FEDERAL CONSTITUTIONAL LAW NO. 1-FKZ OF JANUARY 30, 2002
ON MARTIAL LAW
Passed by the State Duma on December 27, 2001
Approved by the Federation Council on January 16, 2002
Chapter I. General Provisions (Articles 1- 4)
Chapter II. Martial Law Regime and Its Enforcement (Articles 5-10)
Chapter III.Powers of the Bodies of State Authority (Articles 11-17)
As Regards the Enforcement of the
Martial Law Regime and Peculiar Features
of Their Functioning In the Period of
the Martial Law
Chapter IV. Legal Status of Citizens and (Articles 18-20)
Organizations In the Period of Martial
Law
Chapter V. Final Provisions (Articles 21-23)
Chapter 1. General Provisions
Article 1. Martial Law
1. Martial law implies a special legal regime introduced on the
territory of the Russian Federation or in some of its areas as is
envisaged under the Constitution of the Russian Federation by the
President of the Russian Federation in the event of aggression against
the Russian Federation or an immediate threat of such aggression.
2. The objective of introduction of martial law is to create
conditions to repel or prevent aggression against the Russian
Federation.
3. The period of martial law shall run from the date and time of
the commencement of martial law to be fixed by a decree of the
President of the Russian Federation on the introduction of martial
law and shall cease as from the date and time of the lifting
(termination) of martial law.
4. During the period of martial law, it is allowed, subject to
this Federal Constitutional Law, to impose restrictions, as far as it may
be required to ensure the defence of the country and security of the
state, on the rights and freedoms of citizens of the Russian Federation,
foreign nationals, stateless persons (hereinafter referred to as
citizens), the activity of organizations regardless of their
organizational form, legal status and forms of ownership and the rights
of their officials. Citizens, organizations and their officials may be
required to perform extra duties.
5. The armed forces of the Russian Federation, other troops,
military formations and agencies charged with the tasks in the sphere of
defence (hereinafter referred to as the Armed Forces of the Russian
Federation, other troops, military formations and agencies) shall be used
to repel or prevent aggression against the Russian Federation as is
provided under the federal laws and other statutory legal acts of the
Russian Federation and also in compliance with the universally adopted
principles and norms of international law and international agreements of
the Russian Federation in the given field.
6. General or partial mobilization, unless it has been declared
earlier, upon the introduction of martial law on the territory of the
Russian Federation or in some of its areas shall be declared in
conformity with the Federal Laws and other statutory legal acts of the
Russian Federation.
Article 2. Legal Basis of Martial Law
The legal basis of martial law is provided by the Constitution
of the Russian Federation, this Federal constitutional law, related
federal laws and other statutory acts of the Russian Federation and also
universally adopted principles and norms of international law and
international agreements of the Russian Federation in the given field.
Article 3. Grounds For the Introduction of Martial Law
1. Under Part 2 of Article 87 of the Constitution of the Russian
Federation, the grounds for the introduction by the President of the
Russian Federation of martial law on the territory of the Russian
Federation or in some of its areas are aggression against the Russian
Federation or an immediate threat of such aggression.
2. For purposes of this Federal constitutional law and with
reference to the universally adopted principles and norms of
international law, aggression against the Russian Federation shall
imply the use of armed force by a foreign state ((a group of states)
against the sovereignty, political independence and territorial integrity
of the Russian Federation or in any other way incompatible with the UN
Charter.
In compliance with the universally adopted principles and norms of
international law, acts of aggression against the Russian Federation,
regardless of whether a war has or has not been declared on the Russian
Federation by a foreign state (group of states) shall include:
1) an invasion of or assault by the armed forces of a foreign state
( a group of states) against the territory of the Russian Federation, any
armed occupation of the territory of the Russian Federation resultant
from such an invasion or assault or any annexation of the territory of
the Russian Federation or part thereof by using armed force;
2) the bombing by the armed forces of a foreign state (a group of
states) of the territory of the Russian Federation or the use of any
weapons by a foreign state (a group of states) against the Russian
Federation;
3) a blockade of ports or coasts of the Russian Federation by the
armed forces of a foreign state (a group of states);
4) an assault by the armed forces of a foreign state (a group of
states) against the armed forces of the Russian Federation or other
troops, regardless of the place of their deployment;
5) actions by a foreign state (group of states) enabling an other
state (group of states) to use its territory to perpetrate an act of
aggression against the Russian Federation;
6) the sending by a foreign state (group of states) or on behalf
of a foreign state (group of states) of armed bands, groups, irregular
forces or mercenaries which are perpetrating acts of use of the armed
force against the Russian Federation tantamount to acts of aggression
specified herein above.
