LEGISLATION LEGISLATION OF UKRAINE THE THE SECURITY SECTOR GENEVA CENTRE CENTER FOR ARMY FOR THE CONVERSION DEMOCRATIC & DISARMAMENT CONTROL OF ARMED STUDIES FORCES DCAF 10 Illinska Str, o . 5, P.O.Box 1360 Kyiv, Ukraine, 04070 CH-1211 Geneva 1 Phone: +38 (044) 425-42-10 Switzerland Fax: +38 (044) 425-16-22 Tel: +41 (0) 22 741 77 00 www.defense-ua.com Fax:+41 (0) 22 741 77 05 THE SECURITY SECTOR LEGISLATION OF UKRAINE 2013 PHILIPP FLURI, MARCIN KOZIEL, ANDRII YERMOLAIEV (EDS.) THE SECURITY SECTOR LEGISLATION OF UKRAINE Кyiv, 2013 The Security Sector Legislation of Ukraine. Second Edition – Сenter for Аrmy, Сonversion and Disarmament Studies, Kyiv, 2013. – 618 с. Editors: Philipp Fluri, Marcin Koziel, Andrii Yermolaiev Translation: S.Loboda, O.Bobyr, L.Polyakov This book has been co-sponcored by: © Geneva Centre for the Democratic Control of Armed Forces, 2013 © Сenter for Аrmy, Сonversion and Disarmament Studies, 2013 CONTENTS IntroDuction Philipp Fluri . 1 Marcin Koziel. .2 Andrii Yermolaiev. .3 Part I. The Constitutional Framework of Ukrainian National Security and Defence Policy. 5 Declaration of Ukrainian State Sovereignty . .5 Verkhovna Rada of Ukraine Resolution “On Declaration of Independence of Ukraine”. 9 Act of Declaration of Independence of Ukraine, August 24, 1991. .10 Constitution of Ukraine. 11 Part II. The Legislative and Conceptual Framework for the Provision of National Security and Implementation of Defence Policy. 47 Law of Ukraine “On Fundamentals of National Security of Ukraine”. .47 Law of Ukraine “On Defence Planning”. .59 Law of Ukraine “On the Legal Regime of Martial Law”. 64 Law of Ukraine “On the Legal Regime of a State of Emergency”. .72 Law of Ukraine “On the National Security and Defence Council of Ukraine”. .82 Law of Ukraine “On Democratic Civilian Control of State Military Organisation and Law Enforcement Bodies”. .87 Law of Ukraine “On Mobilisation Preparation and Mobilisation”. .100 Decree of the President of Ukraine “On Decision of the National Security and Defence Council of Ukraine on June 8, 2012, ‘On a New Version of the National Security Strategy of Ukraine’”. .122 Strategy of National Security of Ukraine: “Ukraine in a Changing World”. .123 Decree of the President of Ukraine “On Decision of the National Security and Defence Council of Ukraine on June 8, 2012: ‘On a New Version of the Military Doctrine of Ukraine’”. 137 The Military Doctrine of Ukraine. 138 Part III. The Legislative Framework for the Development and Reform of the Ukrainian Armed Forces. 147 Law of Ukraine “On the Armed Forces of Ukraine”. .147 Law of Ukraine “On Military Duty and Military Service”. 156 III IV The security sector legislation of Ukraine Law of Ukraine ”On Alternative (Non-Military) Service”. 192 Law of Ukraine ”On the Legal Regime of Property in the Armed Forces”. .198 Law of Ukraine ”On Economic Activity in the Armed Forces”. .201 Law of Ukraine ”On the Particularities of Privatisation of Enterprises under the Management of the Ministry of Defence”. 203 Decree of the President of Ukraine ”On Decision of the National Security and Defence Council of Ukraine of May 30, 2008 ‘On Conducting Strategic Defence Review’”. .208 Part IV. The Legislative Framework for Defence Industry Activities. 209 Law of Ukraine ”On the State Defence Procurement Order”. .209 Law of Ukraine ”On Space Activity” . .216 Decree of the President of Ukraine ”On Measures to Maximize Efficiency of Defence-Industrial Complex of Ukraine” . 226 Part V. The Legislative Framework for Ensuring State Security. 227 Law of Ukraine ”On the Security Service of Ukraine”. .227 Law of Ukraine ”On Intelligence Services”. .241 Law of Ukraine ”On Counterintelligence Activity”. .252 Law of Ukraine ”On the Fight Against Terrorism”. .259 Law of Ukraine ”On State Protection of Organs of State Power and Their Officials”. .275 Law of Ukraine ”On the State Secret”. 284 Law of Ukraine ”On the National System of Confidential Communication”. .308 Law of Ukraine ”On the State Service for Special Communications and Information Protection of Ukraine”. .311 Law of Ukraine ”On Foreign Intelligence Service of Ukraine”. .334 Decree of the President of Ukraine “Оn Decision of the National Security and Defence Council of Ukraine of February 15, 2008, ‘On the Concept of the Security Service of Ukraine Reform’”. .336 Part VI. The Legislative Framework for the Demilitarisation, Democratisation, and Development of the State Military Organisation. 343 Law of Ukraine ”On the State Border Service”. .343 Law of Ukraine ”On the State Border”. .361 Law of Ukraine ”On an Exclusive (Sea) Economic Zone of Ukraine”. .372 Law of Ukraine ”On Border Control”. .381 Law of Ukraine ”On the State Special Transport Service”. .399 Law of Ukraine ”On the Legal Bases of Civil Defence”. 