LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 11, 2014 No. 188-V ZRK

About civil protection

This Law governs the public relations arising in the course of holding actions for civil protection and is directed to the prevention and liquidation of emergency situations of natural and technogenic nature and their effects, rendering emergency medical and psychological assistance to the population which is in zone of emergency situation, ensuring fire and industrial safety and also determines the main objectives, the organizational principles of creation and functioning of civil defense of the Republic of Kazakhstan, forming, storage and use of the state material reserve, the organization and activities of rescue services and forming.

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) accident - destruction of buildings, constructions and (or) technical devices, uncontrollable explosion and (or) emission of dangerous substances;

2) wrecking - actions for search and rescuing of people, material and cultural values, rendering emergency medical and psychological assistance to the population which is in zone of emergency situation, environment protection in zone of emergency situation and when conducting military operations, to localization and suppression or bringing to minimum possible level of impact of characteristic factors, dangerous to them;

3) rescue unit - the independent or being part of the certified rescue service organizational structural unit of forces of civil protection intended for carrying out rescue and urgent works;

4) rescue service - set of the organizational and joint governing bodies, rescue units and means of civil protection intended for the solution of tasks according to the prevention and liquidation of the emergency situations functionally united in single system;

5) object with mass stay of people - the building, construction, premises of trade enterprises, public catering, consumer services, the sports and improving, sports, cultural and educational and spectacular organizations, entertaining institutions, stations of all modes of transport, cult buildings (constructions) expected simultaneous stay of hundred and more people, and also the building, construction of the organizations of health care, education, hotels expected simultaneous stay of twenty five and more people;

6) civil defense - the component of the state system of civil protection intended for realization of nation-wide complex of the events held in peace and wartime for protection of the population and the territory of the Republic of Kazakhstan against impact of the striking (destroying) factors of modern weapons of destruction, emergency situations of natural and technogenic nature;

7) military units of civil defense - the military units of authorized body in the field of civil protection which are carrying out actions of civil protection in peace and wartime;

8) fund of protective constructions of civil defense - set of the engineering constructions which are specially equipped and intended for protection of employees of the organizations referred to categories on civil defense, and the populations from impact of the striking (destroying) factors of modern weapons of destruction, and also in case of emergency situations;

9) protective construction of civil defense - the engineering construction which is specially equipped and intended for protection of the population against impact of the striking (destroying) factors of modern weapons of destruction;

10) civil protection - the nation-wide complex of the events held in peace and wartime, directed to the prevention and liquidation of emergency situations of natural and technogenic nature and their effects, the organization and conducting civil defense, rendering emergency medical and psychological assistance to the population which is in zone of emergency situation, including actions for ensuring fire and industrial safety, forming, storage and use of the state material reserve;

11) special events of civil protection - the advance or prompt actions of services of civil protection on engineering, radiation, chemical, medical, fire-proof, transport, material, hydrometeorological and other support of works directed to protection of the population, objects and the territory of the Republic of Kazakhstan against the dangers arising in case of emergency situations and the military conflicts or owing to these conflicts;

12) the warning system of civil protection - set of the program and technical means providing informing the population and state bodies on threat of life and to human health about operations procedure in the developed situation;

13) the state system of civil protection - set of the governing bodies, forces and means of civil protection intended for realization of nation-wide complex of actions for protection of the population, objects and the territory of the Republic of Kazakhstan from the dangers arising in case of emergency situations and the military conflicts or owing to these conflicts;

14) forces of civil protection - military units of civil defense, rescue services and forming, divisions of the public and non-state fire service, forming of civil protection, aircraft of authorized body in the field of civil protection, service of observation, control of situation and forecasting;

15) means of civil protection - the material property applied to protection of the population and equipment of forces of civil protection;

16) services of civil protection - the republican, regional, city, district systems of governing bodies and forces of civil protection intended for accomplishment of special events of civil protection;

17) bodies of civil protection - authorized body in the field of civil protection, its department, territorial subdivisions and public institutions subordinated to its department;

18) the state control and supervision in the field of civil protection - activities of authorized bodies in the field of civil protection and in the field of industrial safety, aimed at ensuring compliance with requirements of the legislation of the Republic of Kazakhstan by physical persons and legal entities in the field of civil protection, within their competence;

