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Draft
Law of Ukraine
On Particular Aspects of the Public Policy Regarding the Restoration of Sovereignty
of Ukraine over the Temporarily Occupied Territory
of the Donetsk and Luhansk Regions of Ukraine
The Verkhovna Rada of Ukraine,
drawing on the Declaration of State Sovereignty of Ukraine and the Constitution of
Ukraine,
underscoring that sovereignty of Ukraine extends to its entire territory, which is
integral and inviolable within its internationally recognized borders,
being guided by the Charter of the United Nations and the Declaration on Principles
of International Law concerning Friendly Relations and Co-operation among States in
accordance with the UN Charted of 24 October 1970,
understanding that, in accordance with paragraphs “a”, “b”, “c”, “d”, and “g” of
Article 3 of Resolution 3314 (XXIX) of the UN General Assembly (Definition of Aggression) of
14 December 1974, the use of armed force by the Russian Federation against Ukraine,
which commenced on 20 February 2014, is a crime of armed aggression and brutally
violates the Memorandum on Security Assurances in Connection with Ukraine's Accession
to the Treaty on the Non-Proliferation of Nuclear Weapons of 1994, and the Treaty on
Friendship, Cooperation, and Partnership between Ukraine and the Russian Federation of
1997,
stating that, in light of the IV Hague Convention of 5 (18) October 1907, IV Geneva
Convention of 12 August 1949 and I Additional Protocol of 8 June 1977 to the Geneva
Conventions of 1949, one of the consequences of the armed aggression of the Russian
Federation against Ukraine is temporary occupation of parts of Ukraine’s territory,
non-recognizing the illegal seizure of a part of Ukraine’s territory by the Russian
Federation,
confirming the inviolable sovereign right of Ukraine to restore its territorial integrity,
taking into account that the Russian Federation carries out the armed aggression
against Ukraine and temporarily occupies a part of its territory by using the Armed Forced
of the Russian Federation, which include regular units, Russian military advisors and
instructors, irregular illegal armed formations, armed gangs and groups of mercenaries
created, subordinated, instructed, controlled and sponsored by the Russian Federation,
and also by using the occupation administration of the Russian Federation, which includes
its governmental authorities that execute their functions within the temporarily occupied
territory, and the Russian Federation controlled self-proclaimed authorities that usurped
the executive functions in the occupied territory of Ukraine,
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noting that activities of the Russian Federation, its Armed Forces, illegal armed
formations under its control, and occupation authorities in the territory of certain areas of
the Donetsk and Luhansk regions brutally violate the Minsk Protocol of 5 September 2014,
the Minsk Memorandum of 19 September 2014 and the Minsk “Package of Measures” of
12 February 2015, in particular by:
systematical violation of the cease-fire regime and continued shelling of civilian
facilities and infrastructure that result in numerous casualties among the personnel of the
Armed Forces and other militarized forces of Ukraine as well as civilians;
consistent attempts to extend the Russian legislation and fiscal system to certain
areas of the Donetsk and Luhansk regions;
advancement of illegal demands to change registration of enterprises and pay taxes
to the occupation authorities in certain areas of the Donetsk and Luhansk regions;
introduction of the Russian ruble as a single currency in certain areas of the Donetsk
and Luhansk regions;
establishment of so called “external management” at the enterprises in certain areas
of the Donetsk and Luhansk regions what means their de facto expropriation;
issue and recognition of illegal identification documents and transport registration
plates in certain areas of the Donetsk and Luhansk regions;
confirming commitment to the peaceful political settlement based on international
law and the UN Charter;
reserving Ukraine’s inviolable sovereign right to self-defense in accordance with
Article 51 of the UN Charter;
adopts this Law that defines particular aspects of the public policy regarding
ensuring national security and restoring territorial integrity of Ukraine in the Donetsk and
Luhansk regions.
Article 1. The temporarily occupied territory of the Donetsk and Luhansk regions
shall be defined as follows:
1) land area wherein the units of the Russian Federation Armed Forces, illegal
armed formations created, subordinated, instructed, controlled, and sponsored by the
Russian Federation, and the occupation administration of the Russian Federation
established and exercise their authority, and internal waters of Ukraine within this area;
2) inland waters and territorial sea of Ukraine adjacent to the land territory
specified in clause 1 of this part;
3) air space above the areas specified in clauses 1 and 2 of this para.
Boundaries of the temporarily occupied territories of the Donetsk and Luhansk
regions shall be determined upon the proposal of the General Staff of the Armed Forces of
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Ukraine by the Ministry of Defense of Ukraine that shall ensure that these boundaries are
up to date.
A special legal regime that defines procedures for crossing the above boundaries,
committing legal transactions, exercising and protecting human and civil rights and
freedoms shall be established with regard to the temporarily occupied territories of the
Donetsk and Luhansk regions.
Article 2. Any bodies and their officials in the temporarily occupied territories of
Donetsk and Luhansk regions as well as their activities are considered illegal if these bodies
or official positions are not envisaged by the Constitution and laws of Ukraine and were
elected, appointed or created in a manner not provided for by the Constitution or laws of
Ukraine.
Any act (decision, document) issued by bodies or officials described in para one of
this Article is null and void, and has no legal effects.
All individual persons, regardless of their IDP or any other legal status, and legal
entities shall reserve their property rights and other property-related rights, including right
to real estate and land located within the temporarily occupied territories in the Donetsk
and Luhansk regions, if such rights were gained in accordance with the Ukrainian laws.
The state of Ukraine, territorial communities of villages, towns and cities that are
located within the temporarily occupied territories in the Donetsk and Luhansk regions,
state authorities of Ukraine, local self-government authorities and other subjects of public
law shall reserve their property rights and other property-related rights, including right to
real estate and land located within the temporarily occupied territories in the Donetsk and
Luhansk regions.
Article 3. The spublic policy regarding the restoration of sovereignty of Ukraine over
the temporarily occupied territories in the Donetsk and Luhansk regions shall be based on
universally recognized principles and norms of international law and the national
legislation.
Article 4. The aims of the public policy regarding the restoration of sovereignty of
Ukraine over the temporarily occupied territories in the Donetsk and Luhansk regions shall
be:
liberation of these territories and restoration of the Constitutional order therein;
protection of rights, freedoms, and legitimate interests of the citizens of Ukraine
who suffered from the aggression of the Russian Federation;
strengthening of independence, statehood, ensuring of unity and territorial integrity
of the Ukrainian state.
Article 5. To ensure state sovereignty of Ukraine in the temporarily occupied
territories in the Donetsk and Luhansk regions, the state authorities, within their powers
and in a manner prescribed by the Constitution and laws of Ukraine, shall:
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use available possibilities to protect rights and freedoms of the citizens of Ukraine
who live in these territories;
implement political, diplomatic and other measures aimed at restoration of
territorial integrity of Ukraine within its internationally recognized borders in compliance
with international obligations of Ukraine and universally recognized principles and norms of
international law;
take exhaustive measures to ensure national security and defense as well as to
restrain the aggression of the Russian Federation in the Donetsk and Luhansk regions;
proactively develop defense and security capabilities of Ukraine drawing primarily
on own resources while taking advantage of international cooperation to the fullest extent.
