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National Defence Act

Content

National Defence Act - content
Issuer:Riigikogu
Type:act
In force from:01.09.2022
In force until: In force
Translation published:05.09.2022

National Defence Act

Passed 11.02.2015
RT I, 12.03.2015, 1
Entry into force 01.01.2016

Amended by the following legal instruments (show)

PassedPublishedEntry into force
16.03.2016RT I, 01.04.2016, 111.04.2016
15.06.2016RT I, 01.07.2016, 1111.07.2016
31.05.2017RT I, 13.06.2017, 614.06.2017
14.06.2017RT I, 27.06.2017, 101.07.2017
16.05.2018RT I, 29.05.2018, 101.07.2018
17.10.2018RT I, 26.10.2018, 101.04.2022, changed in part [RT I, 10.03.2022, 1]
20.02.2019RT I, 13.03.2019, 215.03.2019
16.02.2022RT I, 10.03.2022, 121.03.2022
19.07.2022RT I, 09.08.2022, 201.09.2022

Chapter 1 General provisions 

§ 1.  Scope of application of Act

 (1) This Act provides for the peace-time and war-time organisation of national defence and the organisation of mobilisation and demobilisation, the participation of the Republic of Estonia in the international military co-operation and the defence of national defence objects.

 (2) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.

 (21) The State Liability Act and the Law of Obligations Act are not applied to the state liability provided in this Act, unless otherwise provided in this Act.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (3) The provisions of other acts apply to the implementation of the peace-time and war-time organisation of national defence, taking account of the specifications provided for in this Act.

§ 2.  Purpose of national defence and achievement thereof

 (1) The purpose of national defence is to preserve the independence and sovereignty of the state of Estonia, the inseparable and indivisible integrity of its land, territorial waters and airspace and the constitutional order.

 (2) On the basis of and pursuant to the procedure provided for by this Act the whole of society and the resources and stocks of the state shall be implemented for achievement of the national defence goals.

Chapter 2 National Defence Council and planning of national defence 

§ 3.  National Defence Council

 (1) The National Defence Council is an advisory body to the President of the Republic on national defence issues.

 (2) The National Defence Council discusses matters of significant importance to national defence and provides opinions on such matters.

 (3) The President of the Republic shall form the National Defence Council which consists of the President of the Riigikogu, the Chairman of the National Defence Committee and the Foreign Affairs Committee of the Riigikogu, the Prime Minister, the ministers responsible for the areas related to national defence and the Commander of the Defence Forces.

 (4) The rules of procedure of the National Defence Council shall be approved and the meetings thereof shall be chaired by the President of the Republic.

§ 4.  Security Committee of Government of Republic

 (1) The Security Committee of the Government of the Republic (hereinafter Security Committee) shall:
 1) coordinate the activities of the authorities of executive power upon planning, development and organisation of national defence;
 2) perform other tasks imposed by the Security Authorities Act and other acts and assigned thereto by the Government of the Republic.

 (2) The statutes of the Security Committee, which provide for more specific tasks and rules of procedure of the Security Committee, shall be established by a regulation of the Government of the Republic.

 (3) The composition of the Security Committee, which consists of ministers responsible for the areas related to national defence, is approved by a regulation of the Government of the Republic.

 (4) The activities of the Security Committee shall be directed by the Prime Minister.

§ 5.  National defence tasks

  [Repealed – RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 6.  National defence strategic development documents and national defence action plan

 (1) Strategic development documents in the area of national defence and the national defence action plan shall be drawn up for coherent planning of national defence.

 (2) The national defence action plan is a document, which determines, taking account of risk scenarios, the integrated national defence capabilities and needs of the authorities of executive power and, on the basis of which it is possible to assign national defence tasks to authorities and persons, including the tasks to reorganise their activities and redistribute resources. The objective of the national defence action plan is the prevention and combating of the threat to the security of the state and the functioning of the state at this time.

§ 7.  Preparation and establishment of strategic development documents and defence action plan

 (1) Preparation, implementation and amendment of national defence strategic development documents is based on the procedure for preparation, implementation and amendment of strategic development documents provided for in the State Budget Act and the legislation established on the basis thereof taking account of the specifications provided for in this section.
[RT I, 13.06.2017, 6 – entry into force 14.06.2017]

 (11) The obligation to submit it to the Riigikogu for discussion provided for in subsection 2 of § 20 of the State Budget Act does not apply to the development plan containing state secret in the area of national defence. Before submission of the development plan in the area or the draft legislation on the amendment thereof to the Government of the Republic for approval the Prime Minister shall hear the opinion of the National Defence Committee of the Riigikogu.
[RT I, 13.06.2017, 6 – entry into force 14.06.2017]

 (2) The national defence strategic documents and national defence action plan are prepared under the guidance of the Security Committee which shall have the right to request the ministries preparation of the documents and participation therein.

 (3) The preparation of the national defence strategic documents and national defence action plan shall be coordinated by the Government Office which shall have the right to exercise supervision over the performance of the objectives determined in the documents.

 (4) The Government of the Republic shall establish the national defence action plan for the period provided for in the regulation issued on the basis of subsection 5 of this section.

 (5) The procedure for preparation, implementation, reporting, assessment and amendment of the national defence action plan shall be established by a regulation of the Government of the Republic.

Chapter 3 General and increased defence readiness, state of war, mobilisation and demobilisation 

Subchapter 1 General defence readiness, increased defence readiness and state of war and management of organisation of increased defence readiness and handling of state of war 

§ 8.  General defence readiness, increased defence readiness, state of emergency and state of war

 (1) The general defence readiness, increased defence readiness, a state of emergency or a state of war is established in the state depending upon the level of threat in order to ensure the readiness of the state to prevent and combat the threat to the security of the state.

 (2) The State of Emergency Act shall be applied to a state of emergency.

§ 9.  Management of organisation of increased defence readiness and handling of state of war

 (1) The Prime Minister shall direct the organisation of increased defence readiness and handling of a state of war.

 (2) The Government of the Republic, the Prime Minister, the Commander of the Defence Forces and a minister in charge of the internal security policy sector may issue administrative acts for organisation of increased defence readiness and handling of a state of war, which are absolutely necessary to prevent or combat a threat to national security quickly.

 (3) The Prime Minister may give orders concerning organisation of increased defence readiness and settlement of a state of war to a member of the rural municipality or city government, a head, official and member of staff of the state and local government authority, as well as, during a state of war, to a minister in charge of the internal security policy sector and a minister in charge of the national defence policy sector if the competent body does not do this themselves or fails to do this in the right time and these are absolutely necessary to prevent or combat the threat to national security. Upon giving an order the competence of the authority and person must be taken account of, as well as the possibility to execute the order.

 (4) During the period of increased defence readiness and a state of war the Prime Minister may repeal an administrative act of the rural municipality and city government, rural municipality and city council and a head of a state and local government authority and issue a new administrative act on their behalf if the competent body does not do this or does not do it in the right time and the administrative act or a failure to issue thereof impedes directly the organisation of internal security or the military defence of the state or otherwise endangers the prevention or combating of the threat to national security.

 (5) A minister in charge of the internal security policy sector and the Commander of the Defence Forces may give orders during a state of war to a member of the rural municipality or city government, a head, official and member of staff of the state and local government authority concerning settlement of a state of war if these are absolutely necessary for organisation of the internal security of the state or military defence of the state respectively. Upon giving an order the competence of the authority and a person shall be taken account of, as well as the possibility to execute the order.

 (6) During a state of war a minister in charge of the internal security policy sector and a minister in charge of the national defence policy sector may repeal an administrative act of the rural municipality and city government, rural municipality and city council and a head of a state and local government authority if the competent body does not do this and the administrative act impedes directly the organisation of internal security or military defence of the state respectively.

§ 10.  Limitation of fundamental rights and freedoms of persons during increased defence readiness, state of war, mobilisation and demobilisation

 (1) During increased defence readiness, a state of war, mobilisation and demobilisation absolutely necessary measures limiting fundamental rights and freedoms of a person (hereinafter restrictive measure) may be established and applied on the basis of law, including on the conditions provided for in §§ 15, 19, 20, subsection 1 of § 24 and subsection 2 of § 28 of this Act and in the procedure provided for in this section.

 (2) Restrictive measures shall be established by an administrative act specified in subsection 2 of § 9 of this Act, which sets out:
 1) the authorities and persons entitled to apply restrictive measure and their public authority powers;
 2) activities permitted for application of restrictive measure and requirements for application of measure;
 3) where necessary, persons or categories of persons with regard to whom restrictive measure is applied or not applied;
 4) where possible, the time period and area of application of a restrictive measure.

 (21) The person is required to tolerate the restrictive measures applicable with regard thereto.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (3) An administrative act on establishing restrictive measure shall become invalid and new administrative acts with the same purpose may not be issued if increased defence readiness, a state of war, mobilisation and demobilisation terminate or the objective of the restrictive measure is achieved.

§ 101.  Excused non-performance of contractual obligations

 (1) A natural person is not liable for breach of a contract arising from non-performance or improper performance of a financial obligation if the breach was caused by:
 1) reduction of salary or remuneration on the basis of § 282 of this Act;
 2) taking up the duties of a wartime post of military rank (hereinafter wartime post).

 (2) An agreement which deviates from the provisions of subsection 1 of this section to the detriment of the specified natural person is void.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 102.  Suspension of enforcement proceedings

  An enforcement agent suspends the enforcement of a financial claim, fine and pecuniary punishment and fine to the extent of assets with regard to a natural person if the natural person voluntarily fails to comply with the enforcement order, including the failure to pay a fine, pecuniary punishment and fine to the extent of assets, or failure to duly comply with the agreed payment schedule for the reasons provided in clauses 1 and 2 of subsection 1 of § 101 of this Act..
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 11.  Entry into force and publication of legislation related to increased defence readiness, state of war, mobilisation and demobilisation

 (1) An administrative act issued for organisation of increased defence readiness, mobilisation and demobilisation and settlement of a state of war, including an administrative act on application of restrictive measures, shall enter into force upon notification of the direct executor thereof or publication thereof in a national mass medium unless other term or procedure is provided for in the legislation. This administrative act shall also be published in Riigi Teataja.

 (2) An order of the Government of the Republic on increased defence readiness, a resolution of the Riigikogu on declaration of a state of war, ordering mobilisation and demobilisation and approval of and termination of approval of increased defence readiness, the decision of the President of the Republic on declaration of a state of war and ordering mobilisation, as well as an administrative act issued for organisation of increased defence readiness, mobilisation and demobilisation and settlement of a state of war shall be published in an unaltered state as follows unless other term or procedure is provided for in the legislation:
 1) in Riigi Teataja at the latest on the day following the submission thereof for publication;
 2) immediately in a national mass medium.

Subchapter 2 Defence readiness 

§ 12.  General and increased defence readiness

 (1) General defence readiness is the defence readiness level of the state by which an authority and person with national defence tasks performs the tasks related to their ordinary main activities and prepares for acting during other defence levels of the state and mobilisation and demobilisation.

 (2) Increased defence readiness is the defence readiness level of the state by which an authority and person with national defence tasks performs additional tasks in addition to the tasks related to their ordinary main activities in the case of the increased threat to the security of the Republic of Estonia and for participation in an operation specified in clause 1 of § 30 of this Act in order to counter the threat and ensure the functioning of the state.

§ 13.  Increased defence readiness

 (1) In the case of an increased threat to the security of the Republic of Estonia and for participation in the operation specified in clause 1 of § 30 of this Act the Government of the Republic may decide by an order to increase general defence readiness. The decision is made on the basis of the assessment of threat.

 (2) The Government of the Republic shall immediately notify the Riigikogu and the President of the Republic of the decision to increase the defence readiness and the reasons thereof. The increase of defence readiness shall be approved by the Riigikogu.
[RT I, 01.07.2016, 11 – entry into force 11.07.2016]

 (3) After increase of defence readiness an authority and person with national defence tasks shall perform the national defence tasks prescribed for the period of increased defence readiness and may establish and apply restrictive measures. The selection of the time for national defence tasks and the commencement of implementation thereof shall be based on the procedure determined in the national defence action plan. At the time the Riigikogu discusses the approval of the increase of defence readiness the performance of the national defence tasks prescribed for the period of increased defence readiness and application of restrictive measures shall not be suspended.

 (4) Since the decision not to approve the increase of defence readiness the general defence readiness is applied and the performance of national defence tasks prescribed for the period of increased defence readiness and the application of restrictive measures shall be terminated.

 (5) The direct material damage caused by the performance of national defence tasks and application of restrictive measures prescribed for the period of increased defence readiness during the period between the decision on the increasing of defence readiness and decision not to approve thereof is compensated to the person under the terms and pursuant to the procedure provided in Chapter 61 of this Act.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (6) The Riigikogu shall review the approved decision on increasing defence readiness at least every three months. Upon the decrease of a threat the Riigikogu shall decide to terminate the approval. The decision is made on the basis of the assessment of threat.

 (7) The general defence readiness shall be applied from the decision of the Riigikogu to terminate the approval and the performance of the national defence tasks and application of restrictive measures prescribed for the period of increased defence readiness shall be terminated.

§ 14.  Competence of Government of Republic, Prime Minister and Commander of Defence Forces during increased defence readiness

 (1) During increased defence readiness the Government of the Republic may, in addition to its tasks and rights during the general defence readiness:
 1) issue administrative acts on the conditions provided for in subsection 2 of § 9 of this Act;
 2) establish and apply restrictive measures on the conditions provided for in § 15 of this Act;
 3) submit to the Riigikogu the act on amendment of the state budget or draft legislation of the supplementary budget and, where necessary, decide on its implementation until the deciding of the issue by the Riigikogu in the procedure provided for in the State Budget Act.

 (2) During increased defence readiness the Prime Minister may, in addition to the tasks and rights during the general defence readiness:
 1) issue administrative acts on the conditions provided for in subsection 2 of § 9 of this Act and orders on the conditions provided for in subsection 3 od § 9 of this Act;
 2) establish and apply restrictive measures on the conditions provided for in § 15 of this Act.

 (3) During increased defence readiness the Commander of the Defence Forces, as well as a commander authorised by the Commander of the Defence Forces may, in addition to the tasks and rights during the general defence readiness;
 1) issue administrative acts on the conditions provided for in subsection 2 of § 9 of this Act;
 2) establish and apply restrictive measures on the conditions provided for in § 15 of this Act;
 3) may disregard an order and regulation of the Government of the Republic, a directive and regulation of the minister, a resolution and regulation of the rural municipality and city council and an order and regulation of the rural municipality and city government as long as it impedes directly the military defence of the state.

 (4) The Prime Minister is entitled to require the Commander of the Defence Forces and a commander authorised by the Commander of the Defence Forces to comply with the legislation specified in clause 3 of subsection 3 of this section if he or she has been notified of a failure to comply with the legislation by the authority or person issuing thereof and there is reason to believe that the compliance with the legislation does not impede directly the military defence of the state.

§ 15.  Limitation of fundamental rights and freedoms of persons during increased defence readiness

 (1) During increased defence readiness the Government of the Republic may impose a prohibition on leaving Estonia on a person with work obligation arising from the employment or service relationship in order to ensure the implementation of work obligation.

