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Law No 1647-III on Legal Regime of the Martial Law of Ukraine (2000) (English)
LAW OF UKRAINE
ON LEGAL REGIME OF THE MARTIAL LAW
April 2000
This Law shall define the essence of the legal regime of the martial law (the procedure of the implementation and the repeal of the martial law, the legal principles of activities of state authorities, military command, local self-administration bodies, enterprises, institutions, and organisations under circumstances of the martial law, guarantees of human and citizen's rights and freedoms, and legitimate interests of legal entities) and the liability for the violation of requirements or the failure to take measures appertaining to the legal regime of the martial law.
Section I. GENERAL PROVISIONS
Article 1. Definition of the Martial Law
The term 'martial law' shall be understood as a special legal regime, which is introduced in Ukraine or in certain areas of Ukraine in case of the military aggression or the threat of attack, the menace to the national independence of Ukraine or its territorial integrity and provides for vesting the relevant state authorities, the military command, and the local self-administration bodies with the authority required to repulse the menace and ensure the national safety, as well as the temporary restriction of human and citizen's rights and freedoms, and legitimate interests of legal entities due to such menace with the indication of the validity period of such restriction.
Article 2. Objective of the Martial Law
The objective of the implementation of the martial law shall be to create conditions for the exercise of their authority by state authorities, military command, local self-administration bodies, enterprises, institutions, and organisations in case of the military aggression or the threat of attack, the menace to the national independence of Ukraine or its territorial integrity.
Article 3. Legal Grounds of the Martial Law
The legal ground of the implementation of the martial law shall be the Constitution of Ukraine ( 254k/96-VR ), this Law, other laws of Ukraine, and the Decree of the President of Ukraine on implementing the martial law in Ukraine or certain areas of Ukraine approved by the Supreme Council (Parliament) of Ukraine.
Article 4. Military Command
The military command, which is vested hereby with the right to introduce and implement measures of the legal regime of the martial law together with executive bodies, the Council of Ministers of the Autonomous Republic of Crimea and local self administration bodies, shall be understood as:
- the General Headquarters of the Armed Forces of Ukraine;
- the headquarters of the Land Forces of the Armed Forces of Ukraine and the Navy of Ukraine;
- the operative headquarters, the headquarters of military formations, groups of the Armed Forces of Ukraine, and other military formations established according to the laws of Ukraine.
The military command shall exercise its authority both directly, and through representatives of the military command, such as commanders of military units, elements, heads of military institutions and organisations.
Section II. PROCEDURE OF THE IMPLEMENTATION AND REPEAL OF THE MARTIAL LAW
Article 5. Procedure of the Implementation of the Martial Law
The martial law in Ukraine or certain areas of Ukraine shall be instituted by a Decree of the President of Ukraine subject to approval by the Supreme Council (Parliament) of Ukraine within two days upon a request of the President of Ukraine.
The Decree of the President of Ukraine instituting the martial law and approved by the Supreme Council (Parliament) of Ukraine shall be forthwith announced via the mass media.
The proposals to institute the martial law in Ukraine or in certain areas of Ukraine shall be submitted to the President by the National Security and Defence Council of Ukraine.
Article 6. Decree of the President of Ukraine Instituting the Martial Law
The Decree of the President of Ukraine instituting the martial law shall contain:
1) the justification of the need for instituting the martial law;
2) boundaries of the area, where the martial law is instituted, the time and the duration of the martial law;
3) the tasks of the military command, the state authorities, and the local self-administration bodies related to instituting and implementing the measures of the legal regime of the martial law;
4) an exhaustive list of constitutional human and citizen's rights and freedoms restricted temporarily due to the implementation of the martial law, as well as the list of temporary restrictions of rights and legal interests of legal entities with the indication of the validity period of such restrictions;
5) other issues arising from this Law.
Article 7. Repeal of the Martial Law
The martial law shall be repealed on the whole territory of Ukraine or in certain areas of Ukraine by a Decree of the President of Ukraine upon proposal of the National Security and Defence Council of Ukraine in case of the elimination of the threat of attack or the menace to the national independence of Ukraine or its territorial integrity; such information shall be announced forthwith via mass media.
The Supreme Council of Ukraine may apply to the President of Ukraine with a proposal to repeal the martial law.
Section III. ACTIVITY OF STATE AUTHORITIES UNDER CIRCUMSTANCES OF THE MARTIAL LAW
Article 8. Exercise of the Authority by State Authorities under Circumstances of the Martial Law
Under circumstances of the martial law, the President of Ukraine, the Supreme Council of Ukraine, state authorities, the military command and its representatives (hereinafter referred to as the military command), the Supreme Council of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, local self-administration bodies, enterprises, institutions and organisations shall exercise the authority vested in them by the Constitution of Ukraine and laws of Ukraine, and ensure the implementation of actions envisaged by this Law.
