Draft bill #11064 of March 4, 2024 

Sponsor: the Cabinet of Ministers of Ukraine 

Status: sent for review to the Committee of the Verkhovna Rada of Ukraine on National Security, Defense, and Intelligence 

Who is affected: citizens of Ukraine, central executive bodies, and local self-government bodies 

Summary: 

  • the Cabinet proposes to create military administrations on the territory of the Autonomous Republic of Crimea and the city of Sevastopol and grant them the following powers: 
    • introduce martial law 
    • establish enhanced security and, in cooperation with concerned economic entities, ensure the operation of critical infrastructure 
    • facilitate the organization of production and provision of goods and services for the AFU by private, municipal, and state-owned enterprises and organizations 
    • resolve issues related to providing military units, institutions, and educational establishments of the Armed Forces of Ukraine with office premises, living quarters, and public utilities in accordance with the law 
    • facilitate mobilization and conscription of citizens for military and alternative military service 
    • reserve jobs for persons subject to military service in accordance with the law 
    • assist the State Border Service of Ukraine in maintaining the appropriate regime at the state border 
    • involve private, municipal, and state-owned enterprises, institutions, and organizations in providing transportation and communication services to the population 
    • make decisions on the prohibition of trade in weapons, potent chemical and toxic substances, alcohol, and alcohol-based substances 
    • make decisions on inspecting buildings and structures damaged as a result of hostilities and give sanction for the demolition of unsafe buildings 
    • submit to the National Security and Defense Council proposals about compulsory requisition of personal movable property (cars, equipment, etc.) if it can be used for defense needs. It is proposed that this regulation should apply at a distance of no more than 30 kilometers from combat zone or temporarily occupied territory 
    • ensure the facilitation of state guarantees during martial law. For example, the right to wages, protection of investments, guarantees regarding education, etc. 
    • the work of these military administrations will be funded from the government budget until local budgets are approved, and after the deoccupation – at the expense of the respective local budgets 
  • the bill specifies the start date of the temporary occupation as February 27, 2014 
  • if newly created military administrations are based on territorial communities that existed before February 27, 2014, these administrations become the legal successors of all the property, rights, and responsibilities of these communities. 

What is right: the bill proposes a mechanism for restoring Ukrainian public power in the temporarily occupied territories of the Autonomous Republic of Crimea. 

What is wrong: the draft bill envisages the introduction of a special status for the territorial communities of the Autonomous Republic of Crimea and Simferopol, giving them more powers compared to the powers of the civil-military administrations created under the Law on Civil-Military Administrations. At the same time, there are no clear oversight mechanisms for their activities, which could lead to abuses. 

Alternative solution: to amend the Law on Civil-Military Administrations by including in it provisions that envisage the creation of civil-military administrations in the territory of the Autonomous Republic of Crimea and the city of Sevastopol.