Article 6. The basis for protection of rights and freedoms of the citizens of Ukraine
who live in the temporarily occupied territories in the Donetsk and Luhansk regions shall be
facilitation of satisfying their social and economic needs, restoring humanitarian and
cultural ties with them, providing humanitarian aid to them, ensuring their access to
Ukrainian media and national means of legal protection, including by implementation of
measures defined by the central executive authority of Ukraine responsible for
development and implementation of the public policy regarding the temporarily occupied
territories.
Specific aspects of committing legal transactions and exercising other human and
citizen rights and freedoms in the temporarily occupied territories in the Donetsk and
Luhansk regions shall be defined by the Law of Ukraine “On Securing the Rights and
Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of
Ukraine”, except for the order of crossing the boundaries of the temporarily occupied
territory of certain areas of the Donetsk and Luhansk regions that shall be defined by the
present Law.
The Cabinet of Ministers of Ukraine shall carry out permanent monitoring of
observance of human and citizen rights and freedoms and document violations of these
rights and freedoms in certain areas of the Donetsk and Luhansk regions and, following this
monitoring, shall promulgate and provide relevant information to the international
organizations, which act in the area of protection of human and citizen rights and
freedoms, as well as undertake necessary measures.
The Human Rights Commissioner of the Verkhovna Rada of Ukraine shall carry out
parliamentary control over observance of the Constitutional human and citizen rights and
freedoms in certain areas of the Donetsk and Luhansk regions in line with the legislation.
The state of Ukraine does not bear responsibility for illegal acts of the Russian
Federation as the aggressor state and of the illegal armed formations controlled by it in the
territory of certain areas of the Donetsk and Luhansk regions.
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Article 7. The state authorities of Ukraine and their officials, while taking political
and diplomatic measures aimed at restoration of territorial integrity of Ukraine within its
internationally recognized borders, shall ensure priority of the implementation of the
security provisions of the Minsk Protocol of 5 September 2014, the Minsk Memorandum of
19 September 2014 and the Minsk “Package of Measures” of 12 February 2015 in order to
create proper conditions for the political settlement.
To ensure national security and defense, in particular in the statehood, economy,
information and ecology spheres, , to restrain the armed aggression of the Russian
Federation against Ukraine, the state authorities of the security and defense sector, other
state authorities and their officials shall take measures in the Donetsk and Luhansk regions
aimed at restoration of territorial integrity of Ukraine, which are envisaged by the UN
Charter, including by implementation of the inviolable right of Ukraine to self-defense, and
ensure comprehensive development of defense, economic, information,
telecommunication, social and humanitarian infrastructure in the territories adjacent to
certain areas of the Donetsk and Luhansk regions, and shall, in accordance with documents
on strategic defense planning, implement measures aimed at strengthening defense and
security capabilities of Ukraine.
Article 8. Forces and means (including personnel, specialists of separate units,
military units, weapons, military equipment, special and transport vehicles, communication
and telecommunication means, other material and technical means) of the Armed Forces
of Ukraine, other militarized forces (Security Service of Ukraine, Foreign Intelligence Service
of Ukraine, State Service of Special Communications and Information Protection of Ukraine,
National Guard of Ukraine, State Border Service of Ukraine, Department of the State Guard
of Ukraine, State Special Transport Service), Ministry of Interior of Ukraine, National Police
of Ukraine, central executive authority responsible for civil protection shall be used to
implement measures aimed at ensuring national security and defense in the Donetsk and
Luhansk regions.
Article 9. During the period of validity of the present Law, the President of Ukraine
can take decisions to use the Armed Forces of Ukraine or other militarized forces envisaged
by the legislation of Ukraine in the Donetsk and Luhansk regions to restrain and repulse the
armed aggression of the Russian Federation, restore territorial integrity of Ukraine, provide
for protection and defense of the state border of Ukraine, the line of contact, repel attacks
that threaten lives of military personnel or civilians.
If needed, a decision on imposition of martial law or other decisions can be taken in
accordance with and in a manner prescribed by the Constitution and laws of Ukraine.
Article 10. The Joint Operative Headquarters of the Armed Forces of Ukraine shall be
authorized to command forces and means that are involved into implementation of
measures to ensure national security and defense in the Donetsk and Luhansk regions.
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The Head of the Joint Operative Headquarters of the Armed Forces of Ukraine shall
be appointed by the President of Ukraine upon a recommendation of the Head of the
General Staff – Commander-in-Chief of the Armed Forces of Ukraine.
Personnel of law enforcement agencies, military personnel and other persons that
are involved into implementation of measures to ensure national security and defense in
the Donetsk and Luhansk regions, for the period of their involvement, shall come under
command of the Head of the Joint Operative Headquarters of the Armed Forces of Ukraine.
The Joint Operative Headquarters of the Armed Forces of Ukraine shall be
responsible for planning, organization and control over implementation of measures aimed
at ensuring defense as well as state, economic, information and ecological security in the
Donetsk and Luhansk regions, in particular operating control and management of activities
of the civil-military or military administrations in the fields of national security and defense
if such administrations are established in the Donetsk and Luhansk regions.
Article 11. The Head of the Joint Operative Headquarters of the Armed Forces of
Ukraine shall, upon consent of the Security Service of Ukraine and with due regard to the
security situation on the ground, define the regime along the line of contact as well as the
procedure of movement of persons and goods over the line of contact.
Article 12. Final and transitional provisions
1. This Law shall come into force on the day of its publication.
2. This Law shall act without detriment to the inherent sovereign right of Ukraine
to the territory of the Autonomous Republic of Crimea and the city of Sevastopol
temporally occupied by the Russian Federation.
3. The amendments shall be introduced into the following laws:
1) The Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social
Protection” (Official gazette (Vidomosti) of the Verkhovna Rada of Ukraine, 1993, No. 45, p.
425 with the following amendments):
a) paragraph 19 of the first part of Article 6:
sub-paragraph one shall be complemented with the words “in the implementation
of measures to ensure national security in the Donetsk and Luhansk regions in accordance
with the Law of Ukraine “On Particular Aspects of the Public Policy Regarding the
Restoration of State Sovereignty of Ukraine over Temporarily Occupied Territory of the
Donetsk and Luhansk Regions of Ukraine”;
the first sentence of sub-paragraph two shall be rephrased as follows: “The Cabinet
of Ministers of Ukraine shall define a procedure of granting the status of a war veteran to
the persons specified in sub-paragraph one of this paragraph, categories of these persons
and duration of their participation in (support for conduct of) the anti-terrorist operation,
in the implementation of measures to ensure national security in the Donetsk and Luhansk
regions in accordance with the Law of Ukraine “On Particular Aspects of the Public Policy
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Regarding the Restoration of State Sovereignty of Ukraine over Temporarily Occupied
Territory of the Donetsk and Luhansk Regions of Ukraine”, as well as the areas of the anti-
terrorist operation, areas of the implementation of measures to ensure national security in
the Donetsk and Luhansk regions”.
