Law on martial law in Ukraine published in parliament newspaper

Law on martial law in Ukraine published in parliament newspaper

Ukrinform
Presidential decree No. 393/2018 of November 26, 2018 "On the Introduction of Martial Law in Ukraine" has been published in the Ukrainian parliament's Holos Ukrainy newspaper.

The decree states that martial law in Ukraine was introduced from 14.00 on November 26, 2018, for a period of 30 days until 14.00 on December 26, 2018.

"The military command (the General Staff of the Armed Forces of Ukraine, the command of branches of the Armed Forces of Ukraine, the directorate of operational commands, the commanders of military formations, units of the Armed Forces of Ukraine, the State Border Guard Service of Ukraine, the State Special Transport Service, the State Service for Special Communications and Information Protection Ukraine, the National Guard of Ukraine, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the State Guard Department of Ukraine), together with the Ministry of Internal Affairs of Ukraine, other executive government agencies, local government agencies should introduce and implement measures and powers that are stipulated by the law 'On the Legal Status of Martial Law' and that are needed to ensure the defense of Ukraine, security of the population and interests of the state," the document says.

The decree also states that in connection with the introduction of martial law in Ukraine, constitutional human rights and freedoms stipulated by Articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine may be temporarily limited, for the period of the legal regime of martial law. Temporary restrictions on the rights and legitimate interests of legal entities may be imposed to the extent needed to ensure the possibility of introducing and implementing measures of the legal regime of martial law provided for in Part 1 of Article 8 of the law of Ukraine "On the Legal Status of Martial Law."

According to the decree, the Cabinet of Ministers of Ukraine was instructed to enact a plan for the introduction and provision of measures for the legal regime of martial law in Ukraine and ensure the supply to the Ukrainian Armed Forces and other military formations of material and technical resources and property and provide services and ensure their financing in the amount necessary for the effective fulfillment of tasks imposed on them in a special period.

The State Emergency Service of Ukraine, together with regional state administrations, other state bodies, institutions, enterprises, organizations of all forms of ownership, should bring into the state of readiness to perform tasks during a special period with the introduction of the degree "full readiness" the defined objects of a single state civil protection system, its functional and territorial subsystems.

The regional and Kyiv city state administrations, local self-government bodies should establish defense councils and provide assistance to the military command in introducing and implementing measures of the legal regime of martial law.

The Ukrainian Foreign Ministry was tasked with ensuring, in accordance with the established procedure, the provision of information to the UN Secretary-General and officials of foreign states about the introduction of martial law in Ukraine, the restriction of human rights and freedoms, which is a deviation from the obligations under the International Covenant on Civil and Political Rights, and about the limit of these deviations and the reasons for making such a decision.

The decree comes into force simultaneously with the law of Ukraine on the approval of the presidential decree on the introduction of martial law in Ukraine. 

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