19) authorized body in the field of civil protection (further - authorized body) - the central executive body performing management and cross-industry coordination, development and realization of state policy in the field of civil protection regarding the prevention and liquidation of emergency situations of natural and technogenic nature, rendering emergency medical and psychological assistance to the population, ensuring fire safety and the organization of Civil defense;

19-1) department of authorized body in the field of civil protection (further - department) - the department of the central executive body enabling the realization of state policy in the field of civil protection regarding the prevention and liquidation of emergency situations of natural and technogenic nature, rendering emergency medical and psychological assistance to the population, ensuring fire safety and the organization of Civil defense;

19-2) accreditation - official recognition of competences of the expert organization by department to perform works on carrying out audit in the field of fire safety;

19-3) certificate of accreditation - the document issued by department, certifying the right of the expert organization to perform works on carrying out audit in the field of fire safety;

20) notification signal "Attention to all!" - the single signal of the notification transmitted by means of sirens or other alarm means for drawing attention of the population in case of threat of origin or emergence of emergency situations;

21) control centers - the life support of construction which are specially equipped and equipped with technical means, elements or the vehicles of state bodies intended for placement and ensuring work of governing bodies of civil protection;

22) razbronirovaniye - release of material values from the state material reserve in case of change of the nomenclature, and also for utilization or destruction, taking measures to the prevention and liquidation of emergency situations and their effects, rendering the regulating impact on the market, the help to refugees and the humanitarian assistance;

22-1) antigushing works - the actions which are carried out on objects for oil and gas extraction using the special equipment, the equipment and the equipment, directed to accident elimination, rescuing of people, material values and decrease in impact of dangerous factors of uncontrollable exit of formation fluids through the mouth of well (gas and oil fountains) as a result of absence, destructions or leaks of the locking equipment or owing to grifonoobrazovaniye;

23) single service "112" on duty and dispatching - service of acceptance and processing of messages from physical persons and legal entities on premises of origin or emergence of emergency situation, the fire, threat of life and damnification to human health and about other cases requiring taking measures of the emergency help with the subsequent coordination of actions for reaction of the emergency services within the competence;

23-1) gas-rescuing works - the actions for accident elimination on hazardous production facilities which are characterized by need of their accomplishment in the conditions of availability in the environment of the dangerous substances exceeding threshold limit values using the special equipment, the equipment and the equipment, the isolating individual protection equipment and connected with search of people in the gas-polluted circle, first-aid treatment by the victim and their transportation, conducting investigation of the center of accident for the purpose of refining of the place and cause of accident, borders of its distribution and other actions necessary for elimination of dangerous production factors;

24) the voluntary firefighter - the citizen who is directly participating on voluntary basis in activities for the prevention and (or) suppression of the fires, registered in the register of voluntary firefighters;

25) mobilization reserve - the inventory of material values according to the limited nomenclature which is component of the state material reserve necessary for accomplishment of the mobilization order in case of mobilization, warlike situation and in wartime, taking measures to the prevention and liquidation of emergency situations of natural, technogenic and social nature and their effects, humanitarian assistance in peace time, and also material means of special forming;

26) the victim - physical person to which harm (damage) owing to emergency situation of natural or technogenic nature is done;

27) the causer of harm (damage) - physical person or legal entity owing to which action (failure to act) there was emergency situation of technogenic nature;

28) professional rescue service - the rescue service consisting of forming or forming which rescuers work at regular basis and conform to qualification requirements;

29)  No. 156-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.05.2018;

30) modern weapons of destruction - devices and means which striking (destroying) factors are expected defeat of people, animals and plants, damage or destruction of objects, emergence of the secondary striking factors, the including weapons of mass destruction and regular weapons of destruction, including rocket, aviation and firearms;

31) the declaration of industrial safety of hazardous production facility - the document in which nature and scales of danger of hazardous production facility, action for ensuring industrial safety and protection of the population against harmful effects of dangerous production factors are reflected in stages of commissioning, functioning and conclusion from operation of hazardous production facility;

32) dangerous production factor - the physical phenomenon arising in case of accidents, incidents on hazardous production facilities and objects of social infrastructure, doing harm (damage) to physical persons and legal entities, the environment;

