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					                             The Law of Ukraine

                     On Civil Defense Troops of Ukraine

                         Date of Entry into Force:
                                May 7, 1999

It is mentioned in the Law that the Civil Defense Troops of Ukraine are the
specialized military formations which subordinate to the head of the central
body of executive power on emergency situations and protection of population
from consequences of Chornobyl catastrophe. The tasks of troops are the
protection of population and territories in case of emergency situations
caused by accident, catastrophe, natural disaster, epidemic, epizootic,
epifitotic, conflagration, use of destruction means that have caused or may
cause human and material losses, elimination of their consequences and other
as envisaged by law.

The Civil Defense Troops of Ukraine consist of military formations, units
and subdivisions, educational military units and subdivisions, bodies for
management of troops, respective military training departments in the higher
educational establishments.

Activity of the Civil Defense Troops of Ukraine is based on the following
principles:
- centralized management;
- collective development of decisions and one-man management during their
fulfillment;
- observation of military discipline;
- legality;
- publicity and preservation of state secret.

Activity of any political parties and movements in the Civil Defense Troops
of Ukraine and membership of military men in them shall be prohibited.

The Law contains the list of authorities of the Cabinet of Ministers of
Ukraine, ministries and other central bodies of executive power of Ukraine,
the Council of Ministers of the Autonomous Republic of Crimea, local state
administrations and bodies of local self-government as regards to ensuring
of efficient activity of the Civil Defense Troops of Ukraine.

The Civil Defense Troops of Ukraine are staffed during the conscript of
citizens to the military service on the basis of general military duty, as
well as on voluntary basis by contact. The list of posts that shall be held
by the military men on contract is approved by the head of central body of
executive power on emergency situations and protection of population from
consequences of Chornobyl catastrophe. According to the Law, conscripts are
selected to the Civil Defense Troops of Ukraine by the draft board, military
formations and units of Civil Defense Troops of Ukraine.

Conditions, procedure and terms of doing service by the military men of the
Civil Defense Troops of Ukraine, their status, rights and duties, the
procedure for holding of posts, conferment of military ranks, attestation
and dismissal from service are defined by laws on military service and other
normative legal acts that are issued according to them.

The patterns of uniform of the military men of the Civil Defense Troops of
Ukraine is approved by the Cabinet of Ministers of Ukraine upon submission
of the central body of executive power on emergency situations and
protection of population from consequences of Chornobyl catastrophe. Labor
relations of staff of the Civil Defense Troops of Ukraine are regulated by
the labor legislation.
For fulfillment of their duties the military men of the Civil Defense Troops
of Ukraine have the right to:
- demand from the officials and citizens to take measures regarding
protection of population from the consequences of emergency situations, stop
actions that prevent the Civil Defense Troops of Ukraine from execution of
set tasks;
- surround (block) some territories, separate buildings, constructions and
objects during accidents, catastrophes, natural disaster and fires;
- use, if necessary, communication facilities of enterprises, institutions
and organizations regardless of ownership forms and subordination;
- use out of turn, if required, all types of suburban and intercity
passenger transport;
- temporary prohibit or limit traffic and movement of pedestrians near and
within the emergency situation zone.

The Civil Defense Troops of Ukraine are financed from the State Budget of
Ukraine.


http://zakon.rada.gov.ua/cgi-bin/laws/anot.cgi?nreg=556-14

                                          Law of Ukraine

 „On Democratic Civil Control over Military Organization and Law Enforcement
                            Bodies of the Country”

                                  Date of entry into force:
                                        July 29, 2003

In the view of protection of national interests of Ukraine, establishment
and strengthening of constitutional grounds of democratic country with the
rule of law in the sphere of civil and military relations, ensuring human
rights and freedoms and in accordance with the international obligations
undertaken by Ukraine, the law determines legal basis of organization and
performance of civil control over the Armed Forces of Ukraine and other
military formations, formed in accordance with the laws of Ukraine and also
over law enforcement bodies of the country.

The law provides definitions of some terms, including:
1) civil and military relations – an aggregate of legal relations between
the society and constituents of the Military organizations of the country,
which encompass political, financial economic, social and other processes in
the sphere of national security and defense;
2) law enforcement bodies – state bodies, which according to the
legislation, perform law application and law enforcement functions.
3) democratic civil control over the Military organization and law
enforcement bodies of the country is a complex of legal, organizational and
informational measures taken in accordance with the Constitution and laws of
Ukraine, aimed at ensuring steady observance of lawfulness and openness in
activity of integral parts of the Military organization and law enforcement
bodies of the country, promoting their effective activity and fulfillment of
their functions, strengthening of state and military discipline.
Constitution of Ukraine, this and other laws of Ukraine and also
international agreements, agreed to be binding by the Verkhovna Rada of
Ukraine shall be the legal basis of the civil control over the Military
organization and law enforcement bodies of the country.

