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LAW OF UKRAINE

of May 12, 2015 No. 389-VIII

About legal regime of warlike situation

(as amended on 16-12-2020)

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, military authorities, 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.

Article 1. Determination of warlike situation

1. The warlike situation is the particular legal regime introduced 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, rights and legitimate interests of legal entities with indication of effective period of these restrictions provides to relevant organs of the government, military command, military authorities and local government bodies of the powers necessary for prevention of threat, repulse of the armed aggression and ensuring national security, elimination of threat of danger of the state independence of Ukraine, its territorial integrity, and also temporary, caused by threat.

Article 2. Legal basis of introduction of warlike situation

1. The legal basis of introduction of warlike situation is the Constitution of Ukraine, this Law 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.

Article 3. Military command

1. Military command which according to this Law is granted the right together with executive bodies, military authorities, Council of Ministers of the Autonomous Republic of Crimea and local government bodies to enter and perform measures of legal regime of warlike situation, are:

General the Armed Forces of Ukraine, the Commander of the integrated forces of the Armed Forces of Ukraine, commanders of types and separate types of military forces (forces) of the Armed Forces of Ukraine, ordering (chiefs) of bodies of military management, commanders of connections, military units of the Armed Forces of Ukraine and others, the military forming formed according to the laws of Ukraine.

The paragraph third is excluded according to the Law of Ukraine of 16.07.2021 No. 1702-IX

2. Military command, within the powers determined by this Law and the Presidential decree of Ukraine on introduction of warlike situation in Ukraine or its certain areas approved by the Verkhovna Rada of Ukraine issues orders and directives, obligatory to execution, concerning ensuring defense, public safety and procedure, implementation of measures of legal regime of warlike situation.

Article 4. Military authorities

1. In the territories in which martial law is imposed for ensuring operation of the Constitution and the laws of Ukraine, providing together with military command of introduction and implementation of measures of legal regime of warlike situation, defense, civil protection, public safety and procedure and safety, protection of the rights, freedoms and legitimate interests of citizens temporary state bodies - military authorities can be formed.

2. The decision on creation of military authorities is made by the President of Ukraine on representation of regional public administrations or military command.

3. Military authorities of settlements are formed in one or several settlements (villages, settlements, the cities) in which village, settlement, city councils and/or their executive bodies do not perform the powers assigned to them by the Constitution and the laws of Ukraine, including as a result of the actual self-dissolution or self-elimination from accomplishment of the powers, or their actual failure to carry out or the termination of their powers according to the law.

The military authorities of the settlement is headed by the chief who is appointed to position and is dismissed by the President of Ukraine according to the offer of the General Staff of the Armed Forces of Ukraine or the relevant regional public administration.

The structure and the staff list of military authorities of settlements are approved by the Commander-in-chief of the Armed Forces of Ukraine on representation of the chief of the relevant military authorities.

4. In the area, the area military authorities are formed in case of not convocation of session according to regional, regional council in the terms established by the Law of Ukraine "About local self-government in Ukraine" or the termination of their powers according to the law or for implementation of management in the field of ensuring defense, public safety and procedure and safety. In case of decision making about creation of district, regional military authorities their status acquire respectively district, regional public administrations, and chairmen of district, regional public administrations acquire the status of chiefs of the relevant military authorities.

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