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The Status Of The Defence Law

Original Language Title: Puolustustilalaki

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Defence Law

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In accordance with the decision of the Parliament:

CHAPTER 1

General provisions

ARTICLE 1 (25.2.2000)

In order to safeguard national sovereignty and to uphold the rule of law, the defence of the state can be strengthened and its security strengthened by the entry into force of the defence space during the war against Finland and its equivalent In the case of internal, violent disturbances affecting the maintenance of law and order, which seek to repeal or amend the constitutional order of the Constitution.

ARTICLE 2

The defence status shall be entered into force and extended by the Presidential Decree of the Republic. The Regulation lays down the provisions of Chaos 2 and 3. They may be adjustable for application only in so far as it is necessary to achieve the purpose of this law if the standby law (1802/2011) Are not sufficient to do so. (12/01/1553)

The entry into force of the defence space shall be notified to States Parties to the International Covenant on Civil and Political Rights (iccpr 8/76) through the Secretary-General of the United Nations, in accordance with Article 4 (3) of the Convention provides. The Secretary-General of the Council of Europe shall be aware of the entry into force and of the cessation of the defence, as provided for in Article 15 (3) of the Convention for the Protection of Human Rights and Fundamental Freedoms (oj 19/90).

ARTICLE 3

Presidential Decree concerning the entry into force of the defence status ( Implementing regulation ) Shall be given for a period not exceeding three months. (25.2.2000)

The implementing regulation shall specify the provisions which may be applicable and, if they are not applied throughout the territory of the Reich, their territorial scope.

The implementing regulation shall immediately be referred to the Parliament. The Regulation should be repealed if the Parliament so decides.

If, within one week of its adoption, the implementing regulation has not been submitted to the Parliament, the Regulation shall lapse.

§ 4

Defence space may, under the conditions laid down in Article 1 and in Article 2 (1), be extended by a Presidential Decree ( Extension regulation ) which shall be issued for a period not exceeding one year at a time. Article 3 (2) also applies to the extension regulation. (25.2.2000)

The extension regulation shall immediately be referred to the Parliament. It is up to the Parliament to decide whether the regulation will remain in force as such or whether it should be abolished in whole or in part, and whether it will be in force for a shorter period of time.

§ 5

Where a decision referred to in Article 4 (2) has been taken by the Parliament, the provisions of this Act, as set out in the extension Regulation, shall apply to the extent that the Parliament has not decided that the Regulation should be repealed.

In the absence of a decision by the Parliament before the expiry of the current Regulation, even if the extension Regulation has been submitted to the Parliament at least two weeks before that date, all the extension Regulation shall: The provisions of this Act shall apply. The regulation's decision on the regulation is in force, as provided for in paragraph 1.

ARTICLE 6

Upon expiry of the conditions of application of the law, the defence status shall be abolished by the repeal of the existing implementing regulation or the extension regulation.

If the conditions of application of a provision of Part 2 or 3 cease, the application or extensions shall be amended accordingly.

At the end of the defence, decisions taken pursuant to the provisions of chapters 2 and 3 of this Act shall expire.

§ 7

Under this law, no rights guaranteed by the Constitution or any other right may be restricted more than it is necessary to achieve the purpose of the law and, for the purposes of the law, no one shall be entitled to a different status On grounds of sex, age, origin, language, religion, belief, opinion, state of health, disability or any other person. (25.2.2000)

The application of this law shall comply with the limitations of the scope of the Finnish law resulting from international agreements requiring Finland or the generally recognised rules of international law.

