Poroshenko Submits Bill to Rada Outlining the Rules of Engagement for Martial Law

by The Daily Lede

It looks as though Poroshenko is making the final steps toward the implementation of Martial Law in east Ukraine.  The translated Bill which was submitted to the Rada for final reading and approval is posted in full underneath the graphic and comes as a downloadable RTF file at http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=54650

Project
Submitted by the President of Ukraine
With LAW LAW OF UKRAINE

On legal regime of martial law
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This law defines the content of the legal regime of martial law, order entry and its cancellation, the legal principles of public authorities, military commanders, military administrations, local authorities, enterprises, institutions and organizations under martial law, guarantees the rights and freedoms of man and citizen, and rights and legitimate interests of legal persons.

Article 1. Definition of martial law

1. Martial law – a special legal regime introduced in Ukraine or in its particular areas in case of aggression or threat of aggression, danger to the state independence of Ukraine, its territorial integrity and provides relevant public authorities, military commanders, military administrations and bodies local government powers necessary to address the threat, repel military aggression and national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as temporary, caused by threat, restriction of constitutional rights and freedoms of citizens and the rights and legitimate interests of legal entities .

Article 2. The legal basis for the introduction of martial law

1. The legal basis for the introduction of martial law is the Constitution of Ukraine, this Law and the decree of the President of Ukraine on the introduction of martial law in Ukraine or in its particular areas adopted by the Verkhovna Rada of Ukraine.

Article 3. The military command

1. Military Command, which under this Act shall be entitled, together with the executive power, the military administration, the Council of Ministers of the Autonomous Republic of Crimea and local authorities to introduce and implement measures martial law conditions are:
General Staff of the Armed Forces of Ukraine, Command of the Armed Forces of Ukraine, managing operational commands, command of military units and units of the Armed Forces of Ukraine;
governments and other established under the laws of Ukraine’s military forces.

Article 4. Military Administration

1. In areas where martial law is imposed, for the Constitution and laws of Ukraine, providing military commanders with the introduction and implementation of measures martial law conditions, defense, public order and safety, protection of rights, freedoms and legitimate interests can be formed Interim government agencies – the military administration.
2. The decision to organize military administrations adopted by the President of Ukraine on the submission of regional state administrations or military command.
3. Military Administration settlements formed in one or more settlements (villages, towns, cities), in which village, town and city councils and / or do not exercise executive powers vested in them by the Constitution and laws of Ukraine authority, including as a result of actual dissolution or withdrawal from his office, or actual failure.
Military Administration settlement headed by a chief who is appointed and dismissed by the President of Ukraine on the proposal of the General Staff of the Armed Forces of Ukraine or the relevant regional state administration.
The structure and staff list of military administration approves settlements Chief of General Staff – Chief of the Armed Forces of Ukraine on the proposal nachlanyka appropriate military administration.
4. The area area military administration formed when nesklykannya session under the district and regional councils in the Law of Ukraine “On Local Self-Government in Ukraine” terms, or the exercise of leadership in the field of defense, public order and security. If the decision on the formation of local, regional military administrations acquire their status in accordance municipalities, regional administrations and heads of district and regional state administrations acquire the status of the head of the military administration.
5. Military Administration settlements are formed from military military formations established under the laws of Ukraine, privates and officers of law enforcement officers who are sent to them in the legislation for tasks in the interest of national defense and security of leaving the military, service in law enforcement without de-listing of personnel and workers who have entered into with the General Staff of the Armed Forces of Ukraine employment.
In case of acquisition of district, regional state administration status under the district and regional military administration in the civil service of the administration can be replaced by military military formations established under the laws of Ukraine, people enlisted and officers of law enforcement officers who are sent to them in the legislation for tasks in the interest of national defense and security of leaving the military, law enforcement service without de-listing of personnel.
The list of positions in the military administration of the settlements to be filled by military military formations persons enlisted and officers of law enforcement and the list of posts which may be substituted with military military formations persons enlisted and officers of law enforcement agencies in the local, regional military administration approved President of Ukraine on the proposal of the General Staff – Chief of the Armed Forces of Ukraine.
6. Financing of military administration to implement the powers of local self-government at the expense of local budgets, other functions – from the State Budget of Ukraine.
7. Referrals, coordinating and controlling the activities of the regional military administrations on defense, public order and security, taking measures martial law conditions The General Staff of the Armed Forces of Ukraine and other issues – the Cabinet of Ministers of Ukraine within its authority.
Referrals, coordinating and controlling the activities of the military district administrations on defense, public order and security, taking measures martial law conditions The General Staff of the Armed Forces of Ukraine, regional military administration (in the case of education), and other issues – Cabinet Ukraine, regional state administrations within its authority.
General management of the military administrations settlements carry the affiliated district governors and heads of district administrations, military (in the case of education).
Direct supervision of the military administrations carry out their rulers.
8. Military Administration towns and municipalities, regional military administration formed in connection with nesklykannyam session under the district and regional councils in the Law of Ukraine “On Local Self-Government in Ukraine” terms, exercise their powers until the first meeting of the first session the relevant council, elected after the cancellation of martial law. In the case of a district, regional military administrations to implement leadership in the field of defense, public order and security administration such exercise their authority to repeal martial law.