Other acts of use of armed force by a foreign state (group of
states) against the sovereignty, political independence and territorial
integrity of the Russian Federation or in any other way incompatible
with the UN Charter and tantamount to acts of aggression specified herein
above may also be regarded as acts of aggression against the Russian
Federation.
3. For purposes of this Federal constitutional law an immediate
threat of aggression against the Russian Federation implies the actions of
a foreign state (a group of states) committed in violation of the UN
Charter, universally adopted principles and norms of international law
directly testifying to the preparation to perpetrate an act of aggression
against the Russian Federation, including declarations of war on the
Russian Federation.
Article 4. Introduction of Martial Law
1. Martial law on the territory of the Russian Federation or in
some of its areas shall be introduced by decree of the President of the
Russian Federation.
The President of the Russian Federation shall immediately inform the
Federation Council of the Federal Assembly of the Russian Federation
(hereinafter referred to as the Federation Council) and the State Duma of
the Federal Assembly of the Russian Federation (hereinafter referred to
as the State Duma) of the introduction of martial law.
2. The decree of the President of the Russian Federation on the
introduction of martial law shall specify as follows:
- the circumstances which served as the grounds for the introduction of
martial law;
- the date and time since which a state of martial law takes
effect;
- the boundaries of the territory on which martial law was
introduced.
3. The decree of the President of the Russian Federation on the
introduction of martial law shall be made public immediately
through radio and television channels and shall be immediately published
in official press outlets.
4. The decree of the President of the Russian federation on the
introduction of martial law shall be immediately submitted for
approval of the Federation Council.
5. The issue of approval of the decree of the President of the
Russian Federation on the introduction of martial law shall be
considered by the Federation Council within 48 (forty eight) hours of
the receipt thereof.
If a meeting of the Federation Council cannot be held within the
specified time-limits due to extraordinary circumstances, unavoidable in
the given conditions, then the issue may be considered later than the
term specified in paragraph one of this clause.
6. Decision to approve a decree of the President of the Russian
Federation on the introduction of martial law shall be taken by a
majority vote of the total number of members of the Federation Council
and shall be legalized as a relevant resolution.
In the event the Federation Council fails to approve a decree of the
President of the Russian Federation on the introduction of martial
law, such a decision shall be legalized as a resolution of the Federation
Council.
7. A decree of the President of the Russian Federation on the
introduction of martial law not approved by the Federation Council
shall become invalid as from the next day after the taking of such a
decision which the population of the Russian federation or its respective
areas shall be notified about in the same manner as it was notified of
the introduction of the martial law.
Chapter II. The Martial Law Regime and Its Enforcement
Article 5. The Martial Law Regime
1. The martial law regime is determined by this Federal
constitutional law and implies a set of economic, political,
administrative, military and other measures the aim of which is to create
conditions to repel or prevent aggression against the Russian
Federation.
2. Measures envisaged under Article 7 of this Federal constitutional
law shall be implemented only on the territory on which martial law
was introduced.
3. Measures envisaged under Article 8 of this Federal constitutional
law may be implemented, in the event of introduction of martial law
according to the procedure specified by federal laws and other statutory
legal acts of the Russian federation, both on the territory on which the
martial law was introduced and also on territory not subject to
martial law.
Article 6. Enforcement of the Martial Law Regime
1. The enforcement of the martial law regime shall be carried out by
the bodies of state authority and military command agencies in compliance
with the powers granted to them under this Federal constitutional law,
other federal laws and other statutory acts of the Russian Federation by
implementing the measures envisaged hereunder.
