Publication date: 25.06.2024
Legal regulation of economic activity under martial law
Introduction
Martial law is a special legal regime introduced in Ukraine in case of a threat to the national security and territorial integrity of the state. The imposition of martial law affects all spheres of public life, including economic activity. In this article, we will analyze the key aspects of legal regulation of economic activity under martial law as defined by the legislation;
Ukraine.
The main part
Legal and regulatory framework
The Constitution of Ukraine
The Constitution of Ukraine provides for the possibility of martial law (Article 64) and defines the fundamental rights and freedoms of citizens that may be restricted under martial law.
Law of Ukraine "On the Legal Regime of Martial Law"
This Law defines the procedure for the introduction, functioning and termination of martial law, as well as the specifics of legal regulation of various
areas of public life during its operation, including economic activity.
Law of Ukraine "On Defense of Ukraine"
The Law defines the legal, economic and organizational basis for the defense of Ukraine, including the attraction of economic resources to ensure the defense capability of the state.
Peculiarities of legal regulation of economic activity under martial law
Restrictions and prohibitions
Under martial law, certain restrictions and prohibitions on business activities may be imposed. In particular, the following measures may be applied:
The regime of the war economy
Establishment of a war economy regime that prioritizes the defense and security needs of the state.
Nationalization of property
Temporary seizure or nationalization of property of enterprises for defense purposes, subject to compensation.
Restrictions on the export of goods
Imposing restrictions on the export of strategically important goods and resources necessary to ensure the state's defense capability.
Deregulation and business support
In order to ensure economic stability under martial law, the state may take measures to deregulate and support business;
This may include:
Simplification of administrative procedures
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Simplification of procedures for obtaining licenses, permits and other administrative documents for companies operating in strategic areas.
Financial support
Providing financial support to enterprises affected by military operations in the form of preferential loans, subsidies or other financial instruments.
Protection of entrepreneurs' rights
Establishment of special measures to protect the rights of entrepreneurs, including simplification of dispute resolution procedures and protection from unfair competitors.
Involvement of enterprises in defense tasks
During martial law, the state may engage enterprises in defense tasks. This may include:
Production of defense products
Involvement of enterprises in the production of weapons, military equipment and other defense goods.
Logistics support
Use of transport and logistics companies to meet the needs of the Armed Forces of Ukraine and other military formations.
Construction and repair of infrastructure
Involvement of construction companies in the construction and repair of military infrastructure, shelters, roads and other facilities necessary for defense.
Legal guarantees and compensation
Protection of the rights of enterprises
Under martial law, the state guarantees the protection of the rights of enterprises involved in the performance of defense tasks. This includes:
The state is obliged to pay compensation for property temporarily seized or nationalized for defense purposes in accordance with the established procedure.
The right to appeal
Businesses have the right to appeal against the actions of state authorities to seize property or impose other restrictions through the courts.
Social protection of employees
Under martial law, the state also regulates the social protection of employees who may be involved in defense tasks. This includes:
Employment guarantees
Employees who have been temporarily transferred to other jobs or involved in defense tasks have the right to retain their main job.
Remuneration of labor
Employees involved in defense tasks are guaranteed remuneration in accordance with the law and the terms of their employment contract.
Social benefits
In the event of injury or death of employees in connection with the performance of defense tasks, the provision of appropriate social benefits is envisaged;
payments and compensation.
International cooperation
Under martial law, Ukraine is actively cooperating with international partners to ensure support for the national economy and business activities. The main areas of international cooperation include:
Financial assistance
Attracting financial assistance from international organizations and partner countries to support economic stability and recovery of the affected regions.
Humanitarian aid
Organizing humanitarian aid deliveries to meet the needs of the population and support affected businesses.
International sanctions
Cooperation with international partners to impose sanctions against the aggressor and limit its economic opportunities.
Conclusion.
Legal regulation of economic activity under martial law is a complex and multifaceted process that requires prompt and balanced decisions by the state. The main areas of regulation are restrictions and prohibitions on certain types of activities, deregulation and business support, involvement of enterprises in defense tasks, and provision of legal guarantees and compensation. International cooperation aimed at ensuring economic stability and maintaining national security also plays an important role. Given effective legal regulation, economic activity under martial law can remain stable and contribute to strengthening the state's defense capabilities.