b) part two of Article 7:
item 11 shall be rephrased follows:
“military personnel (reservists, persons liable for military service) and employees of
the Armed Forces of Ukraine, National Guard of Ukraine, Security Service of Ukraine,
Foreign Intelligence Service of Ukraine, State Border Guard Service of Ukraine, State Special
Transport Service, military personnel of the military prosecutor’s offices, privates and
officers of the units of operational support for the conduct of the anti-terrorist operation of
the central executive authority responsible for the public policy in the area of taxation,
customs affairs, as well as policemen, privates and officers, military personnel, employees
of the Ministry of Interior of Ukraine, Department of the State Guard of Ukraine, State
Service of Special Communications and Information Protection of Ukraine, State Emergency
Service of Ukraine, State Penitentiary Service of Ukraine, other militarized forces
established in accordance with the laws of Ukraine, who defended independence,
sovereignty and territorial integrity of Ukraine and became disabled persons as a result of
injury, concussion or mutilation sustained during direct participation in the anti-terrorist
operation, support for its conduct, being directly in the area of the anti-terrorist operation
during its conduct, participation in the implementation of measures to ensure national
security in the Donetsk and Luhansk regions in accordance with the Law of Ukraine “On
Particular Aspects of the Public Policy Regarding the Restoration of State Sovereignty of
Ukraine over Temporarily Occupied Territory of the Donetsk and Luhansk Regions of
Ukraine”, as well as employees of enterprises, agencies, organizations who were involved
in the support of the anti-terrorist operation, support of the implementation of measures
to ensure national security in the Donetsk and Luhansk regions in accordance with the Law
of Ukraine “On Particular Aspects of the Public Policy Regarding the Restoration of State
Sovereignty of Ukraine over Temporarily Occupied Territory of the Donetsk and Luhansk
Regions of Ukraine” and became disabled persons as a result of injury, concussion or
mutilation sustained during support of the anti-terrorist operation directly in the area of
and during its conduct, support of the implementation of measures to ensure national
security in the Donetsk and Luhansk regions”;
item 14 shall be rephrased as follows:
“14) persons who voluntarily supported (or were voluntarily involved in the support
of) the anti-terrorist operation, the implementation of measures to ensure national
security in the Donetsk and Luhansk regions in accordance with the Law of Ukraine “On
Particular Aspects of the Public Policy Regarding the Restoration of State Sovereignty of
Ukraine over Temporarily Occupied Territory of the Donetsk and Luhansk Regions of
Ukraine” (including carrying out volunteer activities) and have become disabled persons as
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a result of injury, concussion or mutilation sustained during the support of the anti-terrorist
operation, support of the implementation of measures to ensure national security in the
Donetsk and Luhansk regions (including carrying out volunteer activities), being directly in
the area of the anti-terrorist operation during its conduct, in the Donetsk and Luhansk
regions during the implementation of measures to ensure national security in the Donetsk
and Luhansk regions in accordance with the Law of Ukraine “On Particular Aspects of the
Public Policy Regarding the Restoration of State Sovereignty of Ukraine Over Temporarily
Occupied Territory of the Donetsk and Luhansk Regions of Ukraine”.
c) item 13 of Article 9 shall be rephrased as follows:
“13) employees of the enterprises, agencies, organizations who were involved or
directly participated in the conduct of the anti-terrorist operation, support of the
implementation of measures to ensure national security in the Donetsk and Luhansk
regions in accordance with the Law of Ukraine “On Particular Aspects of the Public Policy
Regarding the Restoration of State Sovereignty of Ukraine Over Temporarily Occupied
Territory of the Donetsk and Luhansk Regions of Ukraine”, being directly in the area of the
anti-terrorist operation during its conduct, support of the implementation of measures to
ensure national security in the Donetsk and Luhansk regions in a manner prescribed by the
laws.
The Cabinet of Ministers of Ukraine shall define a procedure of granting the status of
a war veteran to the persons specified in sub-paragraph one of this paragraph, categories
of these persons and duration of their participation in the anti-terrorist operation, support
of the implementation of measures to ensure national security in the Donetsk and Luhansk
regions, as well as the areas of the anti-terrorist operation, areas of the implementation of
measures to ensure the national security in the Donetsk and Luhansk regions”.
d) sub-paragraph eight of paragraph one of the first part of Article 10 shall be
rephrased as follows:
“families of military personnel (reservists, persons liable for military service) and
employees of the Armed Forces of Ukraine, National Guard of Ukraine, Security Service of
Ukraine, Foreign Intelligence Service of Ukraine, State Border Guard Service of Ukraine,
State Special Transport Service, military personnel of the military prosecutor’s offices,
privates and officers of units of operational support for the anti-terrorist operation of the
central executive authority responsible for the public policy in the areas of taxation,
customs affairs, as well as policemen, privates and officers, military personnel, employees
of the Ministry of Interior of Ukraine, Department of the State Guard of Ukraine, State
Service of Special Communications and Information Protection of Ukraine, State Emergency
Service of Ukraine, State Penitentiary Service of Ukraine, other militarized forces
established in accordance with the laws of Ukraine, who defended independence,
sovereignty and territorial integrity of Ukraine and were directly involved in the anti-
terrorist operation, support of its conduct, being directly in the area of the anti-terrorist
operation during its conduct and were killed (are missing), died as a result of injury,
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concussion or mutilation sustained due to direct participation in the anti-terrorist
operation, support of its conduct, being directly in the area of the anti-terrorist operation
during its conduct, were directly involved in the implementation of measures to ensure
national security in the Donetsk and Luhansk regions in accordance with the Law of Ukraine
“On Particular Aspects of the Public Policy Regarding the Restoration of State Sovereignty
of Ukraine over Temporarily Occupied Territory of the Donetsk and Luhansk Regions of
Ukraine” and were killed (are missing), died as a result of injury, concussion or mutilation
sustained due to direct participation in the implementation of these measures, support of
their implementation being directly in the area and during their implementation, as well as
families of employees of enterprises, agencies, organizations that were involved in the
support of the implementation of measures to ensure national security in the Donetsk and
Luhansk regions and were killed (are missing), died as a result of injury, concussion or
mutilation sustained during the implementation of these measures directly in the area and
during their implementation”.
2) The Law of Ukraine “On Local Self-Government in Ukraine” (Official Gazette
(Vidomosti) of the Verkhovna Rada of Ukraine, 1997, No. 24, p. 170):
a) the first sentence of the second part of Article 42 shall be complemented with
the words “or the Law of Ukraine “On the Legal Status of the Martial Law”;
b) Article 78:
the paragraph 3 of the first part shall be rephrased as follows:
“3) provided for by the Law of Ukraine “On Civil-Military Administrations” and the
Law of Ukraine “On the Legal Status of the Martial Law”;
In the fifth part the words “respective civil-military administration” shall be replaced
by the following “respective civil-military administration, military administration”;
c) Article 79:
In sub-paragraph two of the second part the words “where provided for by the Law
of Ukraine “On Civil-Military Administrations” shall be replaced with the following “where
provided for by the Law of Ukraine “On Civil-Military Administrations”, the Law of Ukraine
“On the Legal Status of the Martial Law”;
In paragraph 3-1 of the eleventh part the words “respective civil-military
administration” shall be replaced with the following “respective civil-military
administration, military administration”;
d) Article 79-1:
The second part shall be complemented with the following sub-paragraph:
“Powers of a village head can be terminated early as provided for by the Law of
Ukraine “On the Legal Status of the Martial Law”;
In the seventh part:
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- in paragraph 5 the words “by the second part of this Article” shall be replaced
with the following “by sub-paragraph one of the second part of this Article”.