 (2) During increased defence readiness the duty to grant use of a thing in the possession of a person may be imposed or it may be expropriated on the conditions and pursuant to the procedure provided in Chapter 5 Subchapter 3 of this Act.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (3) During increased defence readiness, a work obligation may be applied to a natural person pursuant to the procedure provided in Chapter 5 Subchapter 11 of this Act.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (4) During increased defence readiness the Government of the Republic, the Prime Minister and the Commander of the Defence Forces, as well as a commander authorised by the Commander of the Defence Forces may require the mass media holder, electronic communications undertaking and other person to publish or forward, without charge, in an unaltered state and immediately or at the prescribed time, announcements necessary for preparation of military activities, organisation of mobilisation or additional reservist trainings, imposition of the duty to grant use or expropriation of a thing in the possession of a person and implementation of work obligation, transfer of the administration or taking into temporary use of state assets, for the performance of national defence tasks and application of restrictive measures and legislation in the case provided in this Act,
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 16.  Lowering increased defence readiness

 (1) Upon the decrease of the threat to security of the state the Government of the Republic shall decide by a directive to lower increased defence readiness. The making of the decision is based on the assessment of threat.

 (2) Since the resolution to lower increased defence readiness the general defence readiness shall be in force and the performance of national defence tasks and application of restrictive measures prescribed during increased defence readiness shall be terminated.

Subchapter 3 State of war 

§ 17.  Declaration of state of war

 (1) The Riigikogu declares a state of war on the proposal of the President of the Republic.

 (2) In the case of aggression against the Republic of Estonia, the President of the Republic declares a state of war without awaiting the corresponding resolution of the Riigikogu.

 (3) After declaration of a state of war an authority and person with national defence tasks shall commence performance of the national defence tasks prescribed for the period of a state of war and may establish and apply restrictive measures prescribed for the period of a state of war. The performance of national defence tasks and imposition and application of restrictive measures may be commenced after the proposal to declare a state of war if this is absolutely necessary for quick prevention or combating of the threat to the security of the state. During the time that the Riigikogu is discussing the declaration of a state of war the performance of the national defence tasks and application of restrictive measures prescribed for the period of a state of war shall not be suspended.

 (4) In case the Riigikogu decides not to declare a state of war, the performance of national defence tasks and application of restrictive measures prescribed for the period of a state of war shall be terminated.

 (5) The direct material damage caused by the performance of national defence tasks and application of restrictive measures prescribed for the period of a state of war during the period between the proposal of the President of the Republic and decision not to declare a state of war is compensated to the person on the conditions and in accordance with the procedure provided in Chapter 61 of this Act.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 18.  Competence of Government of Republic, Prime Minister, minister in charge of the internal security policy sector and Commander of Defence Forces during state of war

 (1) During a state of war the Government of the Republic may, in addition to its tasks and rights during general and increased defence readiness:
 1) establish and apply restrictive measures under the terms provided for in §§ 19 and 20 of this Act;
 2) give orders to the Defence Forces to establish or conclude a truce;
 3) establish or conclude a truce or conclude a peace treaty and submit it to the Riigikogu for ratification in the case provided for by law;
 4) suspend the execution of a directive and/or regulation of a minister, a decision and/or regulation of the rural and city council and rural and city government or repeal the legislation if it directly impedes the organisation of internal security or military defence of the state or otherwise endangers the prevention or combating of the threat to the security of the state.

 (2) During a state of war the Prime Minister may, in addition to its tasks and rights during general and increased defence readiness:
 1) establish and apply restrictive measures under the terms provided for in §§ 19 and 20 of this Act;
 2) decide other national defence issues that are not in the competence of another authority or person pursuant to the Constitution of the Republic of Estonia or law.

 (3) During a state of war the minister in charge of the internal security policy sector may:
 1) issue administrative acts on the conditions provided for in subsection 2 of § 9 of this Act and orders on the conditions provided for in subsection 5 of § 9 of this Act;
 2) establish and apply restrictive measures on the conditions provided for in §§ 19 and 20 of this Act.

 (4) During a state of war the Commander of the Defence Forces, as well as a commander authorised by the Commander of the Defence Forces may, in addition to the tasks and rights during the general and increased defence readiness:
 1) give orders on the conditions provided for in subsection 5 of § 9 of this Act;
 2) establish or conclude a truce and terminate the established or concluded truce if the adversary does not comply with the conditions thereof with its activities.

§ 19.  Limitation of fundamental rights and freedoms during state of war

 (1) In case it is absolutely necessary to establish and apply a restrictive measure of limiting the fundamental rights and freedoms of a person, which is not provided for by law, for the prevention or combating of the threat to the national security, the Government of the Republic may apply the measures not provided for by law as long as it is absolutely necessary.

 (2) During a state of war the fundamental rights and freedoms which are provided for in §§ 8 and 11–18, subsection 3 of § 20, §§ 22 and 23, subsections 2 and 4 of § 24, §§ 25, 27 and 28, subsection 2 of § 36, §§ 40, 41 and 49 and subsection 1 of § 51 of the Constitution shall not be restricted.

 (3) The Government of the Republic may derogate from the obligations undertaken by a treaty on human rights upon restricting fundamental rights and freedoms if this is permitted by the treaty and the restriction is in accordance with other obligations under international law.

§ 20.  Measures restricting fundamental rights and freedoms of persons during state of war

 (1) For the prevention and combating of a threat to the security of the state restrictive measures may be established and applied in addition to the restrictive measures prescribed for the period of increased defence readiness and restrictive measures established on the basis of other legislation in the procedure provided for in this section.

 (2) For the prevention of a threat to public order the Government of the Republic may prohibit the holding of public events and meetings, regardless of their objective and venue, until the end of a state of war.

 (3) For the prevention of a threat to public order the Government of the Republic may suspend strikes and lock-outs and prohibit the holding thereof, regardless of the body or organisation, until the end of a state of war.

 (4) The Government of the Republic may, until the end of a state of war, restrict the sales of movables of certain type or corresponding to certain features, prohibit the export thereof from the state or certain region, as well as determine the compulsory price in the case these movables are necessary to meet the immediate needs of the population or for the supporting of the military defence of the state.

 (5) The Government of the Republic may, until the end of a state of war, restrict the use of the means of communication if there is reason to believe that information disseminated by means thereof may pose a threat to military defence of the state or otherwise endanger the security of the state.

 (6) The Government of the Republic, the Prime Minister and a minister in charge of the internal security policy sector may, until the end of a state of war, prohibit communication of data with certain contents in a mass medium, if the disclosure thereof may pose a threat to the military defence of the state or otherwise endanger the security of the state.

 (7) The Government of the Republic, the Prime Minister and a minister in charge of the internal security policy sector may, until the end of a state of war, suspend the provision of media services and publication of a periodical if there is a reason to believe that the information disclosed by means thereof may pose a threat to military defence of the state or otherwise endanger the security of the state.

§ 21.  Ending of state of war

  A state of war shall end by declaring the end of a state of war by the Riigikogu on the proposal of the President of the Republic.

Subchapter 4 Mobilisation and demobilisation 

§ 22.  Goal of mobilisation

 (1) Mobilisation is a set of activities during which the readiness for military activities of the wartime units of the Defence Forces is ensured.

 (2) During the mobilisation the persons liable to national defence obligation and active members of the Estonian Defence League with no national defence obligation appointed to a wartime post are obliged to perform the tasks of a wartime post and volunteers are taken to military service.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (3) In order to support mobilization, the duty to grant use of a thing in the possession of a person is imposed or it is expropriated and a work obligation is implemented, a decision is made on the transfer of the administration or taking into temporary use of state assets, and the authority or person with national defence tasks performs national defence tasks. The resources and reserves necessary for the performance of national defence tasks may be taken into use to organize the mobilization.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 23.  Order for mobilisation

 (1) Mobilisation shall be ordered in the case of aggression against the Republic of Estonia or a threat thereof and for the conduct of operation specified in clause 1 of § 30 of this Act.

 (2) Mobilisation shall be ordered by the Riigikogu on the proposal of the President of the Republic.

 (3) In the case of an aggression against the Republic of Estonia the mobilisation shall be ordered by the President of the Republic without awaiting the resolution of the Riigikogu.

 (4) After ordering the mobilisation during the general defence readiness and increased defence readiness the Government of the Republic shall determine by an order the size of the personnel of the Defence Forces participating in military activities or the units of the Defence Forces participating.

§ 24.  Restriction of fundamental rights and freedoms of persons for preparation and organisation of mobilisation

 (1) For preparation and organisation of mobilisation the Government of the Republic may impose a prohibition on leaving Estonia to a person liable to national defence obligation of at least 18 years of age and an active member of the Defence League with no national defence obligation appointed to a wartime post.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (2) During mobilisation the measures and work obligation provided for in subsection 2 of § 15 of this Act may be implemented for the achievement of the goal of mobilisation in accordance with the procedure provided for in Chapter 5 Subchapter 11 of this Act.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (3) The applicable restrictive measures shall be in compliance with the goal of mobilisation and shall be necessary for organisation of mobilisation. A restrictive measure may not be applied for longer than it is necessary for the achievement of the goal.

§ 25.  Mobilisation register

  [Repealed – RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 26.  Goal of demobilisation

 (1) Demobilisation is a set of activities as a result of which the wartime units of the Defence Forces shall be transferred to the state of readiness prior to mobilisation.

 (2) During demobilisation active servicemen who had taken up the tasks of a wartime post shall be released from active service or they shall continue performance of the tasks of a peacetime post with military rank (hereinafter peacetime post).

 (3) In order to support demobilization, the duty to grant use of a thing in the possession of a person is imposed or it is expropriated and a work obligation is implemented, a decision is made on the transfer of the administration or taking into temporary use of state assets, and the authority or person with national defence tasks performs national defence tasks. The resources and reserves which are necessary for the performance of national defence tasks may be taken into use for organisation of demobilization.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 27.  Order for demobilisation

 (1) Demobilisation shall be ordered by the Riigikogu on the proposal of the President of the Republic.

 (2) The order for demobilisation shall terminate mobilisation.

 (3) Upon the order for demobilisation the Riigikogu shall decide the duration of demobilisation.

§ 28.  Restriction of fundamental rights and freedoms of persons for organisation of demobilisation

 (1) For organisation of demobilisation the measures and obligation to work provided in subsection 2 of § 15 of this Act may be implemented in accordance with the procedure provided in Chapter 5 Subchapter 11 of this Act.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (2) The applicable restrictive measures shall be in compliance with the goal of demobilisation and be necessary for organisation of demobilisation. A restrictive measure may not be applied for longer than it is necessary for the achievement of the goal.

Subchapter 5 Employment and service relationships during increased defence readiness, state of war, mobilization and demobilization 
[RT I, 10.03.2022, 1 - entry into force 21.03.2022]

§ 281.  Obligation to perform additional work and service tasks

 (1) The person who has the appointment authority and is authorised to enter into an employment contract or a person authorised thereby may impose, on an employee and an official who is in an employment or service relationship with an authority of executive power, a local government authority or another public authority, additional one-time work or service tasks (hereinafter additional work or service task), the performance of which does not arise from the job description, employment contract or legislation, where it is necessary for the organisation of increased defence readiness, mobilization or demobilization or the handling a state of war or for the support of them.

 (2) An official and an employee may be sent, without the consent of the person, to another authority to perform an additional work or service task specified in subsection 1 of this section and outside permanent job or place of employment of the person. If an official or employee performs an additional job or service in another authority, the person is obliged to follow the instructions and orders of the other authority to the extent necessary for the performance of the additional job or service and to follow the work organization of the other authority.

 (3) During the performance of an additional job or service task, the salary of an official and remuneration of an employee is maintained.

 (4) The travel and accommodation expenses are reimbursed to an official and an employee who performs additional work or service tasks outside the territory of the local government of the permanent post of the official and the permanent job of the employee.

 (5) Upon imposing the obligation specified in subsections 1 and 2 of these section significant circumstances are taken into account, which may hinder an official and employee to perform additional work or service tasks or to perform thereof outside the permanent place of work or service of the person.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 282.  Payment of salaries and remuneration during increased defence readiness, state of war and mobilization

 (1) The salary of an official and remuneration of an employee working for an authority and a person financed from the state budget may be unilaterally reduced during the increased defence readiness, a state of war or mobilization where, due to the financial resources of the state, the budget of the authority and the person financed from the state budget is reduced and at the same time it is necessary to continue performance of the tasks or provision of services necessary for the functioning of the state.

 (2) An authority or a person not specified in subsection 1 of this section may unilaterally reduce the remuneration of an employee during increased defence readiness, a state of war or mobilization where the reason for reducing labour costs is the need to continue performance of tasks or provision of services necessary for the functioning of the state regardless of the decrease in the budgetary income.

 (3) Upon unilateral reduction of salaries and remuneration during increased defence readiness, a state of law or mobilization, the salaries of officials and remuneration of employees may not be reduced proportionally more and for a longer period than the budget revenues of the authority and person have decreased and other possibilities for reducing budget expenditures have been exhausted. Upon unilateral reduction of the salary and remuneration the salary and remuneration may not be lower than the minimum rate of remuneration established by the Government of the Republic.

 (4) After lowering the defence readiness or the end of a state of war or mobilization, the salary of an official and the remuneration of an employee must be restored to the former amount within a reasonable time.

 (5) The reduction of remuneration and salary is not permitted if an authority or person grants a loan to another person, including its parent or subsidiary company or during the period for which the share of profit is paid, except the grant of a loan to the state or upon the transfer of the share of profit to the state budget.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 283.  Specifications of working time upon performance of national defence work obligation

 (1) During increased defence readiness and a state of war an authority and a person holding employment or posts with national defence work obligations may impose on a person performing national defence work obligation provided in Chapter 5 Subchapter 11 of this Act the organisation of working time, requirements for the duration of working, rest and on-call time and restrictions on work at night and on public holidays which are different from the provisions of the Employment Contracts Act, the Civil Service Act and special acts applicable to different categories of officials in civil service.

 (2) A person with a national defence work obligation is guaranteed at least six hours of rest time per 24 hours, of which four hours of rest time must be uninterrupted, and at least 36 hours of consecutive rest time during a seven-day period.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 284.  Interruption of holiday of person with national defence work obligation

 (1) The declaration of a state of war interrupts the holidays of a person with a national defence work obligation and the person is required to appear immediately at the seat of the person’s employment or post.

 (2) The declaration of a state of war does not interrupt the maternity leave, paternity leave, adoptive parents leave or parental leave of a person.
[RT I, 26.10.2018, 1 – entry into force 01.04.2022, changed [RT I, 10.03.2022, 1]]

Chapter 4 International military co-operation 

Subchapter 1 General requirements for international military co-operation 

§ 29.  International military co-operation

 (1) Participation in international military co-operation is:
 1) the using of the Defence Forces in international military operations;
 2) the participation of the Defence Forces in international military exercises;
 3) the enabling of the temporary stay of the armed forces of a foreign state in the territory of the Republic of Estonia on the bases and pursuant to the procedure provided for by law;
 4) the recognition of the status of international military headquarters, participation in the activities of the headquarters and support of the activities of the headquarters;
 5) the planning and implementation of the joint defence projects of the Republic of Estonia, an international organisation and a foreign state.

