The martial law regime in the Russian Federation provides for the restriction of the rights of organizations, officials and citizens, the imposition of additional duties on them. Along with this, the activities of state and local authorities are carried out in accordance with a specially established procedure. The military regime is designed to shape the economic, legal and organizational conditions. These conditions, in turn, should help repel or prevent aggression.
Martial law is one of the means that can limit rights. The state may also declare mobilization, territorial and civil defense.
Martial law provides for the possibility of citizens to enjoy all the freedoms and rights established by the Constitution of the Russian Federation, with the exception of those that are limited by federal constitutional and other laws of the country. The population is obliged to comply with the requirements contained in these acts.
It should be noted that martial law as a legal institution has roots that go deep enough into history. This is noted both in Russian law and in the laws of many foreign powers. Special, exceptional legislative acts that could suspend the current acts in a certain territory during danger and give extraordinary powers to a specific executive body were of great importance even in ancient Rome.
In pre-revolutionary Russia, martial law was established in the border areas with the alleged danger of invasion of aggressor territory or other territories of the country in the event of internal danger.
In the period from 1941 to 1945, the emergency situation in the USSR was regulated by a decree of the Presidium. This act, adopted in 1941, June 21, was valid only during the war. In accordance with the decree, it was assumed that in the areas under martial law, the functions of all state authorities in the defended territory, ensuring the security of the country and public order belonged to the military councils of the armies, fronts, military districts. In areas where there were none, authority was transferred to the high command of the army units.
The military authorities had the right to make decisions binding on every citizen. If they were not fulfilled, punishment in the form of administrative responsibility was supposed. Failure to obey the orders and instructions of the military authorities was regarded as a crime. Disobedience in areas that were under extreme conditions involved criminal liability. Punishments were established in accordance with the laws of war. According to the adopted regulatory acts, all cases relating to these crimes were referred to the tribunal for consideration. At the same time, decisions and sentences were not subject to cassation appeal and could be quashed only by way of supervision.
Under the conditions of martial law in the USSR in 1941, on June 30, a decree of the Presidium on the formation of T-bills (national defense committee) was adopted. This committee has become virtually the highest body in the state. The entire population, as well as Komsomol, party, military bodies were obliged to comply with orders and decisions adopted by T-bills.
In the most significant sectors of the national economy, the institution of authorized representatives from T-bills was operating. They (authorized persons) had unlimited rights and were responsible for the strict implementation of the Committee's orders.
It should be noted that today, rule-of-law states strive to adhere to the humanitarian direction in the formation of policies and legislation. The undoubted priority of the freedoms and rights of a citizen is established and enshrined in the Constitution of the Russian Federation.