Ministry of Justice of the Republic of Kazakhstan
Current issues in the field of the state of emergency
Topic: «Current issues in the field of the state of emergency».
From January 5 to January 19, 2022, on the basis of the Decree of the President of the Republic of Kazakhstan, a state of emergency was introduced on the territory of the Republic of Kazakhstan. Let's consider the most pressing issues that interest the population today according to the norms of the state of emergency:
A state of emergency - a temporary measure, applied only to ensure the safety of citizens and the protection of the constitutional order of the Republic of Kazakhstan and represents a special legal regime of state bodies, organizations, allowing the establishment of specific restrictions on the rights and freedoms of citizens, foreigners and stateless persons, as well as the rights of legal entities and imposing additional responsibilities on them (subparagraph 5 of article 1 of the Law of the Republic of Kazakhstan«On the State of Emergency»dated February 8, 2003 No. 387).
The purpose of imposition of the state of emergency is the elimination of the circumstances that led to its imposition, security, protection of the rights and freedoms of man and citizen, protection of the constitutional order of the Republic of Kazakhstan (article 3 of the Law of the Republic of Kazakhstan«On the State of Emergency»dated February 8, 2003 No. 387).
The state of emergency throughout the territory of the Republic of Kazakhstan or in particular areas is introduced by the President of the Republic of Kazakhstan by the relevant decree after formal consultation with the Prime Minister and Chairpersons of the Chambers of the Parliament of the Republic of Kazakhstan with immediate informing of the Parliament of the Republic of Kazakhstan (paragraph 1 of article 5 of the Law of the Republic of Kazakhstan«On the State of Emergency»dated February 8, 2003 No. 387).
The circumstances that are the grounds for the introduction of the state of emergency in compliance with the requirements of paragraph 1 of this Article shall include:
- emergencies of a social nature, caused by a massive crossing of the State Border of the Republic of Kazakhstan from the territories of neighboring states; attempts to change the constitutional order of the Republic of Kazakhstan; acts of terrorism; actions, aimed at forcible seizing of power or forcible retention of power in violation of the Constitution of the Republic of Kazakhstan; riots, ethnic and religious conflicts; blockade or capture of individual localities, critical and strategic objects; preparation and activities of illegal armed groups; armed rebellion; diversion; provocative actions by other states to impose an armed conflict; violation of the territorial integrity of the Republic of Kazakhstan;
- emergencies of natural and technogenic character, caused by natural disasters (earthquakes, mudslides, avalanches, floods, etc.), an environmental health threat, wildfires, epidemics and epizootics, the defeat of crop and forest with pests and diseases, industrial, transport and other accidents, fire (explosions), accidents with emissions (the threat of release) of highly toxic, radioactive and biologically hazardous substances, the sudden collapse of buildings and structures, dam failures, accidents at electric power and communication systems of life support, sewage treatment facilities and those that require early stabilization, law enforcement, creating the conditions for the necessary rescue and recovery work.
The grounds for the introduction of emergency can be a real threat of a natural disaster or large-scale accident (crash) on the basis of the representation of the authorized body in the field of civil protection (paragraph 2 of article 4 of the Law of the Republic of Kazakhstan«On the State of Emergency»dated February 8, 2003 No. 387).
The working body of the system for emergency response and operation under the legal regime of the emergency of a social nature is the operational headquarters (paragraph 3 of article 3-1 of the Law of the Republic of Kazakhstan «On the State of Emergency» dated February 8, 2003 No. 387).
Validity of the state of emergency, introduced throughout the territory of the Republic of Kazakhstan, may not exceed 30 days, and introduced in the particular areas - 60 days (paragraph 1 of article 7 of the Law of the Republic of Kazakhstan «On the State of Emergency» dated February 8, 2003 No. 387).
The President of the Republic of Kazakhstan shall have the right to cancel the state of emergency completely or partially before the expiration of the term for which it is introduced, if the circumstances that led to its introduction are eliminated (paragraph 1 of article 9 of the Law of the Republic of Kazakhstan «On the State of Emergency» dated February 8, 2003 No. 387).
In order to immediate address the issues and activities to eliminate the circumstances that gave rise to the imposition of emergency, the President of the Republic of Kazakhstan may establish special bodies for the state administration to ensure the state of emergency, which include: the State Commission to ensure the state of emergency under the President of the Republic of Kazakhstan, commandant’s office (paragraph 1 of article 11 of the Law of the Republic of Kazakhstan «On the State of Emergency» dated February 8, 2003 No. 387).
The commander of area - an official, appointed by the President of the Republic of Kazakhstan, leading the activities of the commandant’s office of area where the state of emergency, and carrying out the unified administration of the forces and means that ensure the state of emergency (subparagraph 2 of article 1 of the Law of the Republic of Kazakhstan«On the State of Emergency»dated February 8, 2003 No. 387).
In the state of emergency the following main measures and temporary restrictions are provided for a period of its validity:
1) strengthening the protection of public order, the protection of critical public and strategic objects, as well as objects that ensure the livelihoods of the population and the functioning of the transport;
2) limitations on the freedom of movement, including vehicles, in areas where the state of emergency is introduced;
3) verification of identity documents of individuals, searches of individuals and their belongings, vehicles;
4) restrictions on entry to the area where the state of emergency is introduced, or to the territory of the Republic of Kazakhstan, as well as leaving them;
5) prohibition or restriction of meetings, rallies and demonstrations, marches and pickets, entertainment, sports and other events, as well as family rituals, associated with birth, marriage, death;
6) prohibition of strikes and other ways of suspension or termination of legal entities;
7) suspension of the activities of legal entities, where the explosives, radioactive, as well as chemically and biologically hazardous substances are used;
8) evacuation of material and cultural values in the safe areas, if there is a real threat to their destruction, stealing or damage due to force majeure;
9) prohibition of elections and referendums for the period of the state of emergency in areas where it is imposed;
10) suspension of networks and means of communications, with the exception of government communications (article 15 of the Law of the Republic of Kazakhstan«On the State of Emergency»dated February 8, 2003 No. 387).
