence Forces thereof.
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]
(4) A competent authority for expropriation shall enter the data on the imposition or performance of the expropriation into the mobilization register.
[RT I, 10.07.2012, 2 - entry into force 01.04.2013]

§ 18.  Procedure for expropriation of property

(1) [Repealed - RT I 2003, 13, 69 - entry into force 01.05.2003]
(2) Commissioners or commissions consisting of three members that are formed from commissioners shall be appointed by a commander of a structural unit of the Defence Forces, the Defence Resources Agency or a respective ministry to expropriate and accept property upon raising military readiness, carrying out mobilization or in a state of war.
[RT I 2008, 35, 213 - entry into force 01.01.2009]
(3) The property which is subject to expropriation on the basis of the expropriation order shall be transferred to the place prescribed in the expropriation order by the owner or possessor. The property may also be accepted in its location.
(4) The property to be expropriated shall be accepted on the basis of the acceptance certificate compiled by the respective expropriation commissioner (commission). One copy of the deed shall be given to the owner or possessor.
(5) Commissioners (commissions) shall be liable for the preservation of the expropriated property until the transfer thereof and guarantee the delivery thereof to the designated location by the prescribed time.
(6) Upon permission of the Commander of the Defence Forces the respective commissioner (commission) may:
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]
1) deposit the expropriated property into storage with liability to a person whose property was expropriated;
2) extend the time limit for the transfer of property prescribed in the expropriation order with an obligation to transfer the specified property to the collection point by the specified term. [RT I 2005, 33, 243 - entry into force 01.08.2005]

§ 19.  Acceptance requirements for property under expropriation

(1) The property under expropriation is required to meet the national standards, technical and quality requirements.
(2) Liquid and bulk substances shall be in a proper container or package.
(3) The quantity, an amount of expropriated property, the compliance thereof with the current standards, technical and quality requirements and the stage of amortization shall be noted in the property acceptance certificate.

§ 20.  Prohibition on transfer of property subject to expropriation

(1) It is prohibited to transfer the property specified in the expropriation order delivered to an individual in peace time as from the declaration of the state of war.
(2) It is prohibited to transfer the property specified in the expropriation order delivered to an individual in a state of war as from the delivery of the respective order.

Chapter 4 COMPULSORY USE 

§ 21.  Definition of compulsory use

For the purposes of this Act, the duty to grant use is the temporary use of the property for national defence needs.
[RT I 2003, 13, 69 - entry into force 01.05.2003]

§ 22.  Property under duty to grant use

The following may fall under the duty to grant use:
1) plots of land;
2) vehicles, floating vessels and aircraft;
3) enterprises (incl. hospitals);
4) machinery and equipment;
5) constructions and structures;
6) power, electronic communication, gas and other lines;
7) weapons, optics, measuring and medical instruments;
8) other movable property.

§ 23.  Property not under duty to grant use

The property listed in §§ 15 and 16 shall not fall under the duty to grant use.

§ 24.  Agencies competent for performance of duty to grant use

(1) The duty to grant use of property shall be decided by the Government of the Republic pursuant to §§ 28 and 29 of this Act. The respective ministry shall arrange the performance of the duty to grant use of the specified property.
(2) In other cases the duty to grant use of the property shall be decided by the respective ministry or the Defence Resources Agency on the basis of the task given in the summary plan of duties.
[RT I 2008, 35, 213 - entry into force 01.01.2009]
(3) The Commander of the Defence Forces shall take a decision on the performance of the duty to grant use of the property in a state of war according to the national defence needs. A commander of a structural unit of the Defence Forces may take a decision on the duty to grant use of property in a state of war according to the interests of military activities and notifying the Commander of the Defence Forces thereof.
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]
(4) Competent agencies for the performance of the duty to grant use of property shall:
1) keep account of the property under duty to grant use;
2) organize the delivery to persons of the orders regarding the duty to grant use of property and the performance thereof;
3) check the possibility of the performance of the duty to grant use;
4) organize the return to persons of the property taken under the duty to grant use.
[RT I 2003, 13, 69 - entry into force 01.05.2003]

§ 25.  Procedure for performance of duty to grant use

(1) [Repealed – RT I 2003, 13, 69 - entry into force 01.05.2003]
(2) Commissioners or commissions consisting of three members formed of them shall be appointed by a commander of a structural unit of the Defence Forces, the Defence Resources Agency or the respective ministry for the performance of the duty to grant use of property during raising military readiness, carrying out mobilization or in a state of war.
[RT I 2008, 35, 213 - entry into force 01.01.2009]
(3) Property shall be taken under the duty to grant use on the basis of an acceptance certificate prepared by a respective commissioner (commission). One copy of the certificate shall be given to the owner or possessor.
[RT I 2005, 33, 243 - entry into force 01.08.2005]