Article 5. The order of martial law

1. Proposals for the introduction of martial law in Ukraine or in certain areas to the President of Ukraine takes the National Security and Defense Council of Ukraine.
2. If the decision on the need for the introduction of martial law in Ukraine or in certain areas of the President of Ukraine issued a decree on the introduction of martial law in Ukraine or in certain areas and immediately turns to the Verkhovna Rada of Ukraine for its approval and submit a draft law simultaneously.
Decree of the President of Ukraine on the introduction of martial law in Ukraine or in certain areas subject to immediate announcement through the media or otherwise disclosed.
3. In the case of a decree of the President of Ukraine on the introduction of martial law in Ukraine or in certain areas of the Verkhovna Rada of Ukraine shall meet within two days without calling and is considering approval of the decree of the President of Ukraine on the introduction of martial law in Ukraine or in its particular areas in manner prescribed by the Constitution of Ukraine and the Verkhovna Rada of Ukraine.
In the case of a decree of the President of Ukraine on the introduction of martial law in Ukraine or in certain areas of the heads of state and local governments, enterprises, institutions and organizations of all forms of ownership are obliged to contribute to immediate arrival of People’s Deputies of Ukraine by the Verkhovna Rada of Ukraine and implementation their powers.
4. Decree of the President of Ukraine on the introduction of martial law in Ukraine or in its particular areas adopted by the Verkhovna Rada of Ukraine promulgated together with the law on the approval of the decree of the President of Ukraine and shall take effect simultaneously with the entry into force of this law.
5. Announcement of war if necessary by the Verkhovna Rada of Ukraine on separate the President of Ukraine.
Article 6. Decree of the President of Ukraine on the introduction of martial law

1. The decree of the President of Ukraine on the introduction of martial law shall include:
1) the rationale for the imposition of martial law;
2) the territory, which introduced martial law, the introduction and the period for which it is administered;
3) The task of the military command, military administrations, public authorities and local governments to introduce and implement measures martial law conditions;
4) an exhaustive list of constitutional rights and freedoms of man and citizen, temporarily restricted due to the introduction of martial law indicating the duration of such limitations and time constraints rights and legitimate interests of companies indicating the duration of such restrictions;
5) other matters arising from this Act.

Article 7. The abolition of martial law

1. Martial law throughout the Ukraine or in certain areas if canceled repel aggression elimination of the threat or threat of attack, danger to the state independence of Ukraine, its territorial integrity.
2. On the proposal to abolish martial law refers to the President of Ukraine Parliament of Ukraine and National Security and Defense Council of Ukraine.
3. Martial law throughout the Ukraine or in its particular areas repealed the decree of the President of Ukraine, who immediately announced through the media after its publication and shall enter into force on the date of its publication.

