Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF UKRAINE

of May 12, 2015 No. 389-VIII

About legal regime of warlike situation

(as amended on 06-09-2022)

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 for protection of critical infrastructure 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 is created in borders of the territories of territorial communities in which village, settlement, city councils and/or their executive bodies, and/or rural, settlement, city chairmen do not perform the powers assigned to them by the Constitution and the laws of Ukraine, and also in other cases provided by this Law.

The military authorities of the settlement (settlements) 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 corresponding rural, settlement, city chairman can be appointed the chief of military authorities of the settlement (settlements).

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.

5. Military authorities of settlements is created of the military personnel of the military forming formed according to the laws of Ukraine, faces of the private and the commanding structure of law enforcement agencies, services of civil protection which go to them in the procedure established by the legislation for accomplishment of tasks for the benefit of defense of the state and its safety with leaving on military service, service in law enforcement agencies, bodies and divisions of civil protection without exception of lists of staff, and also the workers who signed the employment contract with regional military authorities (in case of their education) or with the General Staff of the Armed Forces of Ukraine (if in the respective area the regional military authorities is not created).

In case of acquisition of the status by district, regional public administration according to district, regional military authorities of position of government employees in such administrations can be replaced with the military personnel of the military forming formed according to the laws of Ukraine, faces of the private and the commanding structure of law enforcement agencies, services of civil protection which go to them in the procedure established by the legislation for accomplishment of tasks for the benefit of defense of the state and its safety with leaving on military service, service in law enforcement agencies, bodies and divisions of civil protection without exception of lists of staff.

The list of positions and also the list of positions which can be replaced by the military personnel of military forming, faces of the private and the commanding structure of law enforcement agencies in district, regional military authorities affirm the President of Ukraine on representation of the Commander-in-chief of the Armed Forces of Ukraine as military authorities of the settlements which are subject to substitution by the military personnel of military forming, faces of the private and the commanding structure of law enforcement agencies.

6. Financing of activities of military authorities for accomplishment of powers of local government bodies is performed at the expense of means of the corresponding local budgets, accomplishment of other functions - at the expense of means of the Government budget of Ukraine.

7. The direction, coordination and control of activities of regional military authorities concerning ensuring defense, public safety and procedure for protection of critical infrastructure and safety, implementation of measures of legal regime of warlike situation are performed by the General Staff of the Armed Forces of Ukraine, and on other questions - the Cabinet of Ministers of Ukraine within the powers.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.