On the characteristics of state policy for guaranteeing the state sovereignty of Ukraine in the temporarily occupied territories in Donetsk and Luhansk regions
(Verkhovna Rada News (VRN), 2018, No. 10, article 54)
With amendments entered in accordance with Laws No. 113-IX of 19 September 2019, VRN, 2910, No. 42, article 238 No. 948-IX of 3 November 2020.
The Verkhovna Rada of Ukraine,
based on the Declaration of State Sovereignty of Ukraine and the Constitution of Ukraine,
stressing that the Sovereignty of Ukraine extends to its entire territory, which within the limits of its internationally recognised state borders is integral and inviolable,
guided by the Charter of the United Nations and the Declaration on the Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations of 24 October 1970, the Helsinki Final Accords on Security and Co-operation in Europe of 1 August 1975,
following from the fact that in accordance with points “a”, “b”, “c”, “d” and “g” of article 3 of Resolution 3314 (XXIX) of the United Nations General Assembly, the aggression as defined on 14 December 1974 committed by the armed forces of the Russian Federation against Ukraine amounts to the crime of armed aggression, and seriously violates the Budapest Memorandum on Security Assurances, in connection with Ukraine becoming a party to the Treaty on Non-proliferation of Nuclear Weapons of 5 December 1994, and the Russian-Ukrainian Friendship Treaty of 31 May 1997,
taking into consideration that the start date for occupation of part of Ukrainian territory, in particular the Autonomous Republic of Crimea and the City of Sevastopol, is determined by Law of Ukraine “On guaranteeing the rights and freedoms of citizens and the legal regime in the temporarily occupied territories of Ukraine”,
confirming the Appeal of the Verkhovna Rada of Ukraine to the United Nations, the European Parliament, the Parliamentary Assembly of the Council of Europe, the NATO Parliamentary Assembly, the OSCE Parliamentary Assembly, the GUAM Parliamentary Assembly, and the national parliaments of states of the world to declare the Russian Federation as an aggressor state, approved by the Resolution of the Verkhovna Rada of Ukraine of 27 January 2015 No. 129-VIII, and the Declaration of the Verkhovna Rada of Ukraine “On repelling the armed aggression of the Russian Federation and overcoming its consequences”, approved by the Resolution of the Verkhovna Rada of Ukraine of 21 April 2015 No. 337-VIII,
stating that, in the light of the provisions of the IV Hague Convention about the Laws and Customs of Land War and the appendices to it: the Provisions about the Laws and Customs of Land War of 18 October 1907, the Geneva Convention about the Protection of Civilians during War of 12 August 1949 and the Additional Protocol to the Geneva Conventions of 12 August 1949, which concerns protection of the victims of international armed conflicts (Protocol 1), of 8 June 1977, one of the consequences of the armed aggression of the Russian Federation against Ukraine became the temporary occupation of part of Ukrainian territory,
not recognising the temporary occupation by the Russian Federation of part of Ukrainian territory,
based on the provisions of the Resolutions of the United Nations General Assembly “On the territorial integrity of Ukraine” of 27 March 2014 No. 68/262, which stress the illegitimacy of the referendum carried out in the Autonomous Republic of Crimea, and urge the international community not to recognise any change in status of the Autonomous Republic of Crimea and the City of Sevastopol on the basis of the results of the referendum in question,
taking into consideration the Resolutions of the United Nations General Assembly “On the state of affairs in the area of human rights in the Autonomous Republic of Crimea and the City of Sevastopol (Ukraine)” of 19 December 2016 No. 71/205 and of 19 December 2017 No. 72/190, which declare the Republic of Crimea and the City of Sevastopol to be territories temporarily occupied by the Russian Federation,
confirming the inseparable sovereign right of Ukraine to restore and maintain its territorial integrity within the limits of its internationally recognised state borders, including the territory of the Republic of Crimea and the City of Sevastopol,
declaring that the armed aggression of the Russian Federation began with an undeclared and covert incursion into Ukrainian territory by subdivisions of the armed forces and other security agencies of the Russian Federation, as well as by organisation and support of terrorist activity,
taking into account that the Russian Federation is committing armed aggression against Ukraine and carrying out temporary occupation of part of its territory with the assistance of Russian armed formations consisting of regular units and subdivisions, subordinate to the Ministry of Defence of the Russian Federation, subdivisions and special formations, subordinate to other security agencies of the Russian Federation, their advisors, instructors, and irregular illegal armed formations, armed groups and groups of mercenaries, created, subordinated, led and financed by the Russian Federation, as well as with the assistance of the occupational administration of the Russian Federation, which consists of its state authorities and structures, functionally corresponding to the administration of the temporarily occupied territories of Ukraine, and the self-proclaimed authorities under the control of the Russian Federation, which have usurped the functions of power in the temporarily occupied territories of Ukraine,
