Entered into position – Newspaper Kommersant No. 195 (7396) dated 10/20/2022

The decrees signed by the president on Wednesday imply a different level of restrictions imposed, from the maximum in the martial law (MA) zone to the minimum in regions with a “basic level of readiness.” Unlike the EaP regime, which is regulated by the relevant constitutional law, at other “response levels” restrictive measures will be taken by the heads of subjects, while most of them hastened to declare that practically nothing will change for ordinary citizens.

The reason for signing Presidential Decree No. 756 on martial law in four new subjects, according to its preamble, was the fact that “armed force is used against the territorial integrity of the Russian Federation.”

Martial law in the territories of the Donetsk and Lugansk People’s Republics (DNR and LNR), Zaporozhye and Kherson regions is introduced from 0000 hours on October 20.

The government was instructed to submit to the president “proposals on measures to be taken in the territories where martial law has been introduced” within three days. But “if necessary” in Russia as a whole, “other measures” provided for by the constitutional law “On martial law” can also be applied, the decree says.

On Wednesday afternoon, the document was submitted for approval by the Federation Council, which took one and a half hours to complete all the necessary procedures for this. During this time, the decree was consistently considered and approved by the council of the upper house, three committees of the Federation Council (on constitutional legislation, regional policy, defense and security) at a joint meeting and, finally, senators as a whole.

At the plenary session, Vladimir Dzhabarov, First Deputy Chairman of the International Affairs Committee, recalled that the decision to conduct a special operation was “correct and necessary,” since “Ukraine, in fact, has become a terrorist state that cynically destroys the population of four new regions of the Russian Federation, which they falsely call their own.” The senator assured that the introduction of the EP is a temporary measure and later, “when the situation is normalized, everything will be restored.” He also praised the regional authorities, who, immediately after the start of partial mobilization, created de facto headquarters structures.

Andrey Klimov, head of the temporary commission for the protection of sovereignty, who spoke next, called the measures proposed by the president “absolutely legal, extremely necessary and fully justified in the face of direct and outright aggression.” “There is no need to convince each other that we must make a decision immediately,” added Defense Committee member Taimuraz Mamsurov. The speaker of the Federation Council Valentina Matvienko summed up the result, explaining that the need to preserve the EaP in the territories where it operated before their entry into the Russian Federation is “obvious”: “We need composure, and the introduction of a special legal regime is aimed precisely at this. I am absolutely sure that it will make it possible to move faster towards achieving the main, final goal – the return of the regions to peaceful life without fear, shelling and bombing.” After that, the presidential decree was unanimously approved by the 159 senators present.

“I ask residents not to worry”

The procedure for organizing power in the EaP zone and the measures taken in connection with this regime are regulated by the federal constitutional law “On Martial Law”. According to his Art. 10, in the territory where hostilities are taking place, part of the functions to ensure the regime of the VP can be transferred to “military command and control bodies”. However, by his second decree, President Putin has vested these powers in the top officials of the four new entities.

Among the legal measures that are being introduced in the EaP zone are strengthening the protection of public order and important facilities, temporary resettlement of residents to safe areas, a special regime for entry and exit, restriction of freedom of movement, prohibition or restriction of the choice of place of stay or place of residence, restriction of the movement of vehicles funds and their inspection.

In addition, bans on rallies and strikes, the introduction of curfews and military censorship, granting security forces the right to search citizens, their homes and vehicles, internment of citizens of a state at war with Russia, as well as suspension of the activities of parties and public organizations for activities that “undermine under martial law, the defense and security of the Russian Federation. A specific list of restrictive measures will be determined by presidential decree based on government proposals.

It should also be noted that some restrictions, according to Art. 8 of the law can also be introduced in territories where there is no VP regime.

In particular, it is allowed to introduce “temporary restrictions on the implementation of economic and financial activities, the turnover of property, the free movement of goods, services and financial resources, the search, receipt, transfer, production and dissemination of information.” In addition, temporary changes in “the form of ownership of organizations, the procedure and conditions for bankruptcy procedures, the regime of labor activity”, as well as the establishment of “features of financial, tax, customs and banking regulation” are possible.

The leaders of the new entities unanimously approved the decision to introduce the EaP. Acting head of the DPR, Denis Pushilin, said that this “will not in any way affect the restriction of freedoms” of residents, since the region “has already been living under martial law for eight and a half years.” The acting head of the Kherson region, Volodymyr Saldo, also reminded that, for example, a curfew in the region is already in effect and there is “no need” to revise earlier decisions. And the acting head of the Zaporozhye region, Yevgeny Balitsky, said that all the already introduced security measures “will continue to operate and will be strengthened”: “I ask residents not to worry, we all know how to live under certain restrictions in order to save lives and ensure the safety of citizens.”

