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The National Defence Act

Original Language Title: Ley de la Defensa Nacional

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National Defense Law


Document: National Defense Law
Type of document: Law
Date of issue: 21/12/1994
Number of Legal Instrument: Act Nº75
Broadcaster: National Assembly of People's Power
Date of entry to the repository: 17/05/2016
Source:
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RICARDO ALARCON DE QUESADA , President of the National Assembly of the People's Power of the Republic of Cuba.

I DO KNOW That the National Assembly of the People's Power of the Republic of Cuba, at its meeting of 21 December 1994, corresponding to the fourth regular session of the Fourth Legislature, has approved the following:

AS REGARDS : The Republic of Cuba bases its policy for national defense on its aspiration for peace of dignity, true and valid for all States, based on respect for the independence, sovereignty and self-determination of peoples, as well as their commitment to comply with the other principles proclaimed in the Charter of the United Nations and in other international treaties of which it is a party.

AS REGARDS : The Cuban people have had to face from the emergence of their nationality, a continuous threat to their security and territorial integrity, which has determined that, according to their patriotic feelings and with greater denuedo from the first days of the triumph of the Revolution in January 1959, has been actively involved in the defense of the country and the conquests of socialism, according to the experiences of the Mambi Army and the Rebel Army, integrating massively from its own creation of the militia of workers, peasants and students and the provision of military service.

AS REGARDS The Program of the Communist Party of Cuba expresses that the defense of the Socialist Fatherland constitutes an essential objective of the Party and the State, the raison d' être and the most sacred mission of the Revolutionary Armed Forces and an obligation The Constitution is also the greatest honor and the supreme duty of every Cuban.

AS REGARDS : In accordance with the provisions of the Constitution it is necessary to regulate in a single legal text the manner in which the state of emergency is declared and other exceptional situations, its effects and its termination, as well as the organization and functions of Defense Councils at all levels, and incorporate into this legislation the fundamental elements related to the preparation of the country for defense.

FOR TANK : The National Assembly of People's Power, in use of the powers conferred upon it in Article 75 (b) of the Constitution, agrees to issue the following:

ACT 75

NATIONAL DEFENSE LAW

CHAPTER I

GENERAL PROVISIONS

ARTICLE 1: This Law regulates:

  1. (a) the declaration of exceptional situations, their effects and their termination;
  2. (b) the organisation and functions of the Defence Councils, as the governing bodies of the country during exceptional situations;
  3. (c) the forces involved in the defence using the means of armed struggle;
  4. (d) the fundamental elements of the military service to be provided by the Cubans;
  5. (e) the essential issues of military degrees; and
  6. (f) the general principles of the country's preparation for defence.

ARTICLE 2: The national defense, in correspondence with the Cuban military doctrine, prepares and performs under the leadership of the Communist Party of Cuba, as the superior leading force of society and the State; and according to the decisions taken, within of the limits of their respective powers, by the higher organs of the People's Power

ARTICLE 3: For the purposes of this Law, it is considered:

  1. a) the Cuban Military Doctrine, as a set of scientifically argued ideas and conceptions, adopted by the State on the essence, objectives, character, particularities and consequences of war; the preparation of the country for to successfully realize it and to try to avoid it; and the methods for its realization and conduction, in order to confront a military aggression. This doctrine is based on the conception of the People's War;
  2. b) the People's War, as the country's strategic defensive conception, which summarizes the historical experience accumulated by the nation; it is based on the deployment of the territorial defensive system as a sustenance of its military might, and on employment more varied of all the forces and resources of society and the State;
  3. c) The Territorial Defensive System, as a set of measures and political, economic, military, legal, security, internal order and civil defense activities, which is organized and carried out since time of peace by the organs and agencies state, economic entities, social institutions and citizens, at the different levels of the political-administrative division with the aim of guaranteeing the defense of the country; and
  4. d) the Defense Zone, as the basis of the territorial structure and its defensive system, which the country assumes in the interests of the defense.

ARTICLE 4: The State assures the resources that guarantee the uninterrupted defense of the national territory.

The plans that ensure the activities of the defense and the vitality of the Revolutionary Armed Forces are approved by the Council of Ministers. State organs and agencies, economic entities and social institutions respond to their execution and fulfillment in their concerns.

ARTICLE 5: All the resources and activities of the country, regardless of their nature, may be put by the Government of the Republic in order to satisfy the needs of the national defense during the exceptional situations.

ARTICLE 6: In accordance with Article 3 of the Constitution, all citizens have the right to fight by all means, including the armed struggle, when no other recourse is possible, against anyone who attempts to overthrow the order. political, social and economic that she establishes.

ARTICLE 7: All citizens have the right to have a place, a means and a way to participate in the rejection and defeat of the aggressor, to receive the necessary preparation to achieve it; and the duty to join the defense by being called to the ranks of the military service or on being mobilized.

ARTICLE 8: The forces that participate in the national defense, using the means of armed struggle, are the Revolutionary Armed Forces, the organs and units of the Interior Ministry and the Production and Defense Brigades.

CHAPTER II

EXCEPTIONAL SITUATIONS

SECTION FIRST

GENERAL PROVISIONS

ARTICLE 9: Exceptional situations constitute states of that character that are established, temporarily, in all or part of the national territory, in the interests of guaranteeing national defense or protecting the population and the economy in the event of an imminent military aggression, natural disasters, other types of catastrophes or other circumstances which, by their nature, proportion or entity, affect the internal order, security of the country or the stability of the State.

In accordance with the Constitution and this Law, the following exceptional situations may be declared:

  1. (a) the state of war or war;
  2. (b) the general mobilisation; and
  3. c) the state of emergency.