 (2) The provisions of this chapter do not apply to a serviceman who is employed in a foreign mission of the Republic of Estonia or a member of the armed forces of a foreign state who is employed in a diplomatic representation or consular authority of a foreign state.

 (3) The use of force by the Defence Forces in international military co-operation is exercised pursuant to the procedure provided for in the Estonian Defence Forces Organisation Act.

 (4) The transfer and receipt of command authority is conducted pursuant to the procedure provided for in the Estonian Defence Forces Organisation Act.

 (5) The Estonian legislation shall apply to a serviceman, another person in the employment relationship with the Defence Forces and their dependants accompanying them who are staying in a foreign state in so far as it is in compliance with a treaty and the generally recognised principles and norms of international law.

 (6) The Estonian legislation shall apply to a person who is a member of the armed forces of a foreign state, a civilian employed by and accompanying the armed forces of a foreign state and the dependants thereof who are staying in the territory of the Republic of Estonia in so far as it is in compliance with a treaty and the generally recognised principles and norms of international law.

 (7) The relevant administrative authority and official of the armed forces of a foreign state staying in the territory of the Republic of Estonia may exercise disciplinary and criminal jurisdiction in the Republic of Estonia in respect of a member of the armed forces of the foreign state and the dependant thereof if such right has been granted to them by the legislation of such state and if this is in accordance with the relevant treaty and the generally recognised principles and norms of international law.

 (8) The Estonian Defence Forces (hereinafter Defence Forces) shall enter into international agreements with the approval of the minister in charge of the national defence policy sector.

§ 30.  International military operation

  For the purposes of this Act, an international military operation is:
 1) a collective self-defence operation organised for the performance of an obligation assumed by a treaty or assumed legally in any other manner on the basis of the right recognised in Article 51 of the United Nations Charter (hereinafter collective self-defence operation);
 2) a military operation organised under the provisions of Chapters VI or VII of the United Nations Charter for the purpose of preservation or restoration of peace and security and other military operation in accordance with the generally recognised principles and norms of international law (hereinafter other international military operation).

§ 31.  Decision on participation of Defence Forces in international military exercise

  The participation of the Defence Forces in an international military exercise shall be decided by the minister in charge of the national defence policy sector.

§ 32.  Proceedings of claim for damages

  [Repealed – RT I, 10.03.2022, 1 – entry into force 21.03.2022]

Subchapter 2 International military co-operation outside territory of Republic of Estonia 

§ 33.  Use of Defence Forces in collective self-defence operation

 (1) The Riigikogu shall decide on the use of the Defence Forces in a collective self-defence operation as follows by:
 1) ratifying a treaty providing for the principle of collective self-defence;
 2) making an appropriate decision if the treaty specified in clause 1 of this subsection has not been entered into.

 (2) The Government of the Republic shall issue an order to the Defence Forces to commence participation and terminate participation of units in a collective self-defence operation.

 (3) The President of the Republic, the Board of the Riigikogu and the chairman of the National Defence Committee of the Riigikogu shall be immediately notified of the order specified in subsection 2 of this section.

§ 34.  Use of Defence Forces in other international military operation

 (1) The Riigikogu shall decide on the use of the Defence Forces in another international military operation separately for each individual case, taking account of the exemptions provided for in this section.

 (2) The Riigikogu shall not pass a separate resolution on the use of the Defence Forces in another international military operation for each individual case if the obligation to use the Defence Forces is based on a ratified treaty.

 (3) The use of the Defence Forces in other international military operation in the composition of the rapid reaction forces of the North-Atlantic Treaty Organisation or a member state thereof and the European Union shall be decided by the Riigikogu prior to the start of the stand-by period of a unit of the Defence Forces. The Riigikogu shall determine the international organisation or a member state in the composition of rapid reaction forces of which the unit of the Defence Forces shall operate and the limit number of servicemen who may participate in a specific international military operation.
[RT I, 29.05.2018, 1 – entry into force 01.07.2018]

 (4) The Riigikogu shall determine by a resolution for each year the limit number of servicemen who may participate in another international military operation led by the North-Atlantic Treaty Organisation or a member state thereof, the European Union or the United Nations, upon contributing thereto for the first time. Further use of the Defence Forces in the same operation shall be decided in the general procedure on the basis of subsection 1 of this section.
[RT I, 29.05.2018, 1 – entry into force 01.07.2018]

 (5) [Repealed – RT I, 01.04.2016, 1 – entry into force 11.04.2016]

 (6) On the basis of the resolution of the Riigikogu or a treaty provided for in subsections 1–3 of this section the minister in charge of the national defence policy sector shall, in coordination with the minister in charge of the foreign relations policy sector, issue an order to the Defence Forces to commence participation or terminate participation in another international military operation. The President of the Republic, the Board of the Riigikogu and the chairman of the National Defence Committee of the Riigikogu shall be immediately notified of the order.
[RT I, 01.04.2016, 1 – entry into force 11.04.2016]

 (61) On the basis of the resolution of the Riigikogu provided for in subsection 4 of this section the Government of the Republic shall issue an order to the Defence Forces to commence participation or terminate participation in another international military operation, taking account of the position of the National Defence Committee of the Riigikogu. The President of the Republic, the Board of the Riigikogu and the chairman of the National Defence Committee of the Riigikogu shall be immediately notified of the order.
[RT I, 01.04.2016, 1 – entry into force 11.04.2016]

 (7) An active serviceman who has been seconded to an international organisation or international military headquarters on the basis of clauses 1–4 of subsection 1 of § 115 of the Military Service Act may participate in another international military operation in the composition of this international organisation or international military headquarters.

Subchapter 3 International military co-operation in territory of Republic of Estonia 

§ 35.  Stay of armed forces of foreign state in Estonia

  On the bases provided for in this Act, the armed forces of a foreign state may temporarily stay in the territory of the Republic of Estonia if the purpose thereof is:
 1) participation in an international military operation;
 2) participation in an international military exercise;
 3) participation in the activities of international military headquarters;
 4) transit;
 5) planning and implementation of joint defence projects.

§ 36.  Arrival and stay of armed forces of foreign state in Republic of Estonia and departure from Republic of Estonia

 (1) A permit issued on the basis of this Act is necessary for the arrival of the armed forces of a foreign state in the Republic of Estonia. The permit may be issued for a single or multiple border-crossing.

 (2) On the basis of the permit specified in subsection 1 of this section the Police and Border Guard Board shall make a notation regarding the bases and time for stay in Estonia in the document submitted by a member of the armed forces of a foreign state and his or her dependant upon crossing the border or later at the first opportunity. Upon extension of the permit specified in subsection 1 of this section or issue of a new permit, the Police and Border Guard Board shall enter a new notation in the document.

 (3) A notation specified in subsection 2 of this section shall not be entered in the document submitted by a member of the armed forces of a foreign state and his or her dependant if the purpose of the stay in Estonia of the armed forces of the foreign state is participation in an international military operation or it is impossible for practical reasons.

 (4) The format of the notation regarding the basis and time for stay in Estonia entered in the document submitted by a member of the armed forces of a foreign state and his or her dependant upon crossing the border shall be established by a regulation of the minister in charge of the internal security policy sector.

 (5) The procedure for notification of the arrival in the Republic of Estonia of armed forces of a foreign state, a member of the armed forces of a foreign state or a dependant thereof, the number of vehicles and amount of goods and the time and place of the planned crossing of the border and transporting over the border shall be established by a regulation of the minister in charge of the national defence policy sector.

§ 37.  Issue of permit for stay in Republic of Estonia to armed forces of foreign state for participation in international military operation organised in territory of Republic of Estonia

 (1) The issue of permit for a temporary stay in the state to the armed forces of a foreign state for participation in an international military operation organised in the territory of the Republic of Estonia shall be decided:
 1) by an order of the Government of the Republic if the Republic of Estonia and the relevant foreign state are parties to a treaty containing the principle of collective self-defence;
 2) in the absence of a treaty specified in clause 1 of this subsection by a resolution of the Riigikogu.

 (2) The President of the Republic, the Board of the Riigikogu and the chairman of the National Defence Committee of the Riigikogu shall be immediately notified of the resolution issued on the basis of clause 1 of subsection 1 of this section.

 (3) The President of the Republic and the Government of the Republic shall be immediately notified of the resolution issued on the basis of clause 2 of subsection 1 of this section.

 (4) The procedure provided for in this section shall also apply to the temporary stay of the armed forces of a foreign state in the territory of the Republic of Estonia with the purpose to participate in an international military operation organised in the territory of another state.

§ 38.  Issue of permit for stay in territory of Republic of Estonia to armed forces of foreign state in other cases

 (1) Issue of permit for a temporary stay in the state to the armed forces of a foreign state for participation in an international military exercise organised in the territory of the Republic of Estonia shall be decided by a directive of the minister in charge of the national defence policy sector.

 (2) Issue of permit for a temporary stay in the state to the armed forces of a foreign state for participation in the activities of international military headquarters in the territory of the Republic of Estonia shall be decided by a directive of the minister in charge of the national defence policy sector.

 (3) Issue of a permit for a temporary stay in the territory of the Republic of Estonia to the armed forces of a foreign state for implementation of a joint defence project shall be decided by a directive of the minister in charge of the national defence policy sector.

§ 39.  Transit of armed forces of foreign state

 (1) For the purposes of this Act, the transit of the armed forces of a foreign state means the stay of the armed forces of a foreign state in the territory of the Republic of Estonia for the purpose of crossing the land territory of the Republic of Estonia, except in the case provided for in subsection 4 of § 37 of this Act.

 (2) If the Republic of Estonia and the relevant foreign state are parties to a treaty containing the principle of collective self-defence, the issue of a permit for the transit of armed forces of a foreign state shall be decided by the minister in charge of the national defence policy sector.

 (3) In the absence of a treaty containing the principle of collective self-defence between the Republic of Estonia and a foreign state the issue of a permit for transit to the armed forces shall be decided by:
 1) a directive of the minister in charge of the national defence policy sector if the personnel of the unit is composed of up to 2,000 members;
 2) an order of the Government of the Republic if the personnel of the unit is composed of between 2,001 and 5,000 members;
 3) a resolution of the Riigikogu if the personnel of the unit is composed of over 5,000 members.

 (4) The President of the Republic, the Board of the Riigikogu and the chairman of the National Defence Committee of the Riigikogu shall be immediately notified of the directive specified in clause 1 of subsection 3 of this section and of the order specified in clause 2 of subsection 3 of this section.

 (5) The Riigikogu may suspend the validity of the directive specified in clause 1 of subsection 3 of this section and of the order specified in clause 2 of subsection 3 of this section and adopt a new resolution.

§ 40.  Right of armed forces of foreign state to use force

 (1) The armed forces of a foreign state staying in the territory of the Republic of Estonia on the basis of § 37 of this Act may use force in the territory of the Republic of Estonia to achieve the objectives of the international military operation.
The armed forces of a foreign state staying in the territory of the Republic of Estonia on the basis of §§ 38 and 39 of this Act may use force if this is necessary for the supporting of the Defence Forces in peacetime to counter an attack against the Estonian state from outside the territory of the Estonian state. The use of force is authorised pursuant to subsection 2 of § 46 of the Estonian Defence Forces Organisation Act.

 (3) In the case of the exercise of the right provided for in subsection 2 of this section the Riigikogu or the Government of the Republic shall immediately adopt a resolution under § 37 of this act concerning further stay of the armed forces of a foreign state in the territory of the Republic of Estonia.

 (4) The use of force by the armed forces of a foreign state in the territory of the Republic of Estonia shall be based on treaties, generally recognised principles and norms of international law and the rules of engagement established by an international organisation and the relevant foreign state and the rights granted and the restrictions imposed by the Riigikogu and the Government of the Republic.

§ 41.  Legal basis for stay in Republic of Estonia of member of armed forces of foreign state and dependant thereof

 (1) The permit provided for in subsection 1 of § 36 of this Act forms a legal basis only for the stay in the territory of the Republic of Estonia.

 (2) A dependant of a member of the armed forces of a foreign state shall have the right to stay in Estonia together with the member of the armed forces of a foreign state who is staying in Estonia on the basis of the permit provided for in subsection 1 of § 36 of this Act. The dependant is permitted to stay and be employed in Estonia during the validity of the specified authorisation.

 (3) In the case provided for in a treaty the minister in charge of the national defence policy sector may issue a permit to the dependant to stay and be employed in Estonia longer than the period of validity of the permit.

 (4) For the purposes of this Act a person is a dependant if this arises from a treaty.

§ 42.  Other person participating in international military co-operation

  For compliance with the obligations undertaken by a treaty, the provisions of §§ 35–39 and § 41 of this Act with regard to a member of the armed forces of a foreign state and the dependant thereof shall also apply to a civilian in the employment of and accompanying the armed forces of a foreign state, an employee of a contractor of the armed forces of a foreign state, a member of personnel and a student of an international military educational institution, a member of personnel of international military headquarters, an employee of a contractor of the headquarters and the dependants of the specified persons.
[RT I, 27.06.2017, 1 – entry into force 01.07.2017]

§ 43.  Issue of diplomatic clearances for state aircraft and military vessels

 (1) A permit for entry of a foreign military vessel into the Estonian territorial waters or inland waters and a permit for entry into the Estonian airspace, for landing on the Estonian territory or for flying over the territory of a state aircraft of a foreign state shall be issued by the minister in charge of the national defence policy sector or a person authorised thereby.

 (2) The procedure for the issue of a permit for entry into the Estonian territorial waters or inland waters to foreign military vessels and permits for entry into the Estonian airspace, landing on the Estonian territory or flying over the territory to foreign state aircraft shall be established by a regulation of the Government of the Republic.

 (3) A permit specified in subsection 1 of this section may be valid for single or multiple entries.

Chapter 5 National defence obligations 
[RT I, 10.03.2022, 1 - entry into force 21.03.2022]

Subchapter 1 National defence tasks 
[RT I, 10.03.2022, 1 - entry into force 21.03.2022]

§ 431.  National defence task

  A national defence task is a permanent or one-time task that is necessary for the organization of the increased defence readiness, mobilization or demobilization or for handling a state of war, or for the support thereof.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 432.  Permanent national defence task

 (1) A permanent national defence task is a task necessary for achieving the objective of national defence which is related to the area of government of the ministry, the main task of another authority of executive power or local government and the area of activity or purpose of a legal person or a sole proprietor.

 (2) The permanent national defence task of a ministry and other authority of executive power is determined by law or a national defence action plan.

 (3) The permanent national defence task of a local government is determined by law.

 (4) The permanent national defence task of a legal person in private law, a legal person in public law and a self-employed person is determined by law or on the basis of law.

 (5) An authority or a person with a permanent national defence task specified in subsections 2–4 of this section must be prepared for the performance of the permanent national defence task assigned thereto, among other, to ensure that they have the personnel prepared for the performance of the task and the resources and reserves necessary therefor.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 433.  One-time national defence task

 (1) A one-time national defence task is a specific task assigned in an individual case on the basis of this Act.

