Federal Constitutional Law
ON MARTIAL LAW
dated January 30, 2002 No. 1-ФКЗ
Adopted by the State Duma December 27, 2001
Approved by the Federation Council January 16, 2002
Summary:
This federal constitutional law specifies the conditions in which martial law can be
introduced and the conditions governing its operation. Martial law can be
introduced against the threat of or actual aggression against the Russian
Federation. The aim of its introduction is to repel or prevent external aggression.
The grounds for introducing martial law are detailed as are the means of doing so
and the nature of the martial law regime itself. Cooperation with local government
and forces are outlined as are the measures to be used in an area where martial
law has been introduced which range from censorship to evacuation to suspension
of political activity.
Powers of state bodies in the field are specified including: the role of the President;
the Federal Assembly; the Russian government; other federal bodies; and finally
the powers of courts in such circumstances.
The legal status of citizens and organisations during martial law are outlined as are
responsibilities for breaking the martial law legislation. The procedures for
cancelling martial law are also described.
Chapter I. General Provisions
(art. 1–4)
Chapter II. The Regime of Martial Law and its provision
(art. 5–10)
Chapter III. Powers of Bodies of State Authorities in the Field of Providing the
Regime of Martial Law and Peculiarities of Their Functioning at the Time of Martial
Law
(art. 11 –17)
Chapter IV. Legal Status of Citizens and Organizations at the Time of Martial Law
(art.18 –20)
Chapter V. Closing Provisions
(art. 21–23)
CHAPTER I. GENERAL PROVISIONS
Article 1. Martial Law
1. Martial Law means a special legal regime which is introduced on the territory of
the Russian Federation or in particular areas in accordance with the Constitution of
the Russian Federation by the President of the Russian Federation in case of
aggression against the Russian Federation or a direct threat of aggression.
2. The aim of introducing Martial Law is to create conditions for repelling or
preventing aggression against the Russian Federation.
3. The period of action of Martial Law shall start from the date and time of the
beginning of Martial Law which shall be determined by the Order of the President of
the Russian Federation on Introduction of Martial Law and shall end at the date and
the time of Cancellation (Cessation of Action) of Martial Law.
4. According to this Federal Constitutional Law, at the time of Martial Law the rights
and freedoms of the citizens of the Russian Federation, foreign citizens, individuals
without citizenship (hereinafter referred to as citizens), activity of organizations
irrespective of their organizational and legal forms and types of property, rights of
their officials may be limited to the extent that is necessary in order to provide for
the defense of the Country and the Security of the State. Additional responsibilities
may be entrusted to citizens, organizations and their officials.
5. The Armed Forces of the Russian Federation, other troops, military formations
and bodies that are fulfilling defense tasks (hereinafter referred to as the Armed
Forces of the Russian Federation, other troops, military formations and bodies)
shall be used for repelling or preventing aggression against the Russian Federation
according to Federal Laws and other legal regulation acts of the Russian
Federation and to commonly acknowledged standards and principles of the
International Law and International Treaties of the Russian Federation.
6. Upon the introduction of Martial Law on the territory of the Russian Federation or
in particular areas of the Country, full or partial mobilization shall be announced, if it
has not been announced before, according to Federal Laws and other legal
regulation acts of the Russian Federation.
Article 2. Legal Basis of Martial Law
The Legal Basis of Martial Law shall be the Constitution of the Russian Federation,
this Federal Constitutional Law, Federal laws and other legal regulation acts of the
Russian Federation adopted on its grounds, as well as generally acknowledged
principles and standards of International Law and International Treaties of the
Russian Federation in this sphere.
Article 3. Grounds for Introduction of Martial Law
1. According to part 2 article 87 of the Constitution of the Russian Federation the
ground for the introduction of Martial Law by the President of the Russian
Federation on the territory of the Russian Federation or in its particular areas shall
be aggression against the Russian Federation or a direct threat of aggression.
2. For the aims of this Federal Constitutional Law and in accordance with generally
acknowledged principles and standards of International Law, aggression against
the Russian Federation shall be considered to be the use of armed force by a
foreign state (group of states) against the sovereignty, political independence, and
territorial integrity of the Russian Federation or in any other way incompatible with
the UN Charter.
