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Peacetime National Defence Act


Published: 2011-12-09

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Peacetime National Defence Act

Passed 12.06.2002
RT I 2002, 57, 354
Entry into force 15.08.2002

PassedPublishedEntry into force
22.01.2003RT I 2003, 13, 6901.05.2003
17.12.2003RT I 2003, 88, 59408.01.2004
20.05.2004RT I 2004, 45, 31827.05.2004
14.12.2005RT I 2005, 71, 54215.01.2006
09.11.2006RT I 2006, 50, 37415.11.2006
25.01.2007RT I 2007, 16, 7701.01.2008
19.06.2008RT I 2008, 35, 21201.01.2009
10.12.2008RT I 2008, 58, 32502.01.2009
06.05.2009RT I 2009, 27, 16501.01.2010
15.06.2009RT I 2009, 39, 26224.07.2009
11.11.2009RT I 2009, 57, 38101.01.2010
22.04.2010RT I 2010, 22, 10801.01.2011, 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)
16.12.2010RT I, 31.12.2010, 101.01.2011
15.06.2011RT I, 08.07.2011, 822.07.2011
16.11.2011RT I, 29.11.2011, 609.12.2011

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of Act

 (1) This Act provides for the peace-time 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 War-time 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 National 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 Minister of Foreign Affairs, the Minister of Defence, the Minister of Finance, the Minister of the Interior, the Minister of Justice and the Commander of the Defence Forces.
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]

 (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 of Defence;
[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 and the Chief of General Staff on the proposal of the Minister of Defence, taking account of the opinion of the Riigikogu National Defence Committee;
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]
 31) appoint to and release from office the Commander of the National Defence League on the joint proposal of the Minister of Defence and the Commander of the Defence Forces;
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]
 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 of Defence, 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 Minister of Defence or the Minister of Internal Affairs has submitted a proposal to this effect;
 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 National Defence League;
 15) submit, in order to increase military readiness or to carry out mobilisation, on the proposal of the Minister of Defence, 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 in the sphere of responsibility of the defence districts;
[RT I 2008, 35, 212 - entry into force 01.01.2009]
 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 of Defence.
[RT I, 29.11.2011, 6 - entry into force 09.12.2011]

§ 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 of Defence and the Commander of the Defence Forces concerning the draft national defence;
 2) by the Minister of Defence 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, the Minister of Justice, the Minister of Defence, the Minister of Finance, the Minister of the Interior and the Minister of Foreign Affairs.

Chapter 4 MINISTER OF DEFENCE AND MINISTRY OF DEFENCE 

§ 8.  Competence of Minister of Defence in organisation of national defence

 (1) The Minister of Defence shall organise national defence within the area of administration of the Ministry of Defence.

 (2) The Minister of Defence shall issue regulations and directives on the basis of law for implementation by the Defence Forces and the National 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 National Defence League;
 7) organise the supply of weapons, battle equipment, uniforms and other means to the Defence Forces and the National Defence League;
 71) organise the imposition of national defence duties and performance thereof in peace-time;
 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 National Defence League;
 12) direct the development of the defence industry and organise, in war-time, the preparation of the enterprises transferred in the possession of the ministry for operation in war-time,
 13) organise health care in the Defence Forces and in the National 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 of Defence 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 National 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 National 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.  National Defence League

 (1) The National 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 National 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 and the National Defence League shall be led by the Commander of the Defence Forces.
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]