ARTICLE 10: The National Defense Council, during exceptional situations, adopts general provisions and mandatory compliance for all, as well as being able to regulate in a different manner and in accordance with the circumstances and the territory where such situations are in force, the exercise of rights and the fulfilment of the fundamental duties recognised in the Constitution, which are then expressed:

  1. (a) the right to work, as set out in Articles 45 and 46;
  2. (b) freedom of speech and the press, as set out in Article 53;
  3. (c) the rights of assembly, demonstration and association referred to in Article 54 thereof;
  4. (d) the inviolability of the domicile, as set out in Article 56;
  5. (e) the inviolability of the correspondence, as set out in Article 57;
  6. (f) the arrangements for the detention of persons, as set out in Article 58 thereof.

Likewise, the National Defense Council determines the legal procedure that will follow the authorities empowered to ensure compliance with its provisions.

ARTICLE 11: The authorities authorized by the National Defense Council may establish, on a compulsory basis, in dependence on the exceptional situation declared and in the territory in which it is in force, among others, some or all of the following measures:

  1. (a) those aimed at preserving the internal order, strengthening the protection of institutions and ensuring the vitality of the population and the economy;
  2. (b) the evacuation of citizens from their places of residence, in order to protect them against the dangers of war, natural disasters or other types of disasters, as well as to facilitate the conditions necessary for their survival;
  3. (c) those which aim at the protection of foreigners in the national territory, in accordance with international treaties;
  4. (d) those intended for the protection of the assets of the national heritage;
  5. (e) the evacuation of selected cargo from ports, airports, warehouses and warehouses to safe places;
  6. (f) the regulation of dimming and masking of light;
  7. (g) the call to the ranks of the military service or the mobilization of the citizens for as long as necessary;
  8. (h) the adoption of a special identification system;
  9. (i) the regulation of the movement and the change of domicile of persons;
  10. (j) those governing the operation of the means of dissemination and communication, in a manner adjusted to the conditions of the time; and
  11. (k) the introduction of a special system for the entry and exit of the national territory.

ARTICLE 12: The measures established by the authorities authorized by the National Defense Council during exceptional situations lose their validity when they are declared terminated. However, when it is deemed necessary that they continue to take effect, they must be ratified for that purpose by the National Assembly of People's Power or the State Council.

ARTICLE 13: During exceptional situations, established special legislation and state bodies, economic entities, social institutions, and citizens are implemented and comply with the plans and measures previously laid down, integrating into the approved structures for this case.

The Courts and the Prosecutor General's Office are organized and operate in accordance with the provisions of this special legislation and according to the complementary provisions adopted by the National Defense Council.

SECTION 2

STATE OF WAR OR WAR

ARTICLE 14: The state of war or war is the exceptional situation of greatest importance that is declared throughout the national territory, with the objective of using all the forces and resources of society and the state to maintain and defend the integrity and the sovereignty of the motherland.

ARTICLE 15: The National Assembly of the People's Power or the Council of State, when it is in recess and cannot be called with the necessary security and urgency, declare the state of war or war, in case of military aggression of in accordance with Articles 75 (i) and 90 (f) of the Constitution, by means of an Agreement in which it expresses the causes of the Constitution and the measures to be taken.

ARTICLE 16: The National Defense Council will inform the Council of State of the disappearance of the causes that gave rise to the state of war or the war, to the effect that it considers its termination or to call the National Assembly of the People's Power for to decide on this.

SECTION III

GENERAL MOBILISATION

ARTICLE 17: The general mobilization is the exceptional situation that is established throughout the national territory in order to achieve, gradually and progressively, the complete combat readiness of the country and place it in a position to maintain its integrity and sovereignty, by carrying out a set of measures and activities involving state bodies, economic entities, social institutions and citizens.

ARTICLE 18: The Council of State, in accordance with Article 90 (f) of the Constitution, decrees the general mobilization when the defense of the country so requires, by means of an Agreement in which it expresses the causes that cause it and the measures that adopt.

ARTICLE 19: The National Defense Council will inform the Council of State of the disappearance of the causes that gave rise to the general mobilization, to the effect that it considers its termination.

SECTION 4

STATE OF EMERGENCY

ARTICLE 20: The state of emergency, in accordance with Article 67 of the Constitution, is declared in case or in the event of the imminence of natural disasters or catastrophes or other circumstances that by its nature, proportion or entity affect the order The population will be mobilized in the country, the country's security or the stability of the state, the entire national territory, or a part of it.

ARTICLE 21: The State of Emergency, in accordance with Articles 67 and 93 (i) of the Constitution, is declared by the President of the Council of State by means of a Resolution in which he expresses the causes that originate, the delimitation of the territory where it is established and the term of validity it will have.

ARTICLE 22: State of emergency declared, as soon as circumstances permit, the President of the Council of State gives an account of his decision to the National Assembly of the People's Power or the Council of State, of not being able to meet the legal effects from.

ARTICLE 23: The President of the Council of State may extend or declare the period of validity of the state of emergency to be terminated, depending on the presence or disappearance of the causes that originated it, and inform the Assembly of its decision. National of the People's Power or the State Council, as provided in the previous article.

CHAPTER III

DEFENCE COUNCILS

SECTION FIRST

NATIONAL DEFENCE COUNCIL

ARTICLE 24: The National Defense Council, in accordance with Article 101 of the Constitution, is constituted and prepared from time of peace to lead the country in the conditions of a state of war, during the war, the general mobilization or the state of emergency.

ARTICLE 25: The National Defense Council during exceptional situations is the highest organ of state and political power, and exercises the direction of:

  1. (a) military readiness and armed struggle;
  2. (b) the internal order and security;
  3. (c) foreign policy;
  4. (d) economic and social activities;
  5. (e) legal activity;
  6. (f) civil defence; and
  7. g) political power.

ARTICLE 26: The National Defense Council is composed of:

  1. (a) the President of the Council of State, who presides him;
  2. (b) the First Vice-President of the State Council, who shall be its Vice-Chair;
  3. (c) five more members, appointed by the Council of State, on a proposal from its President.