According to generally acknowledged principles and standards of International
Law,
acts of aggression against the Russian Federation shall be considered
irrespective of declaration of war upon the Russian Federation by a foreign state (a
group of states):
1) invasion or assault by the armed forces of a foreign state (a group of states)
against the territory of the Russian Federation, any military occupation of the
territory of the Russian Federation as a result of such invasion or assault, or any
other annexation of the territory of the Russian Federation or of its part, using
military force;
2) bombing the territory of the Russian Federation by the armed forces of a foreign
state (a group of states) or using of any other weapons against the Russian
Federation by a foreign state (a group of states);
3) blockade (siege) of ports and shores of the Russian Federation by the armed
forces of a foreign state (a group of states);
4) attack by the armed forces of a foreign state (a group of states) against the
Armed Forces of the Russian Federation and other troops irrespective of their
dislocation;
5) actions of a foreign state (a group of states) that allows another foreign state
(a group of states) to use its territory in order to perform an act of aggression
against the Russian Federation;
6) sending by a foreign state (a group of states) or on behalf of a foreign state (a
group of states) of armed gangs, groups, irregular forces or hirelings who use
armed force against the Russian Federation equal to those acts of aggression
mentioned in this subparagraph.
Acts of aggression against the Russian Federation may be also considered to be
other acts of using armed force by a foreign state (a group of states), aimed against
the sovereignty, political independence and territorial integrity of the Russian
Federation or in any other way incompatible with the UN Charter, equal to the
above mentioned acts of aggression.
3. For the purposes of this Federal Constitutional Law a direct threat of aggression
against the Russian Federation may be considered actions of a foreign state (a
group of states), that are taken in contradiction to the UN Charter, generally
acknowledged principles and standards of International Law and that give direct
evidence that
act of aggression against the Russian Federation, including
announcement of war to the Russian Federation, was prepared.
Article 4. Introduction of Martial Law
1. Martial Law shall be introduced on the territory of the Russian Federation or in
particular areas by the Order of the President of the Russian Federation.
The President of the Russian Federation shall immediately inform about the
introduction of Martial Law the Federation Council of the Federal Assembly of the
Russian Federation (hereinafter referred to as the Federation Council) and the
State Duma of the Federal Assembly of the Russian Federation (hereinafter
referred to as the State Duma).
2. The following shall be defined in the Order on Martial Law issued by the
President of the Russian Federation:
circumstances that formed the grounds for the introduction of Martial Law;
date and time from which Martial Law starts to be valid;
boundaries of the territory where Martial Law is introduced.
3. The Order on Introduction of Martial Law, issued by the President of the Russian
Federation, shall be immediately promulgated on the radio and television and shall
be immediately officially published.
4. The Order on Introduction of Martial Law, issued by the President of the Russian
Federation, shall be immediately submitted for approval by the Federation Council.
5. The question on adopting The Order on Introduction of Martial Law, issued by
the President of the Russian Federation, shall be decided by the Federation
Council within 48 hours since the Order was received.
In the case in which extraordinary or inevitable circumstances do not allow there to
be held a meeting of the Federation Council at the appointed time, then such a
question may be examined later than the time indicated in the first abstract of this
subparagraph.
6. The decision on adopting The Order on Introduction of Martial Law, issued by the
President of the Russian Federation, shall be supported by the majority of votes
from the total number of members of the Federation Council and shall be
formulated in a relevant resolution.
In the case in which The Order on Introduction of Martial Law, issued by the
President of the Russian Federation, is not adopted by the Federation Council, this
decision shall be formulated in the resolution of the Federation Council.
See:
Regulations of the Federation Council of the Federal Assembly of the
Russian Federation, adopted by Resolution No. 42-ФЗ of the Federation Council of
the Federal Assembly of the Russian Federation, dated February 6, 1996.
7. An Order on Introduction of Martial Law, issued by the President of the Russian
Federation, which was not adopted by the Federation Council shall cease to be
valid from the next day after the decision was taken. The inhabitants of the Russian
Federation or of relevant particular areas of the Russian Federation shall be
informed about it in the same order as it was informed about the introduction of
Martial Law.
CHAPTER II. THE REGIME OF MARTIAL LAW AND ITS PROVISION
Article 5. The Regime of Martial Law
1. The regime of Martial Law shall be defined by this Federal Constitutional Law
and shall comprise a complex of economic, political, administrative, military and
other measures that are aimed at creating conditions in order to repel or prevent
aggression against the Russian Federation.