 (2) During the increased defence readiness, a state of war, mobilization or demobilization, the Defence Forces, the Estonian Centre for Defence Investment (hereinafter Centre for defence Investment) and an authority of executive power authorized by the Government of the Republic may impose a one-time national defence task on a sole proprietor and a legal person, including a local government, based on their tasks, the area of activity or purpose, where:
[RT I, 09.08.2022, 2 – entry into force 01.09.2022]
 1) the task is necessary for the organization of the increased defence readiness, mobilization or demobilization or for handling a state of war or for the support thereof;
 2) it is not possible to perform the task in a timely manner or with sufficient effectiveness by the authorities of executive power or by persons involved voluntarily and
 3) it is impossible for another person that is appointed or authorized to perform by law or on the basis thereof to perform the task

 (3) The assignor of a one-time national defence task specified in subsection 2 of this section may, before assigning the task during the general or increased defence readiness, a state of war, mobilization or demobilization, apply the investigative activities specified in clauses 1–6 and 9–11 of subsection 1 of § 826 of this Act to determine the ability to perform the one-time national defence task.

 (4) A one-time national defence task may be assigned until the end of the increased defence readiness, a state of war, mobilization or demobilization. A one-time national defence task may not be conditional.

 (5) The performer of the national defence task immediately notifies the assignor of the task of the obstacle to the performance of a one-time national defence task and the reasons therefor.

 (6) The performance of a one-time national defence task terminates:
 1) upon expiry of the term for performance of a one-time national defence task;
 2) by a decision of the assignor of a one-time national defence task specified in subsection 2 of this section;
 3) upon the death of a sole proprietor with a national defence task.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

Subchapter 11 Work obligation 
[RT I, 10.03.2022, 1 - entry into force 21.03.2022]

Division 1 General specifications of work obligation 

§ 44.  Work obligation

 (1) Work obligation is the obligation of an Estonian citizen or other natural person living in Estonia permanently to perform national defence work during the increased defence readiness, a state of war, mobilization or demobilization where the performing of the work is essential for the performance of a national defence task or for the support thereof or for the ensuring of the continuity of functioning of the constitutional institution.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (2) For the purposes of this Act work obligation is not the performance by an active serviceman of tasks of a wartime post, conscript service, reserve service and alternative service.

 (3) Work obligation is divided into a national defence work obligation and a one-time work obligation.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (4) A national defence work obligation is the obligation arising from the employment or service relationship which is directly related to the performance of a national defence task or the support thereof or the ensuring of the continuity of functioning of the constitutional institution during increased defence readiness, a state of war, mobilization or demobilization.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (5) A one-time work obligation is the work outside employment or service relationship necessary in an individual case for the performance of a national defence task or the support thereof or for the ensuring of the continuity of functioning of the constitutional institution. Professional training or education is not a presumption for the imposition of a one-time work obligation.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 45.  General working time specifications upon performance of temporary work obligation

  [Repealed – RT I, 10.03.2022, 1 – entry into force 21.03.2022]

Division 2 National defence work obligation 

§ 46.  Post or employment with national defence work obligation

 (1) Posts with national defence work obligation are the posts of the President of the Republic, a member of the Government of the Republic, a member of the Riigikogu, a member of the European Parliament, the Auditor General, the Chancellor of Justice, the State Secretary, the Chief Justice of the Supreme Court and a justice of the Supreme Court, chairman of circuit court, county court and administrative court, chairman of the Supervisory Board of Eesti Pank and the Governor of Eesti Pank, rural municipality mayor and city mayor.

 (2) In addition to the posts specified in subsection 1 of this section, the Government of the Republic may appoint additional posts and employment with a national defence work obligation and by name the persons with obligation to work therein and prescribe the conditions for assigning posts and employment with a national defence work obligation to authorities and persons that are performing national defence tasks of supporting thereof or ensuring the continuity of functioning of the constitutional institution.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (3) The list of additional posts and employment with national defence tasks and the persons appointed to them by name, the conditions for the appointment to such posts and employment and the procedure for keeping account thereof is established by a regulation of the Government of the Republic.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (4) [Repealed – RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 47.  Release from national defence work obligation

  The following shall be released from the national defence work obligation:
 1) a person under 18 years of age;
 2) a person with no work ability;
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]
 3) a person staying in Estonia on the bases provided for in subsections 1 and 2 of § 43 of the Aliens Act.

§ 48.  Creation of national defence work obligation

 (1) The national defence work obligation arises to a person upon commencement of the post with national defence work obligation or upon commencement of employment prescribed in the employment contract or upon assignment of his or her post or employment as a post or employment with national defence work obligation.

 (2) A person shall be notified of the creation of the national defence work obligation upon taking up a post or employment with the national defence work obligation or upon assignment of his or her post or employment as a post or employment with national defence work obligation.

 (3) Upon employment of a person in several posts or places of employment with national defence work obligation the national defence work obligation is deemed to have been created only in a post or employment where deductions are made upon withholding income tax on the income received for employment in the procedure provided for in subsections 1 and 2 of § 42 of the Income Tax Act.

§ 49.  Remuneration of compliance with national defence work obligation

  [Repealed – RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 50.  Interruption of holiday

  [Repealed – RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 51.  Termination of national defence work obligation

 (1) National defence work obligation shall terminate:
 1) upon termination of the employment contract or release from the post;
 2) if the post or employment in which the person is employed is no longer a post or employment with national defence work obligation.

 (2) In the case of the release from the post or employment with the national defence work obligation at his or her own request or termination of the employment contract during increased defence readiness or a state of war the person is required to submit a notice to the employer at least 60 days before the desired release from the post or termination of the employment contract.

 (3) A person holding a post or employment with national defence work obligation may require the release form service or termination of the employment contract before the term of notice provided for in subsection 2 of this section due to material violation by the authority or employer, primarily if:
 1) the person has been degraded or threatened to do so or third parties have been allowed to do so;
 2) payment of the basic salary or remuneration has been considerably delayed;
 3) continuing of service or employment is related to a real threat to the person’s morals and good name.

 (4) A person may require extraordinary release from the post with the national defence work obligation or termination of the employment contract for good reasons, in particular if the employee's state of health or family duties do not allow him or her to perform the prescribed work in his or her post or employment.

 (5) A person may require extraordinary release from the post or termination of the employment contract only within reasonable time after he or she became aware of or should have become aware of the fact forming the basis for cancellation.

Division 3 One-time work obligation 
[RT I, 10.03.2022, 1 - entry into force 21.03.2022]

§ 511.  Imposition of one-time work obligation

 (1) During the increased defence readiness, a state of war, mobilization and demobilization, a governmental authority and a local government authority and a person authorized by them may impose on a natural person whose national defence obligations do not arise from another law or administrative contract, a one-time work obligation for performance or support of a national defence task or to ensure the continuity of functionality of the constitutional institution where:
 1) the authority wishing to implement the one-time work obligation cannot by itself or with the help of the person voluntarily involved perform the task on time or sufficiently effectively and
 2) the performance of a one-time work obligation does not pose a disproportionate risk to the person performing the one-time work or to the property thereof and is not in conflict with other obligations of the person arising from law.

 (2) Upon deciding on the imposition of a one-time work obligation, the state of health of the person and other significant circumstances which may affect the performance of work are taken into account.

 (3) A one-time work obligation is notified to a person by an oral or written administrative act.

 (4) A one-time work obligation lasts up to 48 hours. The duration of a one-time work obligation may not exceed the time required to perform the work or comply with the task. The imposition of a one-time work obligation may not be conditional.

 (5) A person performing a one-time work obligation must be guaranteed a reasonable rest period.

 (6) Persons may be required to appear to perform a one-time work obligation together with the necessary work tools and vehicles if they have them.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 52.  Release from one-time work obligation

  [RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (1) The following are released from one-time work obligation
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]
 1) an alien who has been released from work obligation on the basis of treaties or generally recognized norms of international law;
 2) a person under 18 years of age;
 3) a female person during the period when she has the right for maternity leave pursuant to the Employment Contracts Act;
[RT I, 26.10.2018, 1 – entry into force 01.04.2022]
 4) a person with no work ability;
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]
 5) a person staying in Estonia on the bases provided for in subsections 1 and 2 of § 43 of the Aliens Act;
 6) one parent or guardian of a minor under 12 years of age;
 7) a person with a severe or profound disability;
 8) a caregiver of a disabled person during the performance of the caregiving obligation;
 9) a serviceman performing the tasks of a wartime post;
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]
 10) a person employed in a post or employment where one-time work obligation hinders the compliance with the national defence work obligation.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (2) Clause 6 of subsection 1 of this section is applied only to a person raising a child or a caregiver.

 (3) A person released from one-time work obligation may voluntarily participate in the performance of the work done as a one-time obligation.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 53.  Entitled persons for taking decisions on imposition of temporary work obligation

  [Repealed – RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 54.  Duration and conditions of temporary work obligation

  [Repealed – RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 55.  Support for temporary work obligation

  [Repealed – RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 551.  Rights of person with one-time work obligation

 (1) An employer may not terminate an employment contract or employment relationship with a person performing a one-time work obligation on the grounds that the person is performing a one-time work obligation.

 (2) In the event of getting killed or the death resulting from injury or illness received upon the performance of one-time work obligation the state arranges the funeral of a person or covers the expenses of arranging the burial of a person.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 56.  Termination of one-time work obligation

  [RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (1) One-time work obligation terminates:
 1) upon the expiry of the term of one-time work obligation
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]
 2) on the decision of the person imposing a one-time work obligation or a person authorised thereby;
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (2) [Repealed – RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (3) The person who imposed the work obligation or the person authorised by the person are immediately informed of the impediment to the performance of the one-time work obligation and the reasons therefor by the implementer of the obligation.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

Subchapter 2 Military service 

Division 1 General exceptions to military service 

§ 57.  Implementation of military service requirements

 (1) During increased defence readiness, a state of war, mobilisation and demobilisation military service is organised according to the requirements established for military service unless otherwise provided for in this Act.

 (2) During additional reservist training and in case of mobilisation the commencement of a serviceman of the performance of the tasks of a wartime post shall be decided by the Commander of the Defence Forces, taking account of the provisions of the regulation of the Government of the Republic issued on the basis of subsection 4 of § 23 of this Act.

 (3) During a state of war all the servicemen shall commence performance of the tasks of a wartime post, except active servicemen with regard to whom the Commander of the Defence Forces shall make a decision on the continuation of the secondment or the continuation of the suspension of the suspended active service relationship.

 (4) During mobilisation and a state of war an active serviceman appointed to a post of the Chief of Staff and a district commander of the Defence League shall perform his or her tasks provided for in the Estonian Defence League Act and legislation issued on the basis thereof to the extent determined by the Commander of the Defence League. During mobilisation and a state of war the Commander of the Defence Forces may partially release the active serviceman holding a peacetime post in the Defence league from the performance of the duties of the wartime post.

 (5) During mobilisation and a state of war the Commander of the Defence League shall perform the tasks of his or her wartime post in addition to the tasks arising from the Estonian Defence League Act.

 (6) The provisions of §§ 111 and 112 and Chapter 11 of the Military Service Act shall not be applied during a state of war, mobilisation and demobilisation.

 (7) Subsection 3 of § 31, §§ 83–90, § 92, §§ 94–110, subsections 2, 3, 7 and 8 of § 113, § 114, subsections 3 and 4 of § 116, subsection 1 of § 117, subsections 2 and 4 of § 119, §§ 121–127, subsections 1–5 of § 128, clause 1 of subsection 1 of § 131, §§ 133–156 and § 190 of the Military Service Act shall not be applied to an active serviceman who is performing the tasks of a wartime post.

§ 58.  Grant of military rank and change of rank

 (1) Section 17, subsections 4–6 and 8 of § 22 and § 25 of the Military Service Act do not apply upon the grant of military rank during a state of war.

 (2) During a state of war, mobilisation and demobilisation a military rank may be lowered in addition to the provisions of the Military Service Act upon the entry into force of the conviction.

§ 59.  Medical commission and assessment of compliance with health requirements

 (1) The activities of the medical commission of the Defence Resources Agency and the authorisations of the members of the commission shall suspend during increased defence readiness and mobilisation as of the decision on the suspension of the entering into conscript service provided for in subsection 2 of § 60 of this Act and for the period of a state of war.

 (2) During additional reservist training, mobilisation and a state of war a doctor shall assess the compliance of the person with the health requirements upon his or her arrival at the place of assembly or place of service.

 (3) During mobilisation and a state of war a doctor shall assess the compliance of an active member of the Defence League not liable to national defence obligation with the health requirements for active serviceman upon his or her arrival at the place of assembly or place of service.

 (4) Upon the suspension of the activities of the medical commission of the Defence Resources Agency the compliance of the state of health of a person in alternative service and a person applying for national defence obligation with the health requirements of a person liable to mandatory duty to serve in the Defence Forces shall be assessed by the medical commission of the Defence Forces.

§ 60.  Organisation of entering into conscript service and alternative service

 (1) Upon declaration of a state of war the entering into conscript service and alternative service shall be suspended.

 (2) During increased defence readiness and mobilisation the suspension of the entering into conscript service shall be decided by the minister in charge of the policy sector. The suspension of the entering into conscript service shall suspend the entering into alternative service.

 (3) In the case of the suspension of entering into conscript service the Defence Resources Agency shall terminate the performance of the tasks provided for in subsection 1 of § 33 of the Military Service Act until the suspension of the entering into conscript service is terminated.

 (4) The amendment of the terms of entering into conscript service, the duration of conscript service and the distribution of call-up selectees, expressed in numbers, between the structural units engaged in training of conscripts established by a regulation on the basis of subsection 3 of § 37 of the Military Service Act before the declaration of increased defence readiness or mobilisation shall be decided by the minister in charge of the policy sector.

 (5) During increased defence readiness the minister in charge of the policy sector may establish by a regulation additionally, where necessary, the terms of entering conscript service of call-up selectees, the duration of conscript service and the distribution of call-up selectees, expressed in numbers, between the structural units engaged in training of conscripts at the latest 180 days before the term for entering into conscript service.

 (6) During increased defence readiness a call-up selectee shall be notified of the resolution of the Defence Resources Agency on the additional call-up for conscript service, the term of entering into conscript service and the conscript service unit and the duration of conscript service pursuant to subsection 5 of this section at the latest 120 days before the term for entering into conscript service.

 (7) In case a resolution has been made about the term and place of service of entering into conscript service or alternative service with regard to a call-up selectee before the suspension of entering into conscript service, his or her entering into conscript service or alternative service shall be postponed by the duration of increased defence readiness or a state of war but not for longer than attaining 28 years of age of a person.

 (8) The Defence Resources Agency shall make a decision about the new term for entering into conscript service or alternative service and the place of service and shall notify the call-up selectee thereof.

§ 61.  Working and rest time and holidays of serviceman

 (1) In the case of increase of defence readiness and mobilisation the Commander of the Defence Forces shall have the right to interrupt the holidays of a serviceman and call him or her to resume the performance of his or her tasks.

 (2) The declaration of a state of war shall interrupt the holidays of all the servicemen and the servicemen are required to report immediately at the location of the wartime post or at another location he or she has been notified of.

 (3) The increase of defence readiness and declaration of a state of war and mobilisation do not interrupt a maternity leave, paternity leave, adoptive parents leave or parental leave.
[RT I, 26.10.2018, 1 – entry into force 01.04.2022]

 (4) The organisation of work of an active serviceman who is performing the tasks of a wartime post and the procedure for working and rest time shall be established by the Commander of the Defence Forces.

 (5) An active serviceman shall be ensured reasonable rest time during the service.