noting that the actions of the Russian Federation in the territory of specific areas in Donetsk and Luhansk regions, the Autonomous Republic of Crimea and the City of Sevastopol seriously violate the principles and standards of international law, in particular by means of: systematic failure to maintain the ceasefire regime and continuing shelling of civilian targets and infrastructure, which has caused numerous casualties amongst the civilian population, service personnel of the Ukrainian Armed Forces and other military formations, in accordance with the laws of Ukraine; the continued practice of illegally arresting and detaining Ukrainian citizens in the temporarily occupied territories, and illegally removing them and detaining them in the Russian Federation; attempts to extend Russian legislation, including tax legislation, to the territory of specific areas in Donetsk and Luhansk regions, the Autonomous Republic of Crimea and the City of Sevastopol, making illegal demands for re-registration of enterprises and recovering funds for the benefit of the occupying administration of the Russian Federation in specific areas in Donetsk and Luhansk regions, the Autonomous Republic of Crimea and the City of Sevastopol; introduction of the Russian rouble as the single currency in the territory of specific areas in Donetsk and Luhansk regions, the Autonomous Republic of Crimea and the City of Sevastopol, arbitrary application of Russian educational standards in educational institutions, introduction of “external administration” in enterprises in specific areas in Donetsk and Luhansk regions, the Autonomous Republic of Crimea and the City of Sevastopol, and recognition of illegal identification documents and vehicle number plates in the territory of specific areas in Donetsk and Luhansk regions, the Autonomous Republic of Crimea and the City of Sevastopol; organisation and implementation of enforced disappearances, torture, inhuman treatment or punishment, and extrajudicial executions in relation to the civilian population, Ukrainian service personnel and hostages,
remaining loyal to the course of political and diplomatic regulation of the conflicts on the basis of the principles and standards of international law and the Charter of the United Nations,
confirming the inseparable sovereign right of Ukraine to self-defence in accordance with article 51 of the Charter of the United Nations,
confirming the Declaration of the Verkhovna Rada of Ukraine “On withdrawal of Ukraine from specific obligations determined by the International Covenant on Civil and Political Rights and the European Convention on Human Rights”, approved by the Resolution of the Verkhovna Rada of Ukraine of 21 May 2015 No. 462-VIII,
taking into account the fact that the characteristics of the legal regime in the territory of the Autonomous Republic of Crimea and the City of Sevastopol are determined by Law of Ukraine “On guaranteeing the rights and freedoms of citizens and the legal regime in the temporarily occupied territories of Ukraine”,
passes this Law, which has as its aim determination of the characteristics of state policy for guaranteeing the state sovereignty of Ukraine in the temporarily occupied territories in Donetsk and Luhansk regions.
Article 1
The temporarily occupied territories in Donetsk and Luhansk regions as of the day that this Law is approved are determined as areas of Ukrainian territory within which armed formations of the Russian Federation and the occupational administration of the Russian Federation have established and are implementing general control, namely:
1) the land area and its inland waters within the limits of specific districts, towns, settlements and villages in Donetsk and Luhansk regions;
2) the inland sea waters adjoining the land area determined by point 1 of this section;
3) the subsoil under the territories determined by points 1 and 2 of this section, and the airspace over these territories.
The boundaries and the list of these districts, towns, settlements and villages, the areas of their territories, temporarily occupied in Donetsk and Luhansk regions, are determined by the President of Ukraine on the submission of the Ministry of Defence of Ukraine, drafted on the basis of a proposal by the General Staff of the Ukrainian Armed Forces.
Article 2
The legal status of the temporarily occupied territories in Donetsk and Luhansk regions, the Autonomous Republic of Crimea and the City of Sevastopol, as well as the legal regime in the specified territories is determined by this Law, Law of Ukraine “On guaranteeing the rights and freedoms of citizens and the legal regime in the temporarily occupied territories of Ukraine”, other laws of Ukraine, international treaties, agreement to which is given by the Verkhovna Rada of Ukraine, and the principles and standards of international law.
The temporary occupation of Ukrainian territories by the Russian Federation determined by section one of article one of this Law, regardless of its duration, is illegal and does not create for the Russian Federation territorial rights of any kind.
The activity of the military formations of the Russian Federation and the occupation administration of the Russian Federation in Donetsk and Luhansk regions, which contradicts the standards of international law, is illegal, and any act issued in connection with this activity is illegal and does not create legal consequences of any kind, besides documents confirming the fact of birth or death of individuals in the temporarily occupied territories in Donetsk and Luhansk regions, which are attached as appropriate to an application for state registration of a birth and an application for state registration of a death of an individual.
Liability for material and non-material damage caused to Ukraine as a consequence of the armed aggression of the Russian Federation is borne by the Russian Federation, in accordance with the principles and standards of international law.
Within the boundaries of the temporarily occupied territories in Donetsk and Luhansk regions, a special procedure for guaranteeing the rights and freedoms of the civilian population is in effect, determined by this Law, other laws of Ukraine, international treaties, agreement to which is given by the Verkhovna Rada of Ukraine, and the principles and standards of international law.
The right of ownership, other material rights to property, including to immovable property not excepting land plots, situated in the temporarily occupied territories in Donetsk and Luhansk regions, is preserved for physical individuals regardless of their registration status as internally displaced persons or after they acquire special legal status, and for legal entities, if such property was acquired in accordance with Ukrainian laws.
The right of ownership, other material rights to property, including to immovable property not excepting land plots, situated in the temporarily occupied territories in Donetsk and Luhansk regions, is preserved for the Ukrainian state, the territorial communities of villages, settlements, and towns, situated in the temporarily occupied territories in Donetsk and Luhansk regions, the state executive authorities, local authorities and other subjects of public law.
