Upon the occurrence of certain adverse circumstances endangering the existence of the state or the safety of its citizens, according to the legislation of most countries can be used under martial law.What it is?Under what specific circumstances it may be introduced?How are you with the need to maintain?In general, let's find out what it means to martial law.
total essence of the term
Martial law - is the introduction of a special regime of legal relations in the country, which are intended to ensure the continued vitality of the state and the protection of its citizens in certain extreme conditions.
The most common reason for introducing this measure is external aggression or its threat.But history is known and a lot of cases, when internal strife introduced martial law regime.This was explained by the need to protect civilians and ensure preservation of the constitutional order.Such precedents have occurred in the United States and in many European countries.
In most modern countries for the introduction of martial law does not answer the army leadership and the head of state.But most of the mandatory approval of this decision by parliament.In some cases, the legislature takes the initiative to introduce a special regime for themselves.
often under martial law provide extra powers of the central government to ensure better operational management of the situation, as well as some reduction in the list of rights and freedoms of citizens.
This is the most typical causes and consequences of martial law, which are identical to most countries of the world.Now take a look at the conditions and the introduction of martial law in some states, know what their nuances, as well as focus on specific historical precedents.
Martial law in the legislation of the Russian Federation
The territorial boundaries of the Russian Federation of conditions of the order of administration, and the mode of action establishes a special law "On Martial Law", adopted in January 2002.It was approved by Parliament in December 2001.
This act specifies the entire mechanism of the introduction of martial law in Russia, the foundation, the reasons, the order of its actions, as well as the conditions of the withdrawal.
when introduced martial law in Russia?
martial law provides for the introduction of this mode only in case of external aggression of a foreign state or threat of attack.Internal reasons as an excuse for the use of this tool are excluded.For this case, provided the state of emergency.
right to impose martial law in the country in the event of the existence of the necessary grounds for a president of the Russian Federation.He does this by issuing the decree.Since it is mandatory should be instructed to immediately parliamentary Duma and Federation Council.Federation Council must approve or reject the decree.
mandatory attribute of this document is the cause of the introduction of martial law, the territory to which it applies, the exact date of the commencement of the regime.
What does the military situation in Russia?
From the moment, which is indicated in the decree becomes effective martial law.What does this mean for ordinary Russians?What they need to know?
First of all martial law - the restriction of certain rights and freedoms.Namely, the ban becomes effective meetings, rallies, strikes.The activities of political parties and other political organizations in the territory where martial law.In addition, the right to impose restrictions on the movement of citizens and the movement via the vehicles used curfew, up to a total ban on the entry of certain territories.The term of detention to ascertain the circumstances increased to 30 days.However, the longer this time you will not have the right to keep.
But not only such actions implies an imposition of martial law.That is not just a series of measures related to the restriction of freedoms, proving the presence of the Law and other items.First of all - the establishment of special regimes in the strategically important objects, and if necessary - and the evacuation of the latter.
also provides isolation of the citizens of a belligerent state with Russia, which are at the moment fighting on its territory.And this is done not only to national security, but also to ensure the integrity of the aliens themselves.
also introduces censorship, and in some cases limited the Russians travel abroad.
But the main point of this law is the possibility of involvement of the armed forces for law enforcement.
cancellation of martial law in Russia
military situation in the Russian Federation, as well as its administration, may be revoked by the decree of the President.This is done if the head of state decides that circumstances have forced to the introduction of a special regime, eliminated.Also, the military situation is canceled if it is not approved, the Federation Council.Other methods of removing the special regime is not a law.
Precedents imposition of martial law in the territory of Russia
In the days of the Russian Empire such terms as "state of war" existed, but it was identical to the term - "state protection".Entering this mode in areas close to the front of military operations, as well as in the provinces covered by the popular indignation.Especially a lot of precedents for the protection of the state was in 1905-1906, when the country was gripped by the revolutionary movement.
