of April 6, 2000 No. 1647-III
About legal regime of warlike situation
This Law determines content of legal regime of warlike situation (procedure for its introduction and cancellation, the legal basis of activities of public authorities, military command, local government bodies, companies, organizations and organizations in the conditions of warlike situation, guarantee of rights and freedoms of man and citizen and 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 warlike situation.
The warlike situation is particular legal regime that is entered in Ukraine or in its certain areas in case of the armed aggression or threat of attack, danger of the state independence of Ukraine, its territorial integrity and restriction 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 provides to relevant organs of the government, military command and local government bodies of the powers necessary for prevention of threat and ensuring national security, and also temporary, caused by threat.
The purpose of introduction of warlike situation is creation of conditions for implementation by public authorities, military command, local government bodies, the companies, organizations and the organizations of the powers conferred to them in case of the armed aggression or threat of attack, danger of the state independence of Ukraine, its territorial integrity.
The legal basis of introduction of warlike situation is the Constitution of Ukraine, this Law, other laws of Ukraine and the Presidential decree of Ukraine about introduction of warlike situation in Ukraine or in its certain areas, approved by the Verkhovna Rada of Ukraine.
Military command which by this Law is granted the right together with executive bodies, Council of Ministers of the Autonomous Republic of Crimea and local government bodies to enter and perform measures of legal regime of warlike situation, is:
General Staff of the Armed Forces of Ukraine;
command of types of the Armed Forces of Ukraine;
the joint operational command, management of operational commands, territorial administrations, command of military connections, parts of the Armed Forces of Ukraine and other military forming formed according to the laws of Ukraine.
The warlike situation 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.
The presidential decree of Ukraine about introduction of warlike situation approved by the Verkhovna Rada of Ukraine immediately appears through mass media.
Offers on introduction of warlike situation in Ukraine or in its certain areas to the President of Ukraine are represented by the National Security and Defense Council of Ukraine.
In the Presidential decree of Ukraine about introduction of warlike situation are specified:
1) reasons for need of introduction of warlike situation;
2) borders of the territory on which martial law, time of introduction and term for which it is entered is imposed;
3) tasks of military command, public authorities and local government bodies on introduction and implementation of measures of legal regime of warlike situation;
4) the exhaustive list of constitutional rights and freedoms of man and citizen which are temporarily limited in connection with introduction of warlike situation, 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) other questions following from this Law.
The warlike situation in all territory of Ukraine or in its certain areas is cancelled by the Presidential decree of Ukraine according to the offer of the National Security and Defense Council of Ukraine in case of elimination of threat of attack or danger of the state independence of Ukraine, its territorial integrity about what immediately appears through mass media.
With the offer on cancellation of warlike situation the Verkhovna Rada of Ukraine can address the President of Ukraine.
In the conditions of warlike situation the President of Ukraine, the Verkhovna Rada of Ukraine, public authorities, military command and the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, local government bodies, the companies, organizations and the organizations perform the powers conferred to them by the Constitution of Ukraine and the laws of Ukraine and provide accomplishment of the measures provided by this Law.
The president of Ukraine as the Supreme Commander of the Armed Forces of Ukraine in the conditions of warlike situation performs management of strategic planning of application of the Armed Forces of Ukraine and other military forming formed according to the laws of Ukraine, introduction and implementation of measures of legal regime of warlike situation through working body the Rate of the Supreme Commander - the General Staff of the Armed Forces of Ukraine.
The Ministry of Defence of Ukraine in connection with introduction of warlike situation is effective according to Regulations on the Ministry of Defence of Ukraine which affirm the President of Ukraine.
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The document ceased to be valid since June 11, 2015 according to article 28 of the Law of Ukraine of May 12, 2015 No. 389-VIII