408 Contens V Part VII. The Legislative Framework for the Participation of Ukraine in International Peacekeeping Activities, Military and Military-Technical Co-operation. 439 Law of Ukraine ”On Participation in International Peacekeeping Operations”. 439 Law of Ukraine ”On the Procedure of Sending Armed Forces’ Units to Other States”. 443 Law of Ukraine ”On the Procedure for the Reception of Foreign Armed Forces Units in Ukraine and the Conditions of Stay”. .448 Law of Ukraine ”On State Control Over International Military Transfers and Dual Use Goods”. .459 Law of Ukraine ”On Ratification of the Agreement between the European Union and Ukraine Establishing a Framework for the Participation of Ukraine in the European Union Crisis Management Operations”. 480 Agreement between the European Union and Ukraine establishing a framework for the participation of Ukraine in the European Union crisis management operations. 481 Decree of the President of Ukraine ”On Decision of the National Security and Defence Council of Ukraine of April 24, 2009, ‘On a Strategy of International Peacekeeping Activity of Ukraine’” . .488 Strategy of International Peacekeeping Activity of Ukraine. 489 Part VIII. The Legislative Framework for the Social Protection of Servicemen and Members of Their Families. 495 Law of Ukraine ”On Social and Legal Protection of Servicemen and Members of Their Families”. 495 Law of Ukraine ”On Pension of Persons Discharged from Military Service and Other Persons”. 518 Law of Ukraine ”On the Status of Veterans of Military Service, Veterans of law enforcement Organs and Other Persons and Their Social Protection”. 547 Law of Ukraine ”On the Status of War Veterans and Guarantees of Their Social Protection”. .555 Part IX. The Legislative Framework for Law Enforcement and Regulations within the Armed Forces and other Security Formations . 577 Law of Ukraine ”On the Military Law Enforcement Service in the Armed Forces” . .577 Law of Ukraine ”On the Fundamentals of Prevention and Countering Corruption”. .589 Law of Ukraine ”On the Disciplinary Regulations of the Civil Defence Service”. .605 LIST OF TABLES Table 1. Military Ranks for Servicemen. 160 VI Abbreviations ABBREVIATIONS BSEC Organisation of the Black Sea Economic Cooperation CIS Commonwealth of Independent States EU European Union GUAM Organisation for Democracy and Economic Development MOD Ministry of Defence NATO North Atlantic Treaty Organisation NGO Non-governmental organisation NPC National Contingent Point of Contact NSCDU National Security and Defence Council of Ukraine OSCE Organisation for Security and Co-operation in Europe RCO Regime-confidential organ RPE Respiratory protective equipment SMR Senior Military Representative SSR Soviet Socialist Republic UkrCEPRO System of Certification of Space Equipment of Ukraine operating under the framework of the State System of Certification UkrSCSE System of Certification of Space Equipment of Ukraine UN United Nations USSR Union of Soviet Socialist Republics IntroDuction Philipp Fluri, Ph.D. Executive Director DCAF Brussels Strengthening the role of parliaments and other democratic institutions in security sector gov- ernance is one of DCAF’s main concerns and raisons d’etre. Much initial cooperation on this issue focused on the countries of the Former Soviet Union and South East Europe, but has in- creasingly shifted to parliaments across the world. Cooperation with the Inter-Parliamentary Union and regional parliamentary assemblies has also gained in momentum and importance. Ukraine being a founding member of DCAF and an enthusiastic supporter of our organisa- tion, cooperation with the Verkhovna Rada Security and Defence Committee and the Ministry of Defence has been voluminous and highly inspiring in recent years. The three preceding volumes to this collection – all made possible by funding from the the Swiss MoD and NATO – testify to that. DCAF has found past cooperation with the Ukrainian security sector inspiring and rewarding and hopes to continue this in the future to the extent that new funding opportunities allow. Brussels/Geneva, December 6, 2013 1 2 The security sector legislation of Ukraine Marcin Koziel, Director, the NATO Liaison Office, Ukraine Since 2010 NATO-Ukraine relations have developed in the context of the non-bloc policy of Ukraine. NATO and Ukraine continue their co-operation focused on practical support for NATO- led operations and defence reform which remains one of the key areas of work for NATO-Ukraine co-operation. The Annual National Programme (the ANP) remains the key instrument with which NATO and the Allies assist Ukraine in implementing policies in key reform areas. Being “roadmaps” for transformation and instruments of strategic communications with NATO, with its five