- to include paragraph 6 which reads as follows:
“6) on a reason specified in sub-paragraph two of the second part of this Article –
from the day when an act of the President of Ukraine on the establishment of a respective
military administration in a settlement (settlements) enters into force”;
3) section V “Final Provisions” of the Law of Ukraine “On the Armed Forces of
Ukraine” (Official Gazette (Vidomosti) of the Verkhovna Rada of Ukraine, 2000, No. 48, p.
410 with following amendments) shall be complemented with paragraph 1-1 which reads
as follows:
“1-1. In the time of peace in accordance with the legislation units of the Armed
Forces of Ukraine can be involved in the implementation of measures provided for by the
Law of Ukraine “On Particular Aspects of the Public Policy Regarding the Restoration of
State Sovereignty of Ukraine over Temporarily Occupied Territory of the Donetsk and
Luhansk Regions of Ukraine”. Units of the Armed Forces of Ukraine, which are involved in
the implementation of these measures, have the right to use weapons and military
equipment”;
4) Article 6 of the Law of Ukraine “On the Foundations of Foreign and Internal
Policies” (Official Gazette (Vidomosti) of the Verkhovna Rada of Ukraine, 2010, No. 40, p.
527) shall be amended as follows:
“Article 6. The foundations of the national security and defense policy.
1. The fundamental principles of the national security and defense policy are as
follows:
Protection of: human life and dignity, citizens’ and human rights and freedoms,
environment which is safe for health and life; democratic values, welfare and conditions for
sustainable development of the society; its constitutional order, sovereignty, territorial
integrity of the state and inviolability of its territory;
Legal order, democratic civil control over the security and defense sector and the
use of force;
Unity of command in the area of national security and defense;
Observance of norms and principles of international law, participation in
international efforts to maintain peace and security in the interests of Ukraine, as well as in
inter-state systems and mechanisms of the international collective security;
Ensuring foreign policy, military, state (internal), economic, information, ecologic
security;
Enhancing defense capabilities, development of the security and defense sector as a
critical instrument for the implementation of the national security and defense policy”;
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5) The Law of Ukraine “On Civil Military Administrations” (Official Gazette
(Vidomosti) of the Verkhovna Rada of Ukraine, 2015, No. 13, p. 87 with following
amendments):
a) The eleventh part of Article 3 after sub-paragraph three shall be complemented
with a new sub-paragraph:
“Powers of civil-military administrations of settlements, of districts, of regions shall
be also terminated in the accordance with the Law of Ukraine “On the Legal Status of the
Martial Law”.
In view of this, sub-paragraph four shall be numerated as sub-paragraph five;
b) The second part of Article 7 shall be rephrased as follows:
“The Law shall lose its validity on the day of the end of a special period which started
upon the announcement of the partial mobilization for military service by the Decree of the
President of Ukraine dated 17 March 2014, No. 303 “On Partial Mobilization for Military
Service” approved by the Law of Ukraine “On the Approval of the Decree of the President
of Ukraine “On Partial Mobilization for Military Service”;
6) Article 1 of the Law of Ukraine “On the Special Order of Local Self-Government
in Certain Areas of the Donetsk and Luhansk Regions” shall be rephrased as follows:
“In accordance with this Law, a special order of local self-government in certain
areas of the Donetsk and Luhansk regions, which consist of districts, cities, towns,
settlements, villages as specified by the decision of the Verkhovna Rada of Ukraine
(hereafter – certain areas of the Donetsk and Luhansk regions) shall be introduced on a
temporarily basis, for one year from the day when the Law of Ukraine “On Particular
Aspects of the Public Policy Regarding the Restoration of State Sovereignty of Ukraine over
Temporarily Occupied Territory of the Donetsk and Luhansk regions of Ukraine” enters into
force ”.
7) The Law of Ukraine “On the Legal Status of the Martial Law” (Official Gazette
(Vidomosti) of the Verkhovna Rada of Ukraine, 2015, No. 28, p. 250 with following
amendments):
a) Article 4:
Sub-paragraph one of the third part shall be complemented with the words “or
termination of their powers in accordance with the law”;
The first sentence of the fourth part after the words “within the timeframe as
provided for by the Law of Ukraine “On Local Self-Government in Ukraine” shall be
complemented with the words “or termination of their powers in accordance with the
law”;
The eighth part shall be rephrased as follows:
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“8. Military administrations of settlements, district, regional military administrations
shall exercise their powers until the first meeting of the first session of a respective council
elected after the termination of the martial law”;
To include the ninth part which reads as follows:
“9. In accordance with this Law, on the day when an act of the President of Ukraine
on the establishment of a military administration comes into force, the powers of the
following authorities shall be terminated:
regional council, its executive secretariat, officials and civil servants of local self-
government who work in these bodies - in case of the establishment of a regional military
administration;
district council, its executive secretariat, officials and civil servants of local self-
government who work in these bodies - in case of the establishment of a district military
administration;
councils of villages, settlements, cities, district councils in the city (in case of their
establishment), their executive secretariat, heads of villages, settlements, cities, other
officials and civil servants of local self-government who work in these bodies - in case of the
establishment of a military administration of a respective settlement (settlements);
settlement, district and regional civil-military administrations - in case of the
establishment of a military administration of a respective settlement (settlements) military
administration, a military administration of a district, region”;
b) To complement Article 5 with the seventh part:
“7. In case the martial law is introduced in certain territories of Ukraine, certain
measures of the martial law, as provided for by this Law and specified by the Decree of the
President of Ukraine on imposing the martial law, can apply to other territories of Ukraine”;
c) in the second part of Article 9 the words “local self-government bodies” shall be
excluded;
d) in the first part of Article 12 the words “or in its certain territories” shall be
excluded;
e) sub-paragraph one of the third part of Article 15 shall be rephrased as follows:
“Along with the powers of local state administrations, district and regional military
administrations exercise their powers, related to the introduction and implementation of
the martial law measures within the respective territory, as well as exercise the powers
regarding”
f) Article 28 shall be complemented with the fourth part which reads as follows:
“4. In case the martial law is introduced in certain territories in order to restore state
sovereignty over the temporarily occupied territory of the Donetsk and Luhansk regions of
Ukraine:
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powers of settlement, district and regional civil-military administrations shall be
terminated in accordance with this Law on the day when the act of the President of
Ukraine on the establishment of a respective military administration of a respective
settlement (settlements), district, region enters into force;
the Joint Operative Headquarters of the Armed Forces of Ukraine under the general
command of the General Staff of the Armed Forces of Ukraine shall exercise direction,
coordination and control over the activities of regional military administrations related to
ensuring defense, civil order and security, implementation of the martial law measures ,
while the Cabinet of Ministers of Ukraine within its competence shall exercise such
direction, coordination and control over the activities of regional military administrations
related to other issues ; guideline, coordination and supervision over the activities of
district military administrations related to ensuring defense, civil order and security,
implementation of the martial law measures shall be exercised by the regional military
administrations, and over the activities related to other issues by the Cabinet of Ministers
of Ukraine, regional state administrations within its competence;
The General Staff of the Armed Forces of Ukraine exercises powers prescribed by
paragraphs 1, 3 and 4 of Article 14 of this Law, as well as powers related to organization of
the preparation and general command of the Armed Forces of Ukraine, units and bodies of
other militarized forces and law enforcement agencies while they implement the martial
law measures;
The Joint Operative Headquarters of the Armed Forces of Ukraine exercises direct
command over the forces and means of the Armed Forces of Ukraine, other militarized
forces involved into the implementation of measures to ensure national security and
defense and the martial law measures directly in the Donetsk and Luhansk regions”.
