The law is depricated. New law is "" RA law

Armenian   Russian    

THE LAW OF THE REPUBLIC OF ARMENIA

ON MARTIAL LAW

Adopted 29.05.1997
Non official translation
The present law regulates the relations brought about in martial law conditions, defines the legal bases of Martial law declaration and stop, legal regime, tasks, events carried out during Martial law, the competences of local and state authorities of the (RA) as well as the responsibilities of enterprises, institutions, organizations, RA citizens and officials.

Chapter I
General Statements

Article 1. The President of the Republic of Armenia declares Martial law in the whole territory of the Republic or only in one part of it in case of armed attack at the Republic of Armenia, the existence of its direct menace or declaration of war by the National Assembly.

Article 2. Special session of National Assembly is called within 24 hours after the declaration on Martial law. The President of the Republic of Armenia addresses the people and the National Assembly with a message introducing the bases of Martial law declaration, the territorial borders and date of Martial law operations.
Simultaneously with the declaration of Martial law or after it the President of the Republic of Armenia can declare general or partial mobilization.

Article 3. The Martial law is stopped by:
a) the President of the Republic of Armenia after reviewing the bases of Martial law declaration:
b) the National Assembly of the Republic of Armenia on the bases of the conclusions of the constitutional court.

Article 4. The legal special regime of operations of state and local authorities as well as enterprises, institutions and organizations is defined by the Martial law which can envisage temporary limitations of separate rights and freedoms of physical and juridical person.

Article 5. The establishment of most favorable conditions for mobilization of RA armed forces and economy is the main problem of the Martial law declaration by the implementation of events prescribed by the present law.

Article 6. The legislation on Martial law consists of the Constitution of the Republic of Armenia, the present law, laws of the Republic of Armenia and other legal acts adopted in relevance with them.

Chapter II
The activities carried out during Martial Law

Article 7. The following activities can be carried out during Martial Law

a) Bringing the RA armed forces and other forces into complete preparedness state:

b) Passing the state and local authorities, objects of protection significance and population activities provision into Martial law regime:

c) Passing the civil defence system into complete preparedness state:

d) Declaration and implementation of partial or complete mobilization, partial or complete evacuation of population as well as enterprises, institutions and organizations in case of necessity:

e) Food, clothes, medicine and things of first aid distribution correspondence to Martial law demands:

f) Strengthening of preservation of public order as well as protection of objects of significance, population activities provision and other important objects:

g) Limitation of citizens and transport means movement, import and export of loads, definition of legal special regime of entrance and exit, inspection of transport means:

h) Defining curfew:

i) Limitation of press and mass-media freedom by means of preliminary censorship:

j) Limitation of the activities of parties, public organizations and their unities as well as prohibition of organization and implementation of meetings, rallies, demonstrations and strikes:

k) Definition of special rules of usage of means of communication:

l) Possession and usage of the necessary properties including logistic reserves, mobilization of equipment, transport and other means by competent state bodies for the purposes of protection organization:
The non-state property is possessed and used by guarantee of preliminary adequate compensation or further adequate reimbursement:

m) Definition of tasks subject to primary implementation of release of products having protective significance for enterprises, institutions and organizations:

n) Recruitment by defining the relevant order of salaries for the purposes of carrying out the protective and useful works of able-bodied population:

o) Pursuing the state financial-economic, tax and loan policy under specific circumstances:

p) Definition of the special order of transmission, distribution, usage, maintenance, obtainment and accounting of fire-arms, ammunition, explosive, easily flammable, radioactive toxic and chemical substances, drugs and alcohol:

q) Administrative expulsion of foreign citizens and persons having no citizenship by the order and in cases defined by the RA Legislation:

r) Implementation of other events under a specific circumstance within the framework of Constitution and laws.

Article 8. Elections of the President of the Republic of Armenia, National assembly and local authorities are prohibited during Martial law.

Article 9. During the Martial law, for the purposes of the implementation of the events prescribed by the Article 7 of the present law, taking into account the situation:

a) Additional competences can be given to the state governing bodies:

b) In the Martial law declared territory special governing bodies can be established and commandants (commandant) can be appointed:

c) The RA armed forces and other forces can pass into the direct subordination of the RA President, i.e. armed forces general commander.
The bodies and officials mentioned in point "b" of the present Article can promulgate obligatory legal acts or the ones subject to implementation within their competency in the Martial law declared territory.

Article 10. By the legal special regime defined by the Martial law separate rights and freedoms of a person or citizen can be temporary limited except the ones mentioned in Article 45 of the RA Constitution.

Article 11. The events prescribed by Articles 7 and 9 of the present law are defined by the RA laws, decrees, instructions or orders defined by the RA President, decisions of RA Government and RA Prime Minister.

Article 12. From the moment of Martial law declaration, within five days, the UN general secretary is informed on restrictions of citizen rights and freedoms by the RA Government that divert from the obligations assumed by the Republic of Armenia by 1966 International Treaty "on Civil and Political Rights". The UN general secretary is informed on the Martial law stop in the same way.

Chapter III
The Competence of the RA Government, State, Republican, Territorial and Local Authorities

Article 13. The Government of the Republic of Armenia:

a) after the Martial law declaration and not later than within 20 days submits the draft of the law on making amendments in the state budget of the current year to the National Assembly to which the reference on making amendments in the current socioeconomic development project is attached:

b) puts the preliminary worked out special project into action:

c) carries out the mobilization process of RA economy providing the transition of economy from peaceful conditions into war state:

d) provides the resource satisfaction of RA armed forces and the vital activities of the population:

e) provides the reprocessing the project of civil and territorial protection and controls their implementation:

f) takes necessary measures for the maintenance of legality and law and order as well as for securing the rights and freedoms of citizens.

g) fulfills other competences prescribed by acting laws during Martial law and by Constitution.

Article 14. State governing republican, territorial bodies and local authorities:

a) provide the fulfillment of the Legislation adopted for the case of Martial law declaration in their sphere (territory):

b) assist to the fulfillment of problems of subdivisions and military units located in their territory:

c) support to the organization of territorial protection and carry out civil defence activities:

d) take part in rescue and accidental-reconstruction works, in reconstruction of communication lines, objects of military significance:

e) support to carrying out mobilization:

f) take part in the works of providing the RA armed forces with food, clothes, fuel and other logistic resources:

g) provide fulfilling the tasks foreseen by the mobilization implementation project.
 

Chapter IV
The Rights of Enterprises, Institutions, Organizations as well as Citizens and Officials of the Republic of Armenia

Article 15. The enterprises, institutions and organizations

a) fulfill the demands of the acting Legislation during Martial law:

b) fulfill the tasks to satisfy the RA protection demands and to provide stable development of the economy on the release of the product providing vital activities of the population, as well as the repair, shipping of arms, ammunition and the establishment of military equipment:

c) carry out events prescribed by the regional and civil protection projects:

d) fulfill tasks prescribed by mobilization projects:

e) provide the participation of recruiters employed by them in the RA protection.

Article 16. The RA citizens and officials

a) fulfill the responsibilities of their military service:

b) participate in the fulfillment of the RA regional and civil protection events.

Article 17. People guilty in breaching the Legislation on Martial law carry the responsibility by the defined order of the Republic of Armenia. 

President of the Republic of Armenia
Levon Ter-Petrosyan

June 24, 1997
AL-121