Due to the general instability of the geopolitical situation throughout the world, many countries are putting their armies on high alert. This is reflected in the constant procurement of new equipment, and in regular exercises, and some states, in addition to all of the above, are engaged in direct escalation of hysteria through the media. But, fortunately, no one has yet introduced martial law.
What it is?
In general, this means a significant restriction of civil rights and freedoms, which is justified in the case of situations that are especially dangerous for the entire state as a whole. It is introduced in cases where a country is either at war, or there is a high probability of external aggression. The reasons for the introduction may be as follows:
- Direct aggression against the state by other countries or a clear demonstration of hostile intentions, including the act of forcibly tearing away territories.
- The concentration of large numbers of armed forces of a potential enemy at the border or an attack on those countries with which the state has concluded an agreement on alliance and mutual assistance.
Martial law can be introduced only after a direct order from a legitimately elected head of state with an unexpired term of office. After that, the content of the document is urgently communicated to all executive bodies.
Basic information
The following data are indicated in the Constitution of most countries, which must be reflected in the order on the introduction of martial law:
- Those circumstances because of which martial law was introduced.
- The list of legislatively established requirements on the basis of which it is introduced.
- A complete list of those restrictions on civil rights and freedoms that are cut for the entire duration of martial law.
- The list and exact coordinates of the executive authorities responsible for fulfilling the requirements applicable during martial law.
- The boundaries of the territories to which it (situation) applies.
- The exact time from which the decree comes into force.
The full text of the document is immediately brought to the public through the media. In addition, a decree on martial law is mandatory in all newspapers that publish laws and regulations in the country.
Government actions
After the introduction of martial law, all members of the government, local government and other executive bodies must immediately arrive at their workplaces and wait for further instructions.
Not later than three days after the signing by the head of state of the decree on the introduction of special measures, it must be confirmed or rejected by the government. If for some reason the government cannot fulfill its functions (its members are destroyed, disorganized or they cannot be found), then martial law is considered valid from the moment of signing the decree on its introduction by the head of state.
The government has the right to reject this document only for objective reasons. If this happens, then the head of state must reconcile the document within a maximum of three days. In the case when there is no head of state and government, the provision on military service during the reflection of the threat, prescribes the exercise of power by the remaining army leadership.
On the abolition of martial law
After the reflection of an external threat or at the moment of stabilization of the situation, the head of state has the right to cancel the effect of his decree either on the territory of the whole country, or on some part of it. In this case, the population should receive this information no later than 12 hours. A similar thing is required if the government for some reason rejected the imposition of martial law.
The regulation on the procedure for military service in wartime is in many respects similar to peacetime, with the exception of the abolition of demobilization for the duration of conscription and holidays. Immediately after the introduction of VP, an unscheduled call is made. Most of the medical restrictions for this time are removed.
On the powers of the army in the territories where the VP
It should be remembered that any body representing state power in the region can unilaterally and without approval revoke any decisions or decrees issued in the territories where the EaP operates. This ensures unity of command and stability, which are urgently needed by the state during this period.
Also, the state bodies that have the responsibility to administer in these conditions have the right to resort to emergency measures in cases where they are urgently necessary to maintain order. By these measures we mean only (!) The restriction of civil rights and freedoms. Only the army (!) Operating in this period under the laws of wartime has the right to more radical methods of maintaining civil law and order.
At the same time, the leaders of local self-government and other authorities in the territory where martial law is imposed may in some cases be directly subordinate directly to the head of state. They can also be subordinate to the army leadership available in the region.
Creation of interim authorities
To ensure stability and civil law and order in the area where the EaP operates, an additional decree of the head of state can create a special, temporary body of federal executive power (if there are no army structures there). Its members are either recruited locally from suitable candidates, or appointed by separate orders from the federal center.
It is assumed that this authority will be fully delegated all the powers of local authorities, local bodies of municipal self-government. The powers of this entity also include the right to create additional local authorities and transfer to them part of the managerial functions. Also, its members can issue decrees and decrees that help restore the integrity of public administration in the territory that lives under martial law.
It is important to note that, regardless of the time of the EaP, all authorities are obliged to act in strict accordance with the laws of the state in whose territory this provision is introduced. Those responsible for their violation must be prosecuted to the fullest extent of the law. If there are no civilians left in a particular territory, control will be transferred to army structures. This is the provision on military service.