32-1) dangerous technical devices:

the technical devices working under pressure of more 0,07 мегаПаскаля or at water heating temperature more than 115 degrees Celsius, heavy lift gears, escalators, funiculars, elevators, travelators, elevators for persons with limited opportunities (persons with disability), and also installations for drilling and repair of wells with depth of drilling more than two hundred meters, mine lifting installations and hoist engines, portable warehouses of explosives and products on their basis, the mixing and charging and delivery and charging machines, mobile and stationary installations for production of explosives and products on their basis operated on hazardous production facilities, the state control and supervision of which are performed by authorized body in the field of industrial safety;

steam and the boilers working under pressure of more 0,07 мегаПаскаля and (or) at water heating temperature more than 115 degrees Celsius (the organization of heat supply), the vessels working under pressure of more 0,07 мегаПаскаля, heavy lift gears, escalators, ropeways, funiculars, elevators, travelators, elevators for persons with limited opportunities (persons with disability) on objects of social infrastructure, the state control and supervision of which are performed by local executive bodies;

33) the rescuer - the physical person who had special training and certified (recertified) on carrying out wrecking;

34) material values - the goods necessary for providing the tasks delivered before authorized body in the field of the state material reserve, in certain nomenclature and amount of storage;

35) delivery of material values to the state material reserve - purchase and (or) shipment (delivery) of material values to Items of storage of material values of the state material reserve;

36) laying of material values in the state material reserve (further - bookmark) - acceptance of material values for storage in the state material reserve;

37) release of material values from the state material reserve - withdrawal of material values from the state material reserve according to the procedure of refreshening, borrowing, razbronirovaniye;

38) non-state fire service - the legal entities who underwent certification on the work right for the prevention and suppression of the fires, ensuring fire safety and carrying out wrecking in the organizations, settlements and on objects;

39) the state material reserve (further - the state reserve) - the inventory of material values intended for mobilization needs, taking measures to the prevention and liquidation of emergency situations of natural, technogenic and social nature and their effects, rendering the regulating impact on the market, the help to refugees and the humanitarian assistance;

39-1) authorized body in the field of the state material reserve - the central executive body performing executive and control functions, and also management of system of the state material reserve;

40) movement of material values of the state material reserve - transportation of material values from one Item of storage of material values of the state material reserve in other Item, including loading and unloading of material values;

41) the public fire service - set of governing bodies, forces and means of civil protection in the areas, the cities of republican value, the capital, areas, the cities of regional value intended for the organization of the prevention of the fires and their suppression, carrying out rescue and urgent works, implementation of the state control and supervision in the field of fire safety and conducting inquiry on cases on the criminal offenses connected with the fires;

42) the subordinated organization of system of the state reserve - the legal entity performing forming and storage of material values of the state reserve;

43) borrowing of material values from the state reserve - release of material values from the state reserve under certain conditions with the subsequent return to the state reserve according to the nomenclature and amounts of storage;

44) refreshening of the state reserve - release of material values from the state reserve before the expiration of fixed terms of their storage in case of simultaneous or with gap in time to laying of material values according to the nomenclature and amounts of storage;

45) standard rates of storage of material values of the state reserve - technical requirements on content and storage conditions of material values of the state reserve;

46) Items of storage of material values of the state reserve - the legal entities performing storage of material values of the state reserve and rendering the services connected with storage on contractual basis;

46-1) nomenclatures and amounts of storage of material values of the state reserve - the list and amounts of material values of the state reserve necessary for accomplishment of objectives before authorized body in the field of the state material reserve;

47) object - the property of physical persons or legal entities, state-owned property, including buildings, constructions, structures, technological installations, the equipment, aggregates and other property to which are established or shall be established requirements in the field of civil protection;

48) incident - the refusal or damage of the technical devices used on hazardous production facility, variation from the parameters ensuring safety of conducting engineering procedure, which did not lead to accident;

49) operating - delivery, storage and release of material values of the state reserve;

49-1) production supervision - the actions on hazardous production facility aimed at ensuring compliance with industrial safety, performed by officials of service of production supervision;

50) industrial safety - condition of security of physical persons and legal entities, the environment from harmful effects of dangerous production factors;

51) the certificate on the work right in the field of industrial safety - the document issued by authorized body in the field of industrial safety, certifying the right of the legal entity to perform works in the field of industrial safety;

52) certification of legal entities on the work right in the field of industrial safety - official recognition by authorized body in the field of industrial safety of competences of the legal entity to perform works in the field of industrial safety;

