The legal basis for the introduction of martial law in Ukraine ( uk, Воєнний стан в Україні) is the

Constitution of Ukraine The Constitution of Ukraine ( uk, Конституція України, translit=Konstytutsiia Ukrainy) is the fundamental law of Ukraine. The constitution was adopted and ratified at the 5th session of the ''Verkhovna Rada'', the parliament ...

, the Law of

Ukraine Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inv ...

"On the legal status of

martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...

" (No. 389-VIII from May 12, 2015) and presidential decrees about the introduction of martial law. Modern-day martial law has been introduced two times in Ukraine. The previous law "On the legal status of martial law" was adopted in 2000 and signed by President

Leonid Kuchma Leonid Danylovych Kuchma ( uk, Леоні́д Дани́лович Ку́чма; born 9 August 1938) is a Ukrainian politician who was the second president of Ukraine from 19 July 1994 to 23 January 2005. Kuchma's presidency saw numerous corru ...

. It was changed several times: in 2003, 2008, 2010, 2012, and 2014. In 2015,

Petro Poroshenko Petro Oleksiyovych Poroshenko ( uk, Петро́ Олексі́йович Пороше́нко, ; born 26 September 1965) is a Ukrainian businessman and politician who served as the fifth president of Ukraine from 2014 to 2019. Poroshenko se ...

introduced bill No. 2541 to parliament. It was adopted by the Verkhovna Rada of Ukraine on May 12 and returned with the signature of the President of Ukraine on June 8. In order to implement the new law, the

Cabinet of Ministers of Ukraine The Cabinet of Ministers of Ukraine ( uk, Кабінет Міністрів України, translit=Kabinet Ministriv Ukrainy; shortened to CabMin), commonly referred to as the Government of Ukraine ( uk, Уряд України, ''Uriad Ukrai ...

approved a typical plan for the introduction and provision of measures for the legal regime of martial law in Ukraine or in its separate areas. In response to prolonged military intervention, central units of the executive branch of Ukraine created relevant divisions. In the Ministry of Social Policy operates Divilion for social adaptation of ATO participants and retired servicemen, in the Ministry of Health – Division of coordination and providing medical care during anti-terrorist operations, emergency and martial law. On May 28, 2015, in the program "Year of Poroshenko," the President said that a decree on the introduction of a martial law in Ukraine would be signed if a truce was violated and an offensive would take place on the position of the Armed Forces of Ukraine.

History

2018 martial law

A period of

was introduced by presidential decree on November 26, 2018 in 10 regions of

from 14:00 local time for 30 days on with the aim of strengthening the defense of Ukraine against the background of increasing tension with Russia. This happened after the incident in the Kerch Strait. Martial law was ended after 30 days. Initially, President

Poroshenko Petro Oleksiyovych Poroshenko ( uk, Петро́ Олексі́йович Пороше́нко, ; born 26 September 1965) is a Ukrainian businessman and politician who served as the fifth president of Ukraine from 2014 to 2019. Poroshenko ser ...

signed a decree for martial law within the whole of Ukraine for 60 days; however, after 5 hours of deliberations, a less restrictive version was signed into the law by an emergency session of the

Verkhovna Rada The Verkhovna Rada of Ukraine ( uk, Верхо́вна Ра́да Украї́ни, translit=, Verkhovna Rada Ukrainy, translation=Supreme Council of Ukraine, Ukrainian abbreviation ''ВРУ''), often simply Verkhovna Rada or just Rada, is the ...

. During the martial law (and starting on 30 November 2018) Ukraine banned all Russian men between 16 and 60 from entering the country for the period of the martial law with exceptions for humanitarian purposes. Ukraine claimed this was a security measure to prevent Russia from forming units of “private” armies on Ukrainian soil. According to the State Border Guard Service of Ukraine 1,650 Russian citizens were refused entry into Ukraine from November 26 to December 26, 2018. On 27 December 2018, the

National Security and Defense Council of Ukraine The National Security and Defense Council of Ukraine (NSDC; uk, Рада національної безпеки і оборони України, RNBO or RNBOU) is the coordinating state body of the executive power under the President of Ukrai ...

announced that it had extended "the restrictive measures of the State Border Guard Service regarding the entry of Russian men into Ukraine.”

Martial law areas

The affected territories were located along the

Russia–Ukraine border The Russia–Ukraine border is the international state border between the Russian Federation and Ukraine. Over land, the border outlines five oblasts (regions) of Ukraine and five oblasts of the Russian Federation. The modern border issue has be ...