The procedure for regulation of transactions and implementation of the rights of subjects defined by the sixth and seventh sections of this article, determined by Law of Ukraine “On guaranteeing the rights and freedoms of citizens and the legal regime in the temporarily occupied territories of Ukraine”, taking into account the necessary changes (mutatis mutandis), extends to the temporarily occupied territories in Donetsk and Luhansk regions, besides the procedure for persons entering or leaving the temporarily occupied territories in Donetsk and Luhansk regions, which is established in accordance with this Law, and the procedure for territorial jurisdiction for courts in cases the defendants of which are situated in the temporarily occupied territories in Donetsk and Luhansk regions, which is established in accordance with Law of Ukraine “On implementing justice and criminal proceedings in connection with conducting the anti-terrorist operation”.
Article 3
State policy for guaranteeing the state sovereignty of Ukraine in the temporarily occupied territories in Donetsk and Luhansk regions is based on the Constitution and laws of Ukraine, and international treaties, agreement to which is given by the Verkhovna Rada of Ukraine, and the principles and standards of international law.
Article 4
The aims of state policy for guaranteeing the state sovereignty of Ukraine in the temporarily occupied territories in Donetsk and Luhansk regions are:
1) liberation of the temporarily occupied territories in Donetsk and Luhansk regions and restoration of the constitutional order in these territories;
2) protection of the rights, freedoms and legal interests of physical individuals and legal entities;
3) guaranteeing the independence, unity and territorial integrity of Ukraine.
Article 5
In order to guarantee the state sovereignty of Ukraine in the temporarily occupied territories in Donetsk and Luhansk regions, the state executive authorities and their officials, acting on a basis within the limits of their authority and using means stipulated by the Constitution and laws of Ukraine;
1) apply measures for protection of the rights and freedoms of the civilian population;
2) for observance of the international obligations of Ukraine, international treaties, agreement to which is given by the Verkhovna Rada of Ukraine, and the principles and standards of international law, implement political, diplomatic, sanction and other measures, with the aim of restoring the territorial integrity of Ukraine within the limits of its internationally recognised state borders;
3) apply measures for guaranteeing national security and defence, repulsion and containment of the armed aggression of the Russian Federation;
4) develop the defence and security potential of Ukraine using the state’s resources and international assistance, with the aim of repelling the armed aggression of the Russian Federation;
5) use mechanisms of bilateral international cooperation, international organisations and international courts with the aim of preserving and strengthening sanctions, which are applied to the Russian Federation by members of the international community, as well as holding the guilty parties liable for crimes against the peace and security of humankind and international law.
(Point 5 of the first section of article 5 with amendments entered in accordance with Law No. 948-IX of 3 November 2020)
Article 6
The main areas of protecting the rights and freedoms of the civilian population in the temporarily occupied territories in Donetsk and Luhansk regions are:
1) protection of the basic human political and civil rights and freedoms;
2) application of measures for liberation of Ukrainian citizens illegally arrested and detained by the Russian Federation and the occupation administration of the Russian Federation;
3) facilitating the restoration of violated material rights;
4) facilitating the guaranteeing of social and economic, ecological and cultural needs, particularly by implementing measures determined by the central executive authorities of Ukraine, which ensure the formation and implementation of state policy in matters relating to the temporarily occupied territories, for carrying out the appropriate decisions of the Cabinet of Ministers of Ukraine;
5) provision of legal and humanitarian assistance, including involvement of international assistance, in particular provision of medical and social services in the territories controlled by Ukraine;
6) facilitating the maintenance of cultural links;
7) guaranteeing access to Ukrainian educational institutions and mass media.
The characteristics of implementing other rights and freedoms of the civilian population and conducting transactions in the temporarily occupied territories in Donetsk and Luhansk regions are determined by the laws of Ukraine.
The procedure for entry and exit of persons, movement of goods to and from the temporarily occupied territories in Donetsk and Luhansk regions is determined in accordance with this Law.
The Cabinet of Ministers of Ukraine applies all the measures stipulated by the legislation of Ukraine for protection of the rights and freedoms of the civilian population, in particular implementing constant monitoring of the state of observance of human and citizen’s rights and freedoms, and documentation of facts of violation of these rights and freedoms in the temporarily occupied territories of Ukraine, on the results of which, the appropriate information is published and submitted to international human rights organisations, and the necessary measures applied to create an inter-departmental coordinating authority with the aim of generalising the state’s legal position in the matter of repulsion and containment of the armed aggression of the Russian Federation, and preparing a consolidated claim by Ukraine against the Russian Federation to hold it liable in international law for armed aggression against Ukraine.
A commissioner for human rights authorised by the Verkhovna Rada of Ukraine implements parliamentary monitoring of the observance of human and citizen’s rights and freedoms in the temporarily occupied territories in Donetsk and Luhansk regions, and in the case of need, presents a special report to the Verkhovna Rada of Ukraine about the state of human and citizen’s rights and freedoms in these territories.
Ukraine does not bear liability for the illegal actions of the Russian Federation either in its occupation administration in the temporarily occupied territories in Donetsk and Luhansk regions or for any illegal decisions that are passed.
Article 7
In order to guarantee the national security, particularly the state, economic, informational, humanitarian and ecological, repel and contain the armed aggression of the Russian Federation in Donetsk and Luhansk regions, the security and defence authorities, other state authorities of Ukraine and their officials, implement measures to restore the territorial integrity of Ukraine, as well as ensure comprehensive development of the security, economic, informational and telecommunication, social and humanitarian infrastructure in the territories adjoining the temporarily occupied territories in Donetsk and Luhansk regions, and plan measures in accordance with strategic defence documents for strengthening the defence and security capacities of Ukraine.