52-1) professional rescue service in the field of industrial safety - the rescue service intended for carrying out mine-rescue, gas-rescuing, antigushing works on hazardous production facilities;

52-2) professional object rescue service in the field of industrial safety - the rescue service which is structural division of the organization having hazardous production facilities;

52-3) authorized body in the field of industrial safety - the central executive body performing management and cross-industry coordination, development and realization of state policy in the field of industrial safety;

52-4) department of authorized body in the field of industrial safety - the department of the central executive body enabling the realization of state policy and control, supervising functions in the field of industrial safety;

53) requirements of industrial safety - the special conditions of technical and (or) social nature established by the legislation of the Republic of Kazakhstan for the purpose of ensuring industrial safety;

54) the fire - the uncontrollable burning creating threat, doing harm to life and human health, material damage to physical persons and legal entities, interests of society and state;

55) voluntary fire-proof forming - the public associations created for implementation of actions for the prevention and suppression of the steppe fires, and also the fires in the organizations and settlements;

56) garrison of fire service - set located in the territory of the area, the cities of republican value, the capital, the area, the city of regional value of governing bodies and divisions of the public fire service, non-state fire services and voluntary fire-proof forming;

57) fire safety - condition of security of people, property, society and state from the fires;

57-1) audit in the field of fire safety - business activity on establishment of compliance or discrepancy of objects to requirements of fire safety;

58) requirements of fire safety - the special conditions of technical and (or) social nature established by the legislation of the Republic of Kazakhstan for the purpose of ensuring fire safety;

59) measures of fire safety - action for fulfillment of requirements of fire safety;

60) fire depot - the territory, buildings and constructions intended for placement of the fire fighting and special equipment, fire and technical arms, their maintenance including service, auxiliary premises for staff and Item of communication of division of fire service;

61) fire and technical products - products intended for ensuring fire safety including the fire fighting equipment and the equipment, fire equipment, fire-fighting and fireproof substances, means of special communication and management, the software and databases, and also other warning facilities and suppressions of the fires;

61-1) expert organizations - the organization accredited in accordance with the established procedure on implementation of activities for audit in the field of fire safety;

62) emergency situations of natural nature - the emergency situations which developed as a result of natural hazards (the geophysical, geological, meteorological, agrometeorological, hydrogeological dangerous phenomenon), the natural fires, epidemics, defeat of agricultural plants and woods diseases and wreckers;

62-1) mine-rescue works - the actions which are carried out in mines, mines, pits and cuts using the special equipment, the equipment and the equipment, directed to rescuing of people and accident elimination, first-aid treatment by the victim and their transportation, suppression of the fires underground and to surfaces within mountain branch, inertization of the explosive atmosphere, disassembly of blockages, construction of crossing points, the device fix, liquidation of floodings, and other actions necessary for elimination of dangerous production factors;

63) the technical lead - the specialist performing management of engineering procedure;

64) technical devices - machines, the equipment and other designs;

65) emergency situations of technogenic nature - the emergency situations caused by harmful effects of dangerous production factors, transport and other accidents, the fires (explosions), accidents with emissions (emission threat) of strong poisonous, radioactive and biologically dangerous substances, sudden building collapse and constructions, breaks of dikes, accidents on electrical power and communication life support systems, treatment facilities;

66) emergency situation - the situation in certain territory which developed as a result of accident, the fire, harmful effects of dangerous production factors, natural hazard, catastrophic crash, natural or other disaster which can entail or was entailed by the human victims, harm to human health or the environment, significant material damage and violation of conditions of life activity of people;

67) zone of emergency situation - the territory in which there was emergency situation;

68) the head of liquidation of emergency situation - the leading administrative and responsible person leading works on liquidation of emergency situation;

69) life support of the population in emergency situations - set by forces and means of civil protection of the actions directed to creation and maintenance of the conditions minimum necessary for the preserving life and maintenance of human health in zones of emergency situations interconnected on time, resources and the venue on routes of evacuation and in the locations evacuated;

70) liquidation of emergency situations - carrying out rescue and urgent works;

71) urgent works in case of liquidation of emergency situations (further - urgent works) - activities for comprehensive providing wrecking, creation of the conditions necessary for preserving life and human health;

