LAW OF UKRAINE

of March 16, 2000 No. 1550-III

About legal regime of emergency state

This Law determines content of legal regime of emergency state, procedure for its introduction and cancellation, feature of activities of public authorities and local government bodies, companies, organizations and organizations in the conditions of emergency state, observance of rights and freedoms of man and citizen, and also the rights and legitimate interests of legal entities and responsibility for violation of requirements or failure to carry out of measures of legal regime of emergency state.

Section I General provisions

Article 1. Determination of emergency state

Emergency state is particular legal regime which can temporarily be entered in Ukraine or in its certain areas in case of emergency situations of technogenic or natural nature not below nation-wide level, entailed or able to entail human and material losses, creating threat of life and to health of citizens, or in attempt of capture of the government or change of the constitutional system of Ukraine by violence and provides to relevant organs of the government, military command and local government bodies according to this Law of the powers necessary for prevention of threat and safety and health of citizens, normal functioning of national economy, public authorities and local government bodies, protection of the constitutional system, and also allows temporary, caused by threat, restriction in implementation of constitutional rights and freedoms of man and citizen and rights and legitimate interests of legal entities with indication of effective period of these restrictions.

Article 2. Purpose of introduction of emergency state

The purpose of introduction of emergency state is elimination of threat and the fastest liquidation of especially difficult emergency situations of technogenic or natural nature, normalization of situation, recovery of law and order in attempts of capture of the government or change of the constitutional system by violence, recovery of constitutional rights and freedoms of citizens, and also the rights and legitimate interests of legal entities, creation of conditions for normal functioning of public authorities and local government bodies, other institutes of civil society.

Article 3. Legal basis of introduction of emergency state

The legal basis of introduction of emergency state is the Constitution of Ukraine, this Law, other laws of Ukraine and the Presidential decree of Ukraine about introduction of emergency state in Ukraine or in its certain areas, approved by the Verkhovna Rada of Ukraine.

Section II of the Condition and procedure for introduction and cancellation of emergency state

Article 4. Conditions of introduction of emergency state

State of emergency is imposed only in the presence of real safety hazard of citizens or to the constitutional system which elimination in other ways is impossible.

State of emergency can be imposed in case of:

1) emergence of especially difficult emergency situations of technogenic and natural nature (natural disaster, catastrophic crashes, especially major fire, use of weapons of destruction, pandemics, panzootiya, etc.) creating threat of life and to health of considerable segments of the population;

2) implementation of the mass acts of terrorism accompanied with death of people or destruction of especially important critical infrastructure;

3) emergence of the international and mezhkonfessionny conflicts, blocking or capture of separate especially important objects or areas that threatens safety of citizens and breaks normal activities of public authorities and local government bodies;

4) emergence of the mass riots accompanied with violence over citizens, limiting their rights and freedoms;

5) to attempt of capture of the government or change of the constitutional system of Ukraine by violence;

6) mass transition of frontier from the territory of the adjacent states;

7) need of recovery of the constitutional law and order and activities of public authorities.

Article 5. Procedure for introduction of emergency state

Emergency state in Ukraine or in its certain areas is entered by the Presidential decree of Ukraine which is subject to approval by the Verkhovna Rada of Ukraine within two days from the moment of the address of the President of Ukraine.

Before introduction of emergency state on the bases provided by Items 2-7 of part two of article 4 of this Law, the President of Ukraine addresses through media or otherwise groups of persons, the organizations, organizations, being initiators or participants of actions which can be reason for introduction of emergency state, with the requirement to stop the illegal actions during the term established in the address and the warning of possibility of introduction of emergency state.

Under the conditions requiring urgent measures for rescuing of the population or non-admission of death of people, state of emergency can be imposed without the prevention.

Offers on introduction of emergency state in Ukraine or in its certain areas to the President of Ukraine are represented by the National Security and Defense Council of Ukraine. In need of introduction of emergency state on the bases, stipulated in Item 1 parts two of article 4 of this Law, the offer on its introduction are represented by the Cabinet of Ministers of Ukraine.

In the territory of the Autonomous Republic of Crimea or in its certain areas the Verkhovna Rada of the Autonomous Republic of Crimea can initiate introduction of emergency state.

Article 6. The presidential decree of Ukraine about introduction of emergency state

In the Presidential decree of Ukraine about introduction of emergency state are specified:

1) reasons for need of introduction of emergency state according to article 4 of this Law;

2) borders of the territory on which state of emergency is imposed;

3) time from which state of emergency, and the term for which it is entered is imposed;

4) the list and limits of emergency measures, the exhaustive list of constitutional rights and freedoms of man and citizen which are temporarily limited in connection with introduction of emergency state, and also the list of temporary restrictions of the rights and legitimate interests of legal entities with indication of effective period of these restrictions;

5) public authorities, bodies of military command and local government bodies which are entrusted with the implementation of measures of emergency state, and limits of their additional powers;

6) other questions following from this Law.

After signing of the Decree on introduction of emergency state the President of Ukraine addresses the Verkhovna Rada of Ukraine concerning its approval. The address of the President of Ukraine is considered by the Verkhovna Rada of Ukraine in immediate procedure.

The presidential decree of Ukraine about introduction of emergency state approved by the Verkhovna Rada of Ukraine immediately appears through media or otherwise.

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