Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF BELARUS

of June 24, 2002 No. 117-Z

About emergency state

(as of December 31, 2009)

Accepted by the House of Representatives on May 17, 2002

Approved by Council of the Republic on June 6, 2002

Chapter 1. General provisions

Article 1. Concept of emergency state

Emergency state means the particular temporary legal regime of activities of state bodies, other organizations, their officials entered according to the Constitution of the Republic of Belarus and this Law in all territory of the Republic of Belarus or in its certain areas allowing the established by this Law of restriction (suspension) of the rights and freedoms of citizens of the Republic of Belarus, foreign citizens and persons without citizenship (daleegrazhdena), the rights of the organizations and also assignment on them subsidiary duties.

Article 2. Purposes of introduction of emergency state

The purposes of introduction of emergency state are elimination of the circumstances which formed the basis for its introduction, safety of life and human health, and also elimination of the danger posing threat of territorial integrity and to existence of the state.

Chapter 2. Bases and procedure for introduction of emergency state

Article 3. Bases for introduction of emergency state

The basis for introduction of emergency state is availability of the circumstances posing direct safety hazard of life and human health, territorial integrity and to existence of the state which elimination is impossible without application of emergency measures. Treat such circumstances:

to entail the emergency situations of natural and technogenic nature, emergency ecological situations, including the epidemics and epizooty which resulted from accidents, natural hazards, catastrophic crashes, natural and other disasters, entailed (able) the human victims, drawing damage to health of people and the surrounding environment, considerable material losses and violation of conditions of life activity of the population and the requiring carrying out large-scale rescue and other urgent works;

the conflicts which are followed by violence or threat of violence from group of persons and the organizations from which danger to life and human health, territorial integrity and existence of the state results.

Article 4. Introduction of emergency state

Emergency state in all territory of the Republic of Belarus or in its certain areas is entered by the presidential decree of the Republic of Belarus with entering into three-day term of the made decision on approval of Council of the Republic of National assembly of the Republic of Belarus.

Article 5. Contents of the presidential decree of the Republic of Belarus about introduction of emergency state

In the presidential decree of the Republic of Belarus about introduction of emergency state are, as a rule, determined:

the circumstances which formed the basis for introduction of emergency state;

reasons for need of introduction of emergency state;

borders of the territory on which state of emergency is imposed;

forces and means providing emergency rule;

list of emergency measures and limits of their action, exhaustive list of temporary restrictions (suspension) of the rights and freedoms of citizens, rights of the organizations;

the state bodies and officials responsible for implementation of the emergency measures applied in the conditions of emergency state;

effective period of emergency state, and also effective date of the decree in force.

Article 6. Promulgation of the presidential decree of the Republic of Belarus about introduction of emergency state

The presidential decree of the Republic of Belarus about introduction of emergency state is subject to immediate official publication, and also distribution through all other mass media, communication channels and notifications.

Article 7. Approval of the Republic of National assembly of the Republic of Belarus of the presidential decree of the Republic of Belarus by Council about introduction of emergency state

After promulgation of the presidential decree of the Republic of Belarus about introduction of emergency state members of council of the Republic of National assembly of the Republic of Belarus shall arrive to the venue of meeting of Council of the Republic of National assembly of the Republic of Belarus to perhaps short terms without special challenge.

Council of the Republic of National assembly of the Republic of Belarus considers the presidential decree of the Republic of Belarus about introduction of emergency state and not later than in three-day time after its introduction makes the relevant decision.

The presidential decree of the Republic of Belarus about introduction of emergency state which is not approved by a majority vote from complete structure of Council of the Republic of National assembly of the Republic of Belarus voids at once after adoption of the relevant decision by Council of the Republic of National assembly of the Republic of Belarus what the population of the Republic of Belarus or its certain areas is notified on in the same order in what it was notified on introduction of emergency state.

Article 8. Features of activities of National assembly of the Republic of Belarus during action of emergency state in all territory of the Republic of Belarus

In case of introduction of emergency state in all territory of the Republic of Belarus the House of Representatives, Council of the Republic of National assembly of the Republic of Belarus cannot be dismissed and continue the work during all effective period of emergency state.

Article 9. Effective period of emergency state

Effective period of state of emergency imposed in all territory of the Republic of Belarus cannot exceed 30 days, and entered in its certain areas, - 60 days.

After the term specified in part one of this Article, emergency state is considered stopped. If during this term the goals of introduction of emergency state were not achieved, the term of its action can be extended by the presidential decree of the Republic of Belarus with observance of the requirements established by this Law for introduction of emergency state.

Article 10. Cancellation by the President of the Republic of Belarus of emergency state

Emergency state is repealed by the President of the Republic of Belarus before the term established according to this Law in case of elimination of the circumstances which formed the basis for its introduction what the population of the Republic of Belarus or its certain areas is notified on in the same order in what it was notified on introduction of emergency state.

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