ARTICLE 27: The powers of the President, the Vice-President, the other members of the National Defense Council and the bodies that are created to support their work are established in the Rules of Procedure of the National Defense Council, which approves the State Council.

SECTION 2

PROVINCIAL DEFENSE COUNCILS, MUNICIPAL OF DEFENSE ZONES

ARTICLE 28: The Provincial, Municipal and Defense Defense Councils, in accordance with Article 119 of the Constitution, have been and have been preparing since the time of peace to lead in the respective territories, under the conditions of the of war, during the war, the general mobilization or the state of emergency, starting from a general plan of defense and the role and responsibility that corresponds to the military councils of the armies.

ARTICLE 29: The Provincial, Municipal and Defense Defense Councils, during the exceptional situations, are the highest state and political power organs at their level and immediately assume their responsibilities in their territories. respective.

ARTICLE 30: The Provincial, Municipal and Defense Defense Councils are obliged to immediately take the necessary measures to ensure the mobilization of the troops and to act in the event of military aggression. natural disasters, other types of disasters or other circumstances affecting the internal order, the security of the country or the stability of the State in its territory, subject to a declaration of the exceptional situation.

If this situation is not to be declared within the first 24 hours, the measures taken will not be in force. However, if the Defence Council of the territory concerned is isolated and without communication with the higher body, it may continue to act even if the term established has elapsed until the communication is restored and the relevant instructions.

ARTICLE 31: The Provincial, Municipal and Defense Defense Councils can be activated in peace time with the objective of carrying out tasks related to the preparation for defense, according to the plan approved for this purpose. by the President of the Military Council of the Army.

ARTICLE 32: The organization and attributions of the Provincial, Municipal and Defense Defense Councils are determined by the National Defense Council, in accordance with Article 119 of the Constitution and as established in the This Law.

ARTICLE 33: The presidents and other members of the Provincial, Municipal and Defense Defense Councils are appointed, respectively, by the Defense Council of the higher level.

CHAPTER IV

REVOLUTIONARY ARMED FORCES

SECTION FIRST

GENERAL PROVISIONS

ARTICLE 34: The Revolutionary Armed Forces constitute the basic military institution of the State, which has the fundamental mission of fighting the aggressor from the first moments and, with all the people, to develop the war as long as it is necessary, under any circumstance, until the victory was achieved. The Revolutionary Armed Forces have a structure that allows, in addition, the employment of their members in activities to benefit the country's economic and social development and for the protection of the environment.

ARTICLE 35: The President of the State Council, in accordance with Article 93 (g) of the Constitution, may provide the use of armed institutions to deal with and eliminate the consequences of natural disasters or other types of disaster, as well as to maintain the internal order and protect the citizens, even if the state of emergency has not been declared.

ARTICLE 36: The Revolutionary Armed Forces are integrated by the regular troops and the Territorial Troops Militias, and fulfill their missions during the armed struggle in cooperation with the organs and units of the Ministry of the Interior and the Production and Defense brigades.

Regular troops are made up of land, air and sea units.

SECTION 2

MINISTRY OF THE REVOLUTIONARY ARMED FORCES

ARTICLE 37: The Ministry of the Revolutionary Armed Forces is the organization responsible for directing, executing and controlling the implementation of State and Government policy in the activities of:

  1. (a) the preparation of the country for defence;
  2. (b) the defence of the sovereignty of the State over all the national territory, including the territorial sea and the airspace over which it extends;
  3. (c) the preparation and implementation of the armed struggle; and
  4. (d) the procurement, acquisition, production and use of war material that meets the needs of the defence.

The Ministry of the Revolutionary Armed Forces meets these obligations with the participation of the other state bodies, economic entities, social institutions and citizens.

ARTICLE 38: The Ministry of the Revolutionary Armed Forces for the fulfillment of its functions is composed of the management organs of its central apparatus, armies, military units, and other institutions and entities.

The main functions and functions of the Ministry of the Revolutionary Armed Forces are regulated in the legislation on the organization of the Central Administration of the State.

SECTION III

ARMY

ARTICLE 39: The Army is the territorial grouping of forces and means of the Revolutionary Armed Forces, to which the main role in the realization of the armed struggle is, and responds, from time of peace, to the preparation for the defence of the territory allocated.

Article 40: The Army has a Military Council to analyze and adopt agreements on matters related to territorial defense that are subject to its consideration.

The Military Council of the Army consists of:

  1. (a) the Head of the Army, who presides him;
  2. b) the presidents of the Provincial Defense Councils of the territory of the Army; and
  3. c) other members appointed by the Minister of the Revolutionary Armed Forces.

ARTICLE 41: The Army Chief, in his capacity as President of the Military Council of the Army, is empowered to approve the document containing the decision of the presidents of the Provincial Defense Councils for territorial defense and their respective preparation plans, and to lay down provisions on the organisation and implementation of the armed struggle.

ARTICLE 42: The Provincial and Municipal Major States are military organs subordinate to the Army Chief of the respective territories.

ARTICLE 43: The Provincial and Municipal Major States, for the fulfillment of their missions and tasks in peacetime, maintain working relations with the Provincial and Municipal Assemblies of the People's Power to plan, organize and control the implementation of the policy outlined in relation to the preparation for the defence of their territories.

In addition, they are empowered to coordinate and organize, with the administrative bodies of the Provincial and Municipal Assemblies of the People's Power, the execution of the tasks related to the defense, in order to fulfill the obligations military personnel established by laws and other provisions on the subject.

ARTICLE 44: The Major Provincial and Municipal States, in declaring exceptional situations, are constituted in the major states of the respective Defense Councils.