2. The measures stipulated under Item 2 of Article 7 of this federal
constitutional law shall be implemented by the federal executive
authorities, bodies of executive authority of the subject of the Russian
Federation and military command agencies on the basis of decrees of the
President of the Russian Federation.
3. The bodies of local self-administration shall provide assistance
to state authorities and military command agencies in the enforcement of
the martial law regime.
Article 7. Measures Applicable on the Territory of the Martial Law
1. The territory in which a state of the martial law was introduced
in conformity with federal laws and other statutory acts of the Russian
Federation shall be subject to measures involving the organization of the
manufacture of products (execution of work, provision of services) to
meet the need of the state, the Armed Forces of the Russian Federation,
other troops, military formations and agencies, special-purpose
formations set up during war time (hereinafter referred to as
"special-purpose formations) and the needs of the population.
2. Proceeding from decrees of the President of the Russian
federation the territory on which martial law was introduced shall
be subject to the following measures:
1) strengthening of public order, public security, protection of
military installations, key governmental and special facilities,
facilities providing for the vital activity of the population, the
functioning of transport, engineering lines and communication, power-supply
facilities and also those which are specially hazardous to the life and
health of the people and natural environment.
2) introduction of a special regime of operation of facilities
providing for the functioning of transport, engineering lines and
communication, power-supply facilities and also facilities posing an
increased hazard to life and health of the people a natural environment;
3) evacuation of facilities of economic, social and cultural purpose
and temporary resettlement of residents to safe areas with the obligatory
provision of those residents with either stationary or make-shift
housing;
4) introduction and enforcement of a special regime of entry into
and exit from the territory of martial law and also the imposition of
restriction of the freedom of movement thereon;
5) suspension of activities of political parties, other public
associations and religions organizations engaged in propaganda or/and
agitation and also any other activity which is undermining the
state of martial law, the defence and security of the Russian
Federation;
6) use of citizens according to the procedure stipulated by the
government of the Russian Federation, in the execution of work for the
needs of defence, the liquidation of consequences of the use of weapons
by the enemy, the reconstruction of damaged or destroyed economic
facilities, life-support systems and military facilities and also in
putting out fires, epidemics and epizootics;
7) confiscation as is envisaged under federal laws of property
required for the needs of defence from organizations and citizens subject
to subsequent compensation by the state for the value of property thus
confiscated;
8) prohibition or restriction of the choice of place of stay or
residence;
9) banning or restriction of meetings, rallies, demonstrations,
marches and picketing and also other mass events;
10) prohibition of strikes and other methods of suspension or
stopping of activities of organizations;
11) restriction of traffic of transport and performance of
inspection of same;
12) banning citizens from being outdoors and in other public places at a
specified time and granting the right to federal executive authorities,
bodies of executive authority of the subjects of the Russian Federation
and military command agencies to conduct, if necessary, check-ups of
identification papers of citizens, personal examination, inspection of
their belongings, housing and cars and, given the grounds specified by the
federal law, to detain citizens and transport vehicles. In that case, a
period of detention of citizens may not exceed 30 (thirty) days;
13) banning the sale of weapons, ammunition, explosives and toxic
agents, institution of a special regime of turnover of medicines and
remedies containing narcotic and other potent substances, and alcoholic
drinks. In instances envisaged under federal laws and other statutory
acts of the Russian Federation, citizens may be subjected to confiscation
of weapons, ammunition, explosives and toxic agents and organizations -
to the confiscation, along with weapons, ammunition, explosives and toxic
agents, also of combat and training military equipment and radioactive
substances;
14) introduction of control over the operation of facilities
providing for the functioning of transport, engineering lines and
communication, the operation of printing-houses, computing centres and
automated systems, mass information media, use of their operation for
the needs of defence; banning the operation of individual receiving and
transmitting radio stations;
15) introduction of military censorship of postal messages and
communications transmitted through telecommunication systems and also
control over telephone conversations and setting up agencies of censorship
to deal directly with those issues;
16) internment (isolation) as is envisaged under universally adopted
principles and nationals of a foreign state which is at war with the
Russian Federation;
17) banning or restriction of exit of citizens outside the territory
of the Russian Federation;
18) introduction within the bodies of state authority, other
governmental bodies, military command agencies, bodies of local
self-administration and organizations of additional measures aimed at
strengthening the regime of secrecy;
19) during an end to activities in the Russian Federation of foreign
and international organizations in respect of which the law-enforcement
agencies received reliable information that the said organizations are
engaged in activities seeking to undermine the defence and security of
the Russian Federation.
