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THE SECURITY SECTOR LEGISLATION of UKRAINE 20122014 UPDATES 10 Illіnska Str, O THE SECURITY SECTOR LEGISLATION OF UKRAINE 20122014 UPDATES 20122014 UKRAINE OF LEGISLATION SECTOR SECURITY THE GENEVA CENTRE CENTER FOR FOR THE DEMOCRATIC ARMY, CONVERSION CONTROL OF ARMED AND DISARMAMENT FORCES DCAF P.O.Box 1360 STUDIES CACDS CH-1211 Geneva 1 10 Illіnska Str, o . 5, Switzerland Kyiv, Ukraine, 04070, Tel: +41 (0) 22 730 9400 Tel: +38 (0) 44 425 -42-10 Fax:+41 (0) 22 730 9405 http://cacds.org.ua THE SECURITY SECTOR LEGISLATION OF UKRAINE 20122014 UPDATES ISBN 978-966-2631-00-5 2015 OLEKSANDR LYTVYNENKO, MARCIN KOZIEL, PHILIPP FLURI (EDS.) THE SECURITY SECTOR LEGISLATION OF UKRAINE 2012-2014 UPDATES Geneva–Kyiv, 2015 ISBN 978-966-2631-00-5 This book presents collection of new laws and decrees on key issues of national security and defence, which were added to legislation of Ukraine during the period of 2012- 2014, after publication of the second background collection ‘The Security Sector Legislation of Ukraine’ (2012). For a wide range of readers. The Security Sector Legislation of Ukraine, 2012-2014, Updates. – Сenter for Army, Conversion and Disarmament Studies, Kyiv, 2015. – 284 p. Editors: Oleksandr Lytvynenko, Marcin Koziel, Philipp Fluri Project coordinator: Valentyn Badrack © Geneva Centre for the Democratic Control of Armed Forces, 2015 © Сenter for Аrmy, Сonversion and Disarmament Studies, 2015 ISBN 978-966-2631-00-5 TABLE OF CONTENTS Oleksandr LYTVYNENKO ...................................................................7 Marcin KOZIEL ............................................................................9 Philipp FLURI . 11 Part I . 12 The Constitutional Framework of Ukrainian National Security and Defence Policy Law of Ukraine “On Terminating the Validity of the Law of Ukraine on Amending Individual Legislative Acts of Ukraine to Bring them into Conformity with the Constitution of Ukraine” .........................................12 Part II . 14 The Legislative and Conceptual Framework for the Provision of National Security and Implementation of Defence Policy Law of Ukraine “On Mobilisation Preparation and Mobilisation” ............................14 Decree of the President of Ukraine No. 189/2014“On Ukraine’s National Security and Defence Council Resolution of March 1, 2014 on Urgent Actions to Protect National Security, Sovereignty and Territorial Integrity of Ukraine” .........................43 Decree of the President of Ukraine No. 303/2014 “On Limited Mobilisation” ..............45 Law of Ukraine “On Enacting the Decree of the President of Ukraine on Limited Mobilisation” ..................................................47 Law of Ukraine “On Amending Individual Laws and Legislative Acts of Ukraine with Respect to Ensuring the Success of Mobilisation”. 48 Decree of the President of Ukraine No. 447/2014“On Actions to Enhance National Defence Capacity” ...................................................53 3 4 Table of contents Decree of the President of Ukraine No. 453/2014“On the National Security and Defence Council of Ukraine Resolution of May 5, 2014, concerning Integrated Actions to Strengthen National Military Security of Ukraine” ...................55 Law of Ukraine “On Amending Individual Laws and Legislative Acts of Ukraine with Respect to Improving the Effectiveness of Defence and Mobilisation during Mobilisation Periods” ........................................57 Decree of the President of Ukraine No. 607/2014“On Limited Mobilisation”. .68 Decree of the President of Ukraine No. 842/2014“On the National Security and Defence Council of Ukraine Resolution of September 12, 2014, on Integrated Actions to Strengthen National Defence Capacity, and on Draft Law Proposals Relating to State Budget of Ukraine 2015, with Respect to Budget Items Dealing with National Security and Homeland Defence of Ukraine” .......70 Part III . 75 The Legislative Framework for the Development and Reform of the Ukrainian Armed Forces Law of Ukraine “On Amending the Laws of Ukraine on Military Duty and Military Service and on the Foundations for Prevention of and Combating Corruption” ..................75 Decree of the President of Ukraine No. 618/2012“On Regulation of Ukrainian Citizens’ Performance of Service in the Military Reserve of the Armed Forces of Ukraine” ...........80 Decree of the President of Ukraine No. 502/2014 “On Amendments to the Regulation of Ukrainian Citizens’ Performance of Service in the Military Reserve of the Armed Forces of Ukraine”. .100 Part IV . 106 The Legislative Framework for Defence Industry Activities Law of Ukraine “On Some Issues of Debt Settlement and Securing Sustainable Growth of Constituent Military-Industrial Enterprises of the Ukroboronprom State Holding Company” ..........................106 Table of contents 5 Part V . 