2. Measures that are envisaged by Article 7 of this Federal Constitutional Law shall
be used only on the territory where Martial Law is introduced.
3. Measures that are envisaged by Article 8 of this Federal Constitutional Law may
be used upon the introduction of Martial Law in the order determined by Federal
laws and other legal regulation acts of the Russian Federation either on the territory
where Martial Law is introduced or on the territories where Martial Law is not
introduced.
Article 6. Provision of the Regime of Martial Law
1. The regime of Martial Law shall be provided by the bodies of state authorities
and the bodies of military command in accordance with the powers entrusted to
them by this Federal Constitutional Law, other Federal laws and other legal
regulation acts of the Russian Federation by the way of taking measures envisaged
by this Federal Constitutional Law.
2. Measures that are envisaged by paragraph 2 Article 7 of this Federal
Constitutional Law shall be used by Federal bodies of executive authority,
executive authorities of the bodies of the Russian Federation and authorities of
military command
according to the Orders of the President of the Russian
Federation.
3. Bodies of local self government shall cooperate with the bodies of state power
and authorities of military command in providing for the regime of Martial Law.
Article 7. Measures to Be Used in the Territory where Martial Law Has Been
Introduced
1. According to Federal laws and other legal regulation acts of the Russian
Federation, the following measures shall be taken on the territory where Martial
Law was introduced—measures in order to organize production (work, services) for
state needs, to provide for the Armed Forces of the Russian Federation, other
troops, military formations and bodies, special formations used for the time of war
(hereinafter referred to as special formations) and for the needs of society.
2. On the basis of the Orders of the President of the Russian Federation the
following measures are taken on the territory where Martial Law is introduced:
1) to strengthen maintenance of public order and provision of national security,
guarding of military, important state and special institutions, institutions that provide
for vital functions of society, transport operations, communications and signal
service, institutions of power engineering, as well as establishments that are of
higher danger for people's life and health and for the environment;
2) to introduce a special regime of work of institutions that provide for the operation
of transport, communications and signal service, institutions of power engineering,
as well as establishments that are of higher danger for people's life and health and
for the environment;
3) to evacuate institutions of agricultural, social and cultural purpose as well as to
temporarily settle out inhabitants to safe regions with obligatory supply of
permanent or temporary dwellings;
4) to introduce and provide for a special regime of entrance into the territory where
Martial Law is introduced and departure from it as well as limitation of movement
on this territory;
5) to suspend the activity of political parties, other public organizations, religious
missions that propagandize and/or agitate and carry out any other activity that
jeopardize defense and security of the Russian Federation at the time of Martial
Law;
6) to call citizens in the order envisaged by the Government of the Russian
Federation to do work for the needs of defense, liquidate sequels after the enemy
used weapons, restore damaged (destroyed) establishments of economics, lifesupport systems and military institutions as well as to take part in struggle with fire,
epidemic and epizootic;
7) to seize property necessary for the needs of defense from organizations and
individuals with further repayment for its cost by government according to Federal
Laws;
8) to forbid or limit the choice of the place of residence or stay;
9) to ban or limit meetings, rallies, demonstrations, processions, picketing, as well
as any other mass events;
10) to ban strikes and other ways of suspending or stopping the activity of
organizations;
11) to limit the movement of transport means and to examine them;
12) to forbid the citizens to be in the streets and any other public places at a
definite time of day and to grant Federal bodies of executive power, executive
authorities of the bodies of the Russian Federation, and authorities of military
command the right to verify identity documents, to carry out personal search, to
search
belongings, dwellings and transport means, if necessary, and on the
grounds envisaged by the Federal Law—to detain citizens and transport means.
