Analysis of the draft law:
Analysis of the Draft Law of Ukraine “On Approval of the Decree of the President of Ukraine “On the Extension of the Term of Martial Law in Ukraine”
Essence of the project: The draft law aims to approve Decree of the President of Ukraine No. 235/2025 of April 15, 2025, which provides for the extension of the term of martial law in Ukraine. In fact, this is a formal procedure necessary to legitimize the President’s decision to extend martial law, as required by the Constitution and the relevant law. The law comes into force from the date of its publication, which emphasizes its efficiency. Thus, the Verkhovna Rada confirms the need to continue the special legal regime in the country.
Structure and main provisions: The structure of the draft law is quite simple and consists of two articles:
- Article 1: Contains the main provision – approval of Decree of the President of Ukraine No. 235/2025 “On the Extension of the Term of Martial Law in Ukraine”. This article is key, as it is through it that the President’s decision acquires the legal force of law.
- Article 2: Establishes the procedure for the law to enter into force – immediate announcement through the media and entry into force from the date of publication. This emphasizes the importance of promptly informing the public about the extension of martial law.
Since this is a law on the approval of a decree, it is necessary to compare the presidential decree itself with previous versions, and not this law. The changes will concern the dates and duration of martial law.
Key provisions for stakeholders:
- For legislators: The need for prompt consideration and voting on the draft law to ensure the continuity of the legal regime of martial law. It is important to pay attention to the validity and expediency of the extension of martial law, as stated in the Decree of the President.
- For experts: Analysis of the compliance of the Presidential Decree with the requirements of the Law of Ukraine “On the Legal Regime of Martial Law” and Ukraine’s international obligations regarding the observance of human rights under martial law.
- For business: Assessment of the impact of the extension of martial law on economic activity, logistics, fulfillment of contractual obligations and other aspects of doing business. The possibility of using force majeure circumstances provided for by law.
- For citizens: Understanding the restrictions on rights and freedoms that may be established under martial law, as well as the rights and obligations that arise in connection with this. It is important to follow official announcements and comply with the requirements of the military administration.
Analysis of the explanatory note:
Analysis of the Draft Law of Ukraine “On Approval of the Decree of the President of Ukraine “On the Extension of the Term of Martial Law in Ukraine”
Essence of the draft law
The draft law provides for the approval of the Decree of the President of Ukraine on the extension of martial law in Ukraine for 90 days, starting from 05 hours 30 minutes on May 9, 2025. This is done by making a partial change to the previous Presidential Decree, which was approved by the Law of Ukraine.
Reasons and necessity of adopting the draft law
The authors of the explanatory note state that the need for the adoption of this law is due to the ongoing armed aggression of the Russian Federation against Ukraine. The extension of martial law will allow the necessary measures to be taken to ensure national security and defense of the country.
Main consequences of the draft law
For legislators, experts, businesses and citizens, the most important consequences of the adoption of this law may be:
- For legislators: Ensuring the legal basis for continuing measures to defend the country in the face of armed aggression. The need for further monitoring of the situation and making appropriate decisions.
- For experts: The opportunity to analyze and evaluate the effectiveness of the measures taken under martial law, as well as to develop recommendations for their improvement.
- For business: The need to adapt to the conditions of martial law, which may include restrictions on certain types of activities, changes in logistics chains, ensuring the safety of employees and property.
- For citizens: Continuation of restrictions related to martial law, such as curfew, restrictions on movement, the possibility of forced alienation of property for defense needs. At the same time, this should ensure more effective protection of the population and territory of the country from the aggressor.
The implementation of this law, as stated in the explanatory note, will not require additional financial expenses from the state budget, which is important in the conditions of a war economy.
Analysis of other documents:
Analysis of documents regarding the extension of martial law in Ukraine
1. Decree of the President of Ukraine on the extension of the term of martial law
* **Author’s position:** The President of Ukraine undoubtedly supports the extension of martial law, as he is the initiator of this Decree, motivating it by the ongoing armed aggression of the Russian Federation.
* **Main provisions:**
* **Extension of martial law:** The decree provides for the extension of martial law in Ukraine from 05 hours 30 minutes on May 9, 2025 for a term of 90 days. This is a key point that directly affects the lives of citizens, business and the functioning of state bodies.
* **Informing the international community:** The Ministry of Foreign Affairs of Ukraine must ensure that the Secretary-General of the United Nations and officials of foreign states are informed about the extension of martial law, restrictions on the rights and freedoms of man and citizen. This is important for international support and understanding of the situation in Ukraine.
* **Entry into force:** The decree enters into force simultaneously with the entry into force of the Law of Ukraine “On Approval of the Decree of the President of Ukraine “On the Extension of the Term of Martial Law in Ukraine”. This means that the support of the Verkhovna Rada of Ukraine is necessary for the implementation of the Decree.
2. Submission of the draft Law of Ukraine to the Verkhovna Rada
* **Author’s position:** The President of Ukraine submits a draft Law to the Verkhovna Rada, which indicates his support and the need for legislative approval of the decision to extend martial law.
* **Main provisions:**
* **Compliance with the Constitution:** It is emphasized that the submission of the draft Law complies with the requirements of the Constitution of Ukraine and the Law of Ukraine “On the Legal Regime of Martial Law”.
* **Speaker in the Verkhovna Rada:** The Secretary of the National Security and Defense Council of Ukraine will report during the consideration of the draft law at the plenary session of the Verkhovna Rada of Ukraine.
3. Resolution of the Verkhovna Rada of Ukraine on the adoption as a basis and in general of the draft Law
* **Author’s position:** The draft resolution envisages the adoption of the Law as a whole, which means support for the extension of martial law.
* **Main provisions:**
* **Adoption of the Law:** The Verkhovna Rada of Ukraine should adopt as a basis and in general the draft Law on the approval of the Decree of the President of Ukraine “On the Extension of the Term of Martial Law in Ukraine”. This is a key stage for the implementation of the decision to extend martial law.
4. Conclusion of the Committee of the Verkhovna Rada of Ukraine on National Security, Defense and Intelligence
* **Author’s position:** The Committee supports the draft law and recommends that the Verkhovna Rada adopt it as a basis and in general. This indicates a consensus on the need to extend martial law in view of the current security situation.
* **Main provisions:**
* **Compliance with legislation:** The draft law was developed in accordance with the Constitution of Ukraine and the Law of Ukraine “On the Legal Regime of Martial Law”.
* **Purpose of the draft law:** Ensuring the extension of martial law in Ukraine due to the ongoing armed aggression of the Russian Federation.
* **Recommendation of the Committee:** The Committee recommends that the Verkhovna Rada of Ukraine adopt the draft law as a basis and in general.
* **No additional costs:** The implementation of the Law will not require additional financial expenses from the State Budget of Ukraine.