3. The measures stipulated under Subitem 16 of Item 2 of this Article
may be applied during the operation of martial law only in case of an
aggression against the Russian Federation.
4. The territory of martial law shall not be used to hold
referenda and elections to bodies of state authority and bodies of local
self-administration.
5. The federal laws and other statutory acts of the Russian
Federation regulating the application of measures envisaged by Items 1
and 2 of this Article adopted both during the operation of the martial
law and also prior to the introduction of the same.
Article 8. Other Measures Applicable During The Period of
Martial Law
1. During the period of martial law, the federal laws and other
statutory acts of the Russian Federation may, for the purposes of manufacture
of products (execution of work, provision of services) to meet the needs
of the state, the armed Forces of the Russian Federation, other troops,
military formations and agencies, special-purpose formations and the
needs of the population, provide for measures associated with the
imposition of temporary restriction in respect conduct of economic and
financial activities, the turnover of property, free convergence of
goods, services and financial assets, search, receipt, transfer,
production and distribution of information, temporarily alter the form of
ownership of organizations, procedure and conditions of bankruptcy
procedures regime of labour activity and prescribe specific features of
financial, tax, customs and banking regulation, both on the territory on
which the martial law was introduced and on the territory not subject to
martial law.
2. The federal laws and other statutory acts of the Russian
Federation mentioned in Item 1 of this Article may be adopted both during
the period of martial law and also prior to the introduction of the same.
Article 9. The Use of the Armed Forces of the Russian Federation,
Other Troops, Military Formations and Agencies In the
Enforcement of the Martial Law Regime
1. For purposes of enforcement of the martial law regime in
accordance with the procedure established under the statutory acts of the
President of the Russian Federation, use may be made of the armed
Forces of the Russian Federation, other troops, military formations and
agencies.
2. The armed Forces of the Russian Federation, other troops,
military formations and agencies in the enforcement of the martial law
regime shall perform the following tasks;
1) maintenance of a special regime of entry into and exit from the
territory on which the martial law was introduced and also restriction of
the freedom of movement thereon;
2) taking part in the rescue and evacuation of the population, the
conduct of rescue, emergency and other urgent operations, putting out of
fires, epidemics, epizooties;
3) protection of military installations, key governmental and
special facilities, facilities providing for the vital activity of the
population, the functioning of transport, engineering lines and
communications, power-supply facilities and also facilities posing an
increased hazard to life and health of the people and natural environment;
4) putting an end to the activity of illegal armed formations,
terrorist and subversive activities;
5) safeguarding of law and order and public security;
6) participation in the conduct of other activities to enforce
martial law.
Article 10. Enforcement of the Martial Law Regime on the Territory
Which is the Site of Military Operations
1. The implementation of measures provided under Item 2 of Article 7
of this Federal constitutional law on the territory which is the site of
military operations and on which martial law was introduced in
compliance with this Federal basis of Decree of the President of the
Russian Federation to military command agencies.
2. The boundaries of the territory specified in Item 1 of this
Article and the power of military command agencies under the list of powers
envisaged under Item 2 of Article 14 of this Federal Constitutional Law
shall be determined by a decree of the President of the Russian
Federation.
Chapter III. Power of the Bodies of State Authority as Regards the
Enforcement
of the Martial Law Regime and Peculiar Features of Their Functioning the
Period of the Martial Law
Article 11. Power of the President of the Russian Federation as
Regards the Enforcement of the Martial Law Regime
The President of the Russian Federation shall:
1) exercise control over organization of enforcement of the martial
law regime;
2) ensure the coordinated functioning and interaction of bodies of
state authority for purposes of enforcement of the martial law regime;
3) supervise the implementation of measures towards enforcement of
the martial law regime;
4) determine in accordance with this federal constitutional law
measures towards the enforcement of the martial law regime to be applied by
federal bodies of executive authority, bodies of executive authority of
the subjects of the Russian Federation and military command agencies on
the territory on which the martial law was introduced the application of
those measures;
5) identify tasks and establish a procedure for using the armed
Forces of the Russian Federation, other troops, military formations and
agencies to enforce the martial law regime;
6) suspend the activities to political parties and other public and
religious associations conducting propaganda and agitation and also
other activities undermining in the conditions of martial law the
defence and security of the Russian Federation.