But the term of detention of citizens shall not exceed 30 days;
13) to ban sales of arms, ammunition, explosive and poisonous substances, to set
up a special regime of turnover of medicine and drugs containing narcotic and other
drastic substances, alcohol drinks. In cases envisaged by federal laws and other
legal regulation acts of the Russian Federation, arms, ammunition, explosive and
poisonous substances shall be confiscated from citizens and along with arms,
ammunition, explosive and poisonous substances; battle and educational military
equipment and radioactive substances shall be confiscated from organizations;
14) to introduce control over work of establishments that provide for functioning of
the transport, communications and signal service, publishing houses, calculation
centers and automatic systems, mass media, to use their work for the needs of
defense; to ban the work of transmitting and receiving personal radio stations;
15) to introduce military censorship over mail and messages transmitted via
telecommunications means and to introduce control over telephone negotiations, to
create bodies of censorship that are directly dealing with the above mentioned
questions;
16) to intern (isolate) the rights of citizens of a foreign state that is in the state of
war with the Russian Federation, according to commonly acknowledged principles
and standards of International Law;
17) to forbid or limit the departure of citizens outside the territory of the Russian
Federation;
18) to introduce additional measures that are aimed at strengthening the regime of
secrecy in the bodies of state power, other state agencies, authorities of military
command, bodies of local self government and organizations;
19) to cease the activity of foreign and international organizations in the Russian
Federation if law enforcement agencies have reliable information that the
abovementioned organizations carry out activity aimed at undermining the defense
and security of the Russian Federation.
3. Measures that are envisaged by subparagraph 16 paragraph 2 of this Article
may be taken at the time of Martial Law only in case of aggression against the
Russian Federation.
4. Referenda and elections to bodies of state power and bodies of local selfgovernment shall not be conducted on the territory where Martial Law is introduced.
5. Federal laws and other legal regulation acts of the Russian Federation that are
governing the use of measures envisaged by paragraphs 1 and 2 of this Article
may be adopted either in the time of Martial Law or before it is introduced.
Article 8. Other Measures to be Taken at the Time of Martial Law
1. At the time of Martial Law the following measures may be envisaged by Federal
Laws and other legal regulation acts of the Russian Federation aimed at producing
goods (carrying out work, services) for state needs, provision of the Armed Forces
of the Russian Federation, other troops, military formations and bodies, special
formations and for the needs of people: measures connected with the introduction
of temporary limitations on economic and financial activity, turnover of property,
free movement of goods, services and
financial means; limitations on search,
receipt, transfer, production and distribution of information; the following may be
temporarily changed: forms of property, the order and conditions of bankruptcy
procedures, regime of labor activity; peculiarities of financial, tax, customs and
bank regulations may be set either on the territory where Martial Law is introduced
or on the territories where Martial Law is not introduced.
2. Federal laws and other legal regulation acts of the Russian Federation that are
envisaged by paragraphs 1 of this Article may be adopted either in the time of
Martial Law or before it is introduced.
Article 9. Enlisting of the Armed Forces of the Russian Federation, Other Troops,
Military Formations and Bodies in order to provide for the Regime of Martial Law
1. The Armed Forces of the Russian Federation, other troops, military formations
and bodies may be enlisted to provide for the regime of Martial Law in the order
envisaged by legal regulation acts of the President of the Russian Federation.
2. For the provision of the regime of Martial Law the Armed Forces of the Russian
Federation, other troops, military formations and bodies shall perform the following
tasks:
1) to support a special regime of entrance to the territory where Martial Law is
introduced and a special regime of departure from it, and to limit the freedom of
movement on it;
2) to take part in rescue and evacuation of the inhabitants, to carry out emergency
and rescue and other urgency work, to struggle with fire, epidemic and epizootic;
3) to guard military, important state and special institutions, establishments that are
providing for the vital activity of people, operation of transport, communications and
signal service, power engineering institutions and establishments that are of higher
danger for people's life and health and for the environment;
4) to stop activity of illegal armed formations, terrorist and subversive activity;
5) to maintain public order and provide for the National security;
6) to participate in taking other measures in order to provide for the regime of
Martial Law.
Article 10. Provision of Martial Law on the Territory where Military Operations are
conducted
1. Taking measures that are envisaged by paragraph 2 Article 7 of this Federal
Constitutional Law may be entrusted to authorities of military command under the
Order of the President of the Russian Federation on the territory where military
operations are conducted and where Martial Law is introduced, according to this
Federal Constitutional Law.
2. The boundaries of the territory defined in paragraph 1 of this Article and the
powers of the authorities of military command from the list of powers envisaged by
paragraph 2 Article 14 of this Federal Constitutional Law shall be determined by the
Order of the President of the Russian Federation.