Article 9. Governance of the Armed Forces of Ukraine and Other Military Formations under Circumstances of the Martial Law
Under circumstances of the Martial Law, the President of Ukraine as a Supreme Commander-in-Chief shall govern the strategic planning of the application of the Armed Forces of Ukraine and other military formations established according to the laws of Ukraine, the introduction and implementation of measures of the legal regime of the martial law via the executive arm - the General Headquarters of the Armed Forces of Ukraine.
In connection with the institution of the martial law, the Ministry of Defence of Ukraine shall act according to the Regulations for the Ministry of Defence of Ukraine to be approved by the President of Ukraine.
Article 10. Inadmissibility of the Termination of the Authority of State Authorities under Circumstances of the Martial Law
During the period of the martial law, the authority of the Supreme Council of Ukraine, the Human Rights Commissioner of the Supreme Council of Ukraine, the Supreme Council of the Autonomous Republic of Crimea, ministries, other central and local executive agencies and local self-administration bodies, as well as courts, bodies of the public prosecutor's office of Ukraine, investigation and inquiry bodies may not be terminated.
Article 11. Activity of the Supreme Council (Parliament) of Ukraine under Circumstances of the Martial Law
In case of the institution of the martial law in Ukraine or certain areas of Ukraine, The Supreme Council of Ukraine shall assemble without convocation within two days and work in the session regime.
The heads of the state authorities and local self-administration bodies, enterprises, institutions and organisations of all ownership forms shall be obliged to assist in the immediate arrival of the people's deputies of Ukraine at the session of the Supreme Council of Ukraine and the exercise of their authority.
In case of the expiry of the period of authority of the Supreme Council of Ukraine during the period of the martial law, the authority of the Supreme Council shall be extended till the date of the first meeting of the first session of the Supreme Council of Ukraine elected after the repeal of the martial law.
The authority of the Supreme Council of Ukraine envisaged by the Constitution of Ukraine may not be limited during the period of the martial law.
Article 12. Specifics of the Validity of Regulations under Circumstances of the Martial Law
Acts and regulations of the Supreme Council of the Autonomous Republic of Crimea, decisions of the Council of Ministers of the Autonomous Republic of Crimea, decisions of local executive and self- administration bodies related to the human and citizen's rights and freedoms restricted in connection with the martial law shall not apply temporarily.
Article 13. Activity of the Military Command under Circumstances of the Martial Law
In Ukraine or certain areas of Ukraine, where the martial law is instituted, the governance in the field of defence and maintaining the public order and security, in the field of the implementation of actions provided for by Article 15 hereof shall be exercised by the relevant military command in close co-operation with executive bodies, the Council of Ministers of the Autonomous Republic of Crimea and local self-administration bodies.
In areas of military operations, the legal regime of the martial law shall be instituted and implemented directly by the military command.
During the period of the martial law, the military command shall take all measures to defend the security of the population and the interests of the state, and bear the responsibility for the implementation of these measures in a given area.
Article 14. Legal Acts under Circumstances of the Martial Law
The bodies enumerated in Article 10 hereof, and the military command shall be entitled to issue, within their competence, binding and joint decisions, instructions, orders and directives on the institution and implementation of measures of the legal regime of the martial law.