7) impose bans or restrictions in respect of holding meetings,
demonstrations, marches and picketing and also other mass events;
8) impose bans on the staging of studies and suspension or stooping
of activities of organizations through any other means;
9) determine a procedure for taking military service in the period of
martial law;
10) take the measures necessary to terminate or suspend international
agreements of the Russian Federation with foreign states (group of
states) which perpetrated an act of aggression against the Russian
Federation and/or states which are their allies;
11) put an end in the conditions of the martial law to the activity
in the Russian Federation of foreign and international organizations in
respect of which the law-enforcement agencies received reliable data that
the said organizations are engaged in the activity aimed at the
undermining of the defence and security of the Russian Federation;
12) institute on the territory in which the martial law was
introduced a special operating regime of facilities providing for the
functioning of transport, engineering lines and communication,
power-supply facilities and also facilities posing an increased hazard to
the life and health of the people and natural environment;
13) approve the regulations on the federal bodies of executive
authority which are under his control.
Article 12. Power of the Chambers of the Federal Assembly of the
Russian Federation as Regards the Enforcement of the
Martial Law Regime
1. The Federation Council shall:
1) consider the federal laws passed by the State Duma on issues of
enforcement of the martial law regime;
2) consider federal laws passed by the State Duma on the termination
or suspension of international agreements of the Russian Federation with
a foreign state (group of states) which have perpetrated an act of aggression
against the Russian Federation and stated which are their allies.
2. The State Duma shall:
1) pass federal laws on issues of enforcement of the martial law
regime;
2) pass federal laws on the termination or suspension of
international agreements of the Russian Federation with a foreign state
(group of states) which perpetrated an act of aggression against the
Russian Federation and stated which are their allies.
Article 13. Power of the Government of the Russian Federation as
Regards the Enforcement of the Martial Law Regime
1. The Government of the Russian Federation shall:
1) direct within its respective competence the activity of federal
bodies of executive authority, bodies of executive authority of the
subjects of the Russian Federation and organizations as regards the
enforcement of the martial law regime;
2) organize the development and provide for the taking of measures
aimed at the manufacture of products (execution of work rendering of
services) meet the of the state needs, the armed Forces of the Russian
Federation, other troops, military formations and agencies,
special-purpose formations and the needs of the population;
3) determine a procedure for making contracts on fulfilment by
organizations of tasks (orders) with the objective of ensuring the defence
and security of the Russian Federation and also a procedure for
termination of contracts earlier concluded.
4) organize work to provide for the needs of the state during
the period of the martial law in material-technical, labour and other
resources, organize the development of military economic plans;
5) approve regulations on the federal executive authorities which
are under its control.
2. The chairman of the Government of the Russian Federation shall,
proceeding from the interests of ensuring the defence and security of the
Russian Federation, submit to the President of the Russian Federation
proposals on the structure of federal executive authorities for period of
the martial law.
Article 14. Power of the Federal Bodies of Executive Authority as
Regards the Enforcement of the Martial Law Regime
1. With the objective of enforcing the martial law regime, the federal
bodies of executive authority shall exercise within their respective
conference the following power:
1) organizations of the manufacture of products (execution of work
provision of services) to meet the needs of the state, the Armed Forces of
the Russian Federation, other troops, military formations and agencies,
special-purpose formations and the needs of the population;
2) organization of provision (the rationing if necessary) of the
population with food and non-food products and medical service of the
population;
3) regulation of activities of organizations of industry, trade,
public catering, everyday domestic service and public utilities;
4) the notification of the population of the territory subject to
the martial law through mass information media of the procedure for
application of measures envisaged under this Federal constitutional law.
