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CONSTITUTIONAL LAW OF THE KYRGYZ REPUBLIC

of October 24, 1998 No. 135

About emergency state

(as amended on 14-07-2015)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on October 2, 1998

Chapter I. General provisions

Article 1. In this Law the following basic concepts are used:

Emergency state - the temporary measure entered in all territory of the Kyrgyz Republic or in its certain areas, applied only for the benefit of safety of her citizens and protection of the constitutional system and representing particular legal regime of activities of state bodies, local government bodies, organizations, irrespective of patterns of ownership, allowing establishment of separate restrictions of the rights and freedoms of citizens, foreign citizens and stateless persons, and also the rights of legal entities and assigning to them subsidiary duties.

The commandant of the area - the official designated by Jogorku Kenesh of the Kyrgyz Republic and the President of the Kyrgyz Republic respectively, 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.

Commandant's office of the area - the temporary special body created by Jogorku Kenesh of the Kyrgyz Republic and the President of the Kyrgyz Republic respectively in the area where state of emergency, for providing emergency rule is imposed.

The 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.

Crisis situation - set of factors (circumstances) biological (epidemics, epizooty, epiphytoties), social (the armed rebellion, the interethnic conflicts, mass riots integrated to violence and threat of life of people, the armed capture and blocking of roads of republican value and strategic objects including their damage) and natural and technogenic (natural disasters, destructions) nature, posing direct threat to the constitutional system, the vital interests of the personality, society, to normal working hours of state bodies and local government bodies.

Borders of the territory on which state of emergency - the territory of one or several administrative and territorial units of the Kyrgyz Republic is imposed.

The special omission - the one-time or temporary document issued by the commandant of the area, granting the right of movement, entrance (departure), entrance (exit) to territory borders where state of emergency is imposed.

Article 2. Voided according to the Constitutional Law of the Kyrgyz Republic of 29.12.2011 No. 256

Chapter II. Conditions, bases and procedure for introduction of emergency state

Article 3. State of emergency in the Kyrgyz Republic is imposed in case of crisis situations which elimination is impossible without application of emergency measures:

1) biological nature: epidemics, epizooty, epiphytoties;

2) social nature: the armed rebellion, the interethnic conflicts, mass riots integrated to violence and threat of life of people, the armed capture and blocking of roads of republican value and strategic objects including their damage;

3) natural and technogenic nature: natural disasters, destructions if they pose direct threat to the constitutional system, the vital interests of the personality, society, to normal working hours of state bodies and local government bodies.

Article 4. For the benefit of safety of citizens or protection of the constitutional system of the Kyrgyz Republic the President of the Kyrgyz Republic in the cases specified in article 3 of this Law warns about possibility of introduction of emergency state, and in certain areas enters it without preliminary announcement what without delay reports to Jogorku Kenesh of the Kyrgyz Republic about.

In case of crisis situations state bodies, local government bodies and law enforcement agencies take all measures within the powers for their localization and permission.

In case of introduction of emergency state or increase in scales of the crisis situations caused by biological, social and natural and technogenic factors in case of which forces and means of law enforcement agencies and bodies of civil protection are insufficient for their localization and permission the General Staff of Armed Forces of the Kyrgyz Republic is body of operational management and coordination of forces and funds of the connections raised on it and parts of Armed Forces of the Kyrgyz Republic, law-enforcement bodies, homeland security, civil protection, other state bodies of the Kyrgyz Republic and local government bodies.

Article 5. The Jogorku Kenesh of the Kyrgyz Republic imposes state of emergency in all territory of the Kyrgyz Republic, claims or cancels presidential decrees of the Kyrgyz Republic on this matter.

Article 6. During emergency state the Kyrgyz Republic is guided by the principles of legality, publicity and temporariness.

Article 7. In the resolution of Jogorku Kenesh of the Kyrgyz Republic and in the Presidential decree of the Kyrgyz Republic about introduction of emergency state shall be specified:

1) the circumstances which formed the basis for introduction of emergency state according to requirements of article 3 of this Law;

2) reasons for need of introduction of emergency state according to requirements of article 3 of this Law;

3) list and limits of emergency measures and exhaustive list of temporary restrictions of the rights and freedoms of citizens, subsidiary duties;

4) state bodies responsible for implementation of measures of emergency state, and exact limits of emergency powers of these bodies;

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

6) effective date owing to the act, and also the exact term for which state of emergency is imposed.

The resolution of Jogorku Kenesh of the Kyrgyz Republic on introduction of emergency state in all territory Kyrgyz

The republics and the Presidential decree of the Kyrgyz Republic about introduction of emergency state concerning its certain areas immediately are brought to the attention of the population.

Article 8. The presidential decree of the Kyrgyz Republic about introduction of emergency state in certain areas of the territory of the Kyrgyz Republic is subject to transfer to Jogorku Kenesh of the Kyrgyz Republic without delay, on the same day.

Article 9. The Jogorku Kenesh of the Kyrgyz Republic shall approve by the resolution no later than 3 days the Presidential decree of the Kyrgyz Republic about introduction of emergency state in certain areas of the territory of the Kyrgyz Republic or cancel it.

Executive bodies shall create all conditions for immediate collection of deputies of Jogorku Kenesh of the Kyrgyz Republic.

Article 10. The resolution of Jogorku Kenesh of the Kyrgyz Republic on introduction of emergency state in all territory of the Kyrgyz Republic, and also the resolution of Jogorku Kenesh of the Kyrgyz Republic on approval or cancellation of the Presidential decree of the Kyrgyz Republic on introduction of emergency state in certain areas is accepted by Jogorku Kenesh of the Kyrgyz Republic the majority from number of the present deputies, but by at least than 50 voices of deputies of Jogorku Kenesh.

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