Experts have prepared recommendations regarding the procedure to terminate powers of local self-government under martial law.
The military command of Ukraine will consider introducing the procedure to ensure prompt and large-scale formation of military administrations at the level of communities and settlements, especially in communities living in areas of active hostilities, occupation, blockade or encirclement, or experiencing a threat of such activities. In these communities, a military administration will be established immediately. The same decisions will be taken regarding all communities within the rayon or oblast.
Under Martial Law, Local Self-Government Activities Shall Be Limited.
In areas where hostilities are active, introduction and implementation of martial law is entrusted directly to the military command and administrations (Part Two of Article 8 of the Law of Ukraine “On Martial Law”). Military administrations in oblasts and rayons throughout Ukraine have initiated their operations since imposition of martial law on February 24, 2022.
Oblast and rayon state administrations heads have acquired the status of heads of military administrations (Ordinance Number 68/2022 of the President of Ukraine dated February 24, 2022).
On February 24, 2022, powers of all rayon and oblast councils were terminated which follows from the provisions of the Law of Ukraine “On the Legal Regime of Martial Law” (Parts Two, Four and Eight of Article 4 and Article 15 and Part Two of Article 28).
All governing bodies should be made aware of this, particularly all executive and local self-government, military command, rayon and oblast council deputies, their staffs and the general population of Ukraine.
Information on terminating powers of all rayon and oblast councils will make it impossible for the Russian enemy to use these councils or their individual deputies to force them to hold illegitimate or pseudo-meetings or engage in subversive activity.
In communities (a village, settlement or city), it is not a mandatory duty; but, the right to form a military administration (Part three of Article 4 of the Law of Ukraine “On the Legal Regime of Martial Law”).
The decision to establish military administrations shall be made by the President of Ukraine upon submission of the regional state administrations or military command (Part Two of Article 4 of the Law of Ukraine “On the Legal Regime of Martial Law”). In the case of formation of a military administration in a community or settlement, powers of local self-government shall be also terminated. All power in the community shall pass to the military administration from the date of its formation. Local self-governments shall resume their operations following new elections held after martial law has been lifted.