CHAPTER 2

General safety measures to support the defence of the kingdom

§ 8

Where a person who is not a Member of the People's Party may, by virtue of his previous criminal activity or otherwise, suspect that he or she is guilty of treason or treason or any other criminal offence which is liable to To harm or endanger the defence or security of the kingdom, the Head of the Police Police Department may, for a maximum period of three months at a time, place him in a designated place or stay at a specified location; and Shall, at the same time, place him under special supervision or order him To change their place of stay. (25.2.2000)

The person to whom the order referred to in paragraph 1 has been allocated shall, within 14 days of the date on which the order has been served, appeal against the order to the general District Court of residence. The quorum shall also be subject to a quorum when it is itself chaired by the President. The letter of appeal may also be issued to the head of the police department of the delegation which issued the order for submission to the District Court. Any appeal against the order shall be notified in the context of its adoption. (25.2.2000)

The court or tribunal shall inform the appellant and the district prosecutor of the time and place of the proceedings. The appellant must also be informed that his complaint may be addressed in spite of his absence. (13/01/450)

§ 9

Where the measures referred to in Article 8 are insufficient to achieve the purpose of the law, the general District Court of the place of residence of the person referred to in paragraph 1 of that Article may be the head of the police department, the head of the protective police or the police chief The requirement to order him to be taken into protective custody for a maximum of three months at a time. (22.12.2009)

By order of the police officer referred to in paragraph 1, the police officer may be detained and kept in custody until the matter relating to the admissibility of such security has been referred to the court.

The case referred to in paragraphs 1 and 2 shall apply mutatis mutandis to the (2006) Provisions on the handling of the detention issue. (30.12.2013/1149)

Where applicable, the rights of the person in charge shall be in force, where applicable, of the remand in the law on pre-trial detention (16/74) Provided. However, his contacts with third parties may be restricted and contacts may be prohibited in so far as it may jeopardise the attainment of the purpose of the establishment.

L on pre-trial detention 76/1974 Has been repealed by the Graduation L 768/2005 .

ARTICLE 10

Where a registered or non-registered association is acting in a manner other than that of the mass communication, it is likely to have reason to believe that the defence or the security of the kingdom, or its security, the State Council, May prohibit the continuation, in whole or in part, of the association representing the registered party represented in the Parliament. If the measure referred to above is to be applied to the association referred to in Article 4 of the International Convention on Freedom of Association and the Protection of the Right to Organise Law (Treaty Series 45/49), Justice of the Council.

Where the activities of the other private entity or of the foundation have been or are likely to have a bearing on the quality of the activities referred to in paragraph 1, the Council may, if the measures provided for in Article 17 are to achieve the purpose of the law, Inadequate, prohibit the continuation of the activities of the entity or of the foundation in whole or in part.

ARTICLE 11 (25.2.2000)

The general meeting shall be notified in writing to the police of the meeting place no later than three days before the planned meeting. For a specific reason, the Head of the Police Department may accept a subsequent notification.

The head of the district police department may refuse to hold a meeting if the meeting is likely to harm or endanger the defence or security of the kingdom.

The police shall prevent the holding of a meeting which has not been notified or prohibited pursuant to paragraph 2.

The police shall have the right to order the meeting to come to an end if, on the basis of its course, it may be considered likely that the continuation of the meeting would harm or endanger the defence or security of the kingdom.

ARTICLE 12 (22.12.2009)

The Regional Administrative Agency may restrict the right to leave a particular locality and prohibit outdoors during periods or at specified locations without the permission of the police if the security of the population or the important advantage of military defence Demands.

In a case of urgency, the order referred to in paragraph 1 may be issued by the Chief of Police. The decision shall be immediately subject to confirmation by the Regional Administrative Agency.

ARTICLE 13

No one shall be unlawfully made public, or free of charge, to defend the kingdom or to maintain its security or to maintain its security, or which is of its kind that it is the defence of the kingdom. Or, in order to protect its security or the associated foreign relations of Finland, shall be kept secret.

ARTICLE 14

If the prohibition laid down in Article 13 has been repeatedly or seriously violated in the mass media, the Council of State may place the mass communications or any other equivalent communication activities of the person concerned for a maximum period of three months at a time. By stipulating that the authority entrusted with the supervision by law may, in advance, verify and monitor the programmes or communications during the period of the programme or communication, as well as remove or delay the relevant part referred to in Article 13; The transmission or other communication of the programme or prevent it altogether.

Paragraph 2 has been repealed by L 13.6.2003/466 .