§ 26.  Taking vehicle, floating vessel and aircraft for compulsory use

(1) The condition of a vehicle, floating vessel and aircraft under duty to grant use shall meet current requirements, shall be completed with the required outfit, tools and other devices provided in the order under the duty to grant use and be refueled to the full tank capacity.
(2) Upon acceptance of a vehicle, floating vessel and aircraft the state registration certificate, technical condition and completeness thereof shall be checked. If the technical condition of a vehicle, floating vessel and aircraft does not meet the requirements, the respective commissioner (commission) may require the repair of the failure at the expense of the owner or possessor by the provided time-limit.
(3) With a vehicle, floating vessel and aircraft also the driver or crew thereof may be required to drive and maintain the vehicle, floating vessel or aircraft. The commander of a structural unit of the Defence Forces shall have the right to keep the specified persons at his disposal for up to seven twenty-four hour periods during which they shall be provided catering by a military corps or unit in accordance with the standards of the Defence Forces. The requirements of this subsection shall not extend to a person holding a military rank of an officer who is required to participate in the reservist training at the same time or report at the point of assembly due to the declaration of mobilization.
[RT I, 10.07.2012, 1 - entry into force 01.04.2013]
(4) For the period of time spent at the disposal of the commander of a military unit the employer shall retain the average earnings to the persons specified in subsection (3) of this section in the procedure established according to subsection 29 (8) of the Employment Contracts Act.
[RT I 2009, 5, 35 - entry into force 01.07.2009]
(5) A competent agency for the performance of the duty to grant use shall compensate for the remuneration specified in subsection (4) to the employer.
[RT I 2009, 5, 35 - entry into force 01.07.2009]

§ 27.  Duty to grant use of enterprise

(1) Duty to grant use of an enterprise shall be:
1) giving compulsory national defence tasks to the owner or possessor of the enterprise;
2) taking temporary possession of the enterprise by the state.
(2) An owner or possessor of the enterprise is required to enable the representative of a respective ministry or an official authorized therefore the access to production facilities of the enterprise and the stockpile of raw material and materials both in peace time and in a state of war.
(3) Upon declaration of a state of war the transactions for supplying an enterprise, which is operating under the duty to grant use, with the equipment, raw material and materials shall be given the first priority to be implemented by suppliers.

§ 28.  Giving national defence tasks to owner or possessor of enterprise

(1) The Government of the Republic and during a state of war also the Commander of the Defence Forces shall have the right to give compulsory national defense tasks to owner or possessor of an enterprise according to the national defense needs. A commander of an a structural unit of the Defence Forces may assign national defense tasks to owner or possessor of enterprise according to the interests of military activities and notifying the Commander of the Defence Forces thereof.
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]
(2) On the basis of the order to perform the duty to grant use the owner or possessor of an enterprise shall be required to:
1) prepare a schedule for completion of the received national defence tasks and submit for coordination and approval to the respective ministry;
2) upon declaration of a state of war start immediately to implement compulsory national defence tasks according to the approved schedule.
(3) The national defence tasks given during a state of war shall be subject to implementation by the owner or possessor of an enterprise immediately or by a prescribed time limit.

§ 29.  Temporary taking into possession by state

(1) If an owner or possessor of an enterprise fails or refuses to fulfil the compulsory national defence task given to the enterprise, the enterprise may be temporarily taken to the possession of the state by the Government of the Republic or the Commander of the Defence Forces according to the general interests of national defence.
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]
(2) The taking of an enterprise specified in subsection (1) of this section into temporary possession of the state shall be organized by the respective ministry or the Commander of the Defence Forces, who will appoint the management for the enterprise for the period of compulsory use.
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]

§ 30.  Performance of duty to grant use of power, electronic communication, gas and other lines and machinery and equipment

(1) The technical condition of power, electronic communication, gas and other lines and machinery and equipment to be taken for the performance of the duty to grant use is required to meet the requirements in force.
(2) Upon acceptance of power, electronic communication, gas and other lines the technical condition thereof shall be checked. If the technical condition of power, electronic communication, gas and other lines and machinery and equipment is not in compliance with the current requirements, the respective commissioner (commission) may require repair of the failure at the expense of the owner or possessor by the prescribed term.

§ 31.  Prohibition on transfer of property subject to performance of duty to grant use

(1) The transfer of the property specified in an order on the performance of duty to grant use which has been delivered to a person in peace time shall be prohibited as of the declaration of a state of war.
(2) The transfer of property specified in an order on the performance of the duty to grant use which has been delivered to a person during a state of war shall be prohibited as from the delivery of the respective order.

§ 32.  Return of property taken under duty to grant use

(1) Upon preservation partially or fully, the property shall be returned to the owner or possessor after the state of war has ended or during a state of war when the need for use of property has passed in the procedure and within term established by the Government of the Republic.
(2) An acceptance certificate shall be prepared about the return of property by the respective commissioner (commission) and the owner or possessor of the property.
(3) The owner of the property shall have the right to waive acceptance with the return of the property to be returned when the property has become unusable or for other reason.
(4) Upon waiving the acceptance of the return of the property to be returned, the deed on waiving the acceptance of the property to be returned shall be prepared by a respective commissioner (commission) and the owner.