Article 8. Measures martial law conditions

1. Ukraine or in certain areas where we have introduced martial law, military command, together with the administration (in case of formation) may directly or through executive bodies of the Autonomous Republic of Crimea, local governments implement and exercise within time constraints of constitutional rights and freedoms of man and citizen, and the rights and legitimate interests of legal persons covered by Presidential Decree Ukraine on the introduction of martial law, such measures martial law conditions:
1) to establish enhanced protection of important objects and objects of national economy, providing livelihood, and enter a special mode of operation. The list of objects and objects of national economy, providing livelihood to be heavily guarded under martial law, approved by the Cabinet of Ministers of Ukraine;
2) introduce labor service for able-bodied persons not involved in the work in the defense sector and for the life of the population and not booked by enterprises, institutions and organizations during mobilization and wartime operations in order to meet with defensive character and Emergency Situations industrial, natural and military nature arising during the period of martial law, and their consequences, and to bring them under martial law in socially useful work performed to meet the needs of the Armed Forces of Ukraine and other military units, law enforcement and civilian forces protection of a national economy and livelihood systems and does not require, as a rule, special training people. For workers involved in the implementation of community service at the time such work is stored previous job (position). The order to attract able-bodied persons under martial law to community service and the question of their social protection to meet the requirements of the law by the Cabinet of Ministers of Ukraine;
3) use the facilities and human resources of enterprises, institutions and organizations of all forms of ownership for defense, to stop their work, make other changes to productive activities and conditions in accordance with labor legislation;
4) forced to dispose of property that is privately or communally owned, seize property of state enterprises, state business associations for the purpose of state under martial law conditions as prescribed by law;
5) impose curfew (Prohibition stay at a certain time of day on the streets and in other public places without specially issued permits and certificates), and install special regime blackout;
6) establish a special regime of entry and exit, restrict freedom of movement of citizens, foreigners and stateless persons, and vehicular traffic;
7) check the documents of citizens, and if necessary to inspect things, vehicles, baggage and cargo, and office space of the home, with the exception of restrictions established by the Constitution of Ukraine;
8) prohibit peaceful rallies, meetings, marches and demonstrations and other events;
9) violate the procedure established by the Constitution and laws of Ukraine, banning political parties, public associations, if it is aimed at eliminating the independence of Ukraine, the constitutional order by force, violation of the sovereignty and territorial integrity, undermining its security, illegal seizure of state power, propaganda of war, violence, incitement to ethnic, racial or religious hatred, infringement of human rights and freedoms and public health;
10) establish a prohibition or restriction on the choice of place of stay or residence of citizens in the territory in which it operates martial law;
11) to regulate telecommunications companies, printing companies, publishers, broadcasters teleradiotsentriv, theatrical and entertainment institutions and other enterprises, institutions, organizations and cultural institutions and the media, and use local radio, television and the printing centers for military purposes and conduct explanatory work among troops and population; prohibit job receiving and transmitting radio personal and collective use and transfer of information over computer networks;
12) in case of violation or non-compliance measures martial law conditions exclude enterprises, institutions and organizations of all forms of property and individuals telecommunications equipment, television, video and audio equipment, computers, and if necessary other technical means conn communications;
13) prohibit trade in arms, potent chemicals and toxic substances and alcohol and substances produced alcohol-based;
14) establish a special regime in the production and sale of drugs that have some kind of narcotic drugs, psychotropic substances and precursors, and other potent substances listed by the Cabinet of Ministers of Ukraine;
15) confiscate citizens firearms and ammunition, edged weapons and enterprises, institutions and organizations and academic and military equipment, explosives, radioactive substances and materials, potent chemicals and poisons;

16) prohibit citizens who are on military registration at the Ministry of Defence of Ukraine, the Security Service of Ukraine or the Foreign Intelligence Service of Ukraine, to change their place of residence (location) without the permission of the military commissioner or the head of the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine; restrict alternative (non-military) service;
17) establish for natural and legal persons Apartment duty military cantonment of military servicemen and officers of law enforcement agencies and personnel departments of civil protection, evacuees and placement of units, departments and agencies;
18) establish procedures for the use of storage facilities and other protective structures of civil protection;
19) evacuate the population if there is a threat to his life or health, as well as material and cultural values, if there is a risk of damage or destruction, according to the list approved by the Cabinet of Ministers of Ukraine;
20) establish, if necessary, to ensure the population normalized basic food and non-food items, medicines and medical supplies;
21) to remove the heads of enterprises, institutions and organizations for the improper performance of their duties, to appoint acting heads of these enterprises, institutions and organizations;
22) take additional measures to enhance the protection of state secrets;
23) intern (forcibly settle) foreign nationals who threaten or attack carried out aggression against Ukraine.
2. In areas where military operations are conducted, the introduction and implementation of measures martial law conditions laid directly on the military command and military administration (in the case of education).
3. Establishment and implementation of measures martial law conditions made according to the Cabinet of Ministers of Ukraine approved a typical implementation plan and measures to ensure the legal regime of martial law in Ukraine or in certain areas.

Article 9 Making public authorities and bodies
local government authority in terms of
Martial Law

1. The state of martial law President of Ukraine, the Verkhovna Rada of Ukraine exercise powers under the Constitution of Ukraine within their jurisdiction.
2. The Cabinet of Ministers of Ukraine, other public authorities, military command and military administration, the Verkhovna Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, local governments exercise the powers granted to them by the Constitution of Ukraine, this and other laws of Ukraine.

Article 10. Prohibition of termination of powers
public authorities, other bodies in terms of
Martial Law
1. During the period of martial law can not be terminated powers of the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Verkhovna Rada of Ukraine on Human Rights and the courts, prosecutors Ukraine.

