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National Defense

Chapter X National Defense

Article 124: Duty to Service

1. Citizens of the Republic of Estonia shall be obligated to participate in national defense, in accordance with the bases and procedures determined by law.

2. Those who refuse service in the Defense Forces for religious or ethical reasons shall be obligated to participate in alternative service, in accordance with the procedures prescribed by law.

3. Unless the law, considering the special interests of the service, determines otherwise, persons in the Defense Forces or in alternative service shall have all constitutional rights, liberties and obligations. The rights and liberties prescribed in Article 8 3) and 4), Articles 11-18, Article 20 (3), Articles 21-28, Article 32, Article 33, Articles 36-43, Article 44 1) and 2), Articles 49-51 may not be restricted. The legal status of persons in the Defense Forces and alternative service shall be determined by law.

Article 125: Political Restrictions

A person in active service may not hold elected or appointed office nor participate in the activities of any political party.

Article 126: Organizational Law

1. The organization of the Estonian Defense Forces and the national defense organizations shall be determined by law.

2. The organization of national defense shall be determined by the Peacetime National Defense Law and the Wartime National Defense Law.

Article 127: Supreme Command

1. The supreme commander of national defense shall be the President of the Republic.

2. The National Defense Council shall be an advisory body for the President of the Republic, and its composition and tasks shall be determined by law.

3. The Estonian defense forces shall be headed by the Commander of the Defense Forces in peacetime, and the Commander-in-Chief of the Defense Forces during a state of war. The Commander and Commander-in-Chief of the Defense Forces shall be appointed and recalled by the Parliament, on proposal by the President of the Republic.

Article 128: State of War

1. The Parliament shall declare, on proposal by the President of the Republic, a state of war, order mobilization and De-mobilization, and shall decide on the utilization of the Defense Forces to fulfill the international obligations of the Estonian nation.

2. In the case of aggression directed against the Republic of Estonia, the President of the Republic shall declare a state of war and mobilization, and shall appoint the Commander-in-Chief of the Defense Forces, without waiting for a resolution to be adopted by the Parliament.

Article 129: State of Emergency

1. In the case of a threat to the Constitutional system of government, the Parliament may declare, on proposal by the President of the Republic or the Government of the Republic and with a majority of its complement, a state of emergency in the whole country, with a duration of no longer than three months.

2. Regulations for a state of emergency shall be determined by law.

Article 130: Restrictions During State of Emergency

During a state of emergency or a state of war, the rights and liberties of persons may be restricted, and obligations placed upon them, in the interests of national security and public order, in the cases, and in accordance with procedures prescribed by law. Rights and liberties determined by Article 8, Articles 11-18, Article 20 (3), Article 22, Article 23, Article 24 (2) and (4), Article 5, Article 27, Article 28, Article 36 (2), Article 40, Article 41, Article 9 and Article 51 (1) may not be restricted.

Article 131: Authority During State of Emergency

1. During a state of emergency or a state of war there shall be no elections for the Parliament, the President of the Republic or representative bodies of local government, nor can their authority be terminated.

2. The authority of the Parliament, the President of the Republic and representative bodies of local government shall be extended if they should end during a state of emergency or state of war, or within three months of the end of a state of emergency or state of war. In these cases, new elections shall be declared within three months of the end of a state of emergency or a state of war.

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