The State Duma adopted amendments to cancel the Council of Europe notification on martial law

State Duma deputies approved in the third and final reading amendments, according to which the need to inform the Secretary General of the Council of Europe (CoE) about military and emergency situations in Russia is canceled, should from the Duma electronic database.

There were amendments entered in Art. 37 “On the State of Emergency” and Art. 22 “On martial law” August 8. Their author was Russian President Vladimir Putin. In the first reading they were approved September 20.

Art. 37 of the Federal Law “On State of Emergency” provides that the federal executive body in charge of foreign affairs must, within three days, notify the secretaries general of the UN and the Council of Europe about the introduction of a state of emergency in Russia, about temporary restrictions on the rights and freedoms of citizens and the reasons for such a decision . Upon termination of this regime, the authorities must also notify the organizations of this.

In Art. 22 of the Federal Law “On Martial Law” states that in the event of the introduction of martial law on the territory of Russia or in certain localities, the president is obliged to take measures to notify the UN Secretary General, and through him the participants of the organization, and the Council of Europe about the “derogation of the Russian Federation from its obligations under international agreements related to the restriction of the rights and freedoms of citizens.” Also, the head of state must ensure information about the date from which martial law will end.

After all the amendments are adopted, the legislation will only have the provision to inform the UN Secretary General about the introduction of martial law and a state of emergency in Russia. Such an obligation is contained in Part 3 of Art. 4 of the International Covenant on Civil and Political Rights, from which Russia did not withdraw, lawyers previously explained to Vedomosti.

On February 25, 2022, the Council of Europe decided to limit Russia’s rights in the organization due to a special operation in Ukraine, and then the Committee of Ministers decided to immediately expel Russia. In March of the same year, Russia announced its withdrawal from the Council of Europe and began the corresponding procedure.