CHAPTER III. POWERS OF BODIES OF STATE AUTHORITIES IN THE FIELD
OF PROVIDING THE REGIME OF MARTIAL LAW AND PECULIARITIES OF
THEIR FUNCTIONING AT THE TIME OF MARTIAL LAW
Article 11. The Powers of the President of the Russian Federation in the sphere of
provision of Martial Law
The President of the Russian Federation shall:
1) manage the organization in order to provide for the regime of Martial Law;
2) provide coordinated operation and cooperation of the bodies of state power in
order to provide for the regime of Martial Law;
3) control the taking of measures to provide for the regime of Martial Law;
4) determine according to this Federal Constitutional Law measures to provide for
the regime of
Martial Law that shall be taken by Federal bodies of executive
power, executive authorities of the bodies of the Russian Federation and authorities
of military command on the territory where Martial Law is introduced, as well as
powers of the said bodies to take such measures;
5) define tasks and determine the order of enlisting The Armed Forces of the
Russian Federation, other troops, military formations and bodies to provide for the
regime of Martial Law;
6) suspend the activity of political parties, other public associations, religious
formations that conduct propaganda and/or agitation and any other activity that
undermine defense and security of the Russian Federation at the time of Martial
Law;
7) put bans and limitations on meetings, rallies, demonstrations, processions,
picketing, as well as any other mass events;
8) ban strikes and other ways of suspending or stopping the activity of
organizations;
9) determine the order of military service at the time of Martial Law;
10) take necessary measures to stop or suspend the action of International
Treaties of the Russian Federation with a foreign state (a group of states) that
committed an act of aggression against the Russian Federation and/or states that
are allies to it;
11) cease activity of foreign and international organizations in the Russian
Federation if law enforcement agencies have reliable information that the above
mentioned organizations carry out activity aimed at undermining defense and
security of the Russian Federation;
12) set a special regime of operation of institutions that provide for the operation of
transport, communications and signal service, institutions of power engineering, as
well as establishments that are of higher danger for people's life and health and for
the environment;
13) adopt regulations on Federal bodies of executive power that the President is
managing.
Article 12.
The Powers of Chambers of Federal Assembly of the Russian
Federation in the Field of Providing for Martial Law
1. Federation Council shall:
1) consider Federal Laws on the Matters of Providing for the Regime of Martial
Law, adopted by the State Duma;
2) consider Federal Laws, adopted by the State Duma, on the Matters of Stopping
or Suspending International Treaties of the Russian Federation with a foreign state
(a group of states) that committed an act of aggression against the Russian
Federation and with the states that are allies to this foreign state (a group of
states).
2. The State Duma shall:
1) adopt Federal Laws on the matters of providing the Regime of Martial Law;
2) adopt Federal Laws on the Matters of Stopping or Suspending International
Treaties of the Russian Federation with a foreign state (a group of states) that
committed an act of aggression against the Russian Federation and with the states
that are allies of this foreign state (a group of states).
Article 13. The Powers of the Government of the Russian Federation in the Sphere
of providing for the Regime of Martial Law
1. The Government of the Russian Federation shall:
1) govern within the scope of its competence the activity of Federal bodies of
executive power, executive authorities of the bodies of the Russian Federation and
organizations in order to provide for the regime of Martial Law;
2) organize elaboration and provide for taking measures aimed at production of
goods (carrying out work, rendering services) for state needs, provision of the
Armed Forces of the Russian Federation, other troops, military formations and
bodies, special formations and for people's needs;
3) determine the order of concluding agreements (contracts) on fulfilling tasks
(orders) by organizations with the view to provide for defense and security of the
Russian Federation, as well as the order of cancellation of previous agreements
(contracts);
4) organize the work to provide for the needs of the state at the time of Martial Law
with the use of material, technical, labor and other resources; organize the
elaboration of a military and economic plan;
5) adopt regulations on Federal bodies of executive power that it governs.
2. Proceeding from the interests of providing defense and security of the Russian
Federation, the Chairman of the Government of the Russian Federation shall
submit to the President of the Russian Federation proposals on the structure of
Federal bodies of executive power for the period of Martial Law.
Article 14. The Powers of Federal Bodies of Executive Power in the Sphere of
providing for the Regime of Martial Law
1. To provide for the regime of Martial Law, Federal bodies of executive power
shall execute the following powers within their competence:
1) to organize production of goods (work, services) for the needs of the state,
provision of the Armed Forces of the Russian Federation, other troops, military
formations and bodies, special formations and for people's needs;
2) to organize provision (if necessary, rationing) of inhabitants with foodstuffs and
commodities and medical service;
3) to regulate the activity of organizations of industry, trade, public catering,
consumer services and municipal services;
4) to announce via mass media to the inhabitants where Martial Law is introduced
about the order of taking measures envisaged by this Federal Constitutional Law.