Section IV. MEASURES OF THE LEGAL REGIME OF THE MARTIAL LAW IMPLEMENTED UNDER CIRCUMSTANCES OF THE MARTIAL LAW
Article 15. Contents of Measures of the Legal Regime of the Martial Law
In Ukraine or certain areas of Ukraine, where the martial law is instituted, the military command shall be vested with the right to take and implement the following actions of the legal regime of the martial law together with executive bodies, the Council of Ministers of the Autonomous Republic of Crimea, and the local self- administration bodies or, if impossible, independently:
1) to institute the compulsory labour service for the able-bodied population, which is not engaged in the defence sphere and the provision of vital services to the population and not attached to enterprises, institutions, and organisations for the period of mobilisation and time of war, in order to carry out the work of the defence nature and liquidate the consequences of acts of God, accidents, disasters, epidemic, epizootic, other extraordinary situations, which arose during the period of the martial law;
2) to use the facilities and labour resources of enterprises, institutions and organisations of all ownership forms for the needs of defence, to change the regime of their work, to undertake other changes in the production activities, as well as the labour conditions according to the labour legislation;
3) to withdraw for the temporary use the property of ministries, other central and local executive bodies, territorial communities, enterprises, institutions and organisations of all ownership forms and citizens, which is required for the defence, also in accordance with the Regulations for the Military Transport Service: transport vehicles, facilities, machinery, mechanisms, equipment, and other objects related to the maintenance of the transport facilities, and to issue appropriate documents according to the established format;
4) to guard the important objects of the national economy of Ukraine, which are vital for the population;
5) to impose the curfew (the prohibition to stay on streets and in other public places without specific authorisations and certificates during certain time of the day), and the special black- out regime;
6) to impose the special regime of entry and departure, to restrict the freedom of travel of citizens, aliens and stateless persons, as well as the transport traffic;
7) to check documents of citizens and, if necessary, to inspect belongings, transport vehicles, luggage and cargo, service rooms and housing of citizens, except for limitations set by the Constitution of Ukraine ( 254k/96-VR );
8) according to the procedure prescribed by the Constitution and laws of Ukraine, to raise the issue of the prohibition of activities of political parties and public organisations, if they endanger the sovereignty, the national security, the national independence, territorial integrity of Ukraine, and the life of individuals;
9) to control the operation of communication enterprises, printing enterprises, publishing houses, television and radio broadcasters, theatres, concert and entertainment enterprises, institutions and organisations, to use local radio stations, television centres and printing works for the needs of military and the performance of the explanatory work among troops and population; to regulate the operation of civil television and radio centres, to prohibit the operation of the individual and collective amateur receivers and transmitters, and the transmission of the information via computer networks;
10) in case of the violation of requirements or the failure to comply with the measures of the legal regime of the military law, to seize the radio transmitters, the television, video and audio equipment, computers and, if necessary, other telecommunication facilities from enterprises, institutions and organisations of all ownership forms, and individual citizens;
11) to prohibit the trade in arms, drastic chemical and poisonous substances, as well as alcoholic drinks and substances manufactured on an alcohol basis;
12) to confiscate firearms and ammunition, the cold steel from citizens, as well as the training and combat equipment, explosive and radioactive substances and materials, drastic chemical and poisonous substances from enterprises, institutions, and organisations;
13) to prohibit conscripts and persons liable for military service from changing the place of residence without notifying the military command;
14) to impose the military quartering obligation upon individuals and legal entities in respect of accommodating servicemen, military units, formations and institutions;
15) to establish the procedure of the use of shelters, structures and other facilities for the protection of the population and for satisfying the defence needs;
16) to evacuate the population from hazardous places and areas, as well as enterprises, institutions, organisations and tangibles being of great importance to the state, economy and culture;
17) to impose, if necessary, the rationing of major foods and non-food articles, and medicines to the population;
18) to dismiss managers of state-owned enterprises, institutions, and organisations for their inappropriate performance of duties, to appoint acting managers of the said enterprises, institutions, and organisations.
The procedure of the restriction of the human and citizen's rights and freedoms, and rights and legitimate interests of legal entities under circumstances of the martial law shall be specified by laws of Ukraine.
Article 16. Support to Activities of the Military Command
State Authorities of Ukraine, the Supreme Council of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, and local self-administration bodies, enterprises, institutions, organisations, public associations, and individuals shall assist the military command in instituting and implementing the measures of the legal regime of the martial law in relevant areas.
Article 17. Engagement of Military Formations in Implementing Measures of the Legal Regime of the Martial Law
Upon decision of the National Security and Defence Council of Ukraine enforced according to the established procedure by a Decree of the President of Ukraine, the Border Forces of Ukraine and other military formations established in accordance with laws of Ukraine shall be engaged in solving the tasks related to instituting and implementing the measures of the legal regime of the martial law according to their purpose and specific features.
Article 18. Co-operation of the Military Command with State Authorities under Circumstances of Martial Law
Under circumstances of the martial law, the military command shall perform its tasks in close co-operation with the Security Service of Ukraine, other military formations established according to the laws of Ukraine, and the bodies of the interior, and may accept by way of subordination or operative subordination other military formations or their groups, military units, institutions and organisations.
The procedure of the co-operation of the military command with ministries, other central executive agencies aimed at ensuring the compliance with the legal regime of the martial law, the safety of individuals and the defence of interests of the state, as well as the subordination or operative subordination of other military formations or their groups established according to the laws of Ukraine, military units, institutions and organisations to the military command shall be specified by the Commander-in-Chief of the Armed Forces of Ukraine.
