Published February 8, 2024

The Significance of Martial Law Extension in Ukraine: A Legal Framework for Responding to Security Threats

Image source: RFE/RL

Martial Law is a critical measure that involves the replacement of civilian governance with military authority and temporarily suspending regular legal processes in favor of military jurisdiction. In Ukraine, the rules for using martial law are laid out in the Constitution, the Law on Martial Law, and decrees from the president. The Constitution allows certain limitations on people's rights under the imposition of martial law. The parliament's duration may be extended until the next democratic assembly meets after the martial law period ends.

Under martial law, Ukrainian men between 18 and 60 cannot leave the country except for military service (Fischer, Carlo, et al. "Retraction." 2022,  https://doi.org/10.1126/science.adg2821). President Zelenskiy has proposed extending martial law for 90 days to ensure the state of emergency and army mobilization continue. The crisis began when Russia invaded Ukraine in February and has been extended multiple times. The parliament has once extended it until February 14th, 2024, and Zelenskiy wants to extend it until May 14th, 2024; this will enable the government to maintain special emergency measures and heightened military readiness, increasing its role in the government. The extension will result in more control over communication in Ukraine by the government, managing channels of information during the crisis, enhancing mobilization efforts, and fostering increased readiness of the armed forces, potentially calling up reserve forces.

The declaration and extension of martial law in Ukraine during Russia's invasion is crucial for the Ukrainian government. Martial law provides a legal framework for a temporary shift from civilian to military rule, granting expanded powers to the military. It allows the government to suspend regular legal processes, exercise greater control over communication, and maintain public order. The extension of martial law is significant since it enables the government to respond effectively to the ongoing security threats posed by the conflict.