Russian Federation

[RU] Statute on Martial Law and Freedom of Information

IRIS 2002-5:1/26

Natalie Boudarina

Moscow Media Law and Policy Centre

On 2 February 2002, the Federal Constitutional Statute on Martial Law entered into force in Russia. The necessity for the federal law was stated in the 1993 Constitution of the Russian Federation.

In the case of a proclamation of martial law, human rights and freedoms may be restricted. According to the Statute, the rule of martial law has territorial limits. The rule of martial law may spread over the whole territory of the Russian Federation or be confined to certain parts. Within these geographical limits, some measures, that concern inter alia the mass media and the dissemination of information, may apply.

The following measures may be taken exclusively on that territory where the rule of martial law is proclaimed: control of the activity of mass media organisations, printing houses, communication providers, and use of their facilities for the needs of defence. Furthermore, the Statute provides for establishing military censorship of correspondence, as well assurveillance of telephone conversations. Additional measures may be introduced in order to strengthen the secrecy of state authorities and local self-government bodies, though court proceedings shall remain public.

Even if the rule of martial law applies only to a part of the territory of the Russian Federation, temporary restrictions of the right to seek, receive, and impart information may be enforced on the whole of its territory.

The President of the Russian Federation may proclaim martial law by Decree in case of aggression or a direct threat of aggression against the Russian Federation. The Federation Council, the upper chamber of the national parliament, shall approve the Decree.