SECTION 4

YOUTH ARMY OF LABOUR

ARTICLE 45: The Youth Army of Labor is part of the ground troops of the Revolutionary Armed Forces and has the following main missions:

  1. (a) to carry out productive activities in the interests of the economic-social development of the country;
  2. (b) to implement measures for the protection of the environment and the rational use of natural resources;
  3. (c) to prepare militarily for its members and participate in the realization of the armed struggle; and
  4. (d) to contribute to the patriotic, military, labour, sports and cultural education and training of young people.

ARTICLE 46: The members of the Youth Labor Army are active-duty military personnel and, consequently, are subject to established military laws and regulations.

ARTICLE 47: The members of the Youth Labor Army receive their salaries or assets in accordance with the provisions that are dictated by the Ministry of the Revolutionary Armed Forces, on the basis of the current labor legislation.

ARTICLE 48: The Youth Army of Labor will maintain direct relations, to all legal, economic and administrative effects, with the entities linked to its productive activity.

The Youth Army of Labor and the entities linked to its productive activity will sign agreements and agreements in which the respective obligations regarding production levels, technological requirements, inputs, the forms of control and other elements of mutual interest.

ARTICLE 49: The entities linked to the productive activity of the Youth Labor Army guarantee the guarantees that will allow the fulfillment of the plan agreed between the two sides.

SECTION QUINTA

MILITIA OF TERRITORIAL TROOPS

ARTICLE 50: The Territorial Troops ' Militias are part of the Revolutionary Armed Forces and are one of the forms of organization of our people to carry out the armed struggle and to fulfill other tasks of the defense.

ARTICLE 51: The Territorial Troops ' Militias are integrated on the basis of the principles of voluntarism, selectivity and territoriality. All the militiamen are sworn in and comply with the provisions dictated by the Ministry of the Revolutionary Armed Forces.

ARTICLE 52: The members of the Territorial Troops Militia are not exempt from the obligations concerning the military service.

ARTICLE 53: The members of the Territorial Troops Militia, when they are mobilized to fulfill their own obligations of the Active Military Service, are considered military personnel and are subject to military legislation.

ARTICLE 54: The Major Provincial and Municipal States respond to the organization and preparation of the Territorial Troops Militias of their respective territories.

The material, technical, medical and financial assurance of the Territorial Troops Militias is the responsibility of the local organs of the People's Power and is carried out in accordance with the provisions that the Ministry of the Forces will dictate to the effect. Revolutionary Armed Forces.

ARTICLE 55: The Ministry of the Revolutionary Armed Forces has, exceptionally, for the needs of the defense, in time of peace, the mobilization of the members of the Territorial Troops Militias.

ARTICLE 56: Civil economic entities may create, in accordance with the needs of the territorial defense and for their own resources, groups of forces and media with the character of special formations of the Militia of Troops Territorial. The heads of the aforementioned entities are obliged to prepare them and to provide them with the necessary assurances, in accordance with the provisions of the Ministry of the Revolutionary Armed Forces, for their employment during the situations exceptional.

CHAPTER V

MINISTRY OF THE INTERIOR

ARTICLE 57: The Ministry of the Interior is the body responsible for directing, executing and controlling the implementation of State and Government policy in terms of the security of the State and the internal order of the country and its powers and functions. They are regulated in the legislation on the organization of the Central State Administration.

ARTICLE 58: The Ministry of the Interior is composed of national organs and provincial and municipal headquarters and these units of state security and internal order, organized, prepared and equipped for the fulfillment of their missions, The European Commission, in cooperation with the State bodies, economic entities, social institutions and citizens.

ARTICLE 59: The provincial and municipal offices of the Ministry of the Interior, during the exceptional situations, are subordinate to the Minister of the Interior and their leaders are part of the respective Defense Councils.

The Minister of the Interior maintains the vertical direction of the organs of state security and when the organs of the interior order are integrated into the Provincial and Municipal Defense Councils, he exercises his methodological direction.

ARTICLE 60: The organs and units of the Ministry of the Interior are part of the Territorial Defensive System and fulfill the missions of the corresponding Defense Councils and the organs and headquarters of the Ministry of the Interior, according to with the approved plans for the exceptional situations.

CHAPTER VI

PRODUCTION AND DEFENCE BRIGADES

ARTICLE 61: The Production and Defense Brigades constitute the armed organization that the Defense Council of the Zone has to develop the mass participation of citizens in the War of the All People and its two basic tasks, during the exceptional situations, are production and defense, and in addition comply with civil defense and internal order measures.

The members of the Production and Defense Brigades, when they are mobilized to fulfill combat missions, are considered military and are subject to military legislation.

ARTICLE 62: The Production and Defense Brigades have been created since the time of peace in the workplace and in the places of residence of the population. They are integrated by citizens who voluntarily express their wishes to participate in the activities of production and defence during exceptional situations, and for different reasons do not belong to regular troops, to the Territorial troop militias, organs and units of the Ministry of the Interior or the working bodies of the Defense Councils.

ARTICLE 63: The Production and Defense Brigades are organized and prepared by the local organs of the People's Power and the agencies of the Central State Administration with the participation of the Provincial and Municipal Major States.

Its material, technical, medical and financial assurance is carried out in accordance with the complementary provisions that the organs and organisms that create them will give to the effect.

CHAPTER VII

MILITARY SERVICE

SECTION FIRST

GENERAL PROVISIONS

ARTICLE 64: The Military Service constitutes one of the main avenues that allows Cuban citizens of both sexes to fulfill the honorable duty of serving with the weapons to the homeland, and includes the Active Military Service and the Reserve.

ARTICLE 65: The Military Service is exempt from the physical or mental disabilities, officially declared as such, in accordance with the provisions of the Ministry of the Revolutionary Armed Forces.

SECTION 2

ACTIVE AND RESERVE MILITARY SERVICE

ARTICLE 66: The Active Military Service consists in the direct fulfillment of the military obligations by the citizens, in the units and dependencies of the Ministry of the Revolutionary Armed Forces or the Ministry of the Interior, and is governed by special provisions laid down by these bodies.