2. To implement measures envisaged by subparagraph 2 Article 7 of this Federal
Constitutional Law, Federal bodies of executive power shall execute the following
powers according to the Orders of the President of the Russian Federation:
1) to maintain public order and provide for national security, to guard military,
important state and special institutions, institutions that provide for vital functions of
society, transport operations, communications and signal service, institutions of
power engineering, as well as establishments that are of higher danger for people's
life and health and for the environment;
2) to evacuate institutions of agricultural, social and cultural purpose as well as to
temporarily settle out inhabitants to safe regions with obligatory supply of
permanent or temporary dwellings;
3) to introduce and provide for a special regime of entrance into the territory where
Martial Law is introduced and departure from it as well as limitation of movement
on this territory;
4) to call citizens in the order envisaged by the Government of the Russian
Federation to do work for the needs of defense, liquidate sequels after the enemy
used weapons, restore damaged (destroyed) establishments of economics, lifesupport systems and military institutions as well as to take part in struggle with fire,
epidemic and epizootic;
5) to seize transport means and other property necessary for the needs of defense
from organizations and individuals with further repayment for its cost by the
government according to Federal Laws;
6) to forbid or limit the choice of the place of residence or stay on the territory
where Martial Law is introduced;
7) to limit the movement of transport means and to examine them;
8) to forbid the citizens to be in the streets and any other public places at a definite
time of day and to grant Federal bodies of executive power, executive authorities of
the bodies of the Russian Federation and authorities of military command the right
to verify identity documents, to carry out personal search, to search belongings,
dwellings and transport means, if necessary, and on the grounds envisaged by the
Federal Law—to detain citizens and transport means;
9) to ban sales of arms, ammunition, explosive and poisonous substances, to set
up a special regime of turnover of medicine and drugs containing narcotic and other
drastic substances, alcohol drinks. In cases envisaged by federal laws and other
legal regulation acts of the Russian Federation, arms, ammunition, explosive and
poisonous substances shall be confiscated from citizens and along with arms,
ammunition, explosive and poisonous substances; battle and educational military
equipment and radioactive substances shall be confiscated from organizations;
10) to introduce control over work of establishments that provide for functioning of
the transport, communications and signal service, publishing houses, calculation
centers and automatic systems, mass media, to use their work for the needs of
defense; to ban the work of transmitting and receiving personal radio stations;
11) to introduce military censorship over mail and messages transmitted via
telecommunications means and to introduce control over telephone negotiations, to
create bodies of censorship that are directly dealing with the above mentioned
questions and to determine the powers of such bodies;
12) to provide for executing the Orders of the President of the Russian Federation
on suspension of the activity of political parties, other public organizations, religious
missions that propagandize and/or agitate and carry out any other activity that
jeopardize defense and security of the Russian Federation at the time of Martial
Law;
13) to intern (isolate) the rights of citizens of a foreign state that is in the state of
war with the Russian Federation, according to commonly acknowledged principles
and standards of International Law;
14) to forbid or limit the departure of citizens outside the territory of the Russian
Federation;
15) to introduce additional measures that are aimed at strengthening the regime of
secrecy in the bodies of state power, other state agencies, authorities of military
command, bodies of local self government and organizations;
16) to determine the order and storing place of confiscated weapons, ammunition,
explosive and poisonous substances, military battle and educational equipment
and radioactive substances;
17) to introduce on the territory where Martial Law is introduced a special regime of
work of institutions that provide for the operation of transport, communications and
signal service, institutions of power engineering, as well as establishments that are
of higher danger for people's life and health and for the environment;
18) to provide for the implementation of the Orders of the President of the Russian
Federation on discontinuance of activity of foreign and international organizations in
the Russian Federation if law enforcement agencies have reliable information that
the abovementioned organizations carry out activity aimed at undermining defense
and security of the Russian Federation.
3. Federal bodies of executive power, their territorial bodies and officials that are
providing for the regime of Martial Law shall issue within their competence legal
regulation acts on the matters of their activity, compulsory for implementation by
executive authorities of the bodies of the Russian Federation, bodies of local selfgovernment, organizations and their officials and citizens.
