Martial law. Characteristics. Military regime in the USSR

The regime of martial law in the Russian Federation provides for the restriction of the rights of organizations, officials and citizens, the imposition of additional duties on them. Along with this, the activities of state and local authorities are carried out in accordance with a specially established procedure. The military regime is called upon to formulate economic, legal and organizational conditions. These conditions, in turn, should contribute to the reflection or prevention of aggression.

Martial law is one of the means that can limit rights. The state can also declare mobilization, territorial and civil defense.

Martial law provides for citizens to enjoy all the freedoms and rights established by the Constitution of the Russian Federation, with the exception of those that are limited by the federal constitutional and other laws of the country. The population is obliged to comply with the requirements contained in these acts.

It should be noted that martial law as a legal institution has roots that go deep enough into history. This is noted in the Russian law, and in the laws of many foreign powers. Special, exceptional legislative acts capable of suspending the operation of current acts in a certain territory during a time of danger and granting certain executive powers with extraordinary powers were of great importance even in Ancient Rome.

In pre-revolutionary Russia, martial law was established in the border areas, with the presumed danger of invasion of the territory of the country by aggressors or in other territories of the state in the event of internal danger.

In the period from 1941 to 1945, the emergency situation in the USSR was regulated by a decree of the Presidium. This act, adopted in 1941, on June 21, operated only during the war. According to the decree, it was assumed that in the areas in martial law, the functions of all government bodies on the defended territory, ensuring the security of the country and public order belonged to the military councils of the armies, fronts, military districts. In areas where there were none, the powers were transferred to the highest command of the army's formations.

The military authorities had the right to take decisions that were binding for every citizen. If they were not fulfilled, a punishment was imposed in the form of administrative responsibility. Non-compliance with the orders and orders of the military authorities was regarded as a crime. Disobedience in areas that were in emergency conditions, presupposed criminal liability. Punishment was established in accordance with wartime laws. According to the adopted normative acts, all cases relating to these crimes were referred to the tribunal for consideration. At the same time, decisions and sentences were not subject to cassation appeal and could be canceled only in the order of supervision.

In the conditions of martial law in the USSR in 1941, June 30, a decree of the Presidium on the formation of state defense committee (the Defense Committee of the country) was adopted. This committee has actually become the supreme body in the state. The whole population, as well as the Komsomol, Party, military bodies were obliged to execute the orders and decisions adopted by the State Defense Committee.

In the most significant sectors of the national economy, the Institute of Commissioners from GKO carried out its activities. They (the Commissioners) had unlimited rights and were responsible for the strict implementation of the Committee's orders.

It should be noted that today, the rule of law seek to adhere to the humanitarian direction in the formation of policies and legislation. The undoubted priority of freedoms and rights of a citizen is established and fixed by the Constitution of the Russian Federation.