, along the part of the Moldova–Ukraine border which runs along the unrecognised state of

Transnistria Transnistria, officially the Pridnestrovian Moldavian Republic (PMR), is an unrecognised breakaway state that is internationally recognised as a part of Moldova. Transnistria controls most of the narrow strip of land between the Dniester riv ...

(where Russian peacekeeping troops are present), and at the coasts of the

Black Sea The Black Sea is a marginal mediterranean sea of the Atlantic Ocean lying between Europe and Asia, east of the Balkans, south of the East European Plain, west of the Caucasus, and north of Anatolia. It is bounded by Bulgaria, Georgia, Rom ...

and Sea of Azov. The Ukrainian

internal waters According to the United Nations Convention on the Law of the Sea, a nation's internal waters include waters on the side of the baseline of a nation's territorial waters that is facing toward the land, except in archipelagic states. It includes wat ...

of the Azov–

Kerch Kerch ( uk, Керч; russian: Керчь, ; Old East Slavic: Кърчевъ; Ancient Greek: , ''Pantikápaion''; Medieval Greek: ''Bosporos''; crh, , ; tr, Kerç) is a city of regional significance on the Kerch Peninsula in the east of t ...

aquatory were also subject to the martial law.

Criticism

Despite public support, Poroshenko's decision was criticized because it occurred during the

2019 Ukrainian presidential election The 2019 Ukrainian presidential election was held on 31 March and 21 April in a two-round system. There were 39 candidates for the election on the ballot. The Annexation of Crimea by the Russian Federation, 2014 annexation of Crimea by Russia an ...

, which might be affected by the restrictions to the

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...

by the martial law (item 3 of the martial law decree). On the other hand, it has been criticized as being too late, because before the Kerch Strait incident several significantly more serious military incidents did occur since the

2014 Russian military intervention in Ukraine The Russo-Ukrainian War; uk, російсько-українська війна, rosiisko-ukrainska viina. has been ongoing between Russia (alongside Russian separatists in Ukraine) and Ukraine since February 2014. Following Ukraine's Re ...

. Critics associate the timing with Poroshenko's pre-election political ambitions, since his ratings for the 2019 Ukrainian presidential election fell very low. Concern was also expressed that the martial law would affect international aid payments.

2022 martial law

President

Volodymyr Zelenskyy Volodymyr Oleksandrovych Zelenskyy, ; russian: Владимир Александрович Зеленский, Vladimir Aleksandrovich Zelenskyy, (born 25 January 1978; also transliterated as Zelensky or Zelenskiy) is a Ukrainian politicia ...

declared martial law on 24 February 2022, in response to the

Russian invasion of Ukraine On 24 February 2022, in a major escalation of the Russo-Ukrainian War, which began in 2014. The invasion has resulted in tens of thousands of deaths on both sides. It has caused Europe's largest refugee crisis since World War II. An ...

. Speaking in a televised address to the nation shortly before 7 a.m., he clarified that all able-bodied men from 18-60 years old were not allowed to leave the country as the country began a general mobilization of all reserve forces. According to th
official facebook page
of the Ukraine State Border Guard Service, as of September 29, 2022, this prohibition of border-crossing remains in effect. On 26 February, Kyiv Mayor

Vitali Klitschko Vitali Volodymyrovych Klitschko (; uk, Віта́лій Володи́мирович Кличко́ ; born 19 July 1971) is a Ukrainian politician and former professional boxer who serves as mayor of Kyiv Opposition Platform — For Life The Opposition Platform – For Life ( uk, Опозиційна платформа – За життя; russian: Оппозиционная платформа – За жизнь, OPZZh) was a parliamentary and now banned pro-Russian and Euros ...

, the second-largest party in the

, and in effect, all left-wing political parties. On 22 May the Ukrainian parliament extended martial law for another 90 days, or until 20 August. On 16 August, martial law was again extended until 21 November.

References

External links

* * {{2022 Russian invasion of Ukraine 2018 in Ukraine 2018 in law 2022 in Ukraine 2022 in law

Law of Ukraine Emergency laws in Ukraine Politics of Ukraine Military history of Ukraine Russo-Ukrainian War War in Donbas 2022 Russian invasion of Ukraine 8th Ukrainian Verkhovna Rada