 (6) The period of performing the tasks of a wartime post shall not be calculated into the period which is a basis for the right of granting the annual holidays of the peacetime post of an active serviceman.

§ 62.  Service-related guarantees

 (1) The Defence Forces shall guarantee catering, personal equipment, accommodation and medical aid to an active serviceman who is performing the tasks of a wartime post during a state of war, mobilisation and demobilisation, taking account of the location, nature, duration and other conditions of the performance of the service tasks.

 (2) The Defence Forces shall guarantee medical aid to an active serviceman who is performing the tasks of a peacetime post during a state of war, mobilisation and demobilisation, taking account of the location, nature, duration and other conditions of the performance of the service tasks.

 (3) A person in alternative service shall be guaranteed during a state of war, mobilisation and demobilisation, where necessary, health care services, medical equipment and medicines on the basis of the Health Insurance Act.

 (4) The burial of a serviceman who died due to the performance of service tasks during a state of war, mobilisation and demobilisation shall be organised by the Defence Forces.

 (5) After a state of war has been declared ended or termination of demobilisation the guarantees specified in §§ 111–112, §§ 193–196 and §§ 198–201 of the Military Service Act shall be guaranteed in correspondence with the existence of state funds and other facts.

 (6) The guarantees to family members of a serviceman, person in alternative service, person released from military service and a serviceman who died or has received permanent health damage due to the performance of service tasks, limits or extent of guarantees and the procedure for payment of guarantees after a state of war has been declared ended or demobilisation ordered shall be established by an order of the Government of the Republic.

§ 621.  Processing of personal data upon organization of military service

 (1) In order to perform the functions provided for in this Chapter, the relevant authority may process the personal data of a person liable to national defence obligation, a serviceman, a person applying for national defence obligation, a person volunteering to military service, including special categories of personal data.

 (2) The processing of personal data is based on the provisions of the Military Service Act.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

Division 2 Conscript service and alternative service 

§ 63.  Continuation of conscript service

 (1) During increased defence readiness, mobilisation and demobilisation the conscripts shall continue conscript service until they are released therefrom.

 (2) During increased defence readiness, mobilisation and demobilisation the duration of the conscript service established on the basis of subsection 2 of § 46 of the Military Service Act may be extended in the interests of national defence up to 12 months if a shorter duration of conscript service has been established previously.

 (3) During increased defence readiness, mobilisation and demobilisation the duration of conscript service may be reduced or conscript service may be terminated in the interests of national defence.

 (4) During increased defence readiness, mobilisation and demobilisation the extension of the duration of conscript service, reduction of conscript service or termination of conscript service shall be decided by an order of the Government of the Republic.

§ 64.  Termination of conscript service during state of war

 (1) After the declaration of a state of war the conscript service of a conscript is deemed terminated and the conscript shall be appointed within three working days to a wartime post or released from military service. The conscript appointed to a wartime post shall be considered an active serviceman.

 (2) The Defence Forces shall notify the Defence Resources Agency of the release of the conscript or appointment to a wartime post.

§ 65.  Continuation of alternative service

 (1) During increased defence readiness, a state of war, mobilisation and demobilisation alternative service is organised pursuant to the requirements established with regard to alternative service in the Military Service Act unless otherwise provided for in this Act.

 (2) A person in alternative service serving in alternative service during increased defence readiness, a state of war, mobilisation and demobilisation shall continue service at the place of service of a person in alternative service until the release from alternative service.

 (3) During increased defence readiness, a state of war, mobilisation or demobilisation the duration of alternative service may be reduced or alternative service terminated.

 (4) During increased defence readiness, a state of war, mobilisation or demobilisation the reduction of alternative service or termination thereof shall be decided by an order of the Government of the Republic.

 (5) If the activities of the place of service of a person in alternative service are suspended or terminated during increased defence readiness, a state of war, mobilisation or demobilisation, the person in alternative service is required to immediately notify thereof the Defence Resources Agency, who shall appoint a new place of service.

 (6) The Defence Resources Agency shall have the right to change the place of service of a person in alternative service during increased defence readiness and during a state of war.

Division 3 Reserve service 

§ 66.  Call-up for reservist training

 (1) During increased defence readiness, mobilisation and demobilisation the holding of a reservist training established on the basis of subsection 3 of § 73 of the Military Service Act shall be decided by the Commander of the Defence Forces.

 (2) A person in reserve who has received a call-up notice for participation in the reservist training before the declaration of increased defence readiness, mobilisation or demobilisation shall be notified of the cancellation of the reservist training in one manner of calling-up to an additional reservist training provided for in this Act.

 (3) During a state of war persons in reserve shall not be invited to the reservist training.

 (4) A person in reserve who has received a call-up notice to the reservist training before a state of war has been declared is not required during a state of war to report at the place of the reservist training at the time set out in the call-up notice and the call-up notice shall be invalid as of the beginning of the state of war.

§ 67.  Specifications of terminating reservist training

  During increased defence readiness and mobilisation the Commander of the Defence Forces may decide on the release from reserve service of a reservist before the termination of the reservist training.

§ 68.  Organisation of additional reservist training

 (1) Additional reservist trainings may be organised for persons in reserve for checking the mobilisation readiness.

 (2) The number of reservists participating in an additional reservist training and the duration of the additional reservist training shall be established by an order of the Government of the Republic.

 (3) The participation in an additional reservist training shall be deemed reserve service.

 (4) Active servicemen who take up tasks of a wartime post during the additional reservist training shall be appointed by the Commander of the Defence Forces.

 (5) The period of additional reservist training shall not be included in the duration of the reservist trainings provided for in subsection 1 of § 69 and subsection 1 of § 73 of the Military Service Act and upon the call-up for participation in the additional reservist training the term provided for in subsection 2 of § 73 of the Military Service Act shall not be taken account of.

 (6) The duration of an additional reservist training is up to 60 days.

 (7) The Defence Forces may involve the Defence League in the organisation of an additional reservist training.

§ 69.  Call-up for additional reservist training

 (1) A person in reserve shall be notified of the call-up for participation in an additional reservist training in one of the following ways:
 1) a call-up notice shall be handed over against signature, delivered by mail or electronically;
 2) the notice is published in at least one of the national newspapers;
 3) the notice is broadcast in television and radio programmes for at least three times between 7.00 and 22.00, leaving an interval of at least one hour between each broadcast;
 4) the notification is disclosed on the Internet.

 (2) Upon publication of the notice in a newspaper, on television and radio programmes and on the Internet only the name may be indicated of a unit for the posts of military rank on the staff of which the persons in reserve with regard to whom the call up for additional reservist training is valid have been appointed.

 (3) Upon forwarding the call-up notice for additional reservist training in a manner specified in subsection 1 of this section the notice is deemed to have been delivered to a person in reserve.

§ 70.  Release from additional reservist training

 (1) The following persons in reserve are released from obligation to participate in additional reservist training:
 1) a person who is employed in a post or place of employment with national defence work obligation;
 2) a person who is under custody;
 3) a person who is serving the sentence of imprisonment;
 4) a person who is not able to participate in the additional reservist training due to his state of health on the basis of the decision of the doctor appointed by the commander of a structural unit authorised by the Commander of the Defence Forces.

 (2) The Commander of the Defence Forces or a commander authorised thereby may release a natural person who is engaged in producing agricultural products, except for fishery products, listed in Appendix I to the Treaty on the Functioning of the European Union, from the participation in an additional reservist training taking place within the period from 1 April to 1 October if:
 1) there is an obvious need for the person to participate in agricultural work in Estonia during the period of the additional reservist training and
 2) the participation in additional reservist training may endanger the continuation of the agricultural production of the person.

 (3) If a person in reserve who is called up for an additional reservist training is detained or is under arrest, he or she is required to report to the Defence Forces immediately after release from detention or arrest.

§ 71.  Guarantees of reservist during additional reservist training

 (1) A reservist who is participating in an additional reservist training shall be paid allowance for the period of additional reservist training to the extent provided for in the regulation of the Government of the Republic established on the basis of subsection 6 of § 80 of the Military Service Act.

 (2) A reservist who is participating in an additional reservist training shall be guaranteed free transportation, accommodation and catering.

 (3) A person in reserve who has participated in an additional reservist training shall be reimbursed travel expenses in the procedure established on the basis of subsection 2 of § 80 of the Military Service Act.

§ 72.  Termination of additional reservist training

 (1) Participation in an additional reservist training shall terminate:
 1) upon termination of the additional reservist training;
 2) if a reservist is not able to participate in the additional reservist training due to his state of health on the basis of the decision of the doctor appointed by the commander of a structural unit authorised by the Commander of the Defence Forces;
 3) upon the death of a reservist;
 4) if a reservist is declared missing;
 5) if a court judgment enters into force sentencing a reservist to imprisonment.

 (2) Upon the death of a reservist the participation in the additional reservist training is deemed to have terminated as of the day following the death thereof.

 (3) In the case a reservist has been declared missing, when the Police and Border Guard Board have not been able of to establish his or her location within 12 months, the participation in the additional reservist training is deemed to have terminated as of the day when the Police and Border Guard Board was notified of the person missing.

Division 4 Active service 

§ 73.  Acceptance of person liable to national defence obligation for performance of tasks of wartime post

 (1) During a state of war and mobilisation a person liable to national defence obligation shall be accepted for performance of tasks of a wartime post if he is a person who:
 1) has full active legal capacity;
 2) is proficient in the Estonian language as mother tongue or at least at proficiency Level B1;
 3) has graduated from the second stage of the basic school;
 4) complies with the health requirements of an active serviceman for the performance of service tasks;
 5) has the required skills and training;
 6) is at least 18 years of age.

 (2) A person liable to national defence obligation accepted for the performance of the tasks of a wartime post on the basis of subsection 1 of this section shall be considered, upon commencement of the post, accepted for active service for an unspecified period.

 (3) The procedure for acceptance of a person liable to national defence obligation for the performance of the tasks of wartime post shall be established by the Commander of the Defence Forces.

§ 74.  Acceptance of person not liable to national defence obligation for performance of tasks of wartime post

 (1) During a state of war and mobilisation an active member of the Defence League who is not liable to national defence obligation, has previously been appointed to a wartime post in the procedure provided for in the Defence League Act, is in compliance with the requirements provided for in subsection 1 of § 73 of this Act and has not attained the retirement age provided for in the State Pension Insurance Act, may be accepted for active service for an unspecified term on the basis of a written application.

 (2) During a state of war and mobilisation a person who is in compliance with the requirements provided for in clauses 1 and 3–6 of subsection 1 of § 73 of this Act and has not attained the retirement age provided for in the State Pension Insurance Act may be accepted for active service for an unspecified term on the basis of a written application.

 (3) During active service the same rights and liabilities of an active serviceman liable to national defence obligation shall be extended to a person not liable to national defence obligation accepted for active service on the basis of subsections 1 and 2 of this section. The Defence Forces shall notify the Defence Resources Agency of the acceptance for active service of a person not liable to national defence obligation.

 (4) The data of the person who is deemed accepted for active service on the basis of subsections 1 and 2 of this section shall be entered in the national defence obligation register as the data of a person applying for the national defence obligation.

 (5) Upon failure to be accepted for active service or release from active service the data of the person specified in subsections 1 and 2 of this section shall be deleted from the national defence obligation register.

§ 75.  Referral and secondment

 (1) During increased defence readiness, a state of war and mobilisation the Commander of the Defence Forces or a commander authorised thereby shall have the right to decide on the termination of secondment and referral of an active serviceman sent on secondment on the basis of §§ 114–117 and referred on the basis of subsection 2 of § 119 of the Military Service Act and termination of suspension of active service relationship suspended on the basis of clauses 3, 4 and 6–8 of subsection 1 of § 131 of the Military Service Act.

 (2) The Commander of the Defence Forces shall establish the procedure for reimbursement of the expenses related to secondment and referral of an active serviceman who is performing the tasks of a wartime post if the active serviceman is sent:
 1) on secondment to a foreign state for a short period;
 2) on secondment to a foreign state for the performance of state functions for longer than six months.

 (3) Daily allowance shall not be paid upon the sending on secondment of an active serviceman who is performing the tasks of a wartime post.

§ 76.  Restrictions on service

 (1) An active serviceman who has commenced the performance of tasks of a wartime post:
 1) may not disseminate political views;
 2) may not participate in the activities of a political party;
 3) may not be employed at other post or place of employment outside the performance of service tasks;
 4) shall follow the provisions of the Anti-Corruption Act upon the making of an act, decision or transaction;
 5) may not go on strike or participate in other pressure activities which may disturb the organisation of the military part of national defence.

 (2) A person who has commenced the performance of tasks of a wartime post shall have the right to refuse to perform work outside military service. The right to exercise public authority of a person in civil service shall suspend for the period of the performance of tasks of a wartime post.

§ 77.  Salary arrangement of active serviceman

 (1) The salary scale of an active serviceman who has commenced the performance of tasks of a wartime post and the amount of the basic salary of the wartime post of the Commander of the Defence Forces shall be established by a regulation of the minister in charge of the policy sector.

 (2) The conditions and procedure for payment of salary shall be established by the Commander of the Defence Forces.

§ 78.  Termination of active service

 (1) The active service relationship of an active serviceman who has commenced performance of tasks of a wartime post shall terminate:
 1) upon death;
 2) upon becoming a member of the Riigikogu, the European Parliament and the Government of the Republic;
 3) if he or she does not comply with the health requirements for the performance of service tasks of an active serviceman on the basis of the decision of the medical commission of the Defence Forces;
 4) on the proposal of the Defence Forces;
 5) upon being declared missing;
 6) upon entering into force of a judgment of conviction sentencing the person to punishment which precludes continuation in active service;
 7) upon attaining the retirement age.

 (2) Upon termination of active service an active serviceman who is performing tasks of a wartime post shall be released from active service by the Commander of the Defence Forces or a commander authorised thereby.

 (3) In addition to the provisions of subsection 1 of this section an active serviceman who has been appointed to a peacetime post by the Government of the Republic or a minister in charge of the policy sector may be released from the wartime post on the proposal of the Government of the Republic or the minister in charge of the policy sector.
[RT I, 29.05.2018, 1 – entry into force 01.07.2018]

 (4) The release from peacetime post of an active serviceman appointed to the peacetime post by the Government of the Republic or the minister in charge of the policy sector shall enter into force on the date of the release from the wartime post.
[RT I, 29.05.2018, 1 – entry into force 01.07.2018]

 (5) Upon the release from active service of an active serviceman who has performed the duties of wartime post during a state of war and mobilisation the Defence Forces shall make the final payment at the latest on the day of the release from active service.

 (6) Upon acceptance for active service of a call-up selectee during a state of war and mobilisation he shall not be called up for conscript service after the release from active service and his conscript service is deemed to have terminated in the procedure provided for in the Military Service Act.

§ 79.  Application of disciplinary penalty

 (1) During a state of war an active serviceman who is performing the tasks of a wartime post may be applied all the disciplinary penalties provided for in subsection 2 of § 168 of the Military Service Act.

 (2) A commander with the authority to impose a disciplinary penalty may exclude an active serviceman from a wartime post for the period of disciplinary proceedings, transferring him or her temporarily to another wartime post or releasing him or her from the performance of tasks.