4. Within one month beginning from the date when this Law enters into force, the
Cabinet of Ministers of Ukraine shall bring its normative and legal acts, as well as to ensure
that ministries, other central executive authorities bring their normative and legal acts into
conformity with this Law.
The Chairperson
of the Verkhovna Rada of Ukraine

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1 3-копия-b

  • 1. Draft Law of Ukraine On Particular Aspects of the Public Policy Regarding the Restoration of Sovereignty of Ukraine over the Temporarily Occupied Territory of the Donetsk and Luhansk Regions of Ukraine The Verkhovna Rada of Ukraine, drawing on the Declaration of State Sovereignty of Ukraine and the Constitution of Ukraine, underscoring that sovereignty of Ukraine extends to its entire territory, which is integral and inviolable within its internationally recognized borders, being guided by the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the UN Charted of 24 October 1970, understanding that, in accordance with paragraphs “a”, “b”, “c”, “d”, and “g” of Article 3 of Resolution 3314 (XXIX) of the UN General Assembly (Definition of Aggression) of 14 December 1974, the use of armed force by the Russian Federation against Ukraine, which commenced on 20 February 2014, is a crime of armed aggression and brutally violates the Memorandum on Security Assurances in Connection with Ukraine's Accession to the Treaty on the Non-Proliferation of Nuclear Weapons of 1994, and the Treaty on Friendship, Cooperation, and Partnership between Ukraine and the Russian Federation of 1997, stating that, in light of the IV Hague Convention of 5 (18) October 1907, IV Geneva Convention of 12 August 1949 and I Additional Protocol of 8 June 1977 to the Geneva Conventions of 1949, one of the consequences of the armed aggression of the Russian Federation against Ukraine is temporary occupation of parts of Ukraine’s territory, non-recognizing the illegal seizure of a part of Ukraine’s territory by the Russian Federation, confirming the inviolable sovereign right of Ukraine to restore its territorial integrity, taking into account that the Russian Federation carries out the armed aggression against Ukraine and temporarily occupies a part of its territory by using the Armed Forced of the Russian Federation, which include regular units, Russian military advisors and instructors, irregular illegal armed formations, armed gangs and groups of mercenaries created, subordinated, instructed, controlled and sponsored by the Russian Federation, and also by using the occupation administration of the Russian Federation, which includes its governmental authorities that execute their functions within the temporarily occupied territory, and the Russian Federation controlled self-proclaimed authorities that usurped the executive functions in the occupied territory of Ukraine,
  • 2. 2 noting that activities of the Russian Federation, its Armed Forces, illegal armed formations under its control, and occupation authorities in the territory of certain areas of the Donetsk and Luhansk regions brutally violate the Minsk Protocol of 5 September 2014, the Minsk Memorandum of 19 September 2014 and the Minsk “Package of Measures” of 12 February 2015, in particular by: systematical violation of the cease-fire regime and continued shelling of civilian facilities and infrastructure that result in numerous casualties among the personnel of the Armed Forces and other militarized forces of Ukraine as well as civilians; consistent attempts to extend the Russian legislation and fiscal system to certain areas of the Donetsk and Luhansk regions; advancement of illegal demands to change registration of enterprises and pay taxes to the occupation authorities in certain areas of the Donetsk and Luhansk regions; introduction of the Russian ruble as a single currency in certain areas of the Donetsk and Luhansk regions; establishment of so called “external management” at the enterprises in certain areas of the Donetsk and Luhansk regions what means their de facto expropriation; issue and recognition of illegal identification documents and transport registration plates in certain areas of the Donetsk and Luhansk regions; confirming commitment to the peaceful political settlement based on international law and the UN Charter; reserving Ukraine’s inviolable sovereign right to self-defense in accordance with Article 51 of the UN Charter; adopts this Law that defines particular aspects of the public policy regarding ensuring national security and restoring territorial integrity of Ukraine in the Donetsk and Luhansk regions. Article 1. The temporarily occupied territory of the Donetsk and Luhansk regions shall be defined as follows: 1) land area wherein the units of the Russian Federation Armed Forces, illegal armed formations created, subordinated, instructed, controlled, and sponsored by the Russian Federation, and the occupation administration of the Russian Federation established and exercise their authority, and internal waters of Ukraine within this area; 2) inland waters and territorial sea of Ukraine adjacent to the land territory specified in clause 1 of this part; 3) air space above the areas specified in clauses 1 and 2 of this para. Boundaries of the temporarily occupied territories of the Donetsk and Luhansk regions shall be determined upon the proposal of the General Staff of the Armed Forces of
  • 3. 3 Ukraine by the Ministry of Defense of Ukraine that shall ensure that these boundaries are up to date. A special legal regime that defines procedures for crossing the above boundaries, committing legal transactions, exercising and protecting human and civil rights and freedoms shall be established with regard to the temporarily occupied territories of the Donetsk and Luhansk regions. Article 2. Any bodies and their officials in the temporarily occupied territories of Donetsk and Luhansk regions as well as their activities are considered illegal if these bodies or official positions are not envisaged by the Constitution and laws of Ukraine and were elected, appointed or created in a manner not provided for by the Constitution or laws of Ukraine. Any act (decision, document) issued by bodies or officials described in para one of this Article is null and void, and has no legal effects. All individual persons, regardless of their IDP or any other legal status, and legal entities shall reserve their property rights and other property-related rights, including right to real estate and land located within the temporarily occupied territories in the Donetsk and Luhansk regions, if such rights were gained in accordance with the Ukrainian laws. The state of Ukraine, territorial communities of villages, towns and cities that are located within the temporarily occupied territories in the Donetsk and Luhansk regions, state authorities of Ukraine, local self-government authorities and other subjects of public law shall reserve their property rights and other property-related rights, including right to real estate and land located within the temporarily occupied territories in the Donetsk and Luhansk regions. Article 3. The spublic policy regarding the restoration of sovereignty of Ukraine over the temporarily occupied territories in the Donetsk and Luhansk regions shall be based on universally recognized principles and norms of international law and the national legislation. Article 4. The aims of the public policy regarding the restoration of sovereignty of Ukraine over the temporarily occupied territories in the Donetsk and Luhansk regions shall be: liberation of these territories and restoration of the Constitutional order therein; protection of rights, freedoms, and legitimate interests of the citizens of Ukraine who suffered from the aggression of the Russian Federation; strengthening of independence, statehood, ensuring of unity and territorial integrity of the Ukrainian state. Article 5. To ensure state sovereignty of Ukraine in the temporarily occupied territories in the Donetsk and Luhansk regions, the state authorities, within their powers and in a manner prescribed by the Constitution and laws of Ukraine, shall:
  • 4. 4 use available possibilities to protect rights and freedoms of the citizens of Ukraine who live in these territories; implement political, diplomatic and other measures aimed at restoration of territorial integrity of Ukraine within its internationally recognized borders in compliance with international obligations of Ukraine and universally recognized principles and norms of international law; take exhaustive measures to ensure national security and defense as well as to restrain the aggression of the Russian Federation in the Donetsk and Luhansk regions; proactively develop defense and security capabilities of Ukraine drawing primarily on own resources while taking advantage of international cooperation to the fullest extent. Article 6. The basis for protection of rights and freedoms of the citizens of Ukraine who live in the temporarily occupied territories in the Donetsk and Luhansk regions shall be facilitation of satisfying their social and economic needs, restoring humanitarian and cultural ties with them, providing humanitarian aid to them, ensuring their access to Ukrainian media and national means of legal protection, including by implementation of measures defined by the central executive authority of Ukraine responsible for development and implementation of the public policy regarding the temporarily occupied territories. Specific aspects of committing legal transactions and exercising other human and citizen rights and freedoms in the temporarily occupied territories in the Donetsk and Luhansk regions shall be defined by the Law of Ukraine “On Securing the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine”, except for the order of crossing the boundaries of the temporarily occupied territory of certain areas of the Donetsk and Luhansk regions that shall be defined by the present Law. The Cabinet of Ministers of Ukraine shall carry out permanent monitoring of observance of human and citizen rights and freedoms and document violations of these rights and freedoms in certain areas of the Donetsk and Luhansk regions and, following this monitoring, shall promulgate and provide relevant information to the international organizations, which act in the area of protection of human and citizen rights and freedoms, as well as undertake necessary measures. The Human Rights Commissioner of the Verkhovna Rada of Ukraine shall carry out parliamentary control over observance of the Constitutional human and citizen rights and freedoms in certain areas of the Donetsk and Luhansk regions in line with the legislation. The state of Ukraine does not bear responsibility for illegal acts of the Russian Federation as the aggressor state and of the illegal armed formations controlled by it in the territory of certain areas of the Donetsk and Luhansk regions.