2. With the objective of implementing the measures stipulated under Item 2
of Article 7 of this Federal Constitutional Law, the federal bodies of
executive authority shall, on the basis of decrees of the President of
the Russian Federation, exercise the following powers:
1) ensure the maintenance of law and order and public security, the
protection of military, key governmental and special facilities,
facilities providing for the vital activity of the population, the
functioning of transport, engineering lines and communication,
power-supply facilities and also facilities which are especially
hazardous to the life and health of the people and natural environment;
2) organize the evacuation of facilities of economic, social and
cultural purpose and also the temporary resettlement of residents to safe
areas by providing those residents without fail with stationary or
make-shift housing;
3) institute and enforce a special regime of entry onto and exit
from the territory subject to martial law and also impose
restrictions on the freedom of movement thereon;
4) organize in conformity with the procedure prescribed by the
Government of the Russian Federation the use of citizens in the
performance of the work required for the need of the defence, the
liquidation of consequences of the use of weapons by the enemy the
rebuilding of damaged (destroyed) economic facilities life-support
systems of the population and other key facilities and also their
participation in putting down fires, epidemics and epizooties.
5) confiscate, as is envisaged under federal laws, transport
vehicles and other property required for the need of the defence from
organizations and citizens subject to subsequent compensation by the
state of the value of property thus confiscated;
6) impose bans or restrictions as regards the choice of place of
stay or residence on the territory subject to the martial law;
7) establish limitation of traffic of transport vehicles and a
procedure for carrying out inspection of the same;
8) impose a ban on the stay of citizens outdoors and in other public
places at a specified time of the day, conduct, if necessary, check-ups
of identification papers of citizens, personal examination, inspection of
their belongings, housing and cars and, given the grounds specified under the
federal law-detention of citizens and transport vehicles;
9) impose a ban on the sale of weapons, ammunition, explosives and
toxic agents, introduce a special regime of turnover of medicines and
remedies containing narcotic and other potent substances, alcoholic
drinks. In instances specified by the federal laws and other statutory
acts of the Russian Federation, confiscate from citizens weapons,
ammunition, explosives and toxic agents, also combat and training
military equipment and radioactive materials;
10) institute control over the operation of facilities providing for
the functioning of transport, engineering lines and communication, the
work of printing-houses, computing centres and automated systems and also
mass information media, organize the use of their work for the needs
of the defence; ban the operation of individual receiving and
transmitting radio stations;
11) exercise military censorship over postal messages and
communications transmitted trough telecommunication systems and also
control over telephone conversations; set up agencies of censorship to be
directly in charge of the said issues and define the powers of those
agencies;
12) provide for the implementation of decrees of the President of
the Russian Federation on the suspension of activities of political
parties, other public and religions associations conducting propaganda
and/or agitation and also other activities undermining the conditions
of martial law and the defence and security of the Russian Federation;
13) provide for the internment (isolation) as is envisaged under
universally adopted principles and norms of international law of nationals
of the foreign state which is at war with the Russian Federation;
14) impose bans or restrictions as regards the exit of citizens
from the territory of the Russian Federation;
15) provide for the introduction within state bodies, other
governmental bodies, military command agencies, bodies of local
self administration and organizations of additional measures aimed at
strengthening the regime of secrecy;
16) specify a procedure and place for safe-keeping of confiscated
weapons, ammunition, explosives and toxic agents, combat and training
military equipment and radioactive substances;
17) enforce on the territory subject to martial law a special
regime of operation of facilities providing for the functioning of
transport, engineering lines and communication, power-supply facilities
and also facilities posing an enhanced hazard to life and health of the
people and natural environment;
18) ensure the implementation of decrees of the President of the
Russian Federation on stopping the activities in the Russian Federation
of foreign and international organizations in respect of which the
law enforcement agencies have received reliable data that the said
organizations are engaged in activity aimed at undermining the
defence and security of the Russian Federation.
3. The federal bodies of executive authority, their territorial
bodies and officials providing for the enforcement of the martial law
regime shall, as regards their activity, issue within their respective
competence legal acts which are binding upon executive authorities of the
subjects of the Russian Federation, bodies of local self-administration,
organizations and their officials and also citizens.