114 The Legislative Framework for Ensuring State Security Law of Ukraine “On the Fight Against Terrorism” .....................................114 Part VI . .. 135 The Legislative Framework for the Demilitarisation, Democratisation, and Development of the State Military Organisation Law of Ukraine “On the National Guard of Ukraine” ...................................135 Law of Ukraine “On Amending Selected Laws of Ukraine Respecting Service in the Military Reserve” .....................................................155 Law of Ukraine “On Amending Article 39 of the Law of Ukraine on Public Procurement” .......................................160 Decree of the President of Ukraine No. 470/2012“On Regulation of Ukrainian Citizens’ Performance of Military Service in the Ukrainian Ministry of Internal Affairs’ Internal Forces Reserve” ......................161 Part VII . 181 The Legislative Framework for Participation of Ukraine in International Peacekeeping Activity, Cooperation in Military and Military Technical Areas Law of Ukraine “On Amending Selected Laws of Ukraine Concerning Ukrainian Armed Forces’ Participation in International Peacekeeping and Security Operations” ...........181 Part VIII . 186 The Legislative Framework for the Social Protection of Servicemen and Members of Their Families Law of Ukraine “On Social and Legal Protection of Service Personnel and Members of Their Families” .....................................186 6 Table of contents Law of Ukraine “On Pension of Persons Discharged from Military Service and Other Persons” .................................................218 Law of Ukraine “On the Status of War Veterans and Guarantees of Their Social Protection” ................................................................251 Part IX . .. 279 The Legislative Framework for Law Enforcement and Regulations within the Armed Forces and other Security Formations Law of Ukraine “On Amending the Law of Ukraine on the Procuracy with Respect to the Creation of Military Procuracies” .................................279 Law of Ukraine “On Amending the Law of Ukraine on the Militia with Respect to the Rules for the Use of Physical Force, Special Operations Gear and Firearms in the Anti-Terrorist Operation Area” .............283 INTRODUCTION Oleksandr LYTVYNENKO Deputy Secretary National Security and Defence Council of Ukraine UKRAINIAN PARLIAMENT HAS CONFIRMED ITS POLICY OF DEMOCRATISATION Ukraine is going through the most difficult period of its modern history as an inde- pendent state. The Russian Federation has annexed the Crimea and provides direct support for terrorist activities in Luhansk and Donetsk regions while waging politi- cal, economic and information war against our country. Ukraine’s territorial integrity has been breached, and there is a direct threat endangering its national sovereignty and further progress as a democratic, law-abiding, European state. In this situation, Ukrainian society is going through a radical transformation, and the country’s mili- tary, intelligence and law enforcement forces are re-emerging in a new guise. These transformations have been enshrined in amendments to the legislative framework for national security and homeland defence. Although this volume encompasses amendments made to national security and homeland defence legislation from 2012 to 2014, one can easily see that most of the legislative acts contained herein were adopted in 2014 when military aggression was already well underway. A special mention should be made about the legislative acts concerning homeland security and defence sector development. First and foremost, we are talking about the conduct of a major anti-terrorist operation in Ukraine’s Luhansk and Donetsk Oblasts, limited mobilisation, the establishment of the National Guard of Ukraine etc. As a mat- ter of fact, it was a comprehensive modernization of the Law of Ukraine on Counter- Terrorism that has enabled implementation of nationwide mission to deter aggression and defend the Ukrainian State. At the same time, it should be emphasized that, even at the time of special peri- od, a great many legislative acts were adopted to adjust the country’s national se- curity sector, most particularly its law enforcement sector, to European standards. To this end, amendments and updates have been made to a number of Ukrainian laws: the Law of Ukraine on the Militia (with respect to the use of physical force, special operations gear and firearms in the antiterrorist operation area), the Law of Ukraine on Institutional and Legal Framework for Combating of Organized Crime, the Law of Ukraine on the Procuracy (with respect to the establishment of military procuracies), and the Law of Ukraine on the Foundations for Prevention and Combating of Corruption”. 7 8 Introduction Also importantly,
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