  • 5. 5 Article 7. The state authorities of Ukraine and their officials, while taking political and diplomatic measures aimed at restoration of territorial integrity of Ukraine within its internationally recognized borders, shall ensure priority of the implementation of the security provisions of the Minsk Protocol of 5 September 2014, the Minsk Memorandum of 19 September 2014 and the Minsk “Package of Measures” of 12 February 2015 in order to create proper conditions for the political settlement. To ensure national security and defense, in particular in the statehood, economy, information and ecology spheres, , to restrain the armed aggression of the Russian Federation against Ukraine, the state authorities of the security and defense sector, other state authorities and their officials shall take measures in the Donetsk and Luhansk regions aimed at restoration of territorial integrity of Ukraine, which are envisaged by the UN Charter, including by implementation of the inviolable right of Ukraine to self-defense, and ensure comprehensive development of defense, economic, information, telecommunication, social and humanitarian infrastructure in the territories adjacent to certain areas of the Donetsk and Luhansk regions, and shall, in accordance with documents on strategic defense planning, implement measures aimed at strengthening defense and security capabilities of Ukraine. Article 8. Forces and means (including personnel, specialists of separate units, military units, weapons, military equipment, special and transport vehicles, communication and telecommunication means, other material and technical means) of the Armed Forces of Ukraine, other militarized forces (Security Service of Ukraine, Foreign Intelligence Service of Ukraine, State Service of Special Communications and Information Protection of Ukraine, National Guard of Ukraine, State Border Service of Ukraine, Department of the State Guard of Ukraine, State Special Transport Service), Ministry of Interior of Ukraine, National Police of Ukraine, central executive authority responsible for civil protection shall be used to implement measures aimed at ensuring national security and defense in the Donetsk and Luhansk regions. Article 9. During the period of validity of the present Law, the President of Ukraine can take decisions to use the Armed Forces of Ukraine or other militarized forces envisaged by the legislation of Ukraine in the Donetsk and Luhansk regions to restrain and repulse the armed aggression of the Russian Federation, restore territorial integrity of Ukraine, provide for protection and defense of the state border of Ukraine, the line of contact, repel attacks that threaten lives of military personnel or civilians. If needed, a decision on imposition of martial law or other decisions can be taken in accordance with and in a manner prescribed by the Constitution and laws of Ukraine. Article 10. The Joint Operative Headquarters of the Armed Forces of Ukraine shall be authorized to command forces and means that are involved into implementation of measures to ensure national security and defense in the Donetsk and Luhansk regions.
  • 6. 6 The Head of the Joint Operative Headquarters of the Armed Forces of Ukraine shall be appointed by the President of Ukraine upon a recommendation of the Head of the General Staff – Commander-in-Chief of the Armed Forces of Ukraine. Personnel of law enforcement agencies, military personnel and other persons that are involved into implementation of measures to ensure national security and defense in the Donetsk and Luhansk regions, for the period of their involvement, shall come under command of the Head of the Joint Operative Headquarters of the Armed Forces of Ukraine. The Joint Operative Headquarters of the Armed Forces of Ukraine shall be responsible for planning, organization and control over implementation of measures aimed at ensuring defense as well as state, economic, information and ecological security in the Donetsk and Luhansk regions, in particular operating control and management of activities of the civil-military or military administrations in the fields of national security and defense if such administrations are established in the Donetsk and Luhansk regions. Article 11. The Head of the Joint Operative Headquarters of the Armed Forces of Ukraine shall, upon consent of the Security Service of Ukraine and with due regard to the security situation on the ground, define the regime along the line of contact as well as the procedure of movement of persons and goods over the line of contact. Article 12. Final and transitional provisions 1. This Law shall come into force on the day of its publication. 2. This Law shall act without detriment to the inherent sovereign right of Ukraine to the territory of the Autonomous Republic of Crimea and the city of Sevastopol temporally occupied by the Russian Federation. 3. The amendments shall be introduced into the following laws: 1) The Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection” (Official gazette (Vidomosti) of the Verkhovna Rada of Ukraine, 1993, No. 45, p. 425 with the following amendments): a) paragraph 19 of the first part of Article 6: sub-paragraph one shall be complemented with the words “in the implementation of measures to ensure national security in the Donetsk and Luhansk regions in accordance with the Law of Ukraine “On Particular Aspects of the Public Policy Regarding the Restoration of State Sovereignty of Ukraine over Temporarily Occupied Territory of the Donetsk and Luhansk Regions of Ukraine”; the first sentence of sub-paragraph two shall be rephrased as follows: “The Cabinet of Ministers of Ukraine shall define a procedure of granting the status of a war veteran to the persons specified in sub-paragraph one of this paragraph, categories of these persons and duration of their participation in (support for conduct of) the anti-terrorist operation, in the implementation of measures to ensure national security in the Donetsk and Luhansk regions in accordance with the Law of Ukraine “On Particular Aspects of the Public Policy
  • 7. 7 Regarding the Restoration of State Sovereignty of Ukraine over Temporarily Occupied Territory of the Donetsk and Luhansk Regions of Ukraine”, as well as the areas of the anti- terrorist operation, areas of the implementation of measures to ensure national security in the Donetsk and Luhansk regions”. b) part two of Article 7: item 11 shall be rephrased follows: “military personnel (reservists, persons liable for military service) and employees of the Armed Forces of Ukraine, National Guard of Ukraine, Security Service of Ukraine, Foreign Intelligence Service of Ukraine, State Border Guard Service of Ukraine, State Special Transport Service, military personnel of the military prosecutor’s offices, privates and officers of the units of operational support for the conduct of the anti-terrorist operation of the central executive authority responsible for the public policy in the area of taxation, customs affairs, as well as policemen, privates and officers, military personnel, employees of the Ministry of Interior of Ukraine, Department of the State Guard of Ukraine, State Service of Special Communications and Information Protection of Ukraine, State Emergency Service of Ukraine, State Penitentiary Service of Ukraine, other militarized forces established in accordance with the laws of Ukraine, who defended independence, sovereignty and territorial integrity of Ukraine and became disabled persons as a result of injury, concussion or mutilation sustained during direct participation in the anti-terrorist operation, support for its conduct, being directly in the area of the anti-terrorist operation during its conduct, participation in the implementation of measures to ensure national security in the Donetsk and Luhansk regions in accordance with the Law of Ukraine “On Particular Aspects of the Public Policy Regarding the Restoration of State Sovereignty of Ukraine over Temporarily Occupied Territory of the Donetsk and Luhansk Regions of Ukraine”, as well as employees of enterprises, agencies, organizations who were involved in the support of the anti-terrorist operation, support of the implementation of measures to ensure national security in the Donetsk and Luhansk regions in accordance with the Law of Ukraine “On Particular Aspects of the Public Policy Regarding the Restoration of State Sovereignty of Ukraine over Temporarily Occupied Territory of the Donetsk and Luhansk Regions of Ukraine” and became disabled persons as a result of injury, concussion or mutilation sustained during support of the anti-terrorist operation directly in the area of and during its conduct, support of the implementation of measures to ensure national security in the Donetsk and Luhansk regions”; item 14 shall be rephrased as follows: “14) persons who voluntarily supported (or were voluntarily involved in the support of) the anti-terrorist operation, the implementation of measures to ensure national security in the Donetsk and Luhansk regions in accordance with the Law of Ukraine “On Particular Aspects of the Public Policy Regarding the Restoration of State Sovereignty of Ukraine over Temporarily Occupied Territory of the Donetsk and Luhansk Regions of Ukraine” (including carrying out volunteer activities) and have become disabled persons as