ARTICLE 67: The citizens of the male sex, from the first of January of the year in which they are seventeen years of age until the thirties and one of December of the year in which they arrive at the age of twenty-eight years, must comply with the Active Military Service for a period of two years. In the case of those designated for the Youth Army of Labor, they serve two additional months for their combative preparation.

The Ministry of the Revolutionary Armed Forces may provide that the deadline for compliance with the Active Military Service is computed with the provision of such service in alternative ways, provided that military readiness is guaranteed. corresponding.

ARTICLE 68: Citizens incorporated into the Active Military Service can be licensed before the deadline set when the Minister of the Revolutionary Armed Forces so decides.

That period shall be deemed to be fulfilled for the purposes of its obligation under the law, where it is recognised as a stimulus.

ARTICLE 69: The citizens incorporated into the Active Military Service are guaranteed the insurance in accordance with the rules in force. Citizens who are declared unique or part of the support of their family members may receive social assistance in accordance with the legislation in force.

ARTICLE 70: The call, postponement or exemption of the Active Military Service of the citizens of the male is faculty of the recruitment commissions. These commissions in their work are closely linked to young people and their families to meet their needs. Similarly, this link is conducive to such young people being able to express their preferences for some type of unit or specialty in which they consider that they could fulfill their Active Military Service.

The composition of the recruitment commissions, their faculties, work procedures and payment to their members, is established in the supplementary provisions of this Law.

ARTICLE 71: Citizens of both sexes who so wish and expressly express it may voluntarily join the Active Military Service or the Reserve when they are seventeen years of age and meet the requirements of the establishes the Ministry of the Revolutionary Armed Forces or the Ministry of the Interior, which will also have, where appropriate, everything related to the entry and permanence of those services.

ARTICLE 72: The Military Reserve Service consists in the fulfillment by the citizens of the male sex of up to forty-five years of age, of tasks related to the preparation for the defense, and for this they can be mobilized by a a period not exceeding one year in one or more periods during which they are governed by the laws and provisions in force for the active duty military.

The total time that the citizen, who is called to the Active Military Service, plus the one who is mobilized in the Reserve for his preparation, will not be able to exceed three years, as both complement each other, forming the total term of service delivery Military in time of peace.

ARTICLE 73: Citizens who have been professional military personnel, when incorporated into the Military Reserve Service, may be mobilized for up to six months for the purpose of updating their preparation. In the case of officers and non-commissioned officers, this service is regulated in the General Military Regulations.

ARTICLE 74: The citizens of the male sex may, exceptionally, be called to the Military Service Active in time of peace for an additional period of up to two years, in one or more periods, for the needs of the national defense, and by disposition of the President of the Council of State on the proposal of the Minister of the Revolutionary Armed Forces.

ARTICLE 75: The local organs of the People's Power respond to the material, technical and medical assurance, by means of incorporation of the citizens to the Active Military Service and by the mobilization of the reservists.

The expenditure on which the State organs and agencies, economic entities and social institutions incur these concepts are financed from the budget of the State, in accordance with the accompanying provisions.

SECTION III

MILITARY REGISTRATION

ARTICLE 76: The military registry is a system in charge of the Municipal Major States, which allows the individual control of the citizens who are obliged to comply with the Military Service and those who voluntarily join the Military Service.

In the administrative directions of the centres of work and study the military register is also organized. Each administration executes, controls and updates the registration in relation to its workers and students, as appropriate, in accordance with the rules laid down by the Ministry of the Revolutionary Armed Forces for those purposes.

ARTICLE 77: The citizens of the male sex, during the year in which they are sixteen years of age, are obliged to formalize their registration in the military register.

The registration of citizens abroad will be carried out in the form that is established in the supplementary provisions of this Law.

Once registered in the military register, the citizens are obliged to carry out the activities aimed at their preparation for incorporation into the Military Service and to keep their personal situation duly updated.

CHAPTER VIII

MILITARY DEGREES

ARTICLE 78: The military grade is an expression of the position of the military on the hierarchical scale and the authority given for the exercise of command, while it constitutes a recognition that the society and the state confer on the citizen who is fulfilling the Military Service.

ARTICLE 79: The military rank of the highest hierarchy in the Republic of Cuba is the commander in chief. In the Revolutionary Armed Forces there is also the rank of Army General. The other military grades for the Revolutionary Armed Forces and the Ministry of Interior are structured in the following hierarchical order:

In the Land Troops, in the Navy of War the Air Force and the Ministry of the Interior.

Senior Officers

General of Army Corps Admiral

General of Vice-Admiral Division

Brigadier General Rear Admiral

First Officers

Colonel Captain of Navio

Lieutenant Colonel Captain of Fragata

Major Corbeta Captain

Junior Officers

Captain Lieutenant of Navio

First Lieutenant of Fragata

Lieutenant Lieutenant of Corbeta

Sub-Lieutenant Alferez

Sub-officers

First Sub-official First Official

Second Sub-official Sub-official

Official Sub-Officer

Sergeants

1st Sergeant First Sergeant

Second Sergeant Sergeant at Second

Third Sergeant Sergeant at Third

Cabos

Cape Cape

Soldiers

Soldier Sailor

The particularities related to the military degrees in the Territorial Troops Militias and the Production and Defense Brigades, in correspondence with their popular character, are established in the complementary provisions that in this sense issue the Ministry of the Revolutionary Armed Forces.

ARTICLE 80: The promotion, deprivation or reduction of the degrees of the higher officers is the faculty of the President of the State Council, on the proposal of the Minister of the Revolutionary Armed Forces or the Interior Ministry.

The promotion, deprivation or reduction of the other military grades will be done in accordance with the supplementary provisions of this Law.

