On February 24, 2022, Ukrainian President Volodymyr Zelensky issued Decree No. 64/2022 on the Introduction of Martial Law in the entire territory of Ukraine.
On the same day, the Verkhovna Rada (Ukrainian legislature) approved the presidential decree allowing imposition of the legal regime of martial law for a period of 30 days. (Decree art. 1.)
The presidential decree said that the decision had been proposed by the Council of National Defense and Security of Ukraine because of the military aggression of the Russian Federation against Ukraine. The decree is in accordance with article 106, paragraph 20 of the Constitution of Ukraine and with the Law of Ukraine on the Legal Regime of Martial Law. (Art. 2.)
According to the decree, the military command, together with the Ministry of Internal Affairs, other national and regional executive authorities, and local self-government bodies, must ensure Ukraine’s defense, public safety, and state interests as prescribed by the Law on the Legal Regime of Martial Law.
The decree requires the Cabinet of Ministers of Ukraine to start implementing measures of the Law on the Legal Regime of Martial Law and provide appropriate funding. (Art. 2.)
The decree mandates the State Emergency Service to work with regional state administrations and other government bodies, institutions, enterprises, and organizations of all forms of ownership on ensuring that the unified state civil protection system is functioning properly. (Art. 2.)
The decree also assigns the Ministry of Foreign Affairs to inform the U.N. Secretary-General and foreign officials of the imposition of martial law in Ukraine; restrictions on human and civil rights and freedoms, which is a deviation from the commitments under the International Covenant on Civil and Political Rights; and the limit of these deviations and the reasons for such a decision. (Art. 7.)
Provisions of the Law
The Law on the Legal Regime of Martial Law, which was passed in 2015, regulates the mechanism of imposing temporary restrictions on the constitutional rights, freedoms, and legitimate interests of individuals and legal entities. (Law on the Legal Regime of Martial Law art. 1(1).) The special legal regime converts civilian authorities into military administrations at all levels of government. These military administrations are to include state emergency personnel, representatives of law enforcement agencies, and leaders of military formations located in the territory of the region or district. For military purposes, these administrations are subordinated to the chief of staff of the Ukrainian armed forces; for all other issues they are to follow orders issued by the Cabinet of Ministers. (Art. 4.) The president of Ukraine remains the head of the state and conducts strategic oversight of the armed forces during the period of martial law. (Art. 11.) The legislature cannot be dissolved during the legal regime of martial law. If the term of the Verkhovna Rada expires during the period of martial law, it continues its work until a new legislature is elected after the martial law regime is cancelled. (Art. 12.)
The imposition of military control over the country envisages the call of capable citizens for public works in support of the armed forces, other military formations, law enforcement, and civic protection, if the citizens were not mobilized for defense activities or reserved as essential employees for enterprises. The law allows the government to use the capacities and workforce resources of public and private enterprises for defense needs. A curfew can be ordered, and individuals may be subjected to a “special screening regime.” (Art. 8, paras. 1–6.)
This “screening regime” allows for restricting freedom of movement; conducting stricter ID checks; and inspecting belongings, vehicles, luggage, cargo, and residential and business premises. (Art. 8, paras. 6–10.) During the period of martial law, amending the Constitution, conducting referendums, organizing strikes, and holding public demonstrations and other mass gatherings are prohibited. (Art. 19.) Among other measures, the law gives the government the right to control the media; ban the sale of weapons, alcoholic beverages, and other toxic substances; regulate the production of medicines; and seize radioactive materials. (Art. 8, paras. 11–15.)
The law prohibits male citizens of Ukraine ages 18–60 from leaving their place of permanent residency without the approval of the local military administration. (Art. 8, para. 16.)
On February 23, 2022, before the invocation of martial law, the Ukrainian parliament approved a declaration of a state of emergency in the entire territory of Ukraine, except for the two eastern regions of Donetsk and Luhansk.
The move to declare a state of emergency came after the president of the Russian Federation, Vladimir Putin, signed decrees recognizing the two secessionist regions in eastern Ukraine as independent states.