Section V. GUARANTEES OF RIGHTS AND FREEDOMS OF CITIZENS, AND RIGHTS AND LEGITIMATE INTERESTS OF LEGAL ENTITIES UNDER CIRCUMSTANCES OF THE MARTIAL LAW
Article 19. Guarantees of the Law under Circumstances of the Martial Law
During the period of the martial law, it shall be prohibited:
- to change the Constitution of Ukraine;
- to change the Constitution of the Autonomous Republic of Crimea;
- to hold elections of the President of Ukraine, to the Supreme Council of Ukraine, the Supreme Council of the Autonomous Republic of Crimea, and the local self-administration bodies;
- to hold national and local referenda;
- to strike.
Article 20. Legal Status and Restriction of Rights and Freedoms of Citizens, and Rights and Legitimate Interests of Legal Entities under Circumstances of the Martial Law
The legal status and the restriction of the rights and freedoms of citizens, and rights and legitimate interests of legal entities under circumstances of the martial law shall be determined in accordance with the Constitution of Ukraine ( 254k/96-VR ), this Law and other laws of Ukraine.
Under circumstances of the martial law, the human and citizen's rights and freedoms enumerated in part two of Article 64 of the Constitution of Ukraine may not be restricted.
Article 21. Legal Status of Aliens, Stateless Persons and Legal Entities of Foreign States under Circumstances of the Martial Law
The legal status of aliens, stateless persons, legal entities of foreign states sojourning on the territory of Ukraine during the period of the martial law shall be determined by the Constitution and laws of Ukraine, international treaties of Ukraine approved as binding by the Supreme Council of Ukraine.
Article 22. Inadmissibility of the Use of the Legal Regime of the Martial Law for the Seizure of Power and Violation of Rights and Freedoms of Citizens, and Rights and Legitimate Interests of Legal Entities
The institution of the martial law may not constitute the basis for tortures, brutal or humiliating treatment or punishment. Any attempts to use the implementation of the martial law for the seizure of power shall be punishable by law.
Article 23. Reimbursement for Losses Caused during Implementation of the Martial Law
The forced alienation of objects of the private property of legal entities and individuals in connection with the institution and implementation of measures of the legal regime of the martial law shall be subject to the subsequent full reimbursement for the cost of such objects according to the procedure specified by law.
Article 24. Information for the UN Secretary General and States
According to the International Pact on Human and Political Rights, Ukraine, in case of instituting the martial law, shall forthwith notify other states being parties to this pact of the restriction of human and citizens rights and freedoms, being at variance with obligations under the International Pact, and of the extent of such variance and reasons for the decision to do so via the UN Secretary General.
The notice shall also contain the date of the expiry of the relevant variance from obligations under the International Pact on Human and Political Rights.
Ukraine shall notify the UN Secretary General of changes to the extent of the variance from obligations under the International Pact on Human and Political Rights or the duration of the restriction of rights and duties, and reasons for the decision to do so according to the procedure specified by parts one and two of this article.
Section VI. LIABILITY FOR THE VIOLATION OF REQUIREMENTS OF THE FAILURE TO PERFORM MEASURES OF THE LEGAL REGIME OF THE MARTIAL LAW
Article 25. Liability for the Violation of the Legal Regime of the Martial Law
Persons guilty of violating the requirements or failing to comply the measures of the legal regime of the martial law shall be made answerable under law.
Article 26. Administration of Justice under Circumstances of the Martial Law
The administration of justice in the area, where the martial law is instituted, shall be exercised solely by courts of law. In such areas, the courts created in accordance with the Constitution of Ukraine ( 254k/96-VR ) shall act. The establishment of extraordinary and special courts shall be prohibited.
The curtailment or acceleration of any forms of the legal procedure shall be prohibited.
Article 27. Control of Activities of Executive Authorities
The control over activities of the executive authorities under circumstances of the martial law shall be exercised by the National Security and Defence Council of Ukraine.
Article 28. Supervision over the Compliance with Law under Circumstances of the Martial Law
The supervision over the compliance with laws of Ukraine under circumstances of the martial law shall be exercised in accordance with the Constitution and laws of Ukraine.
Section VII. FINAL PROVISIONS
1. This Law shall become effective from the date of its publication.
2. The Cabinet of Ministers of Ukraine:
- shall develop proposals on changes in legislative acts arising from this Law and submit them for consideration to the Supreme Council of Ukraine within six months;
- shall bring its decisions in compliance with this Law;
- to cause ministries, other central and local executive bodies to bring their regulations in compliance with this Law.
L. Kuchma, President of Ukraine
City of Kyiv,
06 April 2000
N 1647-III