Law No. 387 “On the state of emergency.”
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Law establishes the grounds, terms, procedure for introduction and action state of emergency on the whole territory of the Republic of Kazakhstan or in separate localities, the legal regime of a social emergency. Social emergency shall be intended an emergency situation, due to the occurrence of conflicts in a certain territory and conflicts in social relations that can or have caused the loss of life, the harm to health, significant property damage or disturbance of the vital activity of the population. State of emergency shall be intended a temporary measure, applied only for the purpose of ensuring the safety of citizens and protection of the constitutional order of the Republic of Kazakhstan and constituting a special legal regime for the functioning of state bodies, organizations that allow the establishment of some restrictions related to the rights and freedoms of citizens, foreigners and stateless persons, and also legal persons, and imposing additional obligations on them. The legal regime for a social emergency is a special regime for the emergency response and functioning of public authorities responsible for prevention and emergency response to social circumstances that constitute grounds for the introduction of the state of emergency. Period of validity of the legal regime of social emergency shall not exceed the time limit for removing the circumstances giving rise to it. Circumstances that lay grounds for the declaration of the state of emergency include: (a) natural and man-made emergencies caused by natural disasters (earthquakes, mudslides, avalanches, floods and others); (b) environmental crises, natural fires, epidemics and epizootics, damages to agricultural plants and forests by diseases and pests; (c) industrial, transport and other accidents, fires (explosions), accidents involving the release (threat of release) of potent poisons, radioactive and biologically hazardous substances; and (d) dam breaks, electric power accidents wastewater treatment plants accidents. The basis for the introduction of the state of emergency may also be the real risks of natural disaster or large-scale accident (disaster) based on substantiated report from the designated authority for civil protection. This Law consists of 6 Chapters divided into 25 Articles. Chapter 1 lays down general provisions. Chapter 2 establishes conditions, grounds, procedure for introduction and cancellation of the state of emergency. Chapter 3 regards special public administration bodies that are introduced during the state of emergency and the procedure for ensuring application of the state of emergency. Chapter 4 regards measures and time limits applied under conditions of the state of emergency and the ensuing crisis in socio-economic sector. Chapter 5 regards guarantees of rights and establishes responsibility of natural and legal persons, and also public officials, under conditions of the state of emergency. Chapter 6 lays down final provisions.
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Entry into force notes
This Law enters into force on the date of its official publication.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
О чрезвычайном положении Закон Республики Казахстан от 8 февраля 2003 года N 387.
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