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LAW OF THE REPUBLIC OF KAZAKHSTAN

of February 8, 2003 No. 387-II

About emergency state

(as amended on 29-06-2021)

This Law establishes the bases, terms, procedure for introduction and action of emergency state in all territory of the Republic of Kazakhstan or in its certain areas, legal regime of emergency situation of social nature.

Chapter 1 General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) emergency situation of social nature - the emergency situation caused by origin in certain territory of contradictions and the conflicts in the field of the social relations which can entail or the human victims, damnification to health entailed, significant property damage or violations of conditions of life activity of the population;

2) the commandant of the area - the official designated by the President of the Republic of Kazakhstan, leading activities of commandant's office of the area where state of emergency, and the exercising single control of forces and means providing emergency rule is imposed;

3) commandant's office of the area - the temporary special body created by the President of the Republic of Kazakhstan in the area where state of emergency, for providing emergency rule is imposed;

4) curfew - time of day during which the prohibition is established to be on streets and other public places or out of the dwelling without specially issued omissions and identity documents;

5) emergency state - the temporary measure applied only for the benefit of safety of citizens and protection of the constitutional system of the Republic of Kazakhstan and representing the particular legal regime of activities of state bodies, organizations allowing establishment of separate restrictions of the rights and freedoms of citizens, foreigners and stateless persons, and also the rights of legal entities and assigning to them subsidiary duties;

6) area borders where state of emergency is imposed, - the territory of one or several administrative and territorial units of the Republic of Kazakhstan;

7) State commission on providing emergency rule - the special body of public administration created by the act of the President of the Republic of Kazakhstan for introduction of emergency state.

Article 2. Legal basis of emergency state

The legal basis of introduction of emergency state are the Constitution of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

Article 3. Purpose of introduction of emergency state

The purpose of introduction of emergency state is elimination of the circumstances which formed the basis for its introduction, safety, protection of rights and freedoms of man and citizen, protection of the constitutional system of the Republic of Kazakhstan.

Chapter 1-1. Legal regime of emergency situation of social nature

Article 3-1. Legal regime of emergency situation of social nature

1. The legal regime of emergency situation of social nature represents specific mode of the emergency reaction and functioning of the state bodies performing the prevention and liquidation of the force majeure of social nature which are the basis for introduction of emergency state.

2. The legal regime of emergency situation of social nature is introduced in certain areas according to the decision of the head of state body according to the prevention and liquidation of emergency situation of social nature, and in case, stipulated in Item 1 article 3-2 of this Law, - local executive body in coordination with Committee of homeland security of the Republic of Kazakhstan.

3. Working body of system of the emergency reaction and management in case of legal regime of emergency situation of social nature is the operational staff.

4. The state and local executive bodies in case of threat or emergence of emergency situation of social nature shall render assistance and provide necessary assistance to state body according to the prevention and liquidation of emergency situation of social nature.

5. For the purpose of the prevention and liquidation of emergency situation of social nature the state body according to the prevention and liquidation of emergency situation of social nature has the right:

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