In Soviet times, the term "state of war" came into the country's legislation.The right to its introduction had only Presidium of the Supreme Soviet of the USSR.But he took advantage of this power only during the Great Patriotic War.Then martial law was introduced in the occupied territories, and the front-line, as well as the strategically important objects.
cases of application of martial law in the Russian Federation
Since the founding of the Russian Federation to the present time in its territory martial law never introduced.Even during the Chechen war in the territories covered by the fighting, it was introduced only a state of emergency and counter-terrorist operation.However, on the territory controlled by the rebels martial law introduced Dzhokhar Dudayev, but he did it not as the head of the Russian Federation, as well as president of independent Ichkeria.
military situation in Ukraine
Now let's look at what the situation in the other countries impose martial law.What is it, for example, Ukraine?
Ukrainian law there is also this notion.It regulates the "Law on the legal regime of martial law."This act was passed by the Verkhovna Rada as early as 2000, but after that he did not once been altered, the last of which was made in May 2015, in connection with the fighting in the Donbas and greatly increased the probability to apply martial law.What does this mean in the light of the new law?
Innovations in Ukrainian legislation
So, under Ukrainian law, martial law may be introduced not only because of external aggression but also due to circumstances that threaten the independence or territorial integrity of the country.
decision to introduce this mode takes the president, but claims it mandatory Verkhovna Rada.Action martial law may be distributed on the entire country, and in its individual parts.
According to this law, the introduction of the regime is possible a significant limitation of rights and freedoms.Primarily limited the right to freedom of movement, introduced the hard passport regime and curfews.Also, if necessary, it can be introduced compulsory labor service to the needs of the defense industry.
The legislation provides for the prohibition of activities of political parties, of the Internet, television and other sources of information.
In addition, the opportunity is secured evacuation of the places of hostilities and the duty of the inhabitants of settlements, which will be relocation of refugees to provide everything you need.
restrictions on human rights, which will take place in the framework of the legislation in the case of introducing special treatment in international courts can not be appealed.
That's what the military situation on the Ukrainian legislation.
military situation in Belarus
now look at how the legislation of the Republic of Belarus looks at the state of war.What is it according to the laws of this country?
In Belarus legislative act "On Martial Law" still in 2003.According to him the reason for the introduction of a special regime is attacking another state or threat of war on his part.But it is also an occasion to launch into action martial law can be considered the existence of seats of armed conflict against the state.Thus, the law can be formally used not only against the external enemy.
Martial law shall enter into force on the basis of the presidential decree, but with mandatory approval within three days of the Council of the Republic.In the first article of the law states that in the event of the introduction of this regime provides for certain restrictions on the rights and freedoms of citizens and laying on additional responsibilities.
cancellation of martial law should be president after the publication of the decree.
military situation in other countries
So far we have only talked about the post-Soviet countries.But in foreign countries applied the martial law?What is it, for example, for residents of Spain or the United States?
must be said that the law on the military situation in the majority of democratic countries is very similar.So there is a fundamental difference when compared with the laws of Russia, Ukraine and Belarus.As in other countries: in the event of martial law envisages cuts in human rights and freedoms.The only difference is in the magnitude of these restrictions.
The only fundamental difference in the laws of different countries - it is possible to apply martial law in the event of internal conflict.The laws of some countries allow this and others allow the introduction of this regime only if the existence of external aggression.Thus, martial law was introduced at different times in the domestic protests in the United States, France and Poland.
should also be noted that the Spanish-speaking countries often legislated different term - namely, the "state of siege".
If we talk about the countries where there is a rigid dictatorship, and there the process of introducing martial law is much easier and actually depends on the will of one man.And the restriction of the rights and freedoms of the introduction of such a regime is much stricter than in democratic countries.
overall results
Of course, it would be martial law had never been applied.But, as practice shows, is it safe and have available a ready-made plan in case of threats to the independence and integrity of the country, than to take the relevant laws in a hurry.
Of course, the law on the introduction of martial law, virtually every country provides for certain restrictions on rights and freedoms of its citizens, but it's still an inevitable step in the external aggression.
