SENS explains the main aspects of the state of emergency, its difference from martial law, and connection with the decision of the National Security and Defense Council.
The state of emergency will be implemented by Presidential decree and after approval by the Verkhovna Rada for 30 days throughout Ukraine except for Donetsk and Luhansk regions, which have a separate regime.
The legal regime of the state of emergency is defined by Law 1550. Specifically, parliament works continuously (Art. 12), all state bodies operate as usual (Art. 9-13), military administrations, unlike martial law, are not introduced and the army is not deployed. The National Guard, SBU, and Military Law Enforcement are designated as military command and support regular authorities rather than replacing them (Art. 10,11).
Measures that may be implemented under this regime (Art. 16): establishing special entry and exit procedures, as well as restricting freedom of movement; limiting vehicle movement and their inspection; enhanced protection of public order and facilities; prohibition of mass events, except those banned by court decision; prohibition of strikes; forced alienation or seizure of property from legal entities and individuals.
Additionally, in this case, the following measures may be applied (Art. 18):
- implementation of curfew (prohibition to be on streets and in other public places without specially issued permits and ID documents during specified hours);
- checking documents and conducting personal searches, inspection of belongings, vehicles, luggage and cargo, office premises and citizens’ homes;
- prohibition for conscripts, military personnel, and reservists to change their place of residence without notifying the relevant authority
- temporary confiscation of registered firearms and cold weapons and ammunition from citizens, and training military equipment, explosive, radioactive substances and materials, poisonous and potent chemical substances from enterprises, institutions and organizations;
- prohibition of production and distribution of information materials that may destabilize the situation;
- regulation of civilian TV and radio centers, prohibition of amateur radio transmitting equipment and radio emission devices for personal and collective use;
- special rules for using communication and transmitting information through computer networks;
- raising questions, as defined by the Constitution and laws of Ukraine, about banning activities of political parties and public organizations in the interests of national security and public order, public health protection, or protection of rights and freedoms of other people.
Although weapon confiscation is provided for by law, it will not be implemented. Movement restrictions will only apply to Ukraine’s borders.
If property that was forcibly alienated from legal entities and individuals remains after the cancellation of the state of emergency regime, the former owner or their authorized representative has the right to demand the return of such property through court or request other property in exchange if possible. Otherwise, the value of the property will be compensated.
During the state of emergency, as in martial law, it is prohibited to make changes to the Constitution of Ukraine, hold elections, or referendums. Additionally, changes to election laws are prohibited (which is allowed under martial law).
SENS Consulting reminds that it has at least three military servicemen in operational reserve who are ready for mobilization. Due to this, legal services will be partially conducted remotely. Courts operate as usual under the state of emergency.
We also remind Russian Federation servicemen: every Russian invader on our land faces a quick but painful death.