Martial law - what is it? What does the imposition of martial law in the country mean?
When certain negativecircumstances threatening the existence of the state or the security of its citizens, under the legislation of most countries of the world martial law may be applied. What it is? Under what specific conditions can it be introduced? How to behave in this case? In general, let's find out what martial law means.
The general essence of the term
Martial law is the introduction of a specialthe regime of legal relations in the country, which are designed to ensure the preservation of the viability of the state and the protection of its citizens in certain emergency conditions.
Most often, the reason for the introduction of this measureis external aggression or its threat. But in history, the mass of cases is also known, when during the internal riots a martial law regime was introduced. This was due to the need to protect civilians or ensure the preservation of the constitutional order. Similar precedents have occurred both in the US and in many European countries.
In most modern countries for the introductionmartial law is not the army leadership, and the head of state. But most often with mandatory approval of this decision by the country's parliament. In some cases, the legislature takes the initiative to introduce a special regime for itself.
Often the conditions of martial lawprovide for the provision of additional powers of the central government to ensure more prompt management of the situation, as well as a certain reduction in the list of rights and freedoms of citizens.
These are the most common causes and consequences of inputmartial law, which are identical for most countries in the world. Now let us take a look at the conditions for the introduction and operation of martial law in individual states, we will learn what their nuances are, and also we will dwell on specific historical precedents.
Martial law in the legislation of the Russian Federation
In the territorial boundaries of the Russian Federationthe conditions for the introduction and the procedure for the operation of this regime establishes a special law "On Martial Law", adopted in January 2002. It was approved by the parliament in December 2001.
This act specifies the whole mechanism for the introduction of martial law in Russia, the basis, the reasons, the procedure for its operation, and the conditions for withdrawal.
When is martial law introduced in Russia?
The Law on Martial Law provides forThe introduction of this regime only in the case of foreign aggression of a foreign state or the threat of an attack. Internal causes as an excuse for the use of this tool are excluded. For this case, a state of emergency is provided.
The right to impose martial law in the country in the case ofthe President of the Russian Federation has the necessary grounds. He does this by issuing a decree. With him, without fail, the parliamentary Duma and the Federation Council must be immediately informed. SovFED must approve the decree or reject it.
The obligatory attributes of this document are the reason for the introduction of the martial law, the territory to which it applies, the exact date of the beginning of the regime.
What does the military situation in Russia envisage?
From the moment that is indicated in the decree, martial law begins to operate. What does this mean for ordinary Russians? What should they know about?
First of all, martial law is a restrictioncertain human rights and freedoms. Namely: the prohibition of meetings, rallies, strikes begins to operate. The activity of parties and other political organizations on the territory where a martial law has been introduced is prohibited. In addition, there is a restriction on the right of movement of citizens and movement by means of vehicles, the curfew regime is applied, up to the total prohibition of entry into certain territories. The period of detention before clarifying the circumstances is increased to 30 days. True, no one has the right to hold you for longer than that time.
But not only such actions implythe introduction of martial law. That this is not just a series of measures related to restricting the freedoms of citizens proves the presence of other items in the law. First of all, the establishment of special regimes in strategically important facilities, and, if necessary, the evacuation of the latter.
It also provides for the isolation of citizens of the belligerentRussia state, which are at the time of military operations on its territory. Moreover, this is done not only for the purposes of state security, but also for ensuring the immunity of the foreigners themselves.
In addition, censorship is introduced, and in some cases the departure of Russians abroad is limited.
But the main point of this law is the possibility of engaging the armed forces to ensure law and order.
The abolition of martial law in Russia
Military situation in the Russian Federation, as well asits introduction, can be canceled by the decree of the president of the country. This is done in the event that the head of state decides that the circumstances that forced to go to the introduction of a special regime are eliminated. The martial law is also abolished if it is not approved by the Federation Council. There are no other ways to remove the special regime.
Precedents of the introduction of martial law in the territory of Russia
In the time of the Russian Empire, such a term as"Martial law", did not exist, but there was an identical term - "state of protection." This regime was introduced in the territories close to the front of military operations, as well as in the provinces covered by popular disturbances. Especially many precedents for the introduction of the state of protection were in 1905-1906, when the country was captured by the revolutionary movement.
