of February 8, 2003 No. 387-II
About emergency state
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.
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;
1-1) crisis situations in the social and economic sphere - situation in case of which there was threat of economic safety of the country and according to acts of the President of the Republic of Kazakhstan features of actions of the tax, budget, customs, bank, labor, foreign exchange legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan in the field of protection of the competition, in the field of health care, about public procurements, purchases of certain subjects of the quasi-public sector, in spheres of social protection of citizens, about state-owned property, concerning the state control and supervision, implementation of the international obligations of the country can be established;
1-2) crisis situations - situation in case of which recovery of the violated rights and freedoms of man and citizen, the constitutional system of the Republic of Kazakhstan, safety and law and order requires application of temporary restrictions, and in exceptional cases introduction of emergency mode or emergency state and application of the main and additional measures provided by this Law;
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.
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.
The president of the Republic of Kazakhstan for the purpose of safety of citizens and protection of the constitutional system of the Republic of Kazakhstan:
1) approves the rules determining procedure for collateral actions of the central state and local executive bodies, law enforcement and special state bodies, Armed Forces of the Republic of Kazakhstan, other troops and military forming in case of localization and liquidation of crisis situation;
2) is approved by regulations on republican and regional operational staff;
3) performs other powers according to the Constitution and the laws of the Republic of Kazakhstan.
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.
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 force majeure of social nature and allows establishment of separate temporary restrictions of the rights and freedoms of physical persons and legal entities with assignment on them subsidiary duties.
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