 (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 of Defence;
 3) be the highest military advisor of the Government of the Republic and the Minister of Defence;
 4) make a proposal to the Minister of Defence for the appointment to office and release from office of the Chief of General Staff and commanders of service and make a joint proposal together with the Minister of Defence to the Government of the Republic for appointment to and release from office of the Commander of the National Defence League;
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]
 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 of Defence, 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 of Defence;
[RT I, 30.12.2010, 1 - entry into force 01.01.2011]
 12) establish, by a directive, the emergency defence plan;
 13) approve, by a directive, an action plan for the National Defence League;
 131) approve the membership of the Defence Forces;
[RT I 2008, 35, 212 - entry into force 01.01.2009]
 14) conclude and terminate the active service contracts and appoint to and release from office regular officers of the Defence Forces and National Defence League in the procedure provided for in the Defence Forces Service Act and within their competence.
[RT I 2008, 35, 212 - entry into force 01.01.2009]
 141) appoint to and release from office the officials of the Defence Forces and conclude and terminate the employment contracts with the support staff of the agency or delegate the said assignments to be implemented by the commanders of service or structural units;
[RT I 2008, 35, 212 - entry into force 01.01.2009]
 15) bestow the military rank of non-commissioned officer;
 16) establish the procedure for wearing the uniforms and rank insignia of the Defence Forces and National Defence League;
 17) [Repealed - RT I 2008, 35, 212 – entry into force 01.01.2009]
 18) establish the training plans of the Defence Forces and the National Defence League or grant mandates to the service commanders or the Commander of the National 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 preparedness of the Defence Forces for performance of the duties imposed thereon by legislation;
 221) organise reserve training for reservists;
 222) organise the appointment of reservists to war-time positions;
 223) organise the keeping of records on the manning of war-time units and the reserve units staffing;
[RT I 2008, 35, 212 - entry into force 01.01.2009]
 224) approve the mobilisation and formation plans and the action plans for war-time units and reserve units or grant mandates for their approval to the service commanders and defence district commanders or the brigade commander and the Commander of the National Defence League;
[RT I, 31.12.2010, 1 - entry into force 01.01.2011]
 225) direct and organise the mobilisation of reservists, the forwarding of mobilisation orders to reservists, and the assembly and transportation of reservists to their places of service;
 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 National 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 of Defence, to send a copy of a directive issued by him or her to the Minister of Defence 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 Internal Affairs

  [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.

§ 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 of Defence.

 (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]

§ 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 war-time tasks assigned to the industrial sector;
 2) determine the war-time 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 war-time 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 war-time.
[RT I 2003, 88, 594 - entry into force 08.01.2004]

 (2) The Ministry of Agriculture shall organise the acquisition and storage of the stockpile of agricultural produce and food grains.

 (3) The Ministry of the Interior shall work out national internal security plans for war-time 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 war-time;
 2) prepare and organise the provision of medical care under the conditions of mobilisation and war-time.

 (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 war-time;
 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 of Defence, 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 of Defence, 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 reserve 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 war-time,
 2) keep a war-time stock of coins and banknotes.

Chapter 61 MOBILISATION 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 of Defence 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 of Defence.

 (2) Mobilisation stockpile may be used for emergency needs of the population on the basis of the directive of the Minister of Defence.
[RT I 2005, 71, 542 - entry into force 15.01.2006]

Chapter 62 COMBATTING 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 of Foreign Affairs 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 Minister of Foreign Affairs and the Minister of Defence shall hear the opinion of the Foreign Affairs Committee and the National Defence Committee of the Riigikogu.
[RT I 2004, 45, 318 - entry into force 02.01.2009]

§ 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 of Defence, 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 of Defence 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 of Defence for ten years and it shall be reviewed on the proposal of the Minister of Defence 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 of Defence 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 of Defence 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 of Defence for one year.
[RT I 2008, 58, 325 - entry into force 02.01.2009]

Chapter 71 LIABILITY 
[RT I 2005, 71, 542 - entry into force 15.01.2006]

§ 281.  Illegal use of mobilisation stockpile

 (1) Illegal use of mobilisation stockpile by an employee or public servant is punishable by a fine of up to 300 fine units.

 (2) The same act, if committed by a legal person, is punishable by a fine of up to 3,200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 282.  Procedure

 (1) The provisions of the General Part of the Penal Code and the Code of Misdemeanour Procedure shall be applied to the misdemeanour provided for in § 281 of this Act.
[RT I 2005, 71, 542 - entry into force 15.01.2006]

 (2) A police authority is the body conducting extra-judicial proceedings with regard to the misdemeanour provided for in § 281 of this Act.
[ RT I 2009, 27, 165 – entry into force 01.01.2010]

Chapter 8 IMPLEMENTING PROVISIONS 

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

§ 39.  Entry into force of the Act.

  This Act shall enter into force on 15 August 2002.