§ 15

In the case of radio communications other than the licensed Finnish Broadcasting System, which is found to be contrary to Article 13, the TeleManagement Centre and the authorities of the armed forces with a defence capability It is imposed, the right to prevent and disturb the communication in order to prevent the reception of the consignment.

ARTICLE 16 (25.2.2000)

The head of the municipal police department may order that the firearms, the parts, ammunition and ammunition held by private individuals, as well as explosives, must be handed over to the police authority for the time being, if necessary for the safety of the population or The important advantage of military defence.

CHAPTER 3

Securing military and economic defence capabilities

§ 17

The State Council may oblige the production or service institution to ensure the necessary production of goods which are necessary for the defence of the national territory and prohibit the establishment of production which is detrimental to the defence of the kingdom. To the necessary commodity production, or to limit such production.

The State Council may, in addition to the obligation, prohibition and restriction referred to in paragraph 1, apply not only to the owner of the institution, but also to the person who actually determines or may determine its operation.

Where a decision taken pursuant to paragraphs 1 or 2 is not complied with, or if the probable cause may be suspected of failure to comply with the decision, the Council of State may place the relevant production or service body in the immediate Control or, where appropriate, impose it on the management of the State.

ARTICLE 18

Article 17 (1) provides for a production obligation, including a non-resident entity which is wholly or in respect of a dominant position in Finland, and the foundation in which the decision-making power is exercised; Finns. The production obligation is given by the Finnish owners of the Community or by the Finns acting in the Foundation to use the means at their disposal to ensure that the Community or the Foundation is responsible for the necessary product production.

§ 19

The State Council may take the measures referred to in Article 17 (3) where an undertaking or a production or service institution carries out an export or import which is liable to injure or undermine the defence of the kingdom or which is a defence Or detrimental to international relations related to it.

§ 20

The Ministry of the Interior may place the State administrative authority under direct control or control or order the seizure of assets in Finland which belongs to a citizen, entity or foundation of an enemy state. Similarly, any other foreign property in Finland may be affected if there are reasonable grounds for suspecting that it is being used for the purpose of protecting or protecting the national security.

ARTICLE 21

From the point of view of the defence of the kingdom, aircraft, motor vehicles, machinery or equipment, or their right of ownership, use, management or manufacturing, or intangible assets, cannot be transferred without the permission of the Council of State Abroad, or in Finland, to a foreign, foreign legal person, or otherwise foreign control, if the most likely cause of the transfer can be suspected of harming or endangering the defence of the kingdom.

§ 22

The State Council may, if the defence of the kingdom so requires, oblige the property referred to in Article 21 to be returned to Finland if it is owned by a Finnish company abroad.

ARTICLE 23

The military authority may order the population to be displaced from a region where it is necessary, as a matter of urgency, to engage in specific military activities due to an attack or any other equivalent activity or their imminent threat, Defence measures.

§ 24

In the area referred to in Article 23, the municipal authorities of the county, district and state local authorities and the municipal authorities shall take the necessary measures to build defence equipment and traffic lanes and other Actions in support of defence.

In the territory referred to in Article 23, the defence forces shall have the right to use, transfer and dispose of movable and immovable property in accordance with the defence arrangements.

ARTICLE 25

In the area referred to in Article 23, everyone is irrespective of the provisions of Articles 17 to 19 or the stand-by law, on the orders of the military authority to surrender the territory's defence forces or their activities. For the purpose of protecting these conditions, for the purposes of these conditions, military equipment, food and fuel, vessels, aircraft, motor vehicles, machinery and equipment, and other commodities.

The military authority may order the use of the forces and of the undertakings serving their activities in order to ensure that they are required to work on a temporary basis.

§ 26

An undertaking, an establishment, a profession, a profession, a profession and a trader which is or is deemed to be capable of producing the goods necessary for the defence of the territory of the territory within the meaning of Article 23, is no matter what: Under Articles 17 to 19 or by means of a stand-by law, the military authority is required to produce and carry out other tasks related to it. The military authority may, where appropriate, take such an undertaking or establishment temporarily under the supervision or control of the armed forces.