  • 8. 8 a result of injury, concussion or mutilation sustained during the support of the anti-terrorist operation, support of the implementation of measures to ensure national security in the Donetsk and Luhansk regions (including carrying out volunteer activities), being directly in the area of the anti-terrorist operation during its conduct, in the Donetsk and Luhansk regions during the implementation of measures to ensure national security in the Donetsk and Luhansk regions in accordance with the Law of Ukraine “On Particular Aspects of the Public Policy Regarding the Restoration of State Sovereignty of Ukraine Over Temporarily Occupied Territory of the Donetsk and Luhansk Regions of Ukraine”. c) item 13 of Article 9 shall be rephrased as follows: “13) employees of the enterprises, agencies, organizations who were involved or directly participated in the conduct of the anti-terrorist operation, support of the implementation of measures to ensure national security in the Donetsk and Luhansk regions in accordance with the Law of Ukraine “On Particular Aspects of the Public Policy Regarding the Restoration of State Sovereignty of Ukraine Over Temporarily Occupied Territory of the Donetsk and Luhansk Regions of Ukraine”, being directly in the area of the anti-terrorist operation during its conduct, support of the implementation of measures to ensure national security in the Donetsk and Luhansk regions in a manner prescribed by the laws. The Cabinet of Ministers of Ukraine shall define a procedure of granting the status of a war veteran to the persons specified in sub-paragraph one of this paragraph, categories of these persons and duration of their participation in the anti-terrorist operation, support of the implementation of measures to ensure national security in the Donetsk and Luhansk regions, as well as the areas of the anti-terrorist operation, areas of the implementation of measures to ensure the national security in the Donetsk and Luhansk regions”. d) sub-paragraph eight of paragraph one of the first part of Article 10 shall be rephrased as follows: “families of military personnel (reservists, persons liable for military service) and employees of the Armed Forces of Ukraine, National Guard of Ukraine, Security Service of Ukraine, Foreign Intelligence Service of Ukraine, State Border Guard Service of Ukraine, State Special Transport Service, military personnel of the military prosecutor’s offices, privates and officers of units of operational support for the anti-terrorist operation of the central executive authority responsible for the public policy in the areas of taxation, customs affairs, as well as policemen, privates and officers, military personnel, employees of the Ministry of Interior of Ukraine, Department of the State Guard of Ukraine, State Service of Special Communications and Information Protection of Ukraine, State Emergency Service of Ukraine, State Penitentiary Service of Ukraine, other militarized forces established in accordance with the laws of Ukraine, who defended independence, sovereignty and territorial integrity of Ukraine and were directly involved in the anti- terrorist operation, support of its conduct, being directly in the area of the anti-terrorist operation during its conduct and were killed (are missing), died as a result of injury,
  • 9. 9 concussion or mutilation sustained due to direct participation in the anti-terrorist operation, support of its conduct, being directly in the area of the anti-terrorist operation during its conduct, were directly involved in the implementation of measures to ensure national security in the Donetsk and Luhansk regions in accordance with the Law of Ukraine “On Particular Aspects of the Public Policy Regarding the Restoration of State Sovereignty of Ukraine over Temporarily Occupied Territory of the Donetsk and Luhansk Regions of Ukraine” and were killed (are missing), died as a result of injury, concussion or mutilation sustained due to direct participation in the implementation of these measures, support of their implementation being directly in the area and during their implementation, as well as families of employees of enterprises, agencies, organizations that were involved in the support of the implementation of measures to ensure national security in the Donetsk and Luhansk regions and were killed (are missing), died as a result of injury, concussion or mutilation sustained during the implementation of these measures directly in the area and during their implementation”. 2) The Law of Ukraine “On Local Self-Government in Ukraine” (Official Gazette (Vidomosti) of the Verkhovna Rada of Ukraine, 1997, No. 24, p. 170): a) the first sentence of the second part of Article 42 shall be complemented with the words “or the Law of Ukraine “On the Legal Status of the Martial Law”; b) Article 78: the paragraph 3 of the first part shall be rephrased as follows: “3) provided for by the Law of Ukraine “On Civil-Military Administrations” and the Law of Ukraine “On the Legal Status of the Martial Law”; In the fifth part the words “respective civil-military administration” shall be replaced by the following “respective civil-military administration, military administration”; c) Article 79: In sub-paragraph two of the second part the words “where provided for by the Law of Ukraine “On Civil-Military Administrations” shall be replaced with the following “where provided for by the Law of Ukraine “On Civil-Military Administrations”, the Law of Ukraine “On the Legal Status of the Martial Law”; In paragraph 3-1 of the eleventh part the words “respective civil-military administration” shall be replaced with the following “respective civil-military administration, military administration”; d) Article 79-1: The second part shall be complemented with the following sub-paragraph: “Powers of a village head can be terminated early as provided for by the Law of Ukraine “On the Legal Status of the Martial Law”; In the seventh part:
  • 10. 10 - in paragraph 5 the words “by the second part of this Article” shall be replaced with the following “by sub-paragraph one of the second part of this Article”. - to include paragraph 6 which reads as follows: “6) on a reason specified in sub-paragraph two of the second part of this Article – from the day when an act of the President of Ukraine on the establishment of a respective military administration in a settlement (settlements) enters into force”; 3) section V “Final Provisions” of the Law of Ukraine “On the Armed Forces of Ukraine” (Official Gazette (Vidomosti) of the Verkhovna Rada of Ukraine, 2000, No. 48, p. 410 with following amendments) shall be complemented with paragraph 1-1 which reads as follows: “1-1. In the time of peace in accordance with the legislation units of the Armed Forces of Ukraine can be involved in the implementation of measures provided for by the Law of Ukraine “On Particular Aspects of the Public Policy Regarding the Restoration of State Sovereignty of Ukraine over Temporarily Occupied Territory of the Donetsk and Luhansk Regions of Ukraine”. Units of the Armed Forces of Ukraine, which are involved in the implementation of these measures, have the right to use weapons and military equipment”; 4) Article 6 of the Law of Ukraine “On the Foundations of Foreign and Internal Policies” (Official Gazette (Vidomosti) of the Verkhovna Rada of Ukraine, 2010, No. 40, p. 527) shall be amended as follows: “Article 6. The foundations of the national security and defense policy. 1. The fundamental principles of the national security and defense policy are as follows: Protection of: human life and dignity, citizens’ and human rights and freedoms, environment which is safe for health and life; democratic values, welfare and conditions for sustainable development of the society; its constitutional order, sovereignty, territorial integrity of the state and inviolability of its territory; Legal order, democratic civil control over the security and defense sector and the use of force; Unity of command in the area of national security and defense; Observance of norms and principles of international law, participation in international efforts to maintain peace and security in the interests of Ukraine, as well as in inter-state systems and mechanisms of the international collective security; Ensuring foreign policy, military, state (internal), economic, information, ecologic security; Enhancing defense capabilities, development of the security and defense sector as a critical instrument for the implementation of the national security and defense policy”;
