Chapter X National Defence

§ 124. Estonian citizens have a duty to participate in national defence on the bases of and pursuant to procedure provided by law.

A person who refuses to serve in the Defence Forces for religious or moral reasons has a duty to perform alternative service pursuant to procedure prescribed by law.

Persons in the Defence Forces and alternative service have all constitutional rights, freedoms and duties, unless otherwise prescribed by law due to the special interests of the service. The rights and freedoms prescribed in paragraphs 3 and 4 of § 8, §§ 11-18, paragraph 3 of § 20, §§ 21-28, § 32, § 33, §§ 36-43, paragraphs 1 and 2 of § 44, §§ 49-51 of the Constitution shall not be restricted. The legal status of persons in the Defence Forces and alternative service shall be provided by law.

§ 125. A person in active service shall not hold other elected or appointed office, or participate in the activities of any political party.

§ 126. The organisation of national defence shall be provided by the Peace-Time National Defence Act and the War-Time National Defence Act.

The organisation of the Estonian Defence Forces and national defence organisations shall be provided by law.

§ 127. The supreme commander of national defence is the President of the Republic.

The National Defence Council is an advisory body to the President of the Republic, and its membership and tasks shall be provided by law.

The Estonian Defence Forces and national defence organisations shall be led by the Commander of the Defence Forces in peace-time, and by the Commander-in-Chief of the Defence Forces in war-time. The Commander and the Commander-in-Chief of the Defence Forces shall be appointed to and released from office by the Riigikogu, on the proposal of the President of the Republic.

§ 128. The Riigikogu shall, on the proposal of the President of the Republic, declare a state of war, shall order mobilization and demobilization, and shall decide on the utilisation of the Defence Forces in the fulfilment of the international obligations of the Estonian state.

In the case of aggression against the Republic of Estonia, the President of the Republic shall declare a state of war, shall order mobilization, and shall appoint the Commander-in-Chief of the Defence Forces without waiting for a Riigikogu resolution.

§ 129. In the case of a threat to the Estonian constitutional order, the Riigikogu may, on the proposal of the President of the Republic or the Government of Estonia, by a majority of its membership, declare a state of emergency throughout the state, but for not longer than three months.

The organisation of a state of emergency shall be provided by law.

§ 130. During a state of emergency or a state of war, the rights and freedoms of a person may be restricted, and duties may be placed upon him or her in the interests of national security and public order, under conditions and pursuant to procedure prescribed by law. The rights and freedoms provided by § 8, §§ 11-18, paragraph 3 of § 20, § 22, § 23, paragraphs 2 and 4 of § 24, § 25, § 27, § 28, paragraph 2 of § 36, § 40, § 41, § 49 and paragraph 1 of § 51 of the Constitution shall not be restricted.

§ 131. During a state of emergency or a state of war, the Riigikogu, the President of the Republic, and the representative bodies of local governments shall not be elected, nor shall their authority be terminated.

The authority of the Riigikogu, the President of the Republic and the representative bodies of local governments shall extend if the authority should terminate during a state of emergency or a state of war or within three months after the termination of a state of emergency or a state of war. In these cases, new elections shall be declared within three months after the termination of the state of emergency or the state of war.

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