Article 15. Powers of the Bodies of Executive Authority of the
Subjects of the Russian Federation As Regards the
Enforcement of The martial law Regime
1. The bodies of executive authority of the subjects of the Russian
Federation shall exercise the following powers on the territory subject
to the martial law within their respective competence:
1) organize the manufacture of products (execution of work,
provision of services) to meet the needs of the state, the armed forces
of the Russian Federation, other troops, military formations and
agencies, special-purpose formations and the needs of the population;
2) organize the provision (rationing, if necessary) of the
population with food and non-food products and medical service of the
population;
3) regulate the activity of organizations of industry, trade, public
catering, domestic service and public utilities;
4) notify through mass information media the population of the
territory subject to martial law of the procedure of application of
measures envisaged under this Federal constitutional law;
5) provide assistance to federal executive authorities and military
command agencies in the implementation of measures envisaged under this
Federal constitutional law.
2. Proceeding from the decrees of the President of the Russian
Federation bodies of executive authority of the subjects of the Russian
Federation shall be involved in the implementation of measures stipulated
under Item 2 of Article 7 of this Federal Constitutional Law by investing
them with the powers specified under Item 2 of Article 14 hereof.
3. The executive authorities of the subjects of the Russian
Federation enforcing martial law regime shall issue within their
respective competence legal acts as regards their activity which are
binding upon bodies of local self-administration, organizations, their
officials and also citizens.
Article 16. The Activity of the Courts and Bodies of Prosecutor's
Office on the Territory Subject To the Martial Law
1. The territory subject to martial law shall be the site of
operation of courts designated in accordance with the Constitution of the
Russian Federation and Federal constitutional laws. The legal proceedings
shall be carried out in conformity with the Constitution of the Russian
Federation, Federal constitutional laws and other Federal Laws.
2. If it is impossible to administer justice by the courts operating
on the territory subject to martial law, either the Supreme Court of
the Russian Federation or the Higher Arbitration Court of the Russian
Federation may, within their respective competence, alter by their
decision territorial jurisdiction of cases to be examined in court.
3. The activity of bodies of the prosecutor's office of the Russian
Federation on the territory subject to martial law shall be conducted
in accordance with the Constitution of the Russian Federation and Federal
Laws.
Article 17. Peculiar Features of Activity of the Bodies of State
Authority In the Period of martial law
1. In the period of martial law:
the President of the Russian Federation by his decree may designate
federal executive authorities to be used to carry out supervision over
the ensuring of the defence and security of the Russian Federation, the
enforcement of martial law regime;
the President of the Russian Federation by his decree may
redistribute the functions and powers among the federal executive
authorities, proceeding from the interests of ensuring the defence and
security of the Russian Federation, and the enforcement of martial
law regime.
2. The federal bodies of state authority and bodies of state
authority of the subjects of the Russian Federation, the procedure for
exercise of whose powers and the procedure of whose activity is subject
to regulations to be adopted by them, shall, upon the introduction of
martial law, make into the said regulations relevant amendments with due
regard for peculiar features of martial law.
Chapter IV. Legal Status of Citizens and Organizations
In the Period of Martial Law
Article 18. Legal Status of Citizens In the Period of Martial
Law
1. In the period of martial law citizens shall enjoy all the
rights and freedoms of person and citizen specified under the
Constitution of the Russian Federation, except for the rights and
freedoms the restriction of which has been imposed under this Federal
constitutional law and other Federal Laws.
2. Citizens shall be obligated to comply with the requirements of
this Federal constitutional law, other Federal Laws and other statutory
legal acts of the Russian Federation on issues of martial law.