The person employed by the undertaking or body referred to in paragraph 1 shall be obliged, under the authority of the military authority and under the authority of the military authority, to carry out duties other than those of his or her actual service.

§ 27

Where military defence measures require the exercise of powers under Articles 23 to 26 for longer than two weeks, they may continue to be used in the scope and in the area determined by the State Council.

The decision of the Council of State shall immediately be brought to the attention of the military authorities and shall be published as soon as possible in the Finnish legislative collection.

CHAPTER 4

Outstanding provisions

ARTICLE 28

For the purposes of Chapter 3, and Articles 33 and 44, the military authority shall be referred to as the military authority commander and the commander of the military division and the senior commanders.

§ 29

A person who, under this law, has been ordered to change his place of residence, shall, with State resources, arrange for accommodation and subsistence to be provided with State resources.

The provisions laid down in paragraph 1 shall also apply to a person who is responsible for the maintenance of a child restraint.

ARTICLE 30

Pursuant to Article 25 (2), every person residing or staying within the meaning of Article 23 may be ordered to work, pursuant to Article 25 (2), but not for 68 years. Where necessary, a fixed working order may be required to use its own working equipment. (12/01/1553)

The order for temporary work must not go against its will for longer than 12 working days. The period may be extended by a maximum of 12 working days. Moreover, the rights and obligations imposed on temporary work are in force as to what is required by the standby law.

ARTICLE 31

Everyone shall be obliged to provide the military authorities with the information necessary for the organisation of the defence measures referred to in Articles 23 and 24.

ARTICLE 32 (21.5.1999)

§ 32 repealed by L 21.5.1999/623 .

§ 33 (13.6.2003/466)

The publisher and the programme operator shall be obliged, without compensation, to publish, or to send, the State Council, the Ministry, the provincial government and the municipal board, as well as the military authority, concerning the application or enforcement of this law. Information which, in the interests of the national defence or its security, must be brought to the attention of the entire population or residents of a particular region as a matter of urgency. Such information shall, without delay, be published in the relevant time-term publication, in the online publication or programme.

§ 34 (13.6.2003/466)

In order to promote cooperation between state authorities and the mass media, the Council of State, for the duration of the defence, sets up a negotiating body representing time-related publications and online publications. Publishers, programme operators and key authorities for the management of the state of emergency conditions.

ARTICLE 35

The police and other authorities shall provide the necessary administrative assistance in the implementation of this law and of the provisions adopted thereunder.

§ 36

The condition contained in the undertaking or contract, or any specific form of such an act, shall not be applied or enforced in so far as it is contrary to or is intended to circumvent this law or to circumvent this law. The provisions adopted.

The obligation to produce or dispose of certain assets under this law, or any other decision, shall be transferred to the new owner of the property in connection with the transfer of the owner.

ARTICLE 37

The administrative decision taken on the basis of an order under this law shall be entitled to appeal in the order in general terms of the decision of the authority concerned. However, the appeal against the decision of the subordinate authority shall be lodged with the Court of Appeal. If the appeal procedure is not provided, the appeal shall be lodged with the Supreme Administrative Court. The administrative decision taken by the military authority under this law shall not be subject to appeal by the appellant, with the exception of the administrative decisions taken pursuant to Articles 24 and 25, to which the appeal is appealed against.

The administrative decision taken under this law and the decision of the Court of Justice in the cases referred to in Articles 8 and 9 shall be complied with, regardless of the appeal or submission, unless the appeal or the subordination authority decides otherwise.

The decisions of the Government and its Ministries to which an appeal is made under this Act shall be accompanied by an appeal.

The submission and appeal of a decision pursuant to Articles 8 to 12 and 14 and 25 (2) of this Law must be addressed as a matter of urgency.

ARTICLE 38

When, pursuant to a decision taken pursuant to Articles 12, 16 to 19, 21, 22 or 23 to 26, anyone has suffered damage which is not reimbursed to him under any other law, he shall be fully compensated for the loss of State resources. The procedure referred to in Article 20 shall also be used for the damage caused to a citizen, entity or foundation of a non-enemy State.