The Russian Federation, as the occupying state in accordance with the IV Hague Convention about the Laws and Customs of Land War and the appendices to it: the Provisions about the Laws and Customs of Land War of 18 October 1907, the Geneva Convention about the Protection of Civilians during War of 12 August 1949 and the Additional Protocol to the Geneva Conventions of 12 August 1949, which concerns protection of the victims of international armed conflicts (Protocol 1), of 8 June 1977, bears liability for violating protection of the rights of the civilian population.
The fact of the final removal and complete absence of all military formations of the Russian Federation in Donetsk and Luhansk regions in the procedure determined by this Law, is established by the Ministry of Defence of Ukraine and the Ministry of Internal Affairs of Ukraine by a joint submission to the President of Ukraine, who passes the appropriate decision exclusively on this basis.
Article 8
In order to guarantee national security and defence, repel and contain the armed aggression of the Russian Federation in Donetsk and Luhansk regions:
1) the General Staff of the Ukrainian Armed Forces on agreement with the appropriate departmental heads engages and uses forces and equipment (the particular composition and specialists of specific subdivisions, military units, weapons, military equipment, specialised equipment and vehicles, communication devices and telecommunications, other material and technical equipment) of the Ukrainian Armed Forces and other military formations created in accordance with the laws of Ukraine (the Security Service of Ukraine, the State Service of Special Communications and Information Protection of Ukraine, the National Guard of Ukraine, the State Border Service of Ukraine, the State Security Administration of Ukraine, and the State Special Transport Service), the special purpose law enforcement authorities, the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, the intelligence agencies of Ukraine, the central executive authority implementing state policy in the area of civil protection, and also employees of health protection institutions;
(Point one of section one of article 8 with amendments entered in accordance with Law No. 113-IX of 19 September 2019)
2) in the security zones adjoining the region in which hostilities occur, a special procedure is in force which stipulates provision of special powers to the security and defence sector authorities and other state authorities of Ukraine necessary for implementing national security and defence measures, for repulsion and containment of the armed aggression of the Russian Federation. The boundaries of these security zones adjoining the region in which hostilities occur is determined by the chief of the General Staff – the Commander in Chief of the Ukrainian Armed Forces, on the submission of the Commander of the Joint Forces;
3) in the region in which the national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions are implemented, the possible implementation of powers by authorised individuals of pre-trial investigative authorities and the prosecutor’s office in relation to legal violations committed in the region in question, particularly via the obligation to allow preliminary investigators, investigators, and prosecutors into this region, as well as providing them with the appropriate assistance, is ensured. Allowing the preliminary investigators, investigators, and prosecutors into the region in which the security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions are implemented, is carried out in the procedure stipulated by the Commander of the Joint Forces.
(Section one of article 8 with amendments entered in accordance with Law No. 948-IX of 3 November 2020)
The Cabinet of Ministers of Ukraine ensures that the Ukrainian Armed Forces and other military formations created in accordance with the laws of Ukraine (the Security Service of Ukraine, the State Service of Special Communications and Information Protection of Ukraine, the National Guard of Ukraine, the State Border Service of Ukraine, the State Security Administration of Ukraine, and the State Special Transport Service), the special purpose law enforcement authorities, the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, the intelligence agencies of Ukraine, the central executive authority implementing state policy in the area of civil protection, and employees of health protection institutions, have the necessary equipment and resources.
(Section 2 of article 8 with amendments entered in accordance with Law No. 113-IX of 19 September 2019)
The start and end of the security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions is determined by specific decisions of the Commander in Chief of the Ukrainian Armed Forces.
Article 9
The strategic leadership of the forces and equipment of the Ukrainian Armed Forces and other military formations created in accordance with the laws of Ukraine, the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, and the central executive authority implementing state policy in the area of security and defence, repulsing and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, is implemented by the General Staff of the Ukrainian Armed Forces.
The leadership of the forces and equipment of the Ukrainian Armed Forces and other military formations created in accordance with the laws of Ukraine, the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, and the central executive authority implementing state policy in the area of security and defence, repulsing and containment of the direct armed aggression of the Russian Federation in Donetsk and Luhansk regions, is implemented by the Commander of the Joint Forces who is appointed by the President of Ukraine on the submission of the head of the General Staff – the Commander in Chief of the Ukrainian Armed Forces.
The Commander of the Joint Forces implements his powers via the Joint Operational Headquarters of the Ukrainian Armed Forces. The powers of the Commander of the Joint Forces are determined by the Provision about the Joint Operational Headquarters of the Ukrainian Armed Forces, which is drafted by the General Staff of the Ukrainian Armed Forces and approved by the Commander in Chief of the Ukrainian Armed Forces on the submission of the Minster of Defence of Ukraine.
The Joint Operational Headquarters of the Ukrainian Armed Forces via the military authorities carries out planning, organisation and monitoring of national security and defence measures, repulsion and containment of the direct armed aggression of the Russian Federation in Donetsk and Luhansk regions, assistance, coordination and monitoring of the activity of military and civil or military administrations (if they are created) in Donetsk and Luhansk regions for matters of national security and defence.
Service personnel, law enforcement officials, and other individuals engaged to carry out national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, are subordinate to the Commander of the Joint Forces while carrying out such measures, whose decisions are mandatory for implementation.
