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Martial law in Ukraine

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Martial law in Ukraine

In Ukraine, the legal basis for the introduction of martial law is in the Constitution of Ukraine, the Law of Ukraine "On the legal status of martial law" (No. 389-VIII from May 12, 2015) and presidential decrees about the introduction of martial law. Modern-day martial law has been introduced two times in Ukraine; in 2018 for 30 days and an ongoing period since 24 February 2022 in response to the Russian invasion of Ukraine that started on that date.

The previous law "On the legal status of martial law" was adopted in 2000 and signed by President Leonid Kuchma. It was changed several times: in 2003, 2008, 2010, 2012, and 2014.

In 2015, Petro Poroshenko introduced bill No. 2541 to parliament. It was adopted by the Verkhovna Rada of Ukraine on May 12 and returned with the signature of the President of Ukraine on June 8. In order to implement the new law, the Cabinet of Ministers of Ukraine approved a typical plan for the introduction and provision of measures for the legal regime of martial law in Ukraine or in its separate areas. In response to prolonged military intervention, central units of the executive branch of Ukraine created relevant divisions. In the Ministry of Social Policy operates Divilion for social adaptation of ATO participants and retired servicemen, in the Ministry of Health – Division of coordination and providing medical care during anti-terrorist operations, emergency and martial law.

During martial law public holidays in Ukraine become working days, while they are a day off in peacetime.

The Constitution of Ukraine allows for some specific restrictions on rights and freedoms when the state of martial law is in effect. The Constitution explicitly extends the five-year authority of the Verkhovna Rada (the national parliament of Ukraine) in the state of martial law until the first meeting of the Verkhovna Rada of Ukraine of the next parliamentary term, elected after the cancellation of the state of martial law. Scholars have stated that the Ukrainian constitution does not hold national elections while martial law is in effect. The 2023 Ukrainian parliamentary election was not held and the 2024 Ukrainian presidential election also did not take place on its scheduled date of 31 March 2024.

On May 28, 2015, in the program "Year of Poroshenko," the President said that a decree on the introduction of a martial law in Ukraine would be signed if a truce was violated and an offensive would take place on the position of the Armed Forces of Ukraine.

A period of martial law was introduced by presidential decree on November 26, 2018 in 10 regions of Ukraine from 14:00 local time for 30 days on with the aim of strengthening the defense of Ukraine against the background of increasing tension with Russia. This happened after the incident in the Kerch Strait. Martial law was ended after 30 days.

Initially, President Poroshenko signed a decree for martial law within the whole of Ukraine for 60 days; however, after 5 hours of deliberations, a less restrictive version was signed into the law by an emergency session of the Verkhovna Rada.

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