72) the prevention of emergency situations - complex of the events held beforehand and directed to the greatest possible reduction of risk of emergence of emergency situations, and also to preserving life and human health, decrease in the amount of material losses in case of their origin;

73) mitigation of consequences of emergency situations - the events held on recovery of engineering infrastructure, housing, environment, rendering the social and rehabilitation help to the population, indemnification (damage) caused to physical persons and legal entities owing to emergency situations;

74) classification of emergency situations - procedure for reference of emergency situations to the classes established according to their danger to life and health of the person, violation of conditions of life activity, the extent of damage (harm);

75) critical infrastructure - the organizations of health care, telecommunications, bonds, gas supply, power supply, heat supply, water supply and water disposal, in case of the termination (suspension) of operation of buildings, constructions, technological installations and which aggregates is broken activities of social and engineering infrastructures of settlements and the territories;

76) aircraft of authorized body - the air vehicles used for the solution of tasks of civil protection;

77) operational reserve of authorized body - inventories of the equipment and material values, including medicines and medical products, in certain nomenclature and amount;

78) service of emergency medical and psychological assistance of authorized body - the professional medical rescue service intended for carrying out urgent works on rendering medical and psychological assistance to the population which is in zone of emergency situation, preserving, recovery and rehabilitation of health of participants of liquidation of emergency situations;

79) evacuation actions - dispersion of employees of the organizations referred to categories on civil defense, evacuation of the population and appliances from the cities and zones of emergency situation in peace and wartime.

Article 2. Legislation of the Republic of Kazakhstan on civil protection

1. The legislation of the Republic of Kazakhstan on civil protection is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. Legal regulation in the field of labor protection, ecological safety, safety during the using of space, destruction of chemical and nuclear weapon, use and utilization of ammunition, traffic safety on automobile and to the railroads, traffic safety of inland water transport, safety of objects of power, safety of flights of air transport, safety of water management systems and constructions, and also emergency situations of social nature is performed by the special legislation of the Republic of Kazakhstan.

3. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Chapter 2. State system of civil protection

Article 3. Main objectives and principles of civil protection

1. The main objectives of civil protection are:

1) prevention and liquidation of emergency situations and their effects;

2) rescuing and evacuation of people in case of emergency situations by carrying out rescue and urgent works in peace and wartime;

3) creation of forces of civil protection, their preparation and maintenance in permanent readiness;

4) training of specialists of the central and local executive bodies, organizations and training of the population;

5) accumulating and maintenance in readiness of necessary fund of protective constructions, inventories of individual protection equipment and other property of civil defense;

6) informing and the notification of the population, governing bodies of civil protection beforehand in the presence of the forecast about threat of emergence of emergency situation and (or) quickly in case of emergency situation;

7) protection of food, water sources (places of water intake for the economic and drinking purposes), food raw materials, fodder, animals and plants from radioactive, chemical, bacteriological (biological) infection, epizooty and epiphytoties;

8) ensuring industrial and fire safety;

9) creation, development and maintenance in permanent readiness of warning systems and communication;

10) monitoring, development and implementation of actions on decrease in impact or liquidation of dangerous factors of modern weapons of destruction;

11) ensuring forming, storage and use of the state reserve.

2. The basic principles of civil protection are:

1) organization of system of civil protection for territorial industry principle;

2) minimization of threats and damage to citizens and society from emergency situations;

3) permanent readiness of forces and means of civil protection for rapid response to emergency situations, civil defense and carrying out rescue and urgent works;

4) publicity and informing the population and the organizations about the predicted and arisen emergency situations, the taken measures for their prevention and liquidation, including liquidation of their effects;

5) justified risk and safety when carrying out rescue and urgent works.

Article 4. State system of civil protection

1. The state system of civil protection consists of territorial and industry subsystems.

Territorial subsystems are created at the regional, city and district levels for the prevention and liquidation of emergency situations and their effects, accomplishment of actions of civil defense within their territories and consist of the links corresponding to administrative-territorial division of these territories.

Industry subsystems are created by the central executive bodies for the organization of work on accomplishment of actions of civil protection within the competence.

2. The state system of civil protection has three levels: republican, territorial and object. Each level, except for object, includes:

governing bodies of civil protection;

control centers, services operational and on duty;

advisory advisory bodies - the commissions on the prevention and liquidation of emergency situations;

forces and means of civil protection;

communication systems, notification and information support.

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