A bill on introducing a state of emergency in the East of Ukraine has been registered

Kyiv, April 07 (Navigator, Vladimir Mikhailov) – A draft Resolution on the need to introduce a state of emergency in the Donetsk, Lugansk and Kharkov regions has been registered in the Verkhovna Rada of Ukraine.

The author of the bill was MP Nikolai Rudkovsky. The text of the bill is not yet available.

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Let us remind you that according to the Law of Ukraine “On the Legal Regime of a State of Emergency”, in order to introduce a state of emergency, the National Security and Defense Council of Ukraine (NSDC) must submit a corresponding proposal to the President of Ukraine, after which the President must appeal through the media or in another way to a group of individuals, organizations, institutions, who are the initiators or participants in actions that may be a reason for introducing a state of emergency, with a requirement to stop illegal actions within the period established in the appeal and a warning about the possibility of introducing a state of emergency. Without such warning, a state of emergency can only be declared under conditions requiring urgent measures to save the population or prevent loss of life.

According to one of the experts interviewed by a Navigator correspondent, now the introduction of a state of emergency in the form as provided for by the Law of Ukraine “On the Legal Regime of a State of Emergency” will not bring the desired effect. Targeted measures may be more effective, incl. passport control, movement control, etc., which can be used without the adoption of a law.

According to Art. 16 of the Law of Ukraine “On the legal regime of a state of emergency”, a state of emergency may provide for:

1) establishment of a special regime for entry and exit, as well as restriction of freedom of movement in the territory where a state of emergency is introduced;

2) restriction of the movement of vehicles and their inspection;

3) strengthening the protection of public order and facilities that ensure the livelihoods of the population and the national economy;

4) a ban on holding mass events, except for events the ban on which is established by the court;

5) ban on strikes;

6) forced alienation or seizure of property from legal entities and individuals.

According to Art. 18 Additional measures of the legal regime of a state of emergency in connection with mass violations of public order may include:

1) introduction of a curfew (prohibition to be on the streets and in other public places without specially issued passes and identity cards during established hours of the day);

2) checking citizens’ documents, and, in necessary cases, conducting personal searches, inspections of belongings, vehicles, luggage and cargo, office premises and citizens’ housing;

3) prohibition for conscripts and those liable for military service to change their place of residence without the knowledge of the relevant military commissariat;

4) restriction or temporary prohibition of the sale of weapons, poisonous and potent chemicals, as well as alcoholic beverages and alcohol-based substances;

5) temporary withdrawal from citizens of registered firearms and bladed weapons and ammunition, and from enterprises, institutions and organizations - also training military equipment, explosives, radioactive substances and materials, toxic and potent chemicals;

6) prohibition of the production and distribution of information materials that could destabilize the situation;

7) regulation of the work of civilian television and radio centers, prohibition of the operation of amateur radio transmitting equipment and radio-emitting devices for personal and collective use;

8) special rules for using communications and transmitting information through computer networks;

9) violations in the manner prescribed by the Constitution and laws of Ukraine, the issue of prohibiting the activities of political parties, public organizations in the interests of national security and public order, protecting public health or protecting the rights and freedoms of other people.