The subjects of civil control in the sphere of security and defense, law
enforcement activity in the state are:

     Reasonablenessof decisions of the state bodies on military issues and
      issues of law enforcement activity from the point of view of their
      correspondence to the grounds of domestic and foreign policy,
      international obligations of Ukraine under concluded agreements agreed
      to be binding by the Verkhovna Rada of Ukraine;
     The course of implementation of programs of reforms of the Armed Forces
      of Ukraine, other military formations, in particular program of
      transfer of the Armed Forces of Ukraine to contract form of staffing,
      settlement of issues of social and professional adaptation of
      servicemen subject to dismissal or retirement, provision of homes for
      them and conversion of former military facilities, military, military-
      political and military-technical cooperation with other countries and
      interstate unions, creation and development of production of new types
      of arms and military hardware, conversion of military enterprises and
      productions, alienation and sale of military property, privatization of
      enterprises that are managed by the Ministry of Defense of Ukraine and
      other central body of executive power, other national programs in the
      sphere of defense and national security, law enforcement activity;
      formation and implementation of staff policy in these spheres;
     Condition of military and patriotic education of youth; training of
      citizens to defending the Motherland;
     Issues of export and import of ammunition and military hardware;
     Observance of requirements of the Constitution and laws of Ukraine
      concerning rights and freedoms of citizens serving in the Armed Forces
      of Ukraine, other military formations, law enforcement bodies,
      condition of legal and social protection of persons subject to drafting
      to the military service, serving on the army or in reserve and also
      dismissed from military service and members of their families;
     Formation, approval and use of expenditures determined by the law on
      the State Budget of Ukraine for the needs of defense, national
      security, law enforcement activity; observance of budget legislation in
      these spheres;
     Formation, financial provision and fulfillment of defense order, plans
      of mobilization training and mobilization, measures on recycling or
      elimination of arms, preventing emergency situations and eliminating
      their consequences;
     Participation of subdivisions of the Armed Forces of Ukraine in
      international peacekeeping operations and anti-terrorist actions, joint
      military training exercises and other events within the framework of
      international military and military-technical cooperation;
     Observance of laws of Ukraine at settlement of issues on admission of
      subdivisions of armed forces of other countries to the territory of
      Ukraine and sometimes their stationing on its territory;
     Observance of lawfulness at consideration of appeals and claims of
      servicemen, persons dismissed from military service and members of
      their families by state power bodies and military officials.
System of civil control over the Military organization and law enforcement
bodies of the country consists of:

     Parliamentary control;
     Control effected by the President of Ukraine;
     Control by bodies of executive power and local self-government bodies;
     Control by judicial bodies and oversight bodies of prosecutor general
      office;
     Public control.


The subjects of civil control over the Military organization and law
enforcement bodies of the country are:

     The Verkhovna Rada of Ukraine;
     Ombudsman of the Verkhovna Rada for Human Rights;
     President of Ukraine;
     Council of National Security and Defence of Ukraine;
     Cabinet of Ministers of Ukraine;
     Central and local bodies of executive power within the powers envisaged
      by the law;
     Local self-government bodies within the powers envisaged by the law;
     Prosecutor General Office of Ukraine;
     Judicial bodies of Ukraine;
     Citizens of Ukraine and non-government organizations created in
      correspondence with the Constitution of Ukraine for exercising and
      protection of rights and freedoms of citizens and satisfying their
      political, economic, social and cultural interests;
     Mass media.


The law gives the list of authorities of entities of civil control at
performance of control over Military organization and law enforcement bodies
of the country.

Subjects of civil control shall exercise their authorities in the sphere of
control over observance of established by the legislation of Ukraine regime
of access to information considered state secret and also limitations set by
the law for protection of strategic interests of the country, including in
case of introduction of martial law or a state of emergency.

President of Ukraine as the head of the state and guarantor of the state
sovereignty, territorial integrity of Ukraine, observance of the
Constitution of Ukraine, rights and freedoms of a person and citizen and as
the Commander-in-Chief of the Armed Forces of Ukraine has the right to
perform control over the Military organization and law enforcement bodies of
the country. Such control is performed directly and through the Council of
National Security and Defence of Ukraine headed by him and also auxiliary
services formed by him if necessary.

The Council of National Security and Defence of Ukraine (hereinafter
referred to as the CNSDU) performs control over the Military organization on
the basis of the Constitution of Ukraine in accordance with the procedure
and within the competence determined by the Law of Ukraine “Council of
National Security and Defence of Ukraine”. Decisions of the CNSDU are
entered into force by decrees of the President of Ukraine. The CNSDU informs
public about its activity, including through mass media.

The law lists authorities of the Cabinet of Ministers of Ukraine, central
bodies of executive power, the Verkhovna Rada of the Autonomous Republic of
Crimea and Council of Ministers of the Autonomous Republic of Crimea, local
self-government bodies and local state administrations, citizens of Ukraine
and mass media in effecting control over the Military organization of the
country and law enforcement bodies.

With the view to ensure openness for public of the functioning of the
Military organization and law enforcement bodies and creating necessary
conditions for effecting democratic civil control in this sphere:

      state bodies, the activity of which is connected with the Military
       organization of the country, protection of public order and fight
       against crime, shall facilitation subjects of civil control in
       obtaining required information and provide assistance in fulfillment of
       their functions;
      management bodies of the Armed Forces of Ukraine, other military
       formations, law enforcement bodies inform in advance about holding of
       military exercise or other measures, if they can touch upon the rights
       of territorial communities, property or other interests of citizens or
       create a threat to life and health of people.


Press services and public relations departments shall provide objective and
full information to mass media about activity of the Armed Forces of
Ukraine, other military formations and law enforcement bodies.

Prosecutor General Office of Ukraine bodies shall perform supervision over
observance of the law at performance of civil control over the Military
Organization and law enforcement bodies.


http://zakon.rada.gov.ua/cgi-bin/laws/anot.cgi?nreg=975-15

				
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