Article 11. The activities of the President of Ukraine in war
condition
1. The President of Ukraine:
1) is managing the introduction and implementation of measures martial law conditions;
2) accept the proposal of the National Security and Defense Council of Ukraine decision to involve the Armed Forces of Ukraine and other military formations and law enforcement agencies to implement measures martial law conditions;
3) exercise under martial law strategic leadership of the Armed Forces of Ukraine and other military formations and law enforcement agencies through the General Staff of the Armed Forces of Ukraine;
4) defines the military services in a particular period.
2. In the event that the term of office of the President of Ukraine during the martial law powers continue his assumption of office to newly elected President of Ukraine, elected after the abolition of war.
3. Powers of the President of Ukraine, under the Constitution of Ukraine, under martial law can not be limited.

Article 12. The activity of the Verkhovna Rada of Ukraine in war
condition

1. Verkhovna Rada of Ukraine if the introduction of martial law in Ukraine or in its particular areas is in session mode.
2. In case of termination of the Verkhovna Rada of Ukraine during the martial law its authority is extended until the first meeting of the first session of the Verkhovna Rada of Ukraine, elected after the cancellation of martial law.
3. The authority of the Verkhovna Rada of Ukraine, under the Constitution of Ukraine, under martial law can not be limited.

Article 13. Features of action of legal acts in terms of
Martial Law

1. Legal acts of the Autonomous Republic of Crimea, the decision of the Autonomous Republic of Crimea, the decision of local authorities and local governments on the rights and freedoms of man and citizen, limited due to the introduction of martial law, temporarily not apply.

Article 14. Powers of the General Staff of the Armed Forces
Ukraine

1. The General Staff of the Armed Forces of Ukraine:
1) is involved in the drafting of a typical implementation plan and ensuring the legal regime of martial law in Ukraine or in certain areas;
2) organize training and administers the Armed Forces of Ukraine, connections, and parts of bodies of other military units and law enforcement agencies in carrying out measures martial law conditions;
3) organize the activities of military administrations Command of the Armed Forces of Ukraine, Operational Commands, Command of military units and units of the Armed Forces of Ukraine on the territory where martial law is imposed;
4) develop and submit for the consideration of the National Security and Defense Council of Ukraine offers to attract other military units and law enforcement agencies to implement measures martial law conditions.