Basic measures applicable during the introduction of martial law
For the period of martial law, the following measures may be established:
- Not only the armed forces, but also the objects of the civilian economy and production, completely switch to the military support regime (provision on military service). All work is aimed at repelling an external threat as soon as possible and promptly eliminating all the consequences of hostilities.
- Transfer of the entire state economy to production and supply rails.
- Ensuring the necessary conditions for the priority production of those goods and materials that are necessary for the armed forces of the country, as well as providing the population who find themselves homeless and living.
- Full access to conserved material and technical support resources.
- Providing the population with vehicles for evacuation, food and other vital things. Establishment in the territory where the hostilities took place of full medical care for the remaining civilians.
- Commissioning and operation of reserve control points for army and civilian purposes.
- Maximum strengthening of the protection of all civilian infrastructure facilities, especially gas pipelines, water intakes, power plants, with the aim of preventing sabotage groups and linear combat units of the enemy.
- The special mode of operation of the entire communication and transport system, as well as full control of the media.
- Depreservation and launch of all civil defense facilities (civil defense).
- The evacuation of civilians from those regions where active hostilities are taking place, the placement of people on the territory of specially created or converted centers for civilian purposes. This is done by the forces of the army units.
Other measures
First of all, the introduction of martial law restricts the free movement of citizens in the area where the EaP operates. At the same time, protection of all objects of social infrastructure is organized, a complete ban on rallies, demonstrations, strikes is introduced, and a restriction is imposed on the distribution and transmission of any information, especially the information from which the enemy can obtain information about the deployment and movement of troops (how the country itself and its allies).
In addition, the martial law regime automatically provides for the need for curfews, the control of this lies with the army. A tough caesure is also introduced, providing for the verification of all messages transmitted both in writing and through telecommunication systems. Control over all communication systems and the media is being introduced. The activities of all individual recording studios are prohibited, equipment and printed materials may be withdrawn with a mandatory return after removal of the EP.
Other powers of the army
It is possible to stop the activities of any party or organization that destabilize the situation. Each citizen can be verified identity documents. If for some reason he seems suspicious to law enforcement officers, a personal search is allowed. The economic activity of citizens is also seriously curtailed. In some cases, it is allowed to attract citizens to organize military personnel in those regions that are in direct contact with areas of military conflict.
The regulations on military service allow civilians to be involved in the construction of defensive structures, as well as the elimination of the consequences of air raids, artillery shelling, etc. I can also use local residents to eliminate the consequences of epidemics, epizootics, fires and natural disasters of anthropogenic or natural character. Privatization of vehicles and other property for army needs is allowed. After the war, these costs to citizens must be fully reimbursed. Commanders of military units are allowed to issue receipts, this is a guarantee.
Establishment of a complete ban on construction and other land use, with the exception of cases where refugee and temporary resettlement camps are being built. In some areas, full control of all vehicles may also be introduced. Also, for the safety of the population and in order to prevent possible sabotage, full control is introduced over the activities of all food organizations, especially those that supply food to the army. Part of the internal troops is responsible for this.
Other restrictions
If necessary, the heads of military units or the leaders of any enterprise in the airspace can transfer any (or all) of the employee to work not provided for by his employment contract.On the contrary, if necessary, workers' enterprises can participate in the elimination of the consequences of hostilities or epidemics / epizootics without the consent of the management (if it is not possible to inform him), and the law prohibits holding them accountable for this. The provision on the procedure for military service is also changing: all draft dodgers are immediately prosecuted.
The movement of persons with foreign citizenship, as well as those who do not have or are deprived of citizenship, is completely prohibited. This is especially true when military or strategically important production is located in a particular area. It provides for the isolation of those foreign citizens or stateless persons in respect of whom reliable information has been received that they are conducting intelligence, sabotage or subversive activities that threaten the integrity of the state.
Other restrictive measures
Travel of own citizens abroad is limited. The introduction of a strict regime of secrecy at all enterprises and in all organizations whose activities in one way or another may be of interest to the enemy. In the case when the heads of municipalities, enterprises or organizations will improperly perform their duties, they are suspended from their performance.
After the lifting of martial law, the decision to resume their work in the same place is taken by a civil court. If these persons were found to be in contact with the enemy and their agents in the territory where martial law is in effect (the essence of which is restrictions), they can be treated in accordance with the laws of wartime.
The activities of international organizations during this period (throughout the country) are also suspended or significantly limited. Similarly, the establishment of strict restrictions on entry into the country where the EaP has been introduced. In addition, the regulation on military service during this period provides for a ban on the draft of stateless persons and citizens of unfriendly states.