CHAPTER IX

PREPARATION OF CITIZENS FOR THE DEFENCE

ARTICLE 81: State organs and agencies, economic entities and social institutions organize and execute the preparation of citizens in the interest of national defense. Its top leaders respond to the fact that workers who are subordinate to them are not affected by additional wages and benefits to stimulate production and services, while remaining in compliance with their obligation to prepare for the defence.

ARTICLE 82: The preparation of citizens for defense is carried out in a systematic and differentiated manner, in accordance with the provisions dictated by the Ministry of the Revolutionary Armed Forces.

ARTICLE 83: The preparation of the citizens for the defense is called the preparation of the personnel and includes:

  1. (a) the preparation of the tables, which includes the permanent, reserve officers and the Territorial Troops Militia; the leaders and officials of the state organs and agencies, economic entities and social institutions;
  2. (b) the preparation of the control and steering bodies, including the control bodies of the regular troops and the Territorial Troops Militia; the governing bodies of the Defence Councils, their Senior States and working groups; at each level; and other steering and steering bodies, which are created for exceptional situations;
  3. (c) the preparation of the troops, which includes, as such, permanent and reserve officers, sergeants, cabos and soldiers (sailors); the militants and fighters of the Production and Defense Brigades; and
  4. (d) the preparation of other citizens, which includes those who, for reasons of age, health or other causes, do not make up the previous groups.

ARTICLE 84: The Patriotic-Military and Internationalist Education is considered part of the preparation of the citizens for the defense and its activities are carried out from time of peace. The foundations for their implementation are established by the competent management bodies and in their implementation are involved the state bodies, economic entities, social institutions and citizens.

CHAPTER X

OPERATIONAL CONDITIONING OF THE NATIONAL TERRITORY

ARTICLE 85: The operation of the national territory, as part of the theater of military operations, constitutes the set of measures and activities of organization, techniques and engineering that have been carried out since the time of peace by the organs and state agencies, economic entities and social institutions, to guarantee the country's preparation for the defense and the realization of the armed struggle.

ARTICLE 86: The Ministry of the Revolutionary Armed Forces determines the needs of the preparation of the national territory, in accordance with the Decision for the Defense of the Country, and submits them to the consideration of the Government of the Republic.

ARTICLE 87: State organs and agencies, economic entities and social institutions organize and implement the measures approved by the Government of the Republic, which ensure the preparation of the national territory for the defense, economic development with these needs and with the protection of the environment, and including them in the relevant plans.

CHAPTER XI

SYSTEMS, INSURANCE AND DEFENSE SERVICES

ARTICLE 88: The Ministry of the Revolutionary Armed Forces is the governing body of the activities that are regulated in this chapter, advises the preparation of the state organs and agencies, economic entities, institutions social and citizens and provides them with the necessary information and documentation. In turn, they have an obligation to implement the measures that are required to guarantee systems, guarantees and services for the defense from time to time.

ARTICLE 89: The system of information for the defense ensures the registration and processing of the information necessary for the fulfillment of the functions related to the national defense, through the establishment of the documents, flows and procedures that are used internally by the management and command bodies of the Revolutionary Armed Forces and in their relations of this kind with the other state organs and agencies, economic entities, and social institutions.

ARTICLE 90: The warning system is organized in order to make timely the signs and indications for the execution of the plans related to the defense, natural disasters or other types of catastrophes.

Natural and legal persons are required to comply with the instructions given by this system.

ARTICLE 91: The single system of exploration guarantees the centralized direction of the efforts that are made in order to obtain information, to elaborate and to process the data on the actions and intentions of the enemy, and other elements of interest for the defense. In addition, it ensures the collection of information and the development of reports on natural disasters and other types of disasters, with the aim of complying with civil defense measures.

ARTICLE 92: The communications system for the defense guarantees the direction and command of the territorial defense, through the technical union and the organization of the media and communications resources of the country.

The Ministry of Communications responds to the organization of the communications system for the defense, in coordination with the Ministry of the Revolutionary Armed Forces, the Ministry of the Interior, and the Cuban Radio and Television Institute.

Radio amateurs and colombophiles are integrated into the communications system for defence during exceptional situations.

ARTICLE 93: The engineering assurance is executed through a set of technical and engineering measures, which is carried out territorially with the objective of contributing to the successful development of the armed struggle.

Article 94: The geographical securement is constituted by the set of measures aimed to know and evaluate the characteristics of the terrain and its relief, the waters and the atmosphere, in order to contribute to the successful fulfillment of the actions combativas.

ARTICLE 95: The insurance for the protection against weapons of mass destruction is organized to minimize the affectations in the people, the flora, the fauna and the material resources, in case of the use of nuclear weapons, chemical, biological or incendiary by the aggressor.

ARTICLE 96: The logistical insurance for the armed struggle is organized, planned and coordinated to meet the material and service needs of the troops. It is carried out by the organs, units and institutions of the logistic insurance of the military units, with the participation of the economic entities of each territory and includes the functions of supply, transportation, production and services.

Article 97: Technical assurance for the armed struggle aims to maintain a high technical provision of the appropriate means and equipment, on the basis of the rational use of available resources and capacities installed in the territory. It is carried out according to an idea and a unique plan that guarantee the combative actions with the necessary autonomy.

ARTICLE 98: The guard service ensures the combative disposition of the command and steering organs, and of the troops and forces; as well as the protection, defense and security of the different objectives and the maintenance of the order.

In the light of the above, all persons are obliged to comply:

  1. (a) the information and prohibition signals established in the access to the military objectives or in the regions and areas linked to the defence;
  2. (b) the voices and signals of the sentinels or custodians;
  3. (c) warning signs of aircraft or aircraft; and
  4. (d) other signs intended for the purpose of defence.

ARTICLE 99: To the military zones determined by the Ministry of the Revolutionary Armed Forces and duly signposted, the access of persons outside them will be prohibited and will have a special surveillance and order system.

