Information in Ukrainian on the Law is available at http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_2?id=&pf3516=7108&skl=10.
Based on available text of Decree of President of Ukraine On Introduction of Emergency State in Certain Regions of Ukraine dated 23 February 2022 No. 63 (the “Decree”) the following key measures shall be taken:
Starting with 00.00 of 24 February 2022 for the period of 30 days the emergency condition shall be introduced in all regions of Ukraine (except for already occupied Crimea and Lugansk and Donetsk regions with special regime already introduced).
Heads of region and Kyiv city state administration shall form the staff for coordination of actions by state authorities and implementation of measures of emergency state which shall include representatives of law enforcement authorities, military forces and certain other central and local authorities.
Law enforcement authorities and military forces as well as central authorities shall facilitate implementation of measures of legal regime of emergency state.
The following measures shall be introduced:
4.1. establishment of special regime for entering and leaving the territory (if required);
4.2. restriction of movement of vehicles and their inspection (if required);
4.3. strengthening the protection of public order and facilities that ensure vital activities of the population and the national economy;
4.4. prohibition of holding mass events, except for events, the prohibition of which is established by court (if required);
4.5. prohibition of strikes;
4.6. temporary or permanent evacuation of people from places dangerous for living with mandatory provision of permanent or temporary premises;
4.7. introduction of curfew (prohibition to be in streets and other civic places without special passes and IDs in the established hours of the day, if required);
4.8. ID checks and if needed review of personal belongings, vehicles, luggage and cargos;
4.9. prohibition for conscripts, liable for military services or soldiers in the reserve to change the place of residency without informing respective territorial center of the Military Service of Ukraine or another respective state authority;
4.10. prohibition to create and share informational materials to destabilize the situation;
4.11. prohibition to make amateur radio transmitting devices for personal use;
4.12. special rules to use communication means and transfer of information via computers’ networks (if required).
The measures shall be implemented by state authorities, local self-governing authorities and respective military management as provided by Law of Ukraine “On Legal Regime of the State of Emergency” (hereinafter referred to as the “Law”).
Please note that in certain regions the respective coordination staffs have been formed and already issued more specific measures in line with the measures of the Decree. Please note that in Kyiv mass events are prohibited already so the local managed considered that it is already required.
Please find below brief information on certain provisions of the Law explaining the legal regime of the emergency state. Please note that the measures in the Decree are generally in line with the Law (the Decree is more specific on certain measures).
What is the state of emergency?
The state of emergency is a special legal regime that may be temporarily imposed in Ukraine or in certain localities in the event of emergencies which are man-caused or of natural occurrence and are not lower than the national level, that have caused or may lead to human and material losses, endanger life and health of citizens, or resulted from an attempt to seize the state power or change the constitutional order of Ukraine by violence; such state of emergency provides for vesting with the relevant state authorities, military command, and local governments in accordance with the Law certain powers necessary to prevent threats, as well as to ensure safety and health of citizens, normal functioning of national economy, public authorities, and local governments, protection of the constitutional order; it also allows imposing temporary (caused by such threats) restrictions on the exercise of constitutional rights and freedoms vested with a person and citizen, and the rights and legitimate interests of legal entities, with term of validity of such restrictions necessarily specified (Article 1 of the Law).
What is the procedure for declaring the state of emergency?
The state of emergency in Ukraine or its certain localities shall be imposed by Decree of the President of Ukraine, which is subject to approval by the Verkhovna Rada of Ukraine within two days from the date of its submission by the President of Ukraine (Article 5 of the Law).
What is the term, for which the state of emergency mat be imposed?
The state of emergency in Ukraine may be imposed for a period not exceeding 30 days and not more than 60 days in its certain territories. If necessary, the state of emergency may be extended by the President of Ukraine, but no more than for 30 days. The Decree of the President of Ukraine regarding continuation of the state of emergency shall enter into full force and effect upon its approval by the Verkhovna Rada of Ukraine (Article 7 of the Law).
What are main guarantees of the rights and freedoms of citizens and the rights and legitimate interests of legal entities in the state of emergency?
Legal status and restrictions on the rights and freedoms of citizens and the rights and legitimate interests of legal entities in the state of emergency (Article 22 of the Law)
1.1. The legal status and restrictions of the rights and freedoms of citizens and the rights and legitimate interests of legal entities in the state of emergency are determined in accordance with the Constitution of Ukraine, the Law, and other laws of Ukraine.
1.2. Restrictions on the constitutional rights and freedoms of citizens, which are provided for by the Law, and may be applied in the state of emergency, are exhaustive and are not subject to extensive interpretation. The term of their application does not exceed the period, for which the state of emergency is imposed. Other restrictions are prohibited.
Reimbursement of losses caused by the imposed state of emergency (Article 25 of the Law)
2.1. The persons who have lost their homes due to circumstances related to the state of emergency, including the works aimed at prevention or elimination of such circumstances, shall be provided with housing in accordance with the law. The persons who have suffered from emergencies, including during emergency rescue operations, are reimbursed for material damage and provided with other necessary assistance, subject to the terms, and in the manner, prescribed by law.
2.2. Legal entities whose property and resources were used to prevent or eliminate the situations that caused the state of emergency shall be reimbursed full value of such property and resources in the manner prescribed by law.
2.3. If the property that was subject to compulsory expropriation from legal entities and individuals is preserved after termination of the state of emergency, the former owner or his/her/its authorized person has the right to return such property via court or to demand provision of other property in exchange for the expropriated property, if it is possible.
What is liability for breach of measures of emergency conditions?
Breach of the discussed restrictions may result in administrative liability for violators. Any crime committed using the emergency state is considered as aggravated circumstance in qualification of such crime.