3. Citizens staying on the territory subject to martial law
shall be obligated:
1) to comply with the requirements of federal executive authorities,
bodies of executive authority of the subjects of the Russian Federation
of the Russian Federation , military command agencies enforcing
martial law regime and their officials and to provide assistance to those
bodies and persons;
2) to present themselves, if so requested by a summons, to federal
executive authorities, bodies of executive authority of the subjects of
the Russian Federation of the Russian Federation, military command
agencies enforcing the martial law regime and military commissariats of
districts, cities with no division into districts, other municipal
(administrative-territorial) formations within territories on which the
said citizens reside;
3) to meet the requirements set forth in instructions, summons and
orders of federal executive authorities, bodies of executive authority of
the subjects of the Russian Federation of the Russian Federation,
military command agencies enforcing the martial law regime and their
officials received by them;
4) take part according to the procedure established by the
government of the Russian Federation in the performance of work to meet
the needs of the defence, the liquidation of consequences of the use of
weapons by the enemy, the rebuilding of damaged (destroyed) economic
facilities, life support systems and military installations and also in
the putting out of fires, epidemics and epizooties, to joint
special-purpose formations;
5) to make available as is stipulated under Federal Laws property as
may be required for the needs of the defence and owned by them subject to
subsequent compensation by the state of the value of such property.
Article 19. Legal Status of Organizations In the Period of
Martial Law
1. In the period of martial law the rights of organizations and
their officials may be restricted only in so far as it is necessary for
purposes of ensuring the defence and security of the Russian Federation,
for grounds established under this Federal constitutional law and related
Federal Laws.
2. Organizations based on the territory subject to martial law
shall be obligated to comply with the requirements of federal executive
authorities, bodies of executive authority of the subjects of the Russian
Federation, military command agencies enforcing martial law regime
and their officials and to provide assistance to those bodies and
persons.
3. Organizations shall, in the period of martial law be
obligated:
1) to make available as is provided under Federal Laws property as
may be necessary for the needs of the defence owned by them subject to
subsequent compensation by the state of the value of such property;
2) to fulfil tasks (orders) with the aim to ensure the defence and
security of the Russian Federation in accordance with agreements
(contracts) concluded.
Article 20. Responsibility For the Violation of the Legislation of
the Russian Federation On Martial Law
In consideration of the violation of provisions of this Federal
constitutional law, other Federal Laws and other statutory acts of the
Russian Federation on issues of martial law and also for offences
committed in the period of martial law the persons at fault shall be held
responsible as is envisaged under the legislation of the Russian
Federation.
Chapter V. Final Provisions
Article 21. The lifting (termination) of Martial Law
1. Martial law introduced on the territory of the Russian
Federation or in any of its areas in accordance with this Federal
constitutional law shall be lifted by a decree of the President of the
Russian Federation after the elimination of the circumstances which served as the
grounds for the introduction of same about which the population of the
Russian Federation or of its respective individual localities shall be
advised in the same manner as it was notified of the introduction of
martial law.
2. In the cases specified in Item 7 of Article 4 of this Federal
constitutional law, martial law shall cease to operate.
3. As from the time of the lifting (termination) of martial law,
the statutory acts adopted to enforce the martial law regime shall become
null and void or shall be invalidated by the bodies which issued them.
4. As from the lifting (termination) of martial law, federal
executive authorities, bodies of executive authority of the subjects of
the Russian Federation and military command agencies shall, following the
procedure prescribed by the President of the Russian Federation, cease to
exercise their powers as regards the enforcement of the martial law
regime.
Article 22. Notification of and Providing Information to the United
Nations Organizations and the Council of Europe On the
Introduction and Lifting (Termination) of Martial
Law
1. In case of introduction of martial law on the territory of
the Russian Federation or in any of its areas the President of the
Russian Federation shall, in pursuance of the international commitments of
the Russian Federation take measures to notify the General Secretary of
the United Nations Organization (and through him member-states of the
United Nations Organization) and to inform the General Secretary of the
Council of Europe of the default by the Russian Federation on its
commitments under international Agreements associated with the
restriction of rights and freedoms of citizens.
2. The President of the Russian Federation shall take measures to
notify the General Secretary of the United Nations Organization (and
through him member-states of the United Nations Organization) and to
inform the General Secretary of the Council of Europe of the date from
which the Russian Federation terminates the default specified in Item 1
of this Article in connection with the lifting (termination) of
martial law.
Article 23. Taking Effect of This Federal Constitutional Law
This Federal constitutional law shall take effect as from the day of
its official publication.
President of the Russian Federation V.Putin
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