ARTICLE 100: The direction of the air traffic is carried out in the interest of the territorial defensive system of the country, by the sole control of the flights of the aviation in all the national territory. To this end, the agencies involved in the safety of air navigation are integrated into the Single System of Air Traffic Management and Control.

ARTICLE 101: The safety of maritime navigation is ensured by a set of measures and regulations established by the competent bodies with the aim of facilitating accurate and safe navigation.

These agencies provide the necessary data for national and foreign vessels for their navigation in the territorial sea, and fulfill their functions, in accordance with the interests of the territorial defensive system of the country.

CHAPTER XII

PREPARATION OF THE NATIONAL ECONOMY FOR DEFENCE

ARTICLE 102: The preparation of the national economy for defense is carried out by the execution of a set of measures of organization and mobilization, economic, financial, technical-material and of creation of the necessary reserves, for ensure that the production plans and services laid down for exceptional situations have been fulfilled since time of peace.

ARTICLE 103: The Council of Ministers directs the execution of the preparation of the national economy for the defense with the participation of the state organs and agencies, the economic entities and social institutions that assure the activities of production and services at the various territorial levels.

ARTICLE 104: The top leaders of the state organs and agencies, economic entities and social institutions respond to the organization, execution and control of their respective production plans and services to satisfy the needs of the defence.

ARTICLE 105: The presidents of the Provincial and Municipal Assemblies of the People's Power will hold regular meetings to analyze the issues concerning the preparation of the territory for the defense in order to adopt the decisions that are required.

ARTICLE 106: The meetings referred to in the previous article have an advisory character and are directed by the President of the Provincial or Municipal Assembly of People's Power, as the case may be, with the assistance of the Vice President and the Secretary from the governing body to that level; the Chief of the Provincial or Municipal General Staff; the Provincial Head of the Ministry of the Interior or the Chief Designated at the municipality level; and the Military Assistant to the President of the organ of the Provincial Administration, and to which the President may also cite other leaders and officials to present reports on the performance of the tasks related to the topics covered by the analysis.

CHAPTER XIII

PROCESS OF COMPATIBILIZATION OF THE ECONOMIC-SOCIAL DEVELOPMENT OF THE COUNTRY WITH THE INTERESTS OF THE DEFENSE

Article 107: The compatibility of the economic-social development of the country with the interests of the defense comprises the set of activities that are carried out from its initial integral analysis until the realization of the requirements to be taken into account in the execution of investments, acquisition and production of equipment, provision of services, and performance of other productions, studies and scientific-technical research.

ARTICLE 108: State organs and agencies, economic entities and social institutions that respond to investments, acquisition and production of equipment, provision of services and other production, studies and research Scientific and technical will be subject to the process of compatibilization of their activities with the interests of the defense.

Article 109: The presentation of the requirements of the defense and the follow-up of the process up to its materialization, corresponds to the defense consultative bodies, which are: the Ministry of the Revolutionary Armed Forces, the General Staff National of the Civil Defense, the Armies and the Provincial and Municipal Major States.

Article 110: State bodies and agencies, economic entities and social institutions are obliged to satisfy the interests of the defense in carrying out their investments, according to the results of the compatibility.

CHAPTER XIV

CIVIL DEFENCE

ARTICLE 111: Civil Defense is a system of defensive measures of a state nature, carried out in time of peace and during exceptional situations, with the purpose of protecting the population and the national economy against the means of destruction of the enemy and in cases of natural disasters or other types of disasters, as well as the consequences of environmental deterioration. It also includes the completion of rescue work and the urgent repair of damage in the areas of destruction or pollution.

ARTICLE 112: The system of civil defense measures constitutes a strategic factor for the country's defensive capacity. It is organized throughout the national territory and its activities are supported by the use of the human and material resources of the state organs and agencies, economic entities and social institutions.

ARTICLE 113: The President of the State Council directs the Civil Defense through the Minister of the Revolutionary Armed Forces, who for this purpose has the National General Staff of the Civil Defense, the main governing body of that system.

ARTICLE 114: The National General Staff of Civil Defense is the body responsible for ensuring compliance with civil defense measures, international norms and conventions concerning the civil protection of which the Republic of Cuba is Part of the programme, and the coordination of cooperation programmes and international assistance in disaster situations.

ARTICLE 115. The presidents of the Provincial and Municipal Assemblies of the People's Power are the heads of the Civil Defense in the corresponding territory and support their work in the Civil Defense organs of the Provincial Major States and Municipal.

ARTICLE 116: The civil defense measures that are met for the protection of the population are as follows:

  1. (a) the organisation and transmission of the notice;
  2. (b) the protection of citizens in protective works;
  3. (c) the distribution of individual means of protection;
  4. (d) the evacuation of the population to safe areas;
  5. (e) temporary deconcentration to places which are less threatened;
  6. (f) the observation and control of chemical, radioactive and biological contamination;
  7. (g) the preparation of citizens on the rules of conduct to be complied with; and
  8. (h) the regulation of dimming and masking of light.

ARTICLE 117: The civil defense measures that are met for the protection of the economy are as follows:

  1. (a) the protection of facilities, equipment, machinery, raw materials, food and medicine stocks, biotechnology products, water sources and reserves;
  2. (b) phytosanitary and agrotechnical measures to preserve plants and their production;
  3. (c) zootechnical, veterinary and evacuation measures to preserve animals and their production; and
  4. (d) the lifting of the stability of work.

ARTICLE 118: Civil defense measures are organized and executed by the state organs and agencies, economic entities and social institutions, and their leaders respond to their compliance. These measures are mandatory for the entire population.