The intervention of any individuals, regardless of their position, in the administration of national security and defence measures, repulsion and containment of the direct armed aggression of the Russian Federation in Donetsk and Luhansk regions, is not permitted.
Article 10
In the case of expansion of the armed aggression of the Russian Federation beyond the Autonomous Republic of Crimea and the City of Sevastopol, Donetsk and Luhansk regions, the forces and measures specified in article 8 of this Law are engaged at any time and in any part of Ukrainian territory in order to repel and contain it, in the procedure established in article 9 of this Law.
Article 11
The legal basis for repulsion and containment of the direct armed aggression of the Russian Federation and restoration of the territorial integrity of Ukraine is the Constitution of Ukraine, the legislation of Ukraine and article 51 of the Charter of the United Nations.
Article 12
Entry and exit of persons, movement of goods to and from the temporarily occupied territories in Donetsk and Luhansk regions, occurs via entry-exit checkpoints.
The Commander of the Joint Forces, in the case of a real threat to the lives and health of individuals crossing the demarcation line, has the right to restrict the entry of those individuals to the temporarily occupied territories in Donetsk and Luhansk regions for the period that this threat exists.
The procedure for entry and exit of persons, movement of goods to and from the temporarily occupied territories in Donetsk and Luhansk regions is determined by the Cabinet of Ministers of Ukraine.
The presence of persons in the region not engaged in national security and defence measures, repulsing and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions may be temporarily restricted for the period in which such measures are carried out by the Commander of the Joint Forces.
The legal demands of the officials engaged in national security and defence measures, repulsing and containment of the direct armed aggression of the Russian Federation in Donetsk and Luhansk regions are mandatory for both citizens and officials.
With the aim of guaranteeing the vital interests of society and state during the repulsion of the armed aggression in the security zones adjoining the region in which hostilities are occurring, the service personnel, law enforcement officials, and other individuals, specified by article 8 of this Law, engaged to carry out national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, in accordance with the Constitution and legislation of Ukraine have the right:
1) to use in the case of extreme necessity weapons and special equipment against individuals who have committed or who are committing legal violations or other actions that hinder implementation of the legal demands of the individuals engaged to carry out national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, or actions connected with unsanctioned attempts to enter the region in which the specified measures are being implemented;
2) to detain and transfer the individuals specified in point 1 of this section to the authorities of the National Police of Ukraine;
3) to check the identity documents of citizens and officials, and in the absence of documents, to detain them in order to establish their identity;
4) to conduct personal inspection of citizens, examination of the items found on them, vehicles and items being transported in them;
5) to restrict or prohibit temporarily the movement of vehicles and pedestrians in the streets and roads, to prevent vehicles and citizens from entering areas or facilities, to remove citizens from areas or facilities, and tow away vehicles;
6) to enter (penetrate into) residential and other premises, land plots belonging to citizens, the territory and the premises of enterprises, institutions and organisations, to check vehicles for implementation of national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions;
7) to use communication devices and vehicles including of a specialised nature belonging to citizens (with their agreement), enterprises, institutions and organisations, besides diplomatic or consular vehicles or vehicles of any representatives of foreign states and international organisations.
Article 13
Final and transitional provisions:
- This Law attains force from the day following the day of its publication.
- The Verkhovna Rada of Ukraine, in accordance with point 9 of the first section of article 85 of the Constitution of Ukraine, with this Law approves the decision of the President of Ukraine about use of the Ukrainian Armed Forces and other formations created in accordance with the laws of Ukraine, which is passed in accordance with point 19 of the first section of article 106 of the Constitution of Ukraine, for repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, and guaranteeing state sovereignty in the temporarily occupied territories in Donetsk and Luhansk regions.
- This Law acts without harm to the inseparable sovereign right of Ukraine in the temporarily occupied territories of the Autonomous Republic of Crimea and the City of Sevastopol, and the measures aimed at restoration of the territorial integrity of Ukraine within the limits of its internationally recognised state borders.
- Entry of amendments to the following legislative acts of Ukraine:
1) in Law of Ukraine “On the status of war veterans, guarantees of their social protection” (Verkhovna Rada News, 1993, No. 45, article 425 with the following amendments):
a) in point 19 of the first section of article 6:
supplement the first paragraph with the words “in carrying out national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, ensuring their implementation, being directly present in the regions and in the period of the specified measures”;
draft the second paragraph as follows:
“The procedure for persons specified in paragraph one of this point to acquire combatant status, the category of such persons and their period of involvement in (implementation of) the anti-terrorist operation, in measures for repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, as well as the regions of the antiterrorist operation, is determined by the Cabinet of Ministers of Ukraine. The regions in which the measures for repulsion and containment of the armed aggression of the Russian Federation are conducted are determined in accordance with Law of Ukraine “On the characteristics of state policy for guaranteeing the state sovereignty of Ukraine in the temporarily occupied territories in Donetsk and Luhansk regions”. The procedure for the individuals specified in paragraph one of this point to lose combatant status is determined by the Cabinet of Ministers of Ukraine.