In Soviet times the term "martial law"entered the legislation of the country. Only the Presidium of the Supreme Soviet of the USSR had the right to introduce it. But he took advantage of these powers only during the Great Patriotic War. Then the martial law was introduced in the occupied and front-line territories, as well as in strategically important facilities.
The cases of the application of martial law in the Russian Federation
From the time of the formation of the Russian Federation toAt the present time martial law has never been introduced on its territory. Even during the time of the Chechen war, only the state of emergency and the regime of the counter-terrorist operation were introduced in the territories covered by military operations. True, Jokhar Dudaev introduced martial law on the territory controlled by militants, but he did not do it as the head of the subject of the Russian Federation, but as the president of an independent Ichkeria.
Military situation in Ukraine
Now let's take a look at the situation in other countries where martial law is introduced. What is it, for example, for Ukraine?
In Ukrainian legislation there is alsothis concept. It is regulated by the Law on the Legal Regime of Martial Law. This act was adopted by the Verkhovna Rada in 2000, but after that it was repeatedly subjected to changes, the last of which was introduced in May 2015, in connection with the fighting in the Donbass and with the multiply increased likelihood of applying martial law. What does this mean in the light of the new wording of the law?
Innovations in Ukrainian legislation
So, under the Ukrainian legislation militarythe situation can be imposed not only because of external aggression, but also in connection with circumstances threatening the independence or territorial integrity of the country.
The decision to introduce this regime takespresident, but he is approved by the Verkhovna Rada without fail. The effect of martial law can be extended both to the whole country and to its individual part.
According to this law, when the regime is introducedpossibly a significant restriction of human rights and freedoms. First of all, the right to freedom of movement is limited, a strict passport regime and curfews are introduced. Also, if necessary, compulsory labor service for the needs of the defense industry can be introduced.
Legislation provides for the possibility of prohibiting the activities of political parties, the work of the Internet, television and other sources of information.
In addition, the possibility of evacuationof the population from the battlefields and the duty of the residents of settlements to which resettlement will be carried out, to provide refugees with everything necessary.
The restrictions on human rights that will occur under this legislation in the event of the introduction of a special regime can not be challenged in international courts.
This is what martial law means in Ukraine.
Martial law in Belarus
Now let's look at how the legislation of the Republic of Belarus looks at the martial law. What is it under the laws of this country?
In Belarus there is a legislative act "Onmilitary situation "since 2003. According to him, the basis for the introduction of a special regime is an attack by another state or a military threat on its part. But also the reason for the launching of martial law may be the presence of foci of armed conflicts directed against the state. Thus, the law can formally be used not only against an external enemy.
Martial law enters into force on the basis ofpresidential decree, but with mandatory approval in three days by the Council of the Republic. The first article of the law states that in the case of the introduction of this regime, a certain restriction of human rights and freedoms and the imposition of additional duties on citizens are provided.
The abolition of martial law follows after the issuance of the relevant decree by the President.
Martial law in other countries of the world
So far, we have talked only about the countries of the post-Soviet space. But how do you apply martial law in the far abroad? What is it, for example, for residents of Spain or the US?
It must be said that the legislation on militaryposition in most democracies is very similar. So there is no fundamental difference, when compared with the laws of Russia, Ukraine and Belarus. In the same way in other countries: in case of the introduction of martial law, the rights and freedoms of a person are cut. The difference is only in the magnitude of these limitations.
The only fundamental difference inlegislation of different countries is an opportunity to apply martial law in the event of an intra-state conflict. The laws of some countries allow this, while others allow the introduction of this regime only with the existence of external aggression. So, the martial law at various times was introduced with internal protests in the USA, France, Poland.
It should also be noted that in Spanish-speaking countries, another term is more often legislated, namely, "state of siege".
If we talk about countries where there isa rigid dictatorship, then the process of introducing martial law is much simpler and depends in fact on the will of one person. And the restrictions on rights and freedoms when introducing such a regime are much tougher than in democratic countries.
Of course, it would be better to have a law on martial lawnever had to apply. But, as practice shows, it is worthwhile to reinsure and have in stock a ready-made plan of action in the event of a threat to the independence and integrity of the country, than to take appropriate laws in a hurry.
Of course, the law on the introduction of the martial law of virtually every country presupposes certain restrictions on the rights and freedoms of its citizens, but this is still an inevitable step in external aggression.