“There are no special changes for citizens”

Restrictive measures for other regions are described in Vladimir Putin’s decree “On measures taken in the constituent entities of the Russian Federation in connection with the decree of the President of the Russian Federation of October 19, 2022 No. 756”. According to this document, the 85 remaining “peaceful” subjects are divided into three groups.

The mildest version of the special regime, which will be extended to most of the territory of Russia, is designated in the decree as “level of basic readiness”. All regions of the Northwestern, North Caucasian, Volga, Urals, Siberian and Far Eastern federal districts will fall under it. The measures envisaged for them are likely to have a minimal impact on the daily lives of citizens. According to the decree, the heads of these regions will first of all have to take care of taking measures to protect the population from natural and man-made emergencies, as well as meeting the needs of the Russian armed forces. In addition, governors will be able to take additional measures aimed at ensuring public safety and order, as well as strengthening the protection of important facilities, including those related to transport, energy, communications and communications, as well as those that pose an increased danger to life and health. citizens and the environment.

In the regions of the Central and Southern Districts (with the exception of those bordering Ukraine and new regions), “alert level”. It is supposed to carry out measures for territorial and civil defense, as well as strengthening control over vehicles. Among the additional measures that may be introduced by the governors of these subjects is “restriction of the movement of vehicles and the implementation of their inspection.”

Finally, a stricter “medium response” regime is being introduced in the Crimea and Sevastopol, Krasnodar Territory, Belgorod, Bryansk, Voronezh, Kursk and Rostov regions, which border on the special military operation zone.

There, in addition to the aforementioned “soft” measures, the governors were ordered to carry out “mobilization measures” in the economy and in the executive authorities. They also have the right to make decisions on the evacuation (“temporary resettlement”) of residents (for example, from settlements located in relative proximity to the combat zone and subject to shelling) and to introduce a special regime for entering and leaving the region (including for the sake of ensuring security of strategic facilities and communications).

However, the leaders of these entities have already rushed to assure their citizens that their daily lives – at least in the near future – will not change and there are no plans to introduce additional restrictions.

Thus, in the Voronezh region, “the operational situation is assessed by the authorities as fully controlled and does not cause any threats to the population,” therefore, at the moment “no restrictions are being introduced, including on movement within the region or the work of economic entities,” the government of the region said. . The thesis of a “completely controlled situation” was repeated by Krasnodar Governor Veniamin Kondratyev. “Today, there are no grounds for introducing any restrictions in the region,” he wrote in his Telegram channel. The head of the Kursk region, Roman Starovoit, highlighted in his message the same idea in capital letters (“restrictions, including on movement in general throughout the region and outside it, ARE NOT INTRODUCED”), and the governor of Rostov, Vasily Golubev, in bold and underlined (“… for citizens there are no significant changes.”

At the same time, operational headquarters began to be formed in the regions, the creation of which is also prescribed by presidential decree.

The head of the Belgorod region, Vyacheslav Gladkov, announced the first meeting of such a headquarters for October 21, in the Voronezh region it will be held on October 20, and the head of Sevastopol, Mikhail Razvozhaev, managed to hold it on the evening of the 19th. “Since we have been working in the “yellow” mode of terrorist danger for a long time, no special additional measures are required to ensure security. We will not introduce curfews or restrict entry and exit,” Mr. Razvozhaev promised. In Crimea, there are no plans to introduce a curfew and restrictions on entry and exit, said the head of the republic, Sergei Aksyonov. He wrote on Telegram that the authorities are already actively working in all areas listed in the decree, so additional measures will be introduced if necessary.

They tried to reassure the population and the heads of those subjects where a “high alert level” was introduced. Thus, Moscow Mayor Sergei Sobyanin wrote that “at present, no measures are being introduced to limit the normal rhythm of the city’s life”: “Tasks to ensure the stability of the economy, security measures … will be solved by the relevant federal and city services and mainly in working mode” . The Lipetsk governor Igor Artamonov also stated the same, encouraging fellow countrymen: “Life continues in the same rhythm.”

Even within the same status regions, measures will be introduced “at different speeds,” suggests political scientist Alexei Makarkin: “In the Voronezh region or the Krasnodar Territory, the situation is different from the Belgorod one, and even in the Crimea and Sevastopol it is different.” As in times of a pandemic, the governors will again be responsible for decisions made and not made, and the federal center will retain freedom of action thanks to the decree on the possibility of using “other measures,” the political scientist adds: “All this is new, but the technologies have already been tested.”

Dmitry Kamyshev, Andrey Vinokurov, Andrey Prakh, corset “Kommersant”