 (3) An active serviceman who is temporarily transferred to another wartime post shall be retained his or her current basic salary for the period of disciplinary proceedings.

 (4) If an active serviceman is a suspect or accused of an offence provided for in Chapter 15, Subchapter 2 of Chapter 17 or §§ 435 or 447 of the Penal Code for which at least a five years' imprisonment is prescribed in the Penal Code, the unit commander of the wartime post may transfer the active serviceman to another wartime post, retaining the current salary.

 (5) If it is impossible to transfer an active serviceman to another wartime post, he or she may be imposed tasks outside the post and exclude partially or fully from the performance of tasks arising from the post.

§ 80.  Military service after state of war has been declared ended or demobilisation ordered

 (1) An active serviceman who commenced duties of a wartime post during a state of war and mobilisation shall be released from active service on the proposal of the Defence Forces after a state of war has been declared ended or during demobilisation, notifying the person thereof at least 14 days in advance.

 (2) A person who was in active service before the declaration of a state of war and ordering mobilisation shall continue in a peacetime post appointed by the Commander of the Defence Forces or a commander authorised thereby. In the absence of ta suitable peacetime post the person shall be released from active service on the proposal of the Defence Forces.

 (3) A person accepted for active service as a volunteer during a state of war and mobilisation shall be released from active service on the proposal of the Defence Forces, notifying the person thereof at least 14 days in advance.

 (4) Upon termination of a state of war or during demobilisation an active serviceman accepted for active service during a state of war and mobilisation may be accepted for a peacetime post in active service on the agreement between the parties for up to five years if the person complies with the requirements of acceptance for active service provided for in § 83 of the Military Service Act and the requirements for the peacetime post provided for in § 92 of the Military Service Act, except for the education and military training required in the peacetime post.

 (5) An active serviceman who has been accepted for active service for an unspecified term on the basis of subsection 4 of this section is required to bring his or her education and military training into compliance with the requirements for a peacetime post within the term of active service as from the appointment to a peacetime post.

 (6) In the case of a failure to acquire the education or military training required in the peacetime post the service relationship of an active serviceman shall terminate after the expiry of the term of active service specified in subsection 4 of this section.

 (7) A person shall be released from active service without compensation.

Division 5 Call-up for military service during mobilisation 

§ 81.  Notification of mobilisation order and obligation to report at place of assembly

 (1) A person liable to national defence obligation at the age of 18 years and older and an active member of the Defence League not liable to national defence obligation who is appointed to a wartime post are required to commence performance of tasks of a wartime post by the mobilization order. An active serviceman and a conscript are required to commence performance of tasks of a wartime post by a decision of the Commander of the Defence Forces. The decision of the Commander of the Defence Forces is deemed to be equivalent to the mobilisation order.

 (2) The mobilisation order shall be announced in the procedure provided for in subsection 1 of § 69 of this Act. An active serviceman and a conscript shall be notified of the decision of the Commander of the Defence Forces orally or in a form which can be reproduced in writing.

 (3) After the receipt of the mobilisation order a person liable to national defence obligation and an active member of the Defence League not liable to national defence obligation, who is appointed to a wartime post, shall report at the place of assembly which he has been notified of on the date prescribed in the order.

 (4) Upon reporting at the place of assembly a person liable to national defence and an active member of the Defence League not liable to national defence obligation, who is appointed to a wartime post, shall have with him all the objects and documents that he has been notified of.

 (5) The list of objects and documents to be taken along upon reporting at the place of assembly during mobilisation shall be established by a regulation of the minister in charge of the policy sector.

 (6) A person liable to national defence obligation who is staying abroad and an active member of the Defence League not liable to national defence obligation, who is appointed to a wartime post, is required to report at the place of assembly in Estonia on the date prescribed in the mobilisation order or immediately contact the closest foreign mission of the Republic of Estonia.

 (7) A person who has contacted the foreign mission of the Republic of Estonia is required to report by the order thereof at the foreign mission or at another location appointed by the foreign mission.

§ 82.  Failure to report at place of assembly

 (1) Upon a failure to report at the place of assembly after receiving the mobilisation order a person liable to national defence obligation and an active member of the Defence League not liable to national defence obligation, who is appointed to a wartime post, are required to immediately notify the Defence Forces or, in the case of staying abroad, a foreign mission of the Republic of Estonia of the reasons which prevent him or her report at the place of assembly or a foreign mission of the Republic of Estonia or other place appointed by the foreign mission.

 (2) An obstacle justifying a failure of a person liable to national defence obligation and an active member of the Defence League not liable to national defence obligation, who is appointed to a wartime post, to report at the place of assembly or a foreign mission of the Republic of Estonia or other place appointed by the foreign mission is deemed to be if he or she:
 1) has a severe illness which makes it impossible to report at the place of assembly;
 2) is employed in a post or workplace with national defence work obligation;
 3) is held in custody;
 4) serving a sentence of imprisonment;
 5) lacks the possibility to use a means of transport in the case of staying abroad.

 (3) A person liable to national defence obligation and an active member of the Defence League not liable to national defence obligation appointed to a wartime post, who has received mobilisation order but has a justified obstacle for failure to report at the place of assembly or a foreign mission of the Republic of Estonia or other place appointed by the foreign mission provided for in subsection 2 of this section is required to notify the Defence Forces or the foreign mission thereof in writing. Notification of a failure to report is not required in the case provided for in clause 1 of subsection 2 of this section if the illness does not allow notifying and in the case provided for in clause 3 and 4 of subsection 2 of this section.

 (4) A person who fails to submit the notification provided for in subsection 3 of this section shall be deemed a person in default of reporting at place of assembly.

 (5) If the circumstances provided for in subsection 2 of this section cease to exist, a person liable to national defence obligation is required to report immediately at the Defence Forces.

 (6) If the circumstances provided for in subsection 2 of this section cease to exist, a person liable to national defence obligation and an active member of the Defence League not liable to national defence obligation, appointed to a wartime post, who have received the mobilisation order, are required to notify immediately the foreign mission of the Republic of Estonia and are required to report at the foreign mission or other place appointed by the foreign mission by the order of the foreign mission.

 (7) The Defence Forces or a foreign mission of the Republic of Estonia shall consider a failure to report at the place of assembly or a foreign mission of the Republic of Estonia or other place appointed by the foreign mission of a person liable to national defence obligation and an active member of the Defence League not liable to national defence obligation, appointed to a wartime post, to be grounded or ungrounded on the basis of evidence submitted by him or her.

Subchapter 3 Duty to grant use of thing and expropriation of thing 
[RT I, 10.03.2022, 1 - entry into force 21.03.2022]

§ 821.  Imposition of duty to grant use and expropriation of thing

 (1) During increased defence readiness, a state of war, mobilization or demobilization, the Defence Forces, the Centre for Defence Investment and an authority of executive power authorized by the Government of the Republic may temporarily take into use of an authority of executive power a thing in the possession of a person if it is indispensable for the organization of increased defence readiness, mobilization or demobilization or handling of a state of war, including for the support of the performance of national defence tasks, the organization of additional reservist trainings or the participation in the international military co-operation provided for in clauses 1 and 3 of subsection 1 of § 29 of this Act.
[RT I, 09.08.2022, 2 – entry into force 01.09.2022]

 (2) The Defence Forces, the Centre for Defence Investment and an authority of executive power authorized by the Government of the Republic may expropriate a thing to be taken into use on the basis of subsection 1 of this section where the thing is likely to be destroyed in the course of use or cannot be returned to the person after use for any other objective reason.
[RT I, 09.08.2022, 2 – entry into force 01.09.2022]

 (3) The Government of the Republic may decide on the application of the powers provided in subsections 1 and 2 of this section, before a decision to increase defence readiness is made on the basis of subsection 1 of § 13 of this Act, or before the approval of the increased defence readiness provided in subsection 2 of § 13 where it is absolutely necessary for the organization of an additional reservist training or for participation in the international military co-operation provided in clauses 1 and 3 of subsection 1 of § 29.

 (4) In the case provided in subsection 3 of this section it is deemed that, as of the entry into force of a decision of the Government of the Republic to increase defence readiness, the increase of defence readiness is deemed to have already occurred at the time of the issue of an administrative act for the imposition of the duty to grant use or expropriation of a thing. If the Government of the Republic does not make a decision to increase defence readiness or the Riigikogu does not approve it, the damage caused to the person by imposition of the duty to grant use or expropriation of a thing is compensated on the conditions and in accordance with the procedure provided in Chapter 61 of this Act.

 (5) The Defence Forces, the Centre for Defence Investment and an authority of executive power authorized by the Government of the Republic may oblige a person to deliver a thing specified in subsections 1 and 2 of this section to a specified place where there are no other possibilities which are less burdensome for the person to deliver the thing.
[RT I, 09.08.2022, 2 – entry into force 01.09.2022]

 (6) Upon imposition of the obligation provided in subsection 5 of this section, the provisions provided in Chapter 5 Subchapter 11 Division 3 of this Act concerning one-time work obligations and provided in this Subchapter shall be taken into account.

 (7) As of the entry into force of an administrative act for the on the imposition of the duty to grant use of a thing until the expiry thereof, the transfer of the thing is prohibited.

 (8) As of the entry into force of an administrative act of expropriation of a thing, the addressee of the administrative act is prohibited from transferring the thing specified in the administrative act of expropriation.

 (9) Upon imposition of the duty to grant use and expropriation of a thing, the Defence Forces, the Centre for Defence Investment and an authority of executive power authorized by the Government of the Republic may use direct coercion on the bases of and in accordance with the procedure provided in § 902 of this Act.
[RT I, 09.08.2022, 2 – entry into force 01.09.2022]

§ 822.  Restrictions on imposition of duty to grant use and expropriation of thing

 (1) The following are not subject to imposition of the duty to grant use and expropriation:
 1) property of a natural person which is intended to ensure their subsistence, including food necessary for the person and those close to the person and heating material necessary for heating a dwelling for one heating period;
 2) a thing which is indispensable for the performance of the national defence task of another person or authority, including indispensable for the provision of a vital service;
 3) a movable that is necessary for the organization of religious rituals and ceremonies of a religious association;
 4) a thing belonging to a foreign representation or a person working therein;
 5) a thing which is not subject to imposition of the duty to grant use or expropriation on the basis of international agreements or rules of international law.

 (2) The following may be imposed the duty to grant use and expropriated:
 1) a thing or record of cultural value only where it is not possible to satisfy the national defence need in any other manner and, where possible, the destruction of or damage to the cultural property is avoided;
 2) a dwelling used by a person where the person is provided with a replacement dwelling.

 (3) A thing provided in clauses 1–3 of subsection 1 and subsection 2 of this section may be imposed the duty to grant use of or expropriated if there are no other possibilities to maintain military defence capability.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 823.  Preliminary ruling on imposition of duty to grant use and expropriation of thing

 (1) In order to impose the obligation of the duty to grant use of or expropriate a thing, the Centre for Defence Investment may determine by an administrative act things belonging to persons, which may be necessary for the organization of the increased defence readiness, mobilization or demobilization or handling of a state of war, including support for the performance of national defence tasks (hereinafter preliminary ruling).
[RT I, 09.08.2022, 2 – entry into force 01.09.2022]

 (2) The following secondary conditions may be established in a preliminary ruling:
 1) an additional obligation necessary for the performance of the obligation to impose the duty to grant use of or expropriation of a thing, including the maintenance and preservation of the thing, notification of the grant use or transfer of the thing, maintenance of the qualification requirement, implementation of a qualified specialist or other obligation;
 2) the condition for the performance of the obligation to impose the duty to grant use of or expropriate a thing, the procedure for notification of the occurrence of the condition and the obligations of the addressee of the preliminary ruling upon the occurrence of the condition in connection with performance of the obligation.

 (3) A preliminary ruling specifies the addressee of the obligation, the object related to the obligation, the type and content of the obligation and other circumstances related to the performance of the obligation.

 (4) In order to make a preliminary ruling, the Centre for Defence Investment may apply the investigative actions specified in clauses 3–6 and 9–11 of subsection 1 of § 826 of this Act.
[RT I, 09.08.2022, 2 – entry into force 01.09.2022]

§ 824.  Procedure for imposition of duty to grant use and expropriation of thing

 (1) An administrative act on the imposition of the duty to grant use or expropriation of a thing specifies the addressee of the obligation, the object related to the obligation, the type and content of the obligation, the time and place of performance of the obligation and other circumstances related to performance of the obligation.

 (2) Upon failure to determine the owner or possessor of a thing despite reasonable efforts, the obligation specified in this Subchapter may be applied with regard to the thing without identifying the addressee of the administrative act. In such case, the thing is returned and the fair compensation prescribed by this Act is paid to the person who proves their right to the thing.

 (3) Upon termination of the duty to grant use of a thing, the thing is returned to the person who made the thing available for the duty to grant use or to another entitled person.

 (4) If a thing has become unusable, the person may refuse to accept the returned item. Refusal to accept a returned item is made in a form reproducible in writing.

 (5) The transfer and receipt of a thing is formalized in a form reproducible in writing.

 (6) Central accounts concerning the duty to grant use and expropriation of things are kept in the Register of Civil Assets.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

Chapter 51 Specifications of administrative proceedings 
[RT I, 10.03.2022, 1 - entry into force 21.03.2022]

§ 825.  Obligations of person and authority upon conduct of administrative proceedings

  In the administrative proceedings for the application of and supervision over a restrictive measure provided in this Act, a person and an authority have the following obligations:
 1) to immediately submit and notify free of charge or at their own expense the evidence and information in their possession;
 2) to give an explanation as party to the proceedings, a testimony as a witness or an opinion as an expert free of charge or at their own expense;
 3) to ensure access of the administrative authority to the territory, building, room, fenced or marked immovable or movable free of charge or at their own expense;
 4) assist the administrative authority upon examination of the territory, building, room, or movable;
 5) assist the administrative authority upon taking a sample or specimen, performing measurements or upon detaining and restraining an animal belonging thereto;
 6) appear at a time and place determined by the administrative authority for the performance of a procedural act or hearing.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 826.  Powers of administrative authority upon conduct of administrative proceedings

 (1) A person with an obligation specified in § 825 of this Act is required to tolerate the following activities applied by an administrative authority to establish the circumstances necessary for administrative proceedings and to gather evidence (hereinafter investigative activities):
 1) suspension of a person for questioning where there is a reason to believe that the person has information which is important for the conduct of administrative proceedings;
 2) being taken to the office for taking testimony or explanations where there is a reason to believe that the person has information important for the conduct of administrative proceedings;
 3) inquiry and receipt of data from the database of the state, local government or another legal person in public law or a person in private law performing public functions;
 4) identification of a person on the basis of an identity document of a person or by interview;
 5) observation of a movable sensuously or by means of a technical device, including the opening of doors and removal of other obstacles;
 6) recording the situation with a device for recording an image or sound;
 7) taking samples and specimen or performing expert examinations;
 8) taking a movable to a storage;
 9) entry into a territory, building or rooms, including the opening of doors and gates or the removal of other obstacles;
 10) examination of a territory, building or rooms, including examination of a movable located therein and opening of doors and gates or removal of other obstacles;
 11) performance of other procedural acts provided in the Administrative Procedure Act.