Article 15. Powers of the military administrations

1. Military Administration in its activities by the Constitution of Ukraine, Laws of Ukraine “On Defense of Ukraine”, “On mobilization preparation and mobilization”, this Law and other legal acts. The authority of the military administration made them in the manner specified by the laws of Ukraine for the respective powers of local state administrations and local self-government with the specifications established by this Law.
2. Military Administration settlements in the territory concerned exercise the powers to:
1) the introduction and implementation of measures martial law conditions;
2) ensuring the efficient use of natural, human and financial resources;
3) engaging on a contractual basis enterprises, institutions and organizations regardless of ownership to participate in complex socio-economic development of villages, towns, cities, coordination of work in the relevant territory;
4) placing orders on a contractual basis for production, works (services) necessary for the local community, enterprises, institutions and organizations;
5) preparation and approval of the local budget rectification, enforcement of the relevant budget;
6) establishing rates of local taxes and duties under the Tax Code of Ukraine, if the decision of the Board on these matters is not accepted;
7) making decisions about appropriate legislation to exemptions from local taxes and fees, if relevant council decisions on these matters is not accepted;
8) establishing the procedure and within the limits set by the legislation, tariffs for household utilities (except tariffs established by the National Commission for state regulation in the energy and utilities), transportation and other services;
9) engaging the respective funds of enterprises, institutions and organizations regardless of ownership, located in the territory, population and resources, and budget for construction, expansion, maintenance on an equal footing with the social and industrial infrastructure and the measures to protect the environment;
10) the management of housing and communal services, consumer, trade services, transport and communications, which are owned by the respective local communities, providing them with proper maintenance and effective operation, the required level and quality of public services;
11) for the establishment of enterprises, institutions and organizations that are owned by the respective local communities, the extent of profit, which shall be transferred to the local government;
12) manage the property that is in municipal ownership of the territorial community (except for issues of exclusion, including through privatization of municipal property and municipal property lease for a term exceeding one year);
13) to assist owners of apartments (houses) in their reconstruction in case of damage as a result of the fighting, assassinations, sabotage; organization at its own expense and on an equal footing with the construction, reconstruction and repair of public utilities and social facilities, homes and local roads; perform or delegate competitively general construction company (contractor) as a customer for construction, reconstruction and repair of housing and other objects of social and industrial infrastructure municipal property;
14) the provision under the law urban conditions and restrictions of building land;
15) the management of schools, health care, culture, physical culture and sports, which include territorial communities or transferred them teenage youth facilities in the community; of logistical and financial support;
16) the socio-cultural institutions that are owned by the respective local communities and populations fuel, electricity, gas and other energy sources; issues of water supply, drainage and wastewater treatment; monitoring the quality of drinking water;
17) issues to provide for local budgets funeral services in connection with the burial of single citizens, war and labor veterans and other categories of needy citizens; assist in the burial of citizens in other cases provided by law;
18) promotion of conscription of citizens for military and alternative (non-military) service, and their mobilization, preparing young people for service in the Armed Forces of Ukraine, the organization of training (control) and special military training; provide proof to the enterprises, institutions and organizations regardless of ownership, and public order of the Commissioner of military mobilization;
19) reservation of jobs for military service enterprises, institutions and organizations in accordance with the law;
20) organizing and participating in activities related to mobilization preparation and civil defense;
21) solution according to the laws of issues related to the provision of military units, institutions, educational institutions Armed Forces of Ukraine office space and living space and other facilities, and municipal services; control over their use, provision of services;
22) promoting production and supply troops in companies and organizations that are owned, ordered products, services and energy;
23) take measures to create appropriate conditions for the checkpoints across the state border of Ukraine;
24) assistance to the State Border Guard Service of Ukraine to support a mode at the state border;
25) establishing enhanced protection of important objects and objects of national economy, providing livelihood;
26) solution according to the law for Land Relations (excluding issues of alienation from the communal ownership of land and provision of land on lease for a term exceeding one year);
27) solution according to the law for granting permission for special use of natural resources of local significance for a period not exceeding one year, and the cancellation of the permit;
28) creation of a law for the local budget institutions providing primary legal aid, appointment and dismissal of the heads of these institutions, involvement in a legal way natural or legal persons of private law to provide free primary legal aid;
29) promotion activities of the court, prosecutors, justice, security, internal affairs, the Bar and the State Penitentiary Service of Ukraine;
30) hearing information prosecutors and heads of internal affairs of state law, the fight against crime, public safety and performance of the relevant territory;
31) cancel acts of the executive authorities of the council who do not comply with the Constitution, laws of Ukraine, other legislative acts, the decision of the Council adopted within its powers;
32) according to the legislation establishing the rules for provision in the settlement of cleanliness and order, trading markets, observance of silence in public, for breach of which provides for administrative liability;
33) adoption within the limits set by law, decisions regarding matters of natural disasters, epidemics, epizootics, for the violation of which provides for administrative liability;
34) the decision to dissolve the bodies of territorial self-organization in cases provided by law;
35) according to the legislation creating municipal rescue service; issues about the number of employees that service, the cost of their maintenance; Development and implementation of measures to logistics activities of municipal emergency services;
36) providing a centralized interim storage of archival documents accumulated in the official documentation, employment or other legal entities and individuals in the territory, and other archival documents not included in the National Archival Fund;
37) issues of collection, transportation, recycling and disposal of waste, disposal and dumping of dead animals;
38) of local markets;
39) a regime of public utilities, trade and public catering, consumer services that are owned by the respective local communities;
40) approval of routes and schedules of local passenger transport traffic regardless of ownership, harmonization of issues relating to transit passenger transport in cases provided by law;
41) to ensure proper maintenance of the cemeteries and other burial sites and their protection;
42) involvement of enterprises, institutions and organizations that do not belong to communal property of respective territorial communities to participate in serving the population means of transport and communication.
Military Administration localities exercise delegated powers of the executive power granted to local authorities by the laws of Ukraine.
3. District, regional military administration carried out in the territory, along with the powers of local state administrations powers to introduce and implement measures martial law conditions and municipalities, regional military administration formed in connection with nesklykannyam session under the district and regional councils of the Law of Ukraine “On Local Self-Government in Ukraine” terms also exercise powers to:
1) preparation and approval in accordance with local, regional budgets, amendments thereto, approval of reports on their implementation; of transferred funds from the state budget in the form of grants, subsidies respectively between county budgets, local budgets of regional centers, villages, towns and cities of regional importance;
2) the management of joint ownership of territorial communities of villages, towns, cities, districts in cities that are managed by district and regional councils (apart from issues of exclusion, including through privatization of such facilities); appointment and dismissal of their leaders;
3) solution in accordance with the law for Land Relations (excluding issues of alienation from the communal ownership of land);