If, in view of the damage suffered by the injured party and other circumstances, the damage is considered to be minor, or if the financial or economic reasons for the damage caused by the large amount of the damage are necessary, the damage shall be carried out Reasonable remuneration.

ARTICLE 39 (25.2.2000)

The penalty for the right to publish or to disclose information referred to in Article 13 is punishable under criminal law. (39/1889) Articles 5 to 7.

ARTICLE 40 (25.2.2000)

The penalty shall be governed by the provisions of Article 13 of the Treaty on the protection of the right to public access to the information provided for in Article 13. Article 8 of Chapter 12 of the Penal Code -In.

ARTICLE 41 (21.4.1995/669)

§ 41 has been repealed by L 21.4.1995/669 .

ARTICLE 42 (21.5.1999)

§ 42 has been repealed by L 21.5.1999/623 .

ARTICLE 43

Anyone who fails to comply or otherwise violates

(1) provisions adopted pursuant to Articles 17 to 23, 25 or 26 or 30 (1),

(2) the restriction of freedom of association, association or movement determined pursuant to Articles 10 to 12;

(3) the obligation to surrender under Article 16;

(4) the disclosure requirements laid down in Article 31; or

(5) the obligation to publish in Article 33;

Must be condemned On the defence breach Fine or imprisonment for a period not exceeding six months.

The infringement referred to in paragraph 1 (1) shall be punishable.

ARTICLE 44

Where a military authority considers that a person serving in the armed forces or acting on the basis of a decree issued by a military authority under this law shall not be required to appear on the basis of an invitation or an order Or has been asked to give an explanation in the case before the court or other authority, may, in the interests of his service or function, take part in the trial or give an explanation, shall not be obliged to participate in the proceedings; And will not miss an opportunity to explain, unless the relevant The court or other authority decides otherwise.

The military authority shall, when exercising the powers referred to in paragraph 1, inform the court or authority concerned of the obstacle in sufficient time.

The court or other authority shall, when adopting the obstacle referred to in paragraph 1, transfer the proceedings.

ARTICLE 45

This Act shall enter into force on 1 September 1991.

This law repeals the Law of 26 September 1930 of 26 September 1930 (303/30) The law of 28 November 1930 of 28 November 1930 on the application of the provisions of the Law of 26 September 1930 on the state of the state of war in the event of a commercial mobilisation; (356/30) , the basis for the compensation which, under the Act on the State of War, is in some cases the Law of 18 August 1944 on State resources (15,16) , the Decree of 13 October 1939, in exceptional circumstances, (32/39) , Regulation of 20 June 1941 on the integration of motor vehicles into the armed forces (42/41) Decree of 18 August 1944, with its subsequent modifications and the setting up of vessels for the use of the armed forces (187/45) .

As far as the state of war is concerned, the law governing the state of war concerns the state of the defence.

HE 249/89, half-mil. 6/90, svk.M. 311/90, Puv.a. 2/91

Entry into force and application of amending acts:

21.4.1995/669:

This Act shall enter into force on 1 September 1995.

THEY 94/93 , LaVM 22/94, SuVM 10/94

21.05.1999/623:

This Act shall enter into force on 1 December 1999.

30/1998 , Case 31/1998, EV 303/1998

25.2.2000/1992:

This Act shall enter into force on 1 March 2000.

THEY 186/1999 , EV 19/2000,

13.6.2003/466:

This Act shall enter into force on 1 January 2004.

THEY 54/2002 , 14/2002, EV 288/2002

22.12.2009/1429:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

13/05/2015:

This Act shall enter into force on 17 May 2011.

THEY 286/2010 , LaVM 34/2010, EV 311/2010

29.12.2011/1553:

This Act shall enter into force on 1 March 2012.

THEY 3/2008 , PuVM 3/2010, EV 71/2010, LJL 1/2011, EK 28/2011

30.12.2013/1149:

This Act shall enter into force on 1 January 2014.

THEY 14/2013 , LaVM 17/2013, EV 203/2013