On June 8, 2004 No. 681-IIQ
About emergency state of media
Emergency state - the particular legal regime according to the Constitution of the Azerbaijan Republic and this Law allowing the restrictions of constitutional rights and freedoms of citizens of the Azerbaijan Republic established by this Law, foreigners and stateless persons, and also the rights and legitimate interests of all legal entities irrespective of pattern of ownership, assignment on them subsidiary duties, and also regulating activities of relevant organs of the government and municipalities of domicile, officials of data of bodies in certain areas of the Azerbaijan Republic.
Emergency state is temporary measure and the purpose of introduction of emergency state the fastest liquidation of the circumstances which led to its introduction, legality recovery, providing the rights and freedoms of citizens, foreigners and stateless persons, creation of conditions for normal activities of relevant organs of the government and municipalities of domicile, all legal entities irrespective of pattern of ownership, and protection of the constitutional system of the Azerbaijan Republic is.
This Law determines the bases and procedure for application of emergency state, and also the legal basis of the extraordinary ecological mode of social nature according to Items 1, 8 and 20 parts I of article 94 of the Constitution of the Azerbaijan Republic.
2-2.1. The extraordinary circle of social nature caused by the emergency situations which entailed or able to cause violation of conditions of life activity of the population, including death of people, significant damage to health of the population, property or the environment in all territory or in separate parts of the Azerbaijan Republic is environment which is not considered the basis for application of emergency state.
2-2.2. The mode of the extraordinary circle of social nature - the particular legal regime providing implementation by state bodies (organizations) of the actions connected with liquidation of the extraordinary circle immediately and in interrelation without restriction of implementation of rights and freedoms of man and citizen.
2-2.3. The mode of the extraordinary circle of social nature is applied in all territory of the Azerbaijan Republic or in its separate parts by regulatory legal act of relevant organ of the executive authority. The regulatory legal act about introduction of the mode of the extraordinary circle of social nature shall be immediately announced in mass media, including is officially published within 24 hours.
2-2.4. The term of application of the mode of the extraordinary circle of social nature cannot exceed the term of liquidation of the emergency situations which were the basis for application of this mode.
2-3.1. Except for the measures limiting implementation of rights and freedoms of man and citizen in case of application of the mode of the extraordinary circle of social nature all necessary measures for liquidation of this extraordinary circle, including for assistance to victims are taken.
2-3.2. Actions for liquidation of the extraordinary circle of social nature are performed according to the Constitution of the Azerbaijan Republic, this Law, other regulatory legal acts and international treaties which participant is the Azerbaijan Republic, in the limits following from gravity of the extraordinary circle.
2-3.3. The commission (headquarters) as a part of representatives of the relevant state bodies (organizations) is created by relevant organ of the executive authority for the immediate and interconnected implementation of actions for liquidation of the extraordinary circle of social nature. The procedure for activities of the commission (headquarters) on liquidation of the extraordinary circle of social nature is determined by relevant organ of the executive authority.
2-3.4. Officials of state bodies (organizations) of the Azerbaijan Republic, local government bodies, all legal entities irrespective of patterns of ownership, citizens of the Azerbaijan Republic, foreigners and stateless persons in the Azerbaijan Republic shall follow the rules of conduct established in case of application of the mode of the extraordinary circle of social nature, and they shall carry out timely assigned tasks and give help in accomplishment of the rescue and other urgent works undertaken for liquidation of the extraordinary circle of social nature in necessary cases.
2-3.5. Citizens of the Azerbaijan Republic, foreigners and stateless persons in the Azerbaijan Republic have the right to the complete and objective information about the necessary security measures taken in the territory where the mode of the extraordinary circle of social nature is effective.
2-3.6. In case of application of the mode of the extraordinary circle of social nature types and procedure of actions for liquidation of the extraordinary circle and procedure for creation, use and recovery of the state resources are determined by relevant organ of the executive authority.
2-3.7. After liquidation of the extraordinary circle of social nature recovery of normal life activity of the population is provided by the relevant state bodies (organizations) which are part of the commission (headquarters), the stipulated in Article 2-3.3 presents of the Law. The regulatory legal act, the stipulated in Article 2-2.3 presents of the Law, is subject to cancellation immediately after liquidation of the extraordinary circle of social nature.
Bases of introduction of emergency state are determined by article 112 of the Constitution of the Azerbaijan Republic.
4.1. In certain areas of the Azerbaijan Republic state of emergency is imposed by the regulatory legal act adopted by relevant organ of the executive authority.
4.2. The regulatory legal act shall be without delay declared introduction of emergency state through media, is published according to the Constitutional law of the Azerbaijan Republic "About regulatory legal acts".
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