ON MARTIAL LAW
V. V. Serebryannikov
International and home experience shows that at the time of war or direct threat of war, it is
necessary to centralize power, to strengthen interior order, to mobilize material and people
resources, and to subordinate all types of activity to the interests of repelling or preventing armed
attack against the country. The necessity of introducing special rules and standards of living and
activities of the state, society, and citizens has been taken into account since olden days. Special
laws on this matter were adopted in Ancient Rome, in the XVIII–XIX centuries in France, Germany,
Austria, and other European countries. In Tsarist Russia, Martial Law was announced on the
grounds of the rules and special decrees of 1892. In the USSR, there was no special law, but
Martial Law could be introduced according to an amendment to Article 49 of the Constitution.
Legislation of the majority of foreign countries consider Martial Law as a legal institution that
governs the emergency regime of executing state power in situations when normal functioning of
the society and state becomes impossible. This legislation is an inseparable element of a legal
state. In this meaning, the adoption of Martial Law represents an important step towards turning
Russia into a legal state. Being consecutively peaceful in its spirit, the Law contributes to the
strengthening of legal bases of the country's defence. The Law regulates the order of and grounds
for the introduction and cancellation of the regime of Martial Law, defines the powers of the bodies
of state power and local self-government, determines the role of the Armed Forces and other
power structures that are providing for the maintenance of this regime, and legal status of citizens
and organizations at the time of Martial Law.
Here two points are worth mentioning. Martial Law shall be introduced by the Order of the
President which is to be approved by the Federation Council within 48 hours, otherwise the Law
shall cease to be valid. Thus, the Parliament is granted a function of control. Furthermore, the Law
forces the President to give notice to the Secretary General of the Organization of the United
Nations and, via the Secretary General, to other 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 under International Treaties, in connection with limitation of citizens' rights
and freedoms. In order to execute International obligations, this means that the Martial Law shall
obtain support and recognition from the International Community.
The transfer of all spheres of life and activity of the society into a qualitative new state is impossible
without the generally accepted limitation of democracy, citizens' rights and strengthening of control
over society, information, mass media, etc. The special significance of the Law is that it sets limits
on the transformation of the power system, on the limitation of the legal status of citizens and
organizations "only to the extent that is necessary for the purposes of providing for defence and
security of the Russian Federation on the grounds envisaged by the Federal Constitutional Law
and Federal laws adopted in accordance with it".
The Law stipulates measures that prevent the country from turning into one military camp,
including prohibition of political organizations, political and information and propaganda activities,
that could undermine the defence potential of the country; expansion and strengthening of the role
of the state in regulating social and economic processes and relations, including the introduction of
limitations on carrying out economic and financial activities and property turnover. However, it
excludes an "emergency" that gives place to tyranny. The creation of any emergency bodies of
power is not envisaged. In general, the operating system of government is preserved. Only in the
places where military operations are conducted may the taking of measures of Martial Law be
entrusted to authorities of military command by the Order of the President. The powers of
government, federal bodies of executive power, executive authorities that are providing for the
regime of Martial Law and the activity of courts and prosecutor's office are stated in detail in the
Law. The questions of responsibility of the citizens for breaking standards and rules of Martial Law
for offences that damage defence shall be examined by courts of common jurisdiction according to
the Constitution and other Laws.
In accordance with the Law, the introduction of Martial Law is possible only in the case of military
aggression. At the same time, the Military Doctrine of the Russian Federation stipulates a rather
wide spectrum of interior dangers, including different forms of extremism, separatism, terrorism
and organized crime that can lead to armed operations aimed at seizing power. In this case, the
life of the country and functioning of the bodies of power shall be regulated by the Law on State of
Emergency.