State Defense

State Defense

- Constitution of Estonia

CHAPTER X. State Defense

Article 124. Citizens of Estonia are required to participate in the defense of the state in accordance with and in a manner specified by law. Persons objecting to military duty on religious or moral grounds will have to participate in an alternative service in a manner prescribed by law. Unless otherwise specified by law because of the special nature of the service, persons in the military service and persons in the alternative service have all the constitutional rights, liberties and obligations. There should be no restrictions of rights listed in Articles 8 sections 3 and 4, 11 to 18, 20 section 3, 21 to 28, 32, 33, 36 to 43, 44 sections 1 and 2 and 49 to 51. The legal status of persons in the defense force and in the alternative service is established by law.
Article 125. A person on active duty should not hold any other elected or appointed position or participate in the activities of a political party.
Article 126. The arrangements for state defense are determined by the peace-time law of state defense and by the war-time law of state defense. The arrangements for Estonia's defense forces and state defense organizations are determined by law.
Article 127. The highest authority for state defense is the President of the Republic. The President of the Republic maintains a State Defense Council as an advisory organ, whose membership and tasks will be determined by law. Estonia's defense forces and state defense organizations are headed by the commander of defense forces in peace-time, and by the supreme commander of defense forces during war-time. The commander and the supreme commander of defense forces will be appointed and released by the State Assembly, on the recommendation of the President of the Republic.
Article 128. The State Assembly declares, on the recommendation of the President of the Republic, a state of war, a draft or end of draft, and determines the use of defense forces in meeting the international obligations of the state of Estonia. In case of aggression directed against the Republic of Estonia, the President of the Republic will declare a state of war and a draft, and will appoint the supreme commander of defense forces, without waiting for a resolution of the State Assembly.
Article 129. In case of threat to the constitutional order of Estonia the State Assembly can declare, on the recommendation of the President of the Republic or the Government of the Republic, and with the majority vote of its membership, a state of emergency in the whole state, but not for longer than three months. Regulations for a state of emergency are established by law.
Article 130. During a state of emergency or state of war it is permissible, for the sake of state security and public order, to restrict the rights and liberties of persons and to impose obligations on them, in cases and in the manner specified by law. Not to be restricted are the rights and liberties specified in Articles 8, 11 to 18, 20 section 3, 22, 23, 24 sections 2 and 4, 25, 27, 28, 36 section 2, 40, 41, 49 and 51 section 1 of the constitution.
Article 131. During a state of emergency or state of war, no elections will be held for the State Assembly, the President of the Republic or representative assemblies of local governments, nor will any of their commissions be terminated. The commissions of the State Assembly, the President of the Republic and representative assemblies of local governments will be extended, if they normally would have expired during a state of emergency or state of war, or within three months from the end of the state of emergency or state of war. In those cases new elections will be called within three month from the end of the state of emergency or state of war.
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