 (2) In order to ensure compliance with the obligation specified in § 825 of this Act, an administrative authority has the right to issue a precept to a person or authority and impose a penalty payment on the basis of and in accordance with the procedure provided in the Substitutive Enforcement and Penalty Payment Act. The maximum amount of a penalty payment each time is 9,600 euros with regard to a natural person and 30,000 euros with regard to a legal person.

 (3) In order to ensure compliance with the obligation provided in clauses 3–6 of § 825 of this Act, an administrative authority may apply direct coercion provided in § 902 for as long as it is unavoidable for the achievement of the objective.

 (4) An administrative authority that applies a restrictive measure or exercises supervision may assign the task of gathering evidence and establishing circumstances to another administrative authority that has the same powers in administrative proceedings as an administrative authority applying a restrictive measure or exercising supervision.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 827.  Service of administrative act and other documents

 (1) An administrative act, call-up notice, message or other document is deemed to have been served on a person during the increased defence readiness, a state of war, mobilization or demobilization where it has been done in one of the following ways:
 1) in the manner provided in § 25 of the Administrative Procedure Act;
 2) an administrative act or other document is published on an internet news portal, on another relevant web page or in a relevant computer network;
 3) an administrative act or other document is published in television and radio programme services for at least three times in the period between 7.00 and 22.00 with at least one hour between publication times;
 4) an administrative act or other document is published in at least one national newspaper;
 5) in another manner which ensures the receipt of an administrative act or other document where service is not possible in the manner specified in clauses 1-4 of this subsection.

 (2) During the increased defence readiness, a state of war, mobilization or demobilization, an administrative authority may serve an administrative act, call-up notice, message or other document on a person at any time and at any place.

 (3) If service of an administrative act before the application of a restrictive measure does not allow the achievement of its purpose, the administrative authority may serve the administrative act in the course of or immediately after the application of the restrictive measure, the substitute enforcement thereof or enforcement by the administrative authority.

 (4) In an urgent case, an administrative authority may announce or serve only the conclusion of an administrative act during the increased defence readiness, a state of war, mobilization or demobilization. At the request of the addressee of the administrative act, a third party, the administrative body adjudicating the challenge or the administrative court adjudicating the appeal, the administrative body immediately submits the reasons for the administrative act.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 828.  Restriction of rights of participants in proceedings

 (1) If the application of a restrictive measure is to be decided immediately, a participant in the proceedings is unknown or it concerns an indefinite number of persons or multiple persons whose identification is not possible within a reasonable time and there are grounds to believe that the safeguarding of the rights of the parties to the proceedings does not affect the decision, the administrative authority may:
 1) not notify the participant in the proceeding of the commencement of the proceedings;
 2) restrict the performance of the explanation obligation or replace it with the provision of general information;
 3) restrict the provision of access to documents or file;
 4) restrict the submission of objections or refuse to hear the parties to the proceedings.

 (2) If an administrative authority has restricted the rights of parties to the administrative proceedings in accordance with subsection 1 of this section, the party to the proceedings may submit, within a reasonable time as of becoming aware of the administrative act, the evidence in their possession and to disclose the relevant facts of the case together with the request for renewal of the administrative proceedings.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 829.  Formalization of administrative act

 (1) An administrative act concerning the application of a restrictive measure and a precept specified in subsection 1 of §901 of this Act is issued in writing. In urgent or mass cases, the administrative authority may issue an administrative act orally or in another form during the increased defence readiness, a state of war, mobilization or demobilization. Where possible, the administrative authority records or takes minutes of the administrative act issued orally or in another form, of the content thereof and of the communication thereof to the addressee.

 (2) An administrative authority may draw up an administrative act as an inscription on the request or on another document (hereinafter resolution). The resolution must contain the main content of the decision, the signature, name and official title of the official and the date.

 (3) An administrative act may be formalized as a resolution where at least one of the following circumstances occurs:
 1) the administrative authority satisfies the application of the participant in the proceeding to the full;
 2) the administrative authority adjudicates the matter only on the basis of the information in the application;
 3) the administrative authority terminates the administrative proceedings initiated on its own initiative;
 4) the satisfaction of the application of the person is refused by an administrative act;
 5) in urgent or mass cases provided in subsection 1 of this section.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 8210.  Forwardingof administrative act for information and publication

 (1) Where the application of a restrictive measure brings about an obligation to notify international organizations, the administrative authority forwards the administrative act concerning application of the restrictive measure for information to the authority performing notification obligation.

 (2) An administrative act issued during the increased defence readiness, a state of war, mobilization or demobilization is published in the manner provided in subsection 2 of § 11 of this Act if it is prescribed by an administrative act.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 8211.  Validity of competing obligation during increased defence readiness, state of war, mobilization and demobilization

 (1) Upon the issue of an administrative act, an administrative authority establishes the obligations of the addressee which may prevent the addressee from performing the obligation arising from the administrative act or make it impossible to perform the obligation (hereinafter competing obligation). The addressee is required to notify the administrative authority of any competing obligations.

 (2) Where a competing obligation exists, the administrative authority:
 1) declares a competing obligation invalid;
 2) suspends the performance of a competing obligation;
 3) takes over the performance of a competing obligation;
 4) does not issue an administrative act in the planned form;
 5) eliminates a competing obligation in another manner.

 (3) Where the performance of competing obligations is not legally precluded, but the addressee is unable to perform or is unable to perform the obligations at a specified time, the administrative authority may determine which obligation the addressee is required to perform.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 8212.  Term for submission and review of challenge

 (1) During the increased defence readiness, a state of war, mobilization or demobilization, a challenge concerning an administrative act or measure must be filed with an administrative authority within ten days as of the day on which the person filing the challenge becomes or should become aware of the challenged administrative act or measure.

 (2) During the increased defence readiness, a state of war, mobilization or demobilization, an administrative authority adjudicated a challenge filed against an administrative act or measure within 60 days as of the receipt of the challenge.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

Chapter 52 Processing of personal data and databases 
[RT I, 10.03.2022, 1 - entry into force 21.03.2022]

Subchapter 1 Processing of personal data 
[RT I, 10.03.2022, 1 - entry into force 21.03.2022]

§ 8213.  Processing of personal data

 (1) An administrative authority applying a restrictive measure may process personal data, including the given name and surname, personal identification code and contact information of a person, for the purpose of applying a restrictive measure and supervising provided in this Act and for performing other acts necessary for organizing the increased defence readiness, mobilization or demobilization or handling a state of war.

 (2) The authority specified in subsection 1 of this section may process health data, biometric data used for unique identification of a person and personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership where this is indispensable for the performance of the acts specified in subsection 1.

 (3) The specifications of processing of personal data provided in subsections 1 and 2 of this section may only be used until the need for processing ceases to exist, but not longer than until the end of the increased defence readiness, a state of war, mobilization or demobilization.

 (4) Upon making a preliminary ruling on the application of the imposition of the duty to grant use and expropriation of a thing and application thereof, an administrative authority may process the personal data of the owner and possessor of the property subject to the imposition of the duty to grant use and expropriation of a thing.

 (5) An administrative authority applying a restrictive measure may, in the course of the processing of information during participation in the organization of the increased defence readiness, mobilization or demobilization or handling of a state of war, restrict the following rights of a data subject upon processing data:
 1) to be informed of the automated or non-automated processing of his or her personal data, including which personal data are processed, as well as the purpose of the processing, legal basis, extent and reason;
 2) to be informed of the recipients of his or her personal data and the categories of personal data to be disclosed and information on whether his or her personal data are transferred to a third state or an international organization;
 3) to be informed of the technical and organizational protection measures and restrictions on access;
 4) to examine personal data collected and processed;
 5) to demand that the processing of his or her personal data be restricted;
 6) to demand the transfer of his or her personal data;
 7) to be informed of any personal data breach.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

Subchapter 2 Databases 
[RT I, 10.03.2022, 1 - entry into force 21.03.2022]

§ 8214.  Register of civil assets

 (1) The register of civil assets is a database in which accounts are kept over the resources necessary for national defence, the provision of host-nation support, the civil-military cooperation and the resources necessary for handling of the increased defence readiness, emergency situation, a state of war and other events and over the data necessary for the use of the resources, over the providers of vital services, employers holding national defence posts or employment, the imposition of the duty to grant use and expropriation of a thing.

 (2) Personal data is processed in the register of civil assets.

 (3) The controller of the register of civil assets is the Centre for Defence Investment.
[RT I, 09.08.2022, 2 – entry into force 01.09.2022]

 (4) The statutes of the register of civil assets are established by a regulation of the Government of the Republic.

 (5) The statutes of the register of civil assets sets out, among other, the more specific composition of data, data providers, access to the data and the procedure for release of data, terms of storage and other organizational matters.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 8215.  Mobilization register

 (1) The mobilization register is a database in which accounts are kept over the filling of wartime posts and the material resources used for the military defence of the state.

 (2) The database contains:
 1) data on a wartime unit;
 2) data on a wartime post and a person appointed thereto;
 3) data on the supply of a wartime unit.

 (3) Personal data, including special categories of personal data, are processed in the mobilization register.

 (4) The controller of the mobilization register is the Ministry of Defence.

 (5) The statutes of the mobilization register are established by a regulation of the minister responsible for the preparation and organization of mobilization.

 (6) The statutes of the mobilization register set out, among other, the more specific composition of the data, data providers, access to the data, the procedure for the release of data and terms for storage thereof and other organizational matters.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

Chapter 6 National defence object and protection thereof 

§ 83.  National defence object

 (1) A national defence object may be land, building or device the attacking, seizure, damage or destruction of which may pose a threat to national security or increased threat to public order and the realisation of the threat may hinder the normal functioning of the state, disturb the organisation of military part of national defence, the ensuring of internal security or the capacity of consistent functioning of a vital service or cause the destruction of national cultural heritage.

 (2) National defence objects are divided on the basis of the type of the object into the following categories:
 1) a national defence object in the use of a public authority;
 2) a national defence object related to the provision of a vital service;
 3) a national defence object essential for ensuring public order, including an object the damaging or destruction of which shall cause a threat to the life and health of people, damage to national cultural heritage and the security of the society.
 4) a national defence object related to the operation of the military part of national defence, including a construction work that serves national defence purposes within the meaning of the Building Act;
 5) a national defence object in the use of a security authority, including a construction work of a security authority within the meaning of the Building Act;
 6) a national defence object related to ensuring internal security.

 (3) Upon designation of land, construction work or device as a national defence object its category shall also be indicated.

§ 84.  Designation as permanent and temporary national defence object

 (1) National defence objects are divided into permanent and temporary national defence objects.

 (2) Land, construction work or device shall be designated as a permanent national defence object and its being a national defence object shall be terminated by a regulation of the Government of the Republic.

 (3) Land, construction work or device shall be designated as a temporary national defence object by the minister in charge of the internal security policy sector.

 (4) Land, construction work or device related to the functioning of the military part of national defence or used by a security authority in the area of government of the Estonian Ministry of Defence shall be designated as a temporary national defence object by the minister in charge of the national defence policy sector.

 (5) Land, construction work or device may be designated as temporary national defence object for the following terms:
 1) for up to 60 days during the general defence readiness;
 2) for up to 180 days during increased defence readiness, a state of emergency and a state of war.

 (6) After the expiry of the term specified in subsection 5 of this section land, construction work or device cease being a national defence object unless designated as permanent national defence object during the term.

 (7) Land, construction work or device may be designated as temporary national defence object for the following purposes:
 1) in order to find out if it is necessary to designate it as a national defence object;
 2) in order to protect thereof exceptionally if other protective measures have been exhausted or application of other protective measures would be unreasonably cumbersome compared to the objective set.

§ 85.  Organisation of protection of national defence object

 (1) For preparation of the protection of a national defence object the following is laid down:
 1) risk analysis which describes potential attacks to a national defence object and other threats, the probability of realisation thereof and consequences;
 2) the security plan stating the measures implemented on the object on the basis of the risk analysis for the prevention and hindering of the potential attack and mitigation of the consequences thereof.

 (2) Security exercises are conducted for the assessment of the functioning of the security plan.

 (3) Minimum measures of physical protection, including guard, shall be implemented to ensure the initial physical protection of the national defence object.

 (4) Additional security measures are implemented on the basis of the danger level and security plan to ensure the additional defence of the national defence object.

 (5) The requirements and specifications of risk analysis, drawing up security plan, organisation of security trainings and implementation of minimum measures of physical protection and additional security measures which are based on the category or features of a national defence object shall be prescribed in the procedure for protection of the national defence object.

§ 86.  Guard and protection of national defence object

 (1) The guarding of the national defence object is organised by the possessor of the national defence object.

 (2) The police guarding is implemented on a national defence object if the national defence object is included in the list of objects guarded by the police established by a regulation of the Government of the Republic on the basis of the Police and Border Guard Board Act,.

 (3) The Defence Forces guarding is implemented on a national defence object if the national defence object has been designated as the restricted military area of the Defence Forces.

 (4) The Defence League guarding may be implemented on a national defence object in the procedure provided for in the Estonian Defence League Act.

 (5) The Defence Forces and the Defence League may be involved in the protection of a national defence object on the bases and in the procedure provided for in §§ 161 and 162 of the Law Enforcement Act.

§ 87.  Procedure of national defence object guard

 (1) The procedure for the protection of a national defence object shall be established by a regulation of the Government of the Republic.

 (2) The procedure for the protection of the national defence object provides for:
 1) the procedure for assignment of land, construction work or device as a national defence object;
 2) obligations of the possessor and tasks of the government authorities upon organisation of the protection of the national defence object;
 3) the procedure for drawing up risk analysis and security plan for the national defence object;
 4) procedure for the conduct of security trainings on the national defence object;
 5) minimum measures of physical protection of the national defence object, additional security measures and risk levels of the object and the procedure for amendment thereof;
 51) the requirements for the processing of personal data upon application of the safeguards of a national defence object;
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]
 6) where necessary, other requirements for application of safeguards on national defence object.

Chapter 61 Specifications of state liability 
[RT I, 10.03.2022, 1 - entry into force 21.03.2022]

§ 871.  Principles of state responsibility during increased defence readiness, state of war, mobilization and demobilization

 (1) The damage caused during increased defence readiness, a state of war, mobilization or demobilization is compensated on the conditions and in accordance with the procedure provided in this Act and on the basis thereof.

 (2) Damage is not compensated where the payment of fair compensation or social security is prescribed by law, or where the compensation for damage is precluded by this Act.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 872.  Compensation for damage caused during increased defence readiness, state of war, mobilization and demobilization

 (1) A person has the right to demand compensation for damage unlawfully caused thereto during increased defence readiness, a state of war, mobilization or demobilization by an administrative authority or a person performing a one-time work obligation or another person involved on the basis of law during increased defence readiness, a state of war, mobilization or demobilization or elimination of the consequences instead.

 (2) The damage lawfully caused during increased defence readiness, a state of war, mobilization or demobilization is not compensated.

 (3) A person required to compensate for the damage specified in subsection 4 of this section may, regardless of the will of the injured person, eliminate the unlawful consequences caused by an administrative act or measures performed during increased defence readiness, a state of war, mobilization or demobilization.

