Constitutional law of the Russian Federation. Legal regime of martial law (most important)

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Constitutional law of the Russian Federation. Legal regime of martial law (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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41. LEGAL REGIME OF MARTIAL LAW

In 2002, the FKZ "On martial law" came into force.

Martial law - a special temporary legal regime - introduced in the event of aggression against the Russian Federation or its immediate threat (for example, blockade of ports or coasts of the Russian Federation by the armed forces of a foreign state, sending armed bands of mercenaries to Russia by a foreign state).

Martial law (both throughout the territory of the Russian Federation and in certain areas) is introduced by a reasoned decree of the President of the Russian Federation, which is immediately promulgated and submitted for approval to the Federation Council (the Federation Council must consider the decree of the President of the Russian Federation on the introduction of martial law within 48 hours after its promulgation, otherwise, the decree of the President of the Russian Federation becomes invalid). Martial law is canceled by decree of the President of the Russian Federation, when the circumstances that served as the basis for the introduction of martial law cease to exist.

The regime of martial law is provided by state authorities and military administration with the assistance of local self-government bodies.

On the basis of decrees of the President of the Russian Federation, in the territory where martial law has been introduced, in particular, the following measures are applied:

▪ strengthening the protection of public order and ensuring public safety, the protection of particularly important facilities, the introduction of a special operating regime for these facilities;

▪ evacuation of economic, social and cultural facilities, as well as temporary resettlement of residents to safe areas with the mandatory provision of permanent or temporary residential premises to such residents.

In order to ensure the regime of martial law, in the manner established by the regulatory legal acts of the President of the Russian Federation, the Armed Forces of the Russian Federation, other troops, military formations and bodies that perform certain tasks may be involved.

During the period of martial law, the functions and powers of federal executive bodies may be redistributed by decree of the President of the Russian Federation.

The creation of emergency courts, the introduction of emergency proceedings is not allowed, the territorial jurisdiction of courts of general jurisdiction (arbitration courts) may be changed by decision of the Supreme Court of the Russian Federation (Supreme Arbitration Court of the Russian Federation).

On the territory where hostilities are conducted, the martial law regime and the corresponding powers are exercised by military command and control bodies.

The Secretary General of the United Nations and the Secretary General of the Council of Europe are informed about the imposition of martial law.

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