Article 15.
The Powers of Executive Authorities of the Bodies of the Russian
Federation in the Sphere of Providing for the Regime of Martial Law
1. On the territory where Martial Law is introduced, Executive authorities of the
bodies of the Russian Federation shall execute the following powers within their
competence:
1) to organize production of goods (work, services) for the needs of the state,
provision of the Armed Forces of the Russian Federation, other troops, military
formations and bodies, special formations and for people's needs;
2) to organize provision (if necessary, rationing) of inhabitants with foodstuffs and
commodities and medical service;
3) to regulate the activity of organizations of industry, trade, public catering,
consumer services and municipal services;
4) to announce via mass media to the inhabitants where Martial Law is introduced
about the order of taking measures envisaged by this Federal Constitutional Law;
5) to assist Federal bodies of executive power and authorities of military command
in taking measures envisaged by this Federal Constitutional Law.
2. According to the Orders of the President of the Russian Federation, executive
authorities of the bodies of the Russian Federation shall be enlisted in order to take
measures foreseen by paragraph 2 Article 7 of this Federal Constitutional Law and
shall be granted powers envisaged by paragraph 2 Article 14 of this Federal
Constitutional Law.
3. executive authorities of the bodies of the Russian Federation that are providing
for the regime of Martial Law shall issue within their competence legal regulation
acts on the matters of their activity, compulsory for implementation by executive
authorities of the bodies of the Russian Federation, bodies of local selfgovernment, organizations and their officials and citizens.
Article 16.
The Activity of Courts, Prosecutor's Offices on the Territory Where
Martial Law Is introduced
1. The courts set up according to the Constitution of the Russian Federation and
Federal Constitutional Laws shall function on the territory where Martial Law is
introduced. Justice is administered in accordance with the Constitution of the
Russian Federation, Federal Constitutional Laws and other Federal Laws.
2. If it is impossible for the courts that are functioning on the territory where Martial
Law is introduced to administer justice, then according to the decision of the
Supreme Court of the Russian Federation or the High Arbitration Court of the
Russian Federation and within their competence territorial jurisdiction of cases that
are examined by courts may be changed.
3. The activity of Prosecutor's offices of the Russian Federation shall be conducted
according to the Constitution of the Russian Federation and Federal Laws on the
territory where Martial Law is introduced.
Article 17. Peculiarities of Activity of the Bodies of State Power at the Time of
Martial Law
1. At the time of Martial Law:
According to the Order of the President of the Russian Federation, Federal bodies
of executive power, that are governing the questions of provision of defense and
security of the Russian Federation and the regime of Martial Law, may be
determined;
According to the Order of the President of the Russian Federation, functions and
powers of Federal bodies of executive power may be re-assigned with the view to
provide for the interests of maintenance of defense and security of the Russian
Federation and the regime of Martial Law.
2. Upon the introduction of Martial Law, Federal bodies of state power and
executive authorities of the bodies of the Russian Federation in which the order of
executing powers and the procedure of activity are governed by regulations,
adopted by them, shall make necessary amendments to the above mentioned
regulations, taking into account peculiarities of the regime of Martial Law.
CHAPTER IV. LEGAL STATUS OF CITIZENS AND ORGANIZATIONS AT THE
TIME OF MARTIAL LAW
Article 18. Legal Status of Citizens at the Time of Martial Law
1. At the time of Martial Law citizens shall enjoy all the rights and freedoms of a
person and a citizen that are envisaged by the Constitution of the Russian
Federation with the exception of the rights and freedoms that are limited by this
Federal Constitutional Law and other Federal Laws.
2. The citizens shall fulfil the requirements of this Federal Constitutional Law, other
Federal Laws and legal regulation acts of the Russian Federation on the matters of
Martial Law.
