25 Nov in the Kerch Strait for violation of the state border of the FSB with weapons detained three Ukrainian vessel with 23 sailors, several of whom were injured. Ukraine led the army in full combat readiness. The national security Council of Ukraine has decided to impose martial law in the country for 60 days. Today Poroshenko signed the corresponding decree. What will this mean in practice?
Martial law, under the Law of Ukraine “On legal regime of martial law” — a special legal regime, which is administered in the event of armed aggression against Ukraine or attack, danger to the independence and territorial integrity of the state.
The legal implications of the imposition of martial law can be divided into obligatory (unavoidable) and possible.
That will be exactly
Elections are prohibited. All presidential, parliamentary and local. For the whole period of martial law. If the term of office of the President and the Parliament will end in martial law, they will still continue these powers to perform. Thus, both the President and MPs are guaranteed to remain in power until then unless canceled martial law, and then appointed and held new elections.
In fact it changes nothing, if martial law really will last only 60 days. And much changes, if the position of the President with deputies decide to extend indefinitely. Recall that the next presidential elections in Ukraine scheduled for may 2019.
In addition, during martial law it will be impossible to dismiss the Verkhovna Rada of Ukraine on human rights, to terminate the powers of courts, bodies of Prosecutor’s office, interior Ministry and counter-intelligence, and to amend the Constitution of Ukraine.
Also during the martial law prohibited the holding of all-Ukrainian and local referenda, strikes, mass meetings and campaigns.
What could be
The law defines the following measures of the legal regime of martial law, does not require their introduction. According to the wording of the law, the authorities only “may” enact such measures. So let’s call them “possible”.
So, the government can:
- forced to dispose of assets of any form of ownership;
- use enterprises of any form of ownership for defense purposes;
- to install the housing service for the citizens and legal persons, who will, if necessary, to get the military;
- to establish labor conscription of citizens for defense purposes;
- interned (forced to settle) citizens of a foreign state that is threatening to assault or aggression against Ukraine;
- to introduce a special regime of entry and exit, to restrict the movement of citizens, foreigners and persons without citizenship;
- to introduce a curfew;
- to limit the movement of vehicles, to check documents, if necessary — to inspect things, vehicles, goods, office space and housing.
- enter the heavy guard of objects;
- to prohibit a change of address for military service without the permission of the military Commissar of the division or SBU, intelligence;
- to carry out the evacuation of the population;
- evacuation of detainees and convicts
- to introduce regulations to provide the population with foodstuffs;
- prohibit the trade in arms, toxic or potent substances, and alcohol;
- establish a special regime in the production and sale of narcotic medical;
- to ban political forces and parties, public associations, if their activities are aimed at “the elimination of independence of Ukraine, changing the constitutional order by force”;
- to prohibit peaceful assemblies, rallies, marches and demonstrations, other mass events;
- to regulate the work of printing enterprises, publishing houses, radio and television, the media, cultural institutions, etc., which can be used by the military to conduct explanatory work among the population;
- in case of violation of the requirements of martial law to seize telecommunications equipment, television, video and audio equipment, computers and other technical means of communication;
- to remove from office the heads of enterprises, organizations of the non-fulfillment of norms of the law on the military situation.
What to expect the citizens of Russia
First and foremost precarious point of the law, suggesting the possibility of internment (forced placement) citizens of a foreign state, “which is threatening to assault or aggression against Ukraine.” Since in this case the role of the state was Russia, theoretically Russian citizens living in Ukraine, can expel beyond.
Russians, along with Ukrainians, may relate to the measures on disposal of property, inspections and physical inspections, restriction of movement, confiscation of computers.
Yet at a meeting of the national security Council of Ukraine on 25 November announced about the possibilities of prohibition of entry to certain categories of Russians. It will be for the category – not specified.