b) in Section 2 article 7:
in point 11 replace the words “and also the employees of enterprises, institutions, and organisations who were engaged to implement the anti-terrorist operation and who have become disabled as a result of injury, trauma, or disfigurement received while carrying out the anti-terrorist operation directly in the regions and at the time in which it was conducted” with the words “during direct participation in national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, being directly in the regions and at the time in which the specified measures were conducted, and also the employees of enterprises, institutions, and organisations who were engaged to implement the anti-terrorist operation, national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions and who have become disabled as a result of injury, trauma, disfigurement, or illness received while carrying out the anti-terrorist operation directly in the regions and at the time in which it was conducted, while carrying out national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, being directly in the regions and at the time in which the specified measures were conducted”;
draft point 14 as follows:
“14) persons who were involved on a voluntary basis (or were engaged on a voluntary basis) in conducting the anti-terrorist operation, involved in national security and defence measures, repelling and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, (including those who were involved in voluntary activity) and who have become disabled as a result of injury, trauma, disfigurement, or illness received while carrying out the anti-terrorist operation directly in the regions and at the time in which it was conducted, while carrying out national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, being directly in the regions and at the time in which the specified measures were conducted”;
c) in point 13 article 9:
supplement the first paragraph with the words “who were engaged and who had direct involvement in national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, being directly in the regions and at the time in which the specified measures were conducted, in the procedure established by legislation”;
draft the second paragraph as follows:
“The procedure for provision of combatant status to the individuals specified in the first paragraph of this point, the categories for these individuals, the periods of their involvement in carrying out the anti-terrorist operation, in national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, as well as the regions of the anti-terrorist operation are determined by the Cabinet of Ministers of Ukraine. The regions in which national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation are carried out are determined in accordance with Law of Ukraine “On the characteristics of state policy for guaranteeing the state sovereignty of Ukraine in the temporarily occupied territories in Donetsk and Luhansk regions”;
d) in point 1 of article 10:
draft the fifth paragraph as follows:
“the families of persons who were involved on a voluntary basis (or were engaged on a voluntary basis) in national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, (including those who were involved in voluntary activity) and who were killed (disappeared), died as a result of injury, trauma, disfigurement, or illness received while carrying out the anti-terrorist operation (including involvement in voluntary activity), being directly in the regions and at the time in which it was conducted, while carrying out national security and defence measures, repelling and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, (including involvement in voluntary activity), being directly in the regions and at the time in which the measures were conducted”;
in the eighth paragraph, replace the words “ and who were killed (disappeared), died as a result of injury, trauma, disfigurement, or illness received during direct involvement in the anti-terrorist operation, being directly in the regions and at the time in which the anti-terrorist operation was conducted, and also the families of employees of enterprises, institutions, and organisations, who were engaged in the anti-terrorist operation and who were killed (disappeared), dying as a result of injury, trauma, disfigurement, or illness received while carrying out the anti-terrorist operation directly in the regions and at the time in which the anti-terrorist operation was conducted” with the words “in carrying out national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, being directly in the regions and at the time in which the specified measures were conducted, and who were killed (disappeared), dying as a result of injury, trauma, disfigurement, or illness received during direct involvement in the anti-terrorist operation directly in the regions and at the time in which the anti-terrorist operation was conducted, being directly in the regions of the anti-terrorist operation at the time in which it was conducted, during direct involvement in national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, being directly in the regions and at the time in which the measures were conducted, and also the families of employees of enterprises, institutions, and organisations, who were engaged in the anti-terrorist operation, carrying out national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions and who were killed (disappeared), dying as a result of injury, trauma, disfigurement, or illness received directly in the regions of the anti-terrorist operation at the time in which it was conducted, carrying out national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, being directly in the regions and at the time in which the measures were conducted”;
2) in Law of Ukraine “On local self-government in Ukraine” (Verkhovna Rada News (VRN), 1997, No. 24, article 170 with the following amendments):
a) supplement the first sentence of the section 2 of article 42 with the words “or Law of Ukraine “On the martial law regime”;
b) in article 78:
draft point 3 of section one as follows:
3) stipulated by the laws of Ukraine “On the military and civil administrations”, “On the martial law regime”;
replace the words in section 5 “the corresponding military and civil administrations” with the words “the corresponding military and civil, and military administrations”;
c) in article 79:
in the second paragraph of section 2 , replace the words “if stipulated by Law of Ukraine “On the military and civil administrations”, with the words “if stipulated by the laws of Ukraine “On the military and civil administrations”, “On the martial law regime”;
in point 3(1) of section 11, replace the words “the corresponding military and civil administrations” with the words “the corresponding military and civil, and military administrations”;
d) in article 79(1):
supplement section 2 with a paragraph with the following content:
“The powers of a village elder may be terminated ahead of schedule if stipulated by Law of Ukraine “On the martial law regime”;
in section 7:
replace the words “Section Two of this article” in point 5 with the words “the first paragraph of Section Two of this article”;
supplement point 6 with the following content:
“6) on a basis specified in the second paragraph of section 2 of this article, from the day that the Act of the President of Ukraine about creation of the appropriate military administration for a settlement (settlements) attains force”;