 (4) A person required to compensate for damage compensates the damage to the injured party. The person required to compensate for damage is determined in accordance with the procedure provided in § 12 of the State Liability Act. Where the damage was caused by a natural person who performed a one-time work obligation, the damage is compensated for by the public authority that imposed the one-time work obligation.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 873.  Damage to be compensated

 (1) Direct proprietary damage caused to a person unlawfully is compensated for on the basis of subsection 1 of § 872 of this Act. Proprietary damage is compensated for in cash.

 (2) Where a person loses income, due to a restrictive measure unlawfully applied to the person, which the person would have probably received despite the circumstances during increased defence readiness, mobilization or demobilization, and failure to compensate it would be exceptionally unfair to the person, the person may demand compensation for damage. Loss of income incurred during a state of war is not compensated.

 (3) A person may demand compensation for non-proprietary damage in the event of the death unlawfully caused to a person, injury to a person, damage to health, torture, cruel or degrading treatment or unlawful deprivation of liberty during increased defence readiness, a state of war, mobilization or demobilization. Compensation for non-proprietary damage may also be claimed by those closely related to the person in the case provided in subsection 3 of § 134 of the Law of Obligations Act.

 (4) Damage is not compensated where the damage can be expected to be suffered by the person as part of a general civic duty.

 (5) The amount of compensation is determined in accordance with § 13 of the State Liability Act.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 874.  Procedure for compensation for damage

 (1) An application for compensation for or elimination of consequences of damage caused during increased defence readiness, a state of war, mobilization or demobilization may be submitted to the administrative authority that caused the damage within three years as of the day on which the person became or should have become aware of the damage.

 (2) Where damage was caused by a natural person who performed a one-time work obligation or a legal person who performed a public administration task under the authority of an administrative authority, an application is submitted to the administrative authority that imposed a one-time work obligation or authorized the performance of a public administration task.

 (3) An administrative authority adjudicates the application for compensation for damage or elimination of the consequences of damage caused during increased defence readiness, a state of war, mobilization or demobilization within one year as of the receipt of the application.

 (4) The more detailed conditions and procedure for compensation for damage caused during increased defence readiness, a state of war, mobilization and demobilization is established by a regulation of the Government of the Republic.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 875.  Compensation for damage caused during international military cooperation

 (1) Damage caused in the course of international military cooperation is compensated on the conditions and in accordance with the procedure provided in an international agreement. The State Liability Act is applied upon compensation for damage unless it is in conflict with an international agreement ratified by the Riigikogu.

 (2) Compensation for damage caused in the course of international military co-operation is decided by the Defence Forces unless otherwise provided by law or an international agreement.

 (3) The Defence Forces may, on the basis of an international agreement or a professional international agreement or where it is necessary in the interests of the foreign relations of the state and international military co-operation, compensate for damage for which the Estonian state is not liable.

 (4) The procedure for processing a claim for compensation for damage caused in international military co-operation, for compensation for damage and waiver of compensation is established by a regulation of the Government of the Republic.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 876.  Payment of fair compensation

 (1) A person is paid fair compensation (hereinafter fair compensation) for a one-time work obligation, performance of a one-time national defence task and for the imposition of the duty to grant use or expropriation of a thing belonging to a person during increased defence readiness, a state of war, mobilization or demobilization (hereinafter fair compensation).

 (2) A person is paid fair compensation on the basis of this Act for the imposition of the duty to grant use or expropriation of a thing for the purpose of law enforcement during a state of war.

 (3) Fair compensation is not paid in cash unless otherwise provided in this Act or legislation issued on the basis thereof. Instead of fair compensation, a person may be granted other support or assistance where other support or assistance would ensure a better subsistence for the person, or compensate for the damage to the person's interests in another more appropriate manner.

 (4) A person is compensated for the performance of a one-time work obligation to a fair extent. A person is not paid fair compensation to the extent in which the employer maintains the current remuneration of the person for the period of performance of the work obligation.

 (5) A person is compensated for direct costs incurred upon the performance of a one-time national defence task to a fair extent. A person is not compensated for the incurred expenses to the extent in which a person with a one-time national defence task can receive compensation from elsewhere, or where the damage occurred in the course of warfare.

 (6) A person is compensated for the direct expenses incurred by the imposition of the duty to grant use or the expropriation of a thing to a fair extent. Fair compensation is not paid to a person if it is possible for the person to receive compensation from elsewhere, where the damage occurred in the course of warfare or the imposition of the duty to grant use or expropriation of a thing due to the failure of a person to comply with the requirements arising from law.

 (7) Where the thing that became unusable due to imposition of the duty to grant use of a thing during increased defence readiness, a state of war, mobilization or demobilization, it may be replaced by an equivalent thing instead of fair compensation.

 (8) Fair compensation is paid by the state. Fair compensation for the performance of a one-time work obligation is paid by the public authority that imposed the one-time work obligation.

 (9) The more detailed conditions and procedure for the payment of fair compensation is established by a regulation of the Government of the Republic.
[RT I, 10.03.2022, 1 – entry into force21.03.2022]

Chapter 7 Supervision 
[RT I, 10.03.2022, 1 - entry into force 21.03.2022]

§ 88.  State and administrative supervision bodies

 (1) [Repealed – RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (11) Administrative supervision over the performance of a one-time national defence task assigned on the basis of § 433 of this Act is exercised by the administrative authority that assigned the task or an administrative authority authorized thereby.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (2) State and administrative supervision over the compliance with the requirements provided for in §§ 85–87 of this Act shall be conducted by:
 1) the Estonian Internal Security Service;
 2) the Defence Forces in case of the national defence objects related to the functioning of the military part of the national defence and in the use of the security authority in the area of government of the Estonian Ministry of Defence.

§ 89.  Special measures of state supervision and non-compliance levy

 (1) In order to exercise state supervision provided in this Act, the Estonian Internal Security Service and the Defence Forces may apply special state supervision measures provided in §§ 30–32 and 49–53 of the Law Enforcement Act on the basis of and in accordance with the procedure provided by the Law Enforcement Act. In order to exercise the state supervision provided in this Act, the Estonian Internal Security Service and the Defence Forces may apply respectively the provisions of the Security Authorities Act or the Estonian Defence Forces Organization Act concerning the processing of personal data.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (2) Upon failure to comply with a precept, the Estonian Internal Security Service and the Defence Forces may impose a penalty payment in accordance with the procedure provided in the Substitutive Enforcement and Penalty Payment Act. The maximum amount of the penalty payment is EUR 2,000.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 891.  Measures of administrative supervision over performance of one-time national defence task

  The administrative authority specified in subsection 11 of § 88 of this Act may, upon exercise of supervision over the performance of a one-time national defence task:
 1) apply the investigative measures provided in subsection 1 of § 826 of this Act;
 2) issue a precept for the lawful and expedient performance of a one-time national defence task;
 3) implement the coercive measures specified in subsection 2 of § 901 of this Act to comply with the precept.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 90.  Compelled attendance in case of failure to report at military service in case of additional reservist training or mobilisation

 (1) Compelled attendance shall be applied with regard to a person liable to national defence obligation in case of a failure to report at the place of assembly by the term set out in the call-up notice to participate in an additional reservist training or a mobilisation order.

 (2) In the course of compelled attendance a person liable to national defence obligation shall be brought to the Defence Forces. Compelled attendance may be applied to a person liable to national defence obligation regardless of the matter of offence initiated with regard to a person liable to national defence obligation.

 (3) Compelled attendance may be applied if there is a reason to believe that the person evades the participation in additional reservist training or commencement of the performance of the tasks of wartime post. Compelled attendance shall not be applied with regard persons liable to national defence obligation who are relieved from additional reservist training or whose failure to report at the place of assembly is deemed justified pursuant to subsection 1 of § 70 or subsection 2 of § 82 of this Act.

 (4) For compelled attendance the Commander of the Defence Forces or a person authorised by him shall draw up a regulation concerning compelled attendance which sets out:
 1) the name, personal identification code or date of birth of the person subject to compelled attendance, the known place of residence or seat and the place of employment or name of the educational institution;
 2) the reason of compelled attendance;
 3) the term of compliance with the regulation and the place where to take the person.

 (5) The regulation on compelled attendance shall be communicated for performance to the Police and Border Guard Board.

 (6) The compelled attendance may be executed also by the Defence Forces. The Defence Forces shall immediately notify the Police and Border Guard Board of the execution of compelled attendance.
[RT I, 29.05.2018, 1 – entry into force 01.07.2018]

 (7) Special measures of state supervision provided for in §§ 45–51 and direct coercion provided for in Chapter 5 of the Law Enforcement Act may be used upon compelled attendance insofar as this is unavoidable for the achievement of the objective.

 (8) A person with regard to whom compelled attendance is applied shall be given an opportunity to inform persons close to him or her of being taken to the Defence Forces.

Subchapter 2 National defence supervision 
[RT I, 10.03.2022, 1 - entry into force 21.03.2022]

§ 901.  Supervision over implementation of restrictive measures

 (1) In order to ensure compliance with the obligation specified in subsection 21 of § 10 of this Act, an administrative authority that has applied a restrictive measure may require by a precept the person to perform the required act or refrain from the act.

 (2) In order to comply with a precept provided in subsection 1 of this section, an administrative authority may apply substitutive enforcement or a penalty payment in accordance with the procedure provided in the Substitutive Enforcement and Penalty Payment Act. The maximum amount of a penalty payment each time is 9,600 euros for a natural person and 30,000 euros for a legal person.

 (3) In order to ensure compliance with the obligation specified in subsection 2 of § 10 of this Act, direct coercion may be applied on the bases and in accordance with the procedure provided in § 902 of this Act,without a precept specified in subsection 1 of this section, where issue thereof is not possible due to the urgent need of increased defence readiness, organisation of mobilisation or demobilisation or handling of a state of war..

 (4) An administrative authority executing substitutive enforcement takes minutes of the act of substitutive enforcement or application of direct coercion.

 (5) The Government of the Republic or an administrative body authorized by the Government of the Republic may temporarily take possession of an enterprise during a state of war if the legal person fails to perform the obligation provided in subsection 21 of §10 of this Act.

 (6) This section is not applied by one administrative authority to the supervision over the legality and expediency of the activities of another administrative authority or to the supervision by one administrative authority over the legality and expediency of the performance of an administrative function by another administrative authority.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 902.  Direct coercion

 (1) For the purposes of this Act, the implementation of direct coercion is the affecting of a natural person, an animal or a thing by physical force, special equipment or a weapon

 (2) A special device is an animal or thing which is intended to physically affect a person, animal or thing and which is not a weapon.

 (3) Direct enforcement may be applied on the bases and in accordance with the procedure provided in this section, where enforcement of a precept is not achievable by the application of a penalty payment or substitutive enforcement or if the application of a penalty payment or substitutive enforcement is not possible or expedient.

 (4) Direct coercion may be used by the Police and Border Guard Board, the Estonian Internal Security Service and the Defence Forces. Other administrative authorities may apply direct coercion in the case provided in this Act.

 (5) Before applying direct coercion, the person applying it warns the person against whom or against the animal or thing in the ownership or possession of the person they intend to apply direct coercion. An alert is not needed if the alert is not possible due to the urgent need for increased defence readiness, mobilization or demobilization or the handling of a state of war.

 (6) If the application of direct coercion causes bodily injury to a person, it must be ensured that the person is given first aid at the earliest opportunity and, where necessary, a call for an emergency medical care is made.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

Chapter 8 Liability 

§ 91.  Failure to comply with administrative act issued for organisation of increased defence readiness, handling of state of war, organisation of mobilisation or demobilisation

 (1) Failure to comply with an administrative act on imposing restriction on fundamental rights and freedoms given for organisation of increased defence readiness or handling of a state of war on the basis of §§ 15, 19 and 20 of this Act and on mobilization on the basis of § 24 of this Act or demobilization on the basis of § 28 of this Act -
is punishable by a fine of up to 300 fine units or detention.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (2) The same act, if committed by a legal person,
is punishable by a fine of up to 400,000 euros.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 911.  Failure to perform national defence task

 (1) Failure to perform a national defence task or for performance thereof to a lesser extent or not in accordance with the conditions -
is punishable by a fine of up to 300 fine units or detention.

 (2) The same act, if committed by a legal person,
is punishable by a fine of up to 400,000 euros.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 92.  Negligence of obligation to attend additional reservist training

  Negligence of the obligation to attend additional reservist training as a person in reserve is punishable by a fine of up to 300 fine units or by detention.

§ 93.  Failure to perform one-time work obligation

  [RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (1) Failure to perform a one-time work obligation without good reason or failure to notify of the impossibility of performance thereof -
is punishable by a fine of up to 300 fine units.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 94.  Failure to appear for performance of national defence work obligation

 (1) Failure to appear to perform national defence work obligation is punishable by a fine of up to 300 fine units.

 (2) The act provided for in subsection 1 of this section if the person has been punished for the same act earlier is punishable by a detention of up to 30 days.

§ 95.  Violation of requirements of physical protection of national defence object

 (1) Violation of requirements for physical protection of a national defence object by an employee or official of the possessor of the national defence object is punishable by a fine of up to 200 fine units.

 (2) The same act, if committed by a legal person,
is punishable by a fine of up to 20,000 euros.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 951.  Prevention of imposition of duty to grant use and expropriation of a thing

 (1) Prevention of imposition of duty to grant use or expropriation of a thing -
is punishable by a fine of up to 300 fine units.

 (2) The same act, if committed by a legal person,
is punishable by a fine of up to 400,000 euros.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

§ 96.  Proceeding

 (1) The body conducting extra-judicial proceedings of the misdemeanour provided for in § 91 of this Act is the Police and Border Guard Board.

 (11) The body conducting extra-judicial proceedings of a misdemeanour provided in § 911 of this Act is a ministry within the area of government of which the performance of the national defence task is not complied with.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (2) The body conducting extra-judicial proceedings of the misdemeanour provided for in § 92 of this Act is the Defence Forces.

 (3) Extra-judicial proceedings concerning a misdemeanour provided in § 93 of this Act are conducted by a government authority or a rural municipality or city government which has imposed a one-time work obligation.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (4) The body conducting extra-judicial proceedings concerning a misdemeanour provided in § 94 of this Act is:
 1) the ministry within whose area of government the matter for the adjudication of which the national defence post or employment has been formed belongs;
 2) the rural municipality and city government in the case of a national defence post or employment formed at a provider of vital services organized by them.
[RT I, 10.03.2022, 1 – entry into force 21.03.2022]

 (5) The body conducting extra-judicial proceedings of the misdemeanour provided for in § 95 of this Act is:
 1) the Estonian Internal Security Service;
 2) the Defence Forces in the case of a national defence object related to the functioning of the military part of the national defence and in the use of the security authority in the area of government of the Estonian Ministry of Defence.

 (6) The body conducting extra-judicial proceedings concerning a misdemeanour provided in § 951of this Act is:
 1) the Police and Border Guard Board, except in the case provided in clause 2 of this subsection;
 2) the Defence Forces in the case the duty to grant use is imposed or expropriated by the Defence Forces or the Centre for Defence Investment.
[RT I, 09.08.2022, 2 – entry into force 01.09.2022]

Chapter 9 Implementing provisions 

§ 97. – § 136. [Omitted from this text]

§ 137.  Entry into force of Act

  The Act shall enter into force on 1 January 2016.

https://www.riigiteataja.ee/otsingu_soovitused.json