  • 11. 11 5) The Law of Ukraine “On Civil Military Administrations” (Official Gazette (Vidomosti) of the Verkhovna Rada of Ukraine, 2015, No. 13, p. 87 with following amendments): a) The eleventh part of Article 3 after sub-paragraph three shall be complemented with a new sub-paragraph: “Powers of civil-military administrations of settlements, of districts, of regions shall be also terminated in the accordance with the Law of Ukraine “On the Legal Status of the Martial Law”. In view of this, sub-paragraph four shall be numerated as sub-paragraph five; b) The second part of Article 7 shall be rephrased as follows: “The Law shall lose its validity on the day of the end of a special period which started upon the announcement of the partial mobilization for military service by the Decree of the President of Ukraine dated 17 March 2014, No. 303 “On Partial Mobilization for Military Service” approved by the Law of Ukraine “On the Approval of the Decree of the President of Ukraine “On Partial Mobilization for Military Service”; 6) Article 1 of the Law of Ukraine “On the Special Order of Local Self-Government in Certain Areas of the Donetsk and Luhansk Regions” shall be rephrased as follows: “In accordance with this Law, a special order of local self-government in certain areas of the Donetsk and Luhansk regions, which consist of districts, cities, towns, settlements, villages as specified by the decision of the Verkhovna Rada of Ukraine (hereafter – certain areas of the Donetsk and Luhansk regions) shall be introduced on a temporarily basis, for one year from the day when the Law of Ukraine “On Particular Aspects of the Public Policy Regarding the Restoration of State Sovereignty of Ukraine over Temporarily Occupied Territory of the Donetsk and Luhansk regions of Ukraine” enters into force ”. 7) The Law of Ukraine “On the Legal Status of the Martial Law” (Official Gazette (Vidomosti) of the Verkhovna Rada of Ukraine, 2015, No. 28, p. 250 with following amendments): a) Article 4: Sub-paragraph one of the third part shall be complemented with the words “or termination of their powers in accordance with the law”; The first sentence of the fourth part after the words “within the timeframe as provided for by the Law of Ukraine “On Local Self-Government in Ukraine” shall be complemented with the words “or termination of their powers in accordance with the law”; The eighth part shall be rephrased as follows:
  • 12. 12 “8. Military administrations of settlements, district, regional military administrations shall exercise their powers until the first meeting of the first session of a respective council elected after the termination of the martial law”; To include the ninth part which reads as follows: “9. In accordance with this Law, on the day when an act of the President of Ukraine on the establishment of a military administration comes into force, the powers of the following authorities shall be terminated: regional council, its executive secretariat, officials and civil servants of local self- government who work in these bodies - in case of the establishment of a regional military administration; district council, its executive secretariat, officials and civil servants of local self- government who work in these bodies - in case of the establishment of a district military administration; councils of villages, settlements, cities, district councils in the city (in case of their establishment), their executive secretariat, heads of villages, settlements, cities, other officials and civil servants of local self-government who work in these bodies - in case of the establishment of a military administration of a respective settlement (settlements); settlement, district and regional civil-military administrations - in case of the establishment of a military administration of a respective settlement (settlements) military administration, a military administration of a district, region”; b) To complement Article 5 with the seventh part: “7. In case the martial law is introduced in certain territories of Ukraine, certain measures of the martial law, as provided for by this Law and specified by the Decree of the President of Ukraine on imposing the martial law, can apply to other territories of Ukraine”; c) in the second part of Article 9 the words “local self-government bodies” shall be excluded; d) in the first part of Article 12 the words “or in its certain territories” shall be excluded; e) sub-paragraph one of the third part of Article 15 shall be rephrased as follows: “Along with the powers of local state administrations, district and regional military administrations exercise their powers, related to the introduction and implementation of the martial law measures within the respective territory, as well as exercise the powers regarding” f) Article 28 shall be complemented with the fourth part which reads as follows: “4. In case the martial law is introduced in certain territories in order to restore state sovereignty over the temporarily occupied territory of the Donetsk and Luhansk regions of Ukraine:
  • 13. 13 powers of settlement, district and regional civil-military administrations shall be terminated in accordance with this Law on the day when the act of the President of Ukraine on the establishment of a respective military administration of a respective settlement (settlements), district, region enters into force; the Joint Operative Headquarters of the Armed Forces of Ukraine under the general command of the General Staff of the Armed Forces of Ukraine shall exercise direction, coordination and control over the activities of regional military administrations related to ensuring defense, civil order and security, implementation of the martial law measures , while the Cabinet of Ministers of Ukraine within its competence shall exercise such direction, coordination and control over the activities of regional military administrations related to other issues ; guideline, coordination and supervision over the activities of district military administrations related to ensuring defense, civil order and security, implementation of the martial law measures shall be exercised by the regional military administrations, and over the activities related to other issues by the Cabinet of Ministers of Ukraine, regional state administrations within its competence; The General Staff of the Armed Forces of Ukraine exercises powers prescribed by paragraphs 1, 3 and 4 of Article 14 of this Law, as well as powers related to organization of the preparation and general command of the Armed Forces of Ukraine, units and bodies of other militarized forces and law enforcement agencies while they implement the martial law measures; The Joint Operative Headquarters of the Armed Forces of Ukraine exercises direct command over the forces and means of the Armed Forces of Ukraine, other militarized forces involved into the implementation of measures to ensure national security and defense and the martial law measures directly in the Donetsk and Luhansk regions”. 4. Within one month beginning from the date when this Law enters into force, the Cabinet of Ministers of Ukraine shall bring its normative and legal acts, as well as to ensure that ministries, other central executive authorities bring their normative and legal acts into conformity with this Law. The Chairperson of the Verkhovna Rada of Ukraine