CHAPTER XV

MILITARY RESERVE OF MEANS AND EQUIPMENT OF THE NATIONAL ECONOMY

ARTICLE 119: The Military Reserve of the Media and Equipment of the National Economy is created in economic entities and social institutions, to ensure the needs of the defense and includes:

  1. (a) means of transport on land, air, sea and inland waterways;
  2. (b) means and equipment for the handling and storage of the load; agricultural machinery; construction machinery, and other equipment, installations and mechanisms for the performance of the engineering work;
  3. (c) means and equipment of communications systems, and of automation, meteorological and topogeodetic systems; and
  4. (d) aerodromes, ports and their facilities; plants, workshops, servicentres, fuel storage capacities and other equipment to ensure the operation, maintenance and repair of means and transport equipment.

Article 120: The Ministry of the Revolutionary Armed Forces will be able to use a portion of the Military Media and Equipment Reserve of the National Economy in peace time to ensure the preparation and other activities related to the defense.

The expenditure incurred by the State organs and agencies, the economic entities and social institutions for this purpose are financed from the State budget, in accordance with the additional provisions that are made.

ARTICLE 121: The means and equipment included in the Military Reserve will be extracted by the Major Provincial and Municipal States for the completion of the Revolutionary Armed Forces, according to the order of the Minister of the Armed Forces. Revolutionary.

CHAPTER XVI

MATERIAL RESERVES

ARTICLE 122: The material reserves are constituted by the set of goods that have accumulated since the time of peace in order to guarantee, during the exceptional situations, the life of the population, to maintain and to raise the capacity of resistance of the country, to ensure the implementation of the combat actions, to maintain security and the internal order and to continue the economic and productive activity.

ARTICLE 123: State organs and agencies, economic entities and social institutions respond to the planning, accumulation, storage, rotation, maintenance, conservation, physical integrity, quality and control of the reserves. accumulated materials.

Failure to comply with these obligations or their employment without proper authorization constitutes a serious crime against the economy and the defense of the country and will be sanctioned in accordance with the current penal laws.

ARTICLE 124: Product nomenclatures, standards, levels, accumulation periods, financing and loans from material reserves are approved by the President of the Councils of State and Ministers on a proposal from the corresponding State bodies.

The material reserves are financed from the budget of the State, in accordance with the accompanying provisions.

ARTICLE 125: The material reserves are integrated by:

  1. (a) State reserves;
  2. (b) the mobilisation reserves; and
  3. c) the reserves of the Revolutionary Armed Forces.

ARTICLE 126: State reserves are accumulated by state agencies, economic entities and social institutions with the aim of:

  1. (a) ensure the development and normal functioning of the national economy;
  2. (b) mitigate unforeseen difficulties as a result of natural disasters or other types of disasters; and
  3. c) strengthen the country's defensive capacity.

ARTICLE 127: The mobilization reserves are accumulated by the state organs and agencies, the economic entities and social institutions with the objective of:

  1. (a) ensure continuity of production and services; and
  2. (b) to ensure the satisfaction of the territorial demands of the armed struggle and the economy and the needs of the population, as well as to ensure the fulfillment of the missions of the security of the State and the internal order.

It is up to the Ministry of the Interior to create the reserves for the logistical assurance of the security of the State and the internal order and to govern its designation and employment.

ARTICLE 128: The Council of Ministers approves the policy and fiscalate the accumulation of material reserves.

The National Institute of State Reserves directs, executes and controls state and government policy in terms of state reserves; fiscalizes the mobilization reserves, participates in its planning and executes its financing.

The Ministry of Economy and Planning, together with the Ministry of the Revolutionary Armed Forces, directs and guides the creation and maintenance of the mobilization reserves, with the participation of the other agencies of the Administration Central to the State and the administrative bodies of the Provincial and Municipal Assemblies of the People's Power, within the limits of their respective powers.

Article 129: The reserves of the Revolutionary Armed Forces are aimed at the logistical insurance of the armed struggle according to their designation and employment, and are created and governed by the Ministry of the Revolutionary Armed Forces. The Untouchables Popular Reserves are part of these reserves at the disposal of the Defence Councils.

SPECIAL PROVISIONS

FIRST : The heads of state bodies and bodies, in coordination with the bodies empowered, have drawn up, since the time of peace, the provisions which make the activities of the sphere of their competence in exceptional situations.

SECOND : The Ministries of the Revolutionary Armed Forces and the Interior, taking into account the policy and the guidelines outlined in the country and the characteristics of these institutions, approve the rules and provisions that In addition, it is necessary to apply to the military and its civilian workers, as well as to the technical-material, financial and recording and control systems of the material and financial resources.

TRANSITIONAL ARRANGEMENT

UNICA : Until the additional provisions of this Law are issued, they will continue to apply, as far as they are not opposed, the regulatory norms dictated under the legislation that is repealed.

FINAL PROVISIONS

FIRST: The State bodies and bodies, in respect of each one, have the power to lay down any additional provisions deemed necessary for the implementation and enforcement of the provisions of this Law.

SECOND : The following provisions shall be repealed:

-Law No. 1253 of 2 August 1973, of the Youth Labour Army;

-Law No. 1255 of 2 August 1973, of the General Military Service and its Rules of Procedure, Decree 3732 of 3 August 1973;

-Law No. 1270 of 30 May 1974, of the military grades in the Ministry of the Interior;

-Law No. 1315 of 23 November 1976, of the system of military degrees of the Revolutionary Armed Forces;

-Law No. 1316 of 27 November 1976, on the improvement of the organizational structure of Civil Defense.

-Law No. 1317 of 27 November 1976, of the military reserve of means and equipment of the national economy and its regulation, Decree No. 9 of 18 November 1977; and all laws and regulations are contrary to the provisions of the present

-Law, which will begin to take effect from the twenty-fourth of February of a thousand nine hundred and ninety-five.

DADA In the session hall of the National Assembly of People's Power, Palace of the Conventions, City of Havana, at the twenty-one day of the month of December of a thousand nine hundred and ninety-four.