Martial Law in Ukraine

In accordance with Presidential Decree No. 393 of November 26, 2018 “On the Imposition of Martial Law in Ukraine”, approved by the Law of Ukraine, martial law was introduced in 10 regions of Ukraine, as well as in the internal waters of Ukraine in the Azov-Kerch water area.

Features of border control in martial law

Along with the strengthening of the state border and its regime at the checkpoints and control points of entry and exit, there is enhanced control over the movement of persons.

If there are legal grounds and if citizens cannot clearly explain the purpose of their trip to Ukraine, do not have the proper documents for the right to cross the border or have exceeded their stay in our country, etc., foreigners and stateless persons are prohibited from entering Ukraine in accordance with legislation.

Cross-border will pass: persons who have a diplomatic status in Ukraine, serving as a vehicle attendant, as well as arriving in Ukraine with documents confirming their permanent or temporary residence in Ukraine, which can clearly confirm the purpose of their trip or their trip is of a humanitarian nature (death or serious illness of close relatives, treatment, training, invitation to participate in certain projects or competitions, etc.). This will apply to such citizens in the absence of an earlier ban on entry into Ukraine.

Russian citizens enter Ukraine with a foreign, diplomatic or service passport.

In the case of returning a foreign citizen, the Ukrainian border guards draw up refusal cards with a clear legislative explanation given to the person, and the Russian side does not provide any documents about returning.

The State Border Service advises Ukrainians to refrain from travelling to the Russian Federation whenever possible, as they may receive unreasonable refusals.

The State Border Service of Ukraine also notes that during the period of martial law, the admission of persons to Crimea Crimean Administration across the administrative border is carried out only according to Ukrainian documents. At the same time, representatives of foreign media, human rights organizations, humanitarian missions, etc., can make an exception if they have the necessary documents and received special permits issued by the SMS. In each case, exceptional decisions will be taken directly at the entry and exit checkpoints. At the same time, those foreign citizens who legally went to the occupied peninsula before that will be able to return without hindrance.

It was noted that in the area of the environmental protection, by the decision of the commander of the United Forces, a special regime for crossing the collision line was established the existence of foreigners and stateless people to the temporarily occupied territory of Ukraine was restricted. Representatives of the official observation missions of the United Nations, the OSCE and the Red Cross will have the right to cross the collision line. With Regards to the rest of foreign citizens, the decision to pass to the temporarily occupied territory of Ukraine will be made if there are relevant documents on permanent residence in the occupied territory or the need to cross the collision line with a humanitarian goal.
State Border Service assured that there are no restrictions on the citizens of Ukraine.

The imposition of martial law should not affect business

The Ministry of Economic Development reports that Decrees of the President “Concerning emergency measures to ensure state sovereignty and independence of Ukraine and the imposition of martial law in Ukraine” and “On the imposition of martial law in Ukraine” do not currently impose restrictions on economic activities throughout Ukraine.

Business entities and citizens can carry out economic operations in the usual mode.

The ministry noted that they would promptly report any changes to the mode of economic and foreign economic activity.

Justice in Martial Law

The content of the legal regime of martial law, the procedure for its introduction and cancellation, the legal principles of the activities of state bodies, military command, military administrations, local authorities, enterprises, institutions and organizations in martial law conditions, guarantees of human and civil rights and freedoms and legal rights interests of legal entities are determined by the Law “On the legal regime of martial law“.

Article 26 of the Law settles issues of justice in martial law.

Thus, justice in Vinnytsia, Luhansk, Mykolaiv, Odessa, Sumy, Kharkiv, Chernihiv, and also Donetsk, Zaporizhia, Kherson regions (where martial law is imposed) is and will be exercised only by the courts. In this territory, there are courts established in accordance with the Constitution of Ukraine. Creation of extraordinary and special courts is not allowed.

Reduction or acceleration of any form of legal proceedings is prohibited.

If it is impossible to administer justice by the courts that operate in the territory where martial law is imposed, the territorial jurisdiction of court cases considered in these courts can be changed by the laws of Ukraine, or the location of the courts can be changed in the manner prescribed by law.

The National Bank will take additional measures if necessary, under martial law

During the period of martial law imposed for a period of 30 days in 10 regions of Ukraine, the banking system will continue to operate normally.

The norm on ensuring the reliability and stability of the banking system in a state of martial law is contained in the Resolution of the NBU Board dated November 28, 2018 No. 132 “On the features of the functioning of the banking system of Ukraine in a special period.

The National Bank noted that, if necessary, it will make separate decisions on the procedure, scope and timing of the introduction of additional measures that will cause the functioning of the banking system of Ukraine in martial law.

The resolution provides a list of regulatory and legal acts of the NBU on the functioning of the banking system of Ukraine in a special period.

The need, order, scope and timing for the implementation of measures stipulated by the NBU documents on the functioning of the banking system of Ukraine in a special period are determined by individual decisions of the regulator.

The document was adopted in connection with the adoption by the Parliament of the Law “On the approval of the Decree of the President of Ukraine” On the introduction of martial law in Ukraine. ” The Resolution entered into force on November 29, 2018.

What rights cannot be restricted under martial law?

Martial law implies restricting the constitutional rights and freedoms of a person and a citizen, provided for in Articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine, but the President noted that they would restrict the rights of citizens only in the case of Russian military aggression.

At the same time, the rights and freedoms provided for in Articles 24, 25, 27, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62, 63 of the Constitution may not be restricted Ukraine, namely:

– there can be no restrictions on grounds of race, color, political, religious and other beliefs, gender, ethnic and social origin, property status, residence, language or other characteristics;

– citizens of Ukraine cannot be deprived of citizenship and the right to change citizenship, cannot be expelled from Ukraine or extradited to another state;

– the right to life, the right to dignity, the right to liberty and security of person;

– the right to send individual or collective written appeals or to personally contact the bodies of state power and local self-government;

– the right to housing;

– the right to marriage and equal rights and obligations in marriage and family;

– equality of children in their rights regardless of their origin, as well as on whether they were born in or out of marriage;

– to protect the rights and freedoms in court and the right to apply for the protection of their rights to the Ombudsman;

– for compensation at the expense of the state or local authorities of material and moral damage caused by illegal decisions of state authorities;

– the right to know your rights and obligations;

– the rule of irreversibility of the law in time;

– the right to professional legal assistance;

– the right not to comply with clearly criminal orders or orders;

– the rule about the impossibility to be brought twice to the legal responsibility of the same type for the same offence;

– presumption of innocence;

– the right to protection and refusal to give testimony or explanations regarding themselves, family members or close relatives.

In addition, the Law on the Legal Regime of Martial Law guarantees compliance with standards such as minimum wage, minimum leave and rest time between shifts for the time of attracting citizens to perform labour service and reimbursement of property value in the event of its expropriation.
The information presented in this review is not a professional opinion and cannot be considered a legal opinion on an issue. This review presents selected news of Ukrainian legislation.