Chapter 5 OBLIGATION TO CARRY 

§ 33.  Definition of obligation to carry

The obligation to carry is a duty of the state of an owner or possessor of a vehicle, floating vessel or aircraft to carry out transport operations with the driver or crew for the national defence needs.
[RT I 2003, 13, 69 - entry into force 01.05.2003]

§ 34.  Competent agencies to decide obligation to carry

(1) The following shall have the competence to decide on the obligation to carry during raising military readiness, carrying out mobilization and in a state of war:
1) ministries;
2) the Defence Resources Agency;
3) commanders of the structural units of the Defence Forces or the persons authorized by them.
[RT I 2008, 35, 213 - entry into force 01.01.2009]
(2) The persons shall be notified of the obligation to carry by a respective order.
[RT I 2005, 33, 243 - entry into force 01.08.2005]

§ 35.  Duration of obligation to carry

(1) A driver or crew may be required to carry for no longer than 24 hours. If necessary, the duration of the obligation to carry may be additionally extended for up to 24 hours at a single time.
(2) The duration of the obligation to carry with the floating vessel is the term of execution of the obligation.

§ 36.  Conditions of obligation to carry

(1) The obligation to carry is required to take account of the purpose and technical specifications of a vehicle, floating vessel or aircraft.
(2) The technical condition of a vehicle, floating vessel or aircraft shall meet the requirements in force for carriage of passengers and cargoes.
(3) A driver or crew shall be given food according to the standards of the Defence Forces and their vehicle, floating vessel or aircraft may be given necessary substances and materials free of charge.

§ 37.  Compensation for obligation to carry

(1) During carrying out the obligation to carry the employer shall retain the average earnings for an employee who has been imposed the obligation to carry in the procedure established on the basis of subsection 29 (8) of the Employment Contract Act.
(2) A competent agency for taking decisions on the obligation to carry shall compensate the specified remuneration specified in subsection (1) to the employer.
[RT I 2009, 5, 35 - entry into force 01.07.2009]

Chapter 6 OBLIGATION TO WORK 

§ 38.  Definition of obligation to work

The obligation to work is an obligation of a natural person living in Estonia permanently to perform national defence work and duties during a state of wart.

§ 39.  Release from obligation to work

The following shall be released from the obligation to work:
1) public servants, servants in the local government agencies and persons in the active service of the Defence Forces;
2) aliens who have been released from the obligation to work on the basis of treaties or generally recognized norms of international law;
3) minors under 16 years of age;
4) female persons who are older than 60 years and male persons who are older than 65 years;
5) female persons from the fourth month of pregnancy until giving birth and two months after giving birth;
6) one parent or guardian of a minor under 12 years of age;
7) incapacitated persons;
8) mentally and physically disabled persons and their caregivers.

§ 40.  Competent agencies for taking decisions on obligation to work

(1) The Commander of the Defence Forces and his or her subordinate commanders shall be competent to decide on the obligation to work during a state of war.
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]
(2) The person shall be notified of the obligation to work with the respective order.
[RT I 2003, 13, 69 - entry into force 01.05.2003]

§ 41.  The duration and conditions of obligation to work

(1) The duration of the obligation to work shall be up to 12 days.
(2) The persons may be obligated to appear with the necessary tools and vehicles if they exist to perform the obligation to work.

§ 42.  Compensation for obligation to work

(1) During performance of the obligation to work the employer shall retain the average earnings for the employee in the procedure established on the basis of subsection 29 (8) of the Employment Contract Act.
(2) A competent agency for taking decisions on the obligation to work shall compensate to the employer for the remuneration specified in subsection (1).
[RT I 2009, 5, 35 - entry into force 01.07.2009]

Chapter 61STATE SUPERVISION 
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 421.  State supervision
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

State supervision over compliance with this Act shall be carried out within its competence by
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
1) the Government of the Republic;
2) a respective ministry in its area of government;
3) a County Governor;
4) a municipality or city government;
5) the Commander of the Defence Forces.
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]

Chapter 62LIABILITY 

§ 422.  Prevention of activity of commissioner competent for performance of expropriation or duty to grant use

(1) Upon expropriation of property or the performance of the duty to grant use of property, the prevention of the activity of a commissioner competent for expropriation and the performance of the duty to grant use of property for national defence needs in a state of war shall be punishable by a fine of up to 300 fine units.
(2) The provisions of the General Part of the Penal Code and the Code of Misdemeanour Procedure shall be applied to misdemeanours provided in this section.
(3) A police authority shall be a body conducting extra-judicial proceedings of the misdemeanors provided in this section.
[RT I 2009, 62, 405 - entry into force 01.01.2010]

Chapter 7 GENERAL PROVISIONS 

§ 43. – § 44. [Repealed - RT I 2002, 63, 387- entry into force 01.09.2002]
§ 45. – § 46.  [Omitted from this text]

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