3) in Law of Ukraine “On the military and civil administrations”, (Verkhovna Rada of Ukraine News, 2015, No. 13, article 87, No. 40-41, article 382; 2016, No. 10, article 108):
a) replace the words “ in the region in which the anti-terrorist operation is being carried out” in the foreword with the words “in the region in which the armed aggression of the Russian Federation is being repelled, particularly in the region in which the anti-terrorist operation is being carried out”;
b) in the first section of article 1:
in the first paragraph, replace the words “in the region in which the anti-terrorist operation is being carried out” with the words “in the region in which the armed aggression of the Russian Federation is being repelled, particularly in the region in which the anti-terrorist operation is being carried out”;
in the second paragraph:
add after the words “consisting of the Anti-terrorist Centre of the Security Service of Ukraine” the words “(if they are created in order to implement the authority of the appropriate bodies in the area of conducting the anti-terrorist operation) or consisting of the Joint Operational Headquarters of the Ukrainian Armed Forces (if they are created in order to implement the authority of the appropriate bodies in the area of carrying out national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions)”;
add after the words “involvement in counteractions” the words “acts of armed aggression” and after the words “disaster in the region” the words “repelling the armed aggression of the Russian Federation, in particular”;
c) in article 3:
supplement the fourth section after the words “from the Anti-terrorist Centre of the Security Service of Ukraine” with the words “(if created in order to implement the authority of the appropriate bodies in the area of conducting the anti-terrorist operation) or from the Joint Operational Headquarters of the Ukrainian Armed Forces (if they are created in order to implement the authority of the appropriate bodies in the area of carrying out national security and defence measures, repelling and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions)”;
supplement the sixth section after the words “and if military and civil administrations are created in order to implement the authority of the appropriate bodies in the area of carrying out national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions – on the submission of the Commander of the Joint Forces”;
replace the words in section 8 “the chief of the Anti-terrorist Centre of the Security Service of Ukraine on the submission of the head of the appropriate military and civil administration” with the words “on the submission of the head of the appropriate military and civil administration, the chief of the Anti-terrorist Centre of the Security Service of Ukraine, and if military and civil administrations of settlements are created for implementation of the powers of the appropriate authorities in the area of national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions – the Commander of the Joint Forces”;
in the ninth section:
replace the words in the first sentence “if the appropriate military and civil administrations are not created – the chief of the Anti-terrorist Centre of the Security Service of Ukraine” with the words “if the appropriate military and civil administrations are not created – the chief of the Anti-terrorist Centre of the Security Service of Ukraine, and if military and civil administrations of settlements, district military and civil administrations are created to implement the appropriate powers in the area of national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions – the Commander of the Joint Forces”;
supplement the second sentence with the words “and if military and civil administrations are created to implement the appropriate powers in the area of national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions – the Commander of the Joint Forces”;
supplement the eleventh section after the third paragraph with a new paragraph with the following content:
“The powers of the military and civil administrations of settlements, district and regional military and civil administrations, are also terminated in accordance with Law of Ukraine “On the martial law regime”.
In connection with this, the fourth paragraph shall be considered to be the fifth paragraph;
Replace the words in the thirteenth section “by the chief of the Anti-terrorist Centre of the Security Service of Ukraine on the submission of a chief of a military and civil administration without competitive selection” with the words “without competitive selection on the submission of a chief of a military and civil administration by the chief of the Anti-terrorist Centre of the Security Service of Ukraine, and if military and civil administrations of settlements are created to implement the appropriate powers in the area of national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions – by the Commander of the Joint Forces”;
d) supplement the first paragraph of the first section of article 5 after the words “with the Anti-terrorist Centre of the Security Service of Ukraine” with the words “and if military and civil administrations are created to implement the appropriate powers in the area of national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions – with the agreement of the Commander of the Joint Forces”;
e) in article 6:
draft the second section as follows:
“2. The military and civil administration of a settlement(s) is headed by a chief who is appointed and dismissed from the position by the chief of the appropriate regional military and civil administration with the agreement of the chief of the Anti-terrorist Centre of the Security Service of Ukraine, and if a military and civil administration of a settlement(s) is created to implement the appropriate powers in the area of national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions – with the agreement of the Commander of the Joint Forces. If the appropriate regional military and civil administration has not been created, the chief of the military and civil administration of the settlement(s) is appointed and dismissed from the position by the chief of the Anti-terrorist Centre of the Security Service of Ukraine, and if a military and civil administration of a settlement(s) is created to implement the appropriate powers in the area of national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation in Donetsk and Luhansk regions – by the Commander of the Joint Forces”;
supplement point 10 of the third section after the words “the period until completion” with the words “repelling the armed aggression of the Russian Federation, particularly”;
f) remove the second section of article 7;
4) in Law of Ukraine “On the martial law regime” (Verkhovna Rada of Ukraine News, 2015, No. 28, article 250):
a) in article 4:
supplement the first paragraph of the third section with the words “or termination of their powers in accordance with the law”;
supplement the first sentence of the fourth section after the words “in the periods established by Law of Ukraine “On local self-government in Ukraine”” with the words “or termination of their powers in accordance with the law”;
supplement the ninth section with the following content:
“9. In connection with the creation of military administrations of settlements, the powers of military and civil administrations of these settlements are terminated from the day that the powers of the appropriate military administrations have effect.
