Martial law: grounds for putting into operation in Ukraine

Abstract

The research is devoted to the legal regulation of the peculiarities of martial law in Ukraine. The norms of the Ukrainian legislation as to the imposition of martial law in Ukraine are studied. The concepts and grounds for the decision to declare martial law are given.

It is determined, that the grounds for the imposition of martial law in Ukraine are armed aggression, attack threat, and the danger of violating Ukrainian territorial integrity. Proposals for amendments to the legislation, governing the legal regime of martial law in Ukraine, have been identified. The Law of Ukraine On Defense of Ukraine and the Constitution of Ukraine is proposed to be supplemented with provisions that provide that martial law may be imposed only in the case of a declaration of war. The necessity of enshrining in the Law of Ukraine On the Legal Regime of Martial Law an exhaustive list of grounds for martial law has been proved. Armed aggression, the threat of attack, and the threat to the territorial integrity of Ukraine are recognized such grounds. The term "threat of attack" should be understood as conducting military exercises by another state near the borders of Ukraine, dangerous flight or maneuvering by an aircraft of another state within the territory of Ukraine, obstruction of navigation in the Kerch Strait, Black or Azov Seas in violation of international law. The term “threat of violation of territorial integrity” should be understood as the participation of citizens of other states in mass riots with demands for the withdrawal of certain regions from Ukraine, decision-making by the city, district, and regional council on announcing a referendum on the proclamation of a new state entity or withdrawal from the state.  In this case, martial law may be imposed in certain areas of Ukraine. It is necessary to distinguish the grounds for the imposition of martial law throughout Ukraine and in some areas