Martial law - what is it? What does the imposition of martial law in the country mean?

In the event of certain negative circumstances threatening the existence of the state or the security of its citizens, according to 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 special 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 measure is external aggression or its threat. But in history, there are a number of cases in which, under internal disturbances, 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, not the army leadership, but the head of state, is responsible for the imposition of martial law. 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 law provide for additional powers of the central government to ensure more rapid management of the situation, as well as a certain reduction in the list of rights and freedoms of citizens.

These are the most typical causes and consequences of martial law entry, which are identical for most countries of 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 Federation, the conditions for the introduction and procedure for the operation of this regime establish a special law "On the Martial Law" adopted in January 2002. It was approved by the parliament in December 2001.

This act specifies the entire 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 for the introduction of this regime only in case of foreign aggression of a foreign state or threat of attack. Internal causes as an excuse for the use of this tool are excluded. For this case, a state of emergency is provided.

The President of the Russian Federation has the right to introduce martial law in the country in the event of the existence of 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 mandatory 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 the restriction of certain 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 martial law is imposed is prohibited. In addition, a restriction on the right of movement of citizens and movement by means of vehicles is introduced, the curfew regime is applied, up to the complete prohibition of entry into certain territories. The period of detention until clarification of 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 imply the imposition of martial law. That this is not just a series of measures related to restricting citizens' freedoms , 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 belligerent state with Russia, which are at the time of hostilities in 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 involving the armed forces to ensure law and order.

The abolition of martial law in Russia

Martial law in the Russian Federation, as well as its introduction, can be canceled by decree of the President of the country. This is done if the head of state decides that the circumstances that forced him to introduce 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, there was no such term as "martial law", 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 the Soviet era, the term "martial law" was included in 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

Since the formation of the Russian Federation until the present time, martial law has never been introduced on its territory. Even in the times 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 the militants, but he did it not as the head of the subject of the Russian Federation, but as the president of an independent Ichkeria.

Martial law 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, this concept also exists. 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 version of the law?

Innovations in Ukrainian legislation

So, under the Ukrainian legislation martial law can be imposed not only because of external aggression, but also in connection with the circumstances threatening the independence or territorial integrity of the country.

The decision on the introduction of this regime is made by the president, but the Verkhovna Rada automatically approves it. 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 introduced, a significant restriction of human rights and freedoms is possible. First of all, the right to freedom of movement is restricted, 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 evacuating the population from the battlefields and the obligation of residents of settlements to be resettled to provide refugees with everything necessary is fixed.

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 "On the Martial Law" since 2003. According to him, the basis for the introduction of a special regime is an attack of another state or a military threat on his part. But also the reason for the launching of martial law can be considered 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 comes into force on the basis of the decree of the President, but with mandatory approval in three days by the Council of the Republic. In the first article of the law, it is stated 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 martial law should be abolished after the President has issued the relevant decree.

Martial law in other countries of the world

So far we have spoken only about post-Soviet countries. 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 martial law 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 the 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 in the legislation of different countries is the ability to apply martial law in the event of an intra-state conflict. The laws of some countries allow this, and 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, the "state of siege".

If we talk about countries where there is a strict dictatorship, then the process of introducing martial law is much simpler and depends in fact on the will of one person. And the restrictions of rights and freedoms when introducing such a regime are much tougher than in democratic countries.

Overall Results

Of course, it would be better to apply the law on martial law never. But, as practice shows, it is worthwhile to reinsure and have ready-made action plan in the event of a threat to 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.