3. Citizens, who are on the territory where Martial Law is introduced, shall:
1) fulfil requirements of Federal bodies of executive power, executive authorities of
the bodies of the Russian Federation, authorities of military command, that are
providing for the regime of Martial Law, and their officials and render assistance to
such bodies, authorities and officials;
2) appear on call to Federal bodies of executive power, executive authorities of the
bodies of the Russian Federation, authorities of military command, that are
providing for the regime of Martial Law, and to Military Commissariats of the
districts, cities without district division, other municipal (administrative and
territorial) formations on the territories of which the above mentioned citizens
reside;
3) fulfil requirements that are stated in instructions given to them, summons and
resolutions of Federal bodies of executive power, executive authorities of the
bodies of the Russian Federation, authorities of military command, that are
providing for the regime of Martial Law, and their officials;
4) participate in the order determined by the Government of the Russian Federation
in doing jobs for the needs of defense to liquidate the sequels after the enemy used
weapons, restore damaged (destroyed) establishments of economics, life-support
systems and military institutions as well as to take part in struggle with fire,
epidemic and epizootic;
5) give property that is necessary for the needs of defense and that is in their
possession with further repayment of its cost by the Government, according to
Federal Laws.
According to Federal Constitutional Law No. 1-ФКЗ, dated February 26, 1997, the
activity of the Commissioner of Human rights in the Russian Federation shall not be
suspended
Article 19. Legal Status of Organizations at the Time of Martial Law
1. At the time of Martial Law the rights of organizations and their officials may be
limited only to the extent that is necessary for the purpose of providing for defense
and security of the Russian Federation and on the grounds that are envisaged by
this Federal Constitutional Law and Federal Laws adopted in accordance with it.
2. Organizations that are on the territory where Martial Law is introduced shall fulfil
the requirements of Federal bodies of executive power, executive authorities of the
bodies of the Russian Federation, authorities of military command, that are
providing for the regime of Martial Law, and their officials and render assistance to
such bodies, authorities and officials.
3. At the time of Martial Law organizations shall:
1) give property that is necessary for the needs of defense and that is in their
possession with further repayment of its cost by the Government, according to
Federal Laws;
2) implement tasks (orders) aiming at providing for defense and security of the
Russian Federation in accordance with agreements (contracts) signed.
Article 20. Responsibility for Breaking the Legislation of the Russian Federation on
Martial Law
The guilty shall bear responsibility according to the Legislation of the Russian
Federation for breaking the provisions of this Federal Constitutional Law, other
Federal Laws and legal regulation acts of the Russian Federation on the matters of
Martial Law and for offenses committed at the time of Martial Law.
CHAPTER V. FINAL PROVISIONS
Article 21. Cancellation (Termination) of Martial Law
1. Martial Law that has been introduced on the territory of the Russian Federation
or in its particular regions according to this Federal Constitutional Law, shall be
cancelled by the Order of the President of the Russian Federation after the grounds
for its introduction were eliminated and the inhabitants of the Russian Federation or
relevant particular regions shall be informed about it in the same order as they were
informed about the introduction of Martial Law.
2. Martial Law shall cease in case foreseen by paragraph 7 Article 4 of this Federal
Constitutional Law.
3. From the moment of cancellation (termination) of Martial Law legal regulation
acts that were adopted in order to provide for the regime of Martial Law shall be
invalid and shall be cancelled by the bodies that issued them.
4. From the moment of cancellation (termination) of Martial Law Federal bodies of
executive power, executive authorities of the bodies of the Russian Federation,
authorities of military command shall cease to have powers of providing for the
regime of Martial Law in the order defined by the President of the Russian
Federation.
Article 22. Giving Notice to and Informing the Organization of the United Nations
and the Council of Europe on the Introduction and Cancellation (Termination) of
Martial Law
1. In the case that Martial Law is introduced on the territory of the Russian
Federation or in its particular regions the President of the Russian Federation,
executing International duties of the Russian Federation, shall take measures to
give Notice to Secretary General of the Organization of the United Nations (and via
Secretary General of all Member States of the Organization of the United Nations)
and inform Secretary General of the Council of Europe that the Russian Federation
deviates from its duties, that were taken in accordance with International Treaties,
in connection with limitations of rights and freedoms of citizens.
2. The President of the Russian Federation, executing International duties of the
Russian Federation, shall take measures to give Notice to the Secretary General of
the Organization of the United Nations (and, the via Secretary General, to all
Member States of the Organization of the United Nations) and inform the Secretary
General of the Council of Europe on the date when the Russian Federation stop
deviation from duties mentioned in paragraph 1 of this Article in connection with
cancellation (termination) of Martial Law.
Article 23. Entry into force of this Federal Constitutional Law
This Federal Constitutional Law shall enter into force from the day of its official
publication.
President of the Russian Federation
V. Putin