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Chapter X National Defence


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

Persons who refuse to perform mandatory service in the defence forces for religious or moral reasons have a duty to perform alternative service pursuant to a procedure prescribed by a law.

Persons in the defence forces and alternative service have all constitutional rights, freedoms and duties, unless otherwise prescribed by a law in the interests of the special nature 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 and §§ 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 a law.

§ 125. Persons 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 a law on peace-time national defence and a law on war-time national defence.

The organisation of the Estonian defence forces and national defence organisations shall be provided by a law.

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

The National Defence Council shall be an advisory body to the President of the Republic, the composition and tasks of which shall be provided by a law.

§ 128. The Riigikogu shall, on the proposal of the President of the Republic, declare a state of war, shall order mobilisation and demobilisation, and shall decide on the deployment 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 and shall order mobilisation without waiting for a resolution of the Riigikogu.

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

Rules governing a state of emergency shall be provided by a law.

§ 130. During a state of emergency or a state of war, in the interests of national security and public order, the rights and freedoms of persons may be restricted, and obligations may be imposed on them, under conditions and pursuant to a procedure prescribed by a law. The rights and freedoms provided for in § 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 municipalities shall not be elected, nor shall their mandates be terminated.

The mandates of the Riigikogu, the President of the Republic and the representative bodies of municipalities shall extend if the mandates 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.