The right to kill and be killed: what you need to know about the laws of war
According to the law of war… This phrase, familiar to most of the films, today has gained real meaning. There is a war going on in the country, the scope of the rights that the Constitution has endowed us with is largely narrowed down. We have learned what a curfew is and do not leave the house without documents. Rostyslav Kravets, managing partner of the law firm Kravets and Partners, helps to figure out what else you need to know from wartime laws, KP in Ukraine. Rostislav Kravets Photo: facebook.com/rkravets
Nine days instead of three
On May 1, amendments to the Code of Criminal Procedure came into force, which define the features of criminal proceedings in wartime conditions. The most significant is the provision of law enforcement agencies with the right to deprive citizens of their liberty without a court decision for 216 hours, that is, 9 days. Before the war, the norm was 72 hours – 3 days.
– A detainee can be kept in a temporary detention center, in the premises of military commandant's offices, even placed in a pre-trial detention center if there is no other adapted room, – says Rostyslav Kravets.
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The lawyer points to cases when, for 216 hours, detainees were denied the assistance of a lawyer, although the changes in the Code of Criminal Procedure dictated by martial law did not cancel the constitutional right of citizens to defense.
The term of administrative detention is on suspicion of hooliganism or for identification – at the same time, it has not changed and is still 3 hours.
The prosecutor as a judge
The same amendments to the Code of Criminal Procedure expanded the powers of the prosecutor. If for some reason the investigating judge cannot perform his functions, then they are delegated to the head of the prosecutor's office, which supervises the investigation.
In court, representatives of the prosecutor's office usually request the most severe measure of restraint. This means that in wartime there are more chances of getting real, rather than house arrest.
The norm, obviously, is designed for a war zone, where the courts may not work, but the law applies throughout the territory of Ukraine. Prosecutors get the right to authorize a search, surveillance, wiretapping, to choose a measure of restraint.
– Subsequently, the prosecutor will still have to coordinate his actions with the judge, but he can take into custody for up to 30 days, – the lawyer notes.
It is worth recalling that representatives of the prosecutor's office usually request the most severe measure of restraint. This means that in wartime there are more chances of getting real, rather than house arrest or personal obligation.
Also, the head of the prosecutor's office has the right to extend the period of detention if the previous one has expired and there is no way to go to court.
Searchs without witnesses
At night time, martial law allows searches without witnesses. Provided that the law enforcement officers involved in this will continuously record their actions.
It is also allowed to record “using available technical means” the testimony of a suspect, witness, victim.
Lawyer Kravets draws attention to the fact that a voice recorder in a smartphone may be an affordable tool. Previously, the court did not accept such evidence, now they are legalized.
Inspection and inspection
An axiom of wartime is the availability of identity documents. A person without a passport or the “Diya” application on the phone has the right to be detained for three hours to find out what kind of “fruit” he is.
Also, martial law allows that a person who behaves suspiciously can be searched.
– Formally, this is a violation, a superficial inspection should be carried out, but taking into account wartime, they close their eyes to searches, – the lawyer draws attention. – A person who has violated the curfew may be detained not for three hours, as it should be for identification, but until the morning, so that the person does not move around the city, putting himself or someone else in danger.
Violator curfew, they can be delayed not for three hours, as it should be for identification, but until the morning.
Alienation of property
Wartime orders allow the alienation of communal as well as personal property of citizens. The special law does not contain a list of property that would be protected from alienation. Theoretically, it can be both wearable things and household items. However, the lawyer draws attention to the fact that when property is alienated, a special act must be drawn up and an assessment carried out for further compensation. The arguments are also indicated.
– For example, a Lexus can be taken from a person to evacuate children. But not for the sake of a military commander riding this car.
Everything that can be confiscated without a special decision of the military administration, without an act and without an assessment, is not alienation, but looting.
It is allowed to shoot
The most military, the most fair and at the same time the most dangerous law of our time. Since March 9, every Ukrainian, as well as a foreigner legally staying in our country, has received the right to use firearms and other weapons against the invaders on an equal basis with the military.
If people with weapons are approaching you, do not make sudden movements, try to run or engage in a skirmish. You need to raise your hands and fulfill all the requirements.
That's fair because we're at war, but dangerous because mistakes are possible. In a zone where hostilities are taking place, any stranger can be mistaken for a Russian soldier or a member of the DRG. KP in Ukraine told how a 12-year-old child fell victim to such excessive vigilance in the Zhytomyr region.
– Everyone has the right to shoot, but you need to remember that every case, if an error occurs, will be investigated, the circumstances will be studied. For inappropriate behavior, the maximum term is threatened – up to life imprisonment, – says Rostislav Kravets.
The lawyer recalls that the military, representatives of the territorial defense are not authorized to shoot at anyone who they did not like or seemed suspicious.
– Weapons are used exclusively in accordance with military regulations, there are rules that must be observed.
But … wartime. Therefore, if people with weapons are approaching you, you do not need to make sudden movements, try to run or engage in a skirmish. You need to raise your hands and fulfill all the requirements.
TO THE TOPIC
On questions about work: one day off or a ticket to go out
Wartime has made its own adjustments to the laws on the organization of labor. Now they dictate the following:
- Working hours can be up to 60 hours per week. That is, a person gets one day off and not necessarily on Saturday or Sunday. On a date specified by the employer.
- You can cut (fire) employees or change salaries without two months' notice.
- The employer can suspend the employment contract if he is unable to pay wages . The length of service is not interrupted.
- The employer is not liable for non-payment of wages if he can prove that hostilities were the reason for the delay. But he is obliged to compensate the debt after their termination.
- The employer gets the right to dismiss employees who are on sick leave or on vacation. The exception is sick leave for pregnancy or childcare.
- Without the consent of a person, he can be transferred to work related to the elimination of the consequences of hostilities.
- The employee receives the right to quit due to being in a combat zone actions. However, people involved in socially useful work or work at critical infrastructure facilities are deprived of such a right.