If district and regional military administrations are created, on the day that they attain force by an Act of the President of Ukraine about their creation, the powers of the appropriate district and regional military and civil administrations are terminated”;
b) supplement article 28 with point 21 with the following content:
“2(1). If martial law is introduced in specific areas in connection with the armed aggression of the Russian Federation in Donetsk and Luhansk regions:
1) on the day that the Act of the President of Ukraine about creation of a military administration attains force, the powers of the following are terminated in accordance with this Law:
regional councils, their executive apparatus, the local government officials and service personnel who work in these bodies, if the appropriate regional military administration is created;
district councils, their executive apparatus, the local government officials and service personnel who work in these bodies, if the appropriate district military administration is created;
village, settlement, town, district within town (if they are created) councils, their executive bodies, village, settlement, and town heads, other local government officials and service personnel who work in local government bodies, village elders – if a military administration of the appropriate settlement(s) is created;
2) district and regional military administrations implement in the appropriate territory, together with the powers of the local state administrations, powers to establish and carry out martial law regime measures, and also powers stipulated by points 1-10 of the third section of article 15 of this Law;
3) the military administrations of settlements, districts, and regional military administrations implement their powers until the day of the first sitting of the first session of the appropriate council, elected after abolition of martial law;
4) assistance, coordination and monitoring of the activity of the regional military administrations on matters of defence, civil order and security, implementation of measures for martial law, is carried out by the Joint Operational Headquarters of the Ukrainian Armed Forces with the general leadership of the General Staff of the Ukrainian Armed Forces, and for other matters, by the Cabinet of Ministers of Ukraine within the limits of its authority; assistance, coordination and monitoring of the activity of the district military administrations on matters of defence, civil order and security, implementation of measures for martial law is carried out by regional military administrations, and of other matters, the Cabinet of Ministers of Ukraine and regional state administrations within the limits of their authority;
5) The General Staff of the Ukrainian Armed Forces carries out the powers stipulated by points 1, 3 and 4 of article 14 of this Law, and also for organisation of training and implementation of general leadership by the General Staff of the Ukrainian Armed Forces, of associations, units, and bodies of other military formations and law enforcement bodies created in accordance with the laws of Ukraine while implementing martial law measures;
6) The Commander of the Joint Forces carries out direct leadership of the forces and equipment of the Ukrainian Armed Forces and other military formations created in accordance with the laws of Ukraine directly engaged in implementing national security and defence measures, repulsion and containment of the armed aggression of the Russian Federation and the martial law regime, via the appropriate military authorities”;
5) draft point 3 of section one of article 3 of Law of Ukraine “On guaranteeing the rights and freedoms of citizens and the legal regime in the temporarily occupied territories of Ukraine” (Verkhovna Rada of Ukraine News, 2014, No. 26, article 893) as follows:
3) the subsoil under the territories specified in points 1 and 2 of this section, and the airspace over these territories”;
6) Supplement article 28 of the Civil Procedural Code of Ukraine (Verkhovna Rada of Ukraine News, 2017, No. 48, article 436) after the sixteenth section with a new section with the following content:
“17. Claims about violated, unrecognised or disputed rights, freedoms or interests of physical individuals (including about compensation for damage incurred as a consequence of restrictions to the right of ownership of immovable property or its destruction, damage) in connection with the armed aggression of the Russian Federation, the armed conflict, the temporarily occupied territories of Ukraine, natural or man-made emergencies, can also be presented in accordance with the claimant’s place of residence or stay”;
7) supplement section one of article 5 of Law of Ukraine “On court fees” (Verkhovna Rada of Ukraine News, 2012, No. 14, article 87 with the following amendments) with points 21 and 22 with the following content:
“21) the applicants in cases with applications about establishing facts that could have legal significance, submitted in connection with the armed aggression, the armed conflict, the temporarily occupied territories of Ukraine, natural or man-made emergencies, that led to forced relocation from the temporarily occupied territories of Ukraine, death, injury, captivity, illegal detention or abduction, and also violation of the right of ownership of movable property and/or immovable property;
22) claimants in cases involving lawsuits against the aggressor state the Russian Federation about compensation for material and/or moral damage incurred in connection with the temporary occupation of territories of Ukraine, armed aggression, the armed conflict, that led to forced relocation from the temporarily occupied territories of Ukraine, death, injury, captivity, illegal detention or abduction, and also violation of the right of ownership of movable property and/or immovable property”;
8) supplement article 3 of Law of Ukraine “On the struggle against terrorism” (Verkhovna Rada of Ukraine News, 2003, No. 25, article 180) with a paragraph with the following content:
“the anti-terrorist operation can be implemented at the same time as repelling the armed aggression in the procedure of article 51 of the Charter of the United Nations and/or in the conditions of introducing martial law or a state of emergency in accordance with the Constitution of Ukraine and the legislation of Ukraine”.
- Establish that specific characteristics of activity involving relocation of higher educational institutions and scientific institutions from the temporarily occupied territories is regulated by articles 2 and 51 of Law of Ukraine “On temporary measures in the period in which the anti-terrorist operation is conducted”.
- Up to the moment that the Cabinet of Ministers of Ukraine passes any decisions about application of the standards of this Law, the acts of the Cabinet of Ministers of Ukraine remain valid, and also the restrictions introduced by the President of Ukraine.
- The Cabinet of Ministers of Ukraine, within the period of a month from the day that this Law becomes valid:
shall bring its legal and regulatory acts into conformity with this Law;
shall ensure that ministries and other central executive authorities bring their legal and regulatory acts into conformity with this Law.
The President of Ukraine: P.POROSHENKO
Kyiv, 18 January 2018 – No.2268-VIII
Publication of the document:
- Voice of Ukraine of 23 February 2018 – No. 37
- Uryadovy Kuryer (Governmental Courier) of 28 February 2018 – No. 41
- The Official Herald of Ukraine of 6 March 2018, No. 19, page 7, article 630, act code 89242/2018
- Verkhovna Rada of Ukraine News of 9 March 2018, No. 10, page 67, article 54