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Constitutional Law No. 135 On the state of emergency.

Country/Territory
Kyrgyzstan
Document type
Legislation
Date
1998 (2015)
Source
FAO, FAOLEX
Subject
General
Keyword
Human rights Local government Risk assessment/management Hazards
Geographical area
Asia, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia
Entry into force notes
This Constitutional Law enters into force on the date of its official publication.
Abstract

State of emergency is a temporary measure introduced throughout the territory of the Kyrgyz Republic or in its separate areas, applied exclusively in the interests of ensuring the safety of its citizens and protecting the constitutional order and representing a special legal regime for the activities of state bodies, local governments, organizations, regardless of ownership, allowing the application of individual restrictions on the rights and freedoms of citizens, foreign citizens and stateless persons, as well as the rights of legal entities and imposing additional obligations on them. Crisis situation is a combination of factors (circumstances) biological (epidemics, epizootics, epiphytoties), social (armed rebellion, interethnic conflicts, riots involving violence and threat to people's lives, armed seizure and blocking of roads of national significance and strategic objects, including their damage) and natural-technogenic (natural disasters, destruction) nature, posing a direct threat to the constitutional order, the vital interests of the individual, society, the normal mode of operation of state bodies and local governments. A state of emergency in the Kyrgyz Republic is introduced in the event of a crisis, the elimination of which is impossible without the application of emergency measures: (a) biological nature: epidemics, epizootics, epiphytoties; (b) social nature: armed rebellion, interethnic conflicts, riots involving violence and threat to people's lives, armed seizure and blocking of roads of national significance and strategic facilities, including their damage; and (c) natural and man-made nature: natural disasters, destruction, if they pose a direct threat to the constitutional order, the vital interests of the individual, society, the normal mode of operation of state bodies and local governments. The Jogorku Kenesh (Parliament) of the Kyrgyz Republic introduces a state of emergency throughout the territory of the Kyrgyz Republic, approves or cancels decrees of the President of the Kyrgyz Republic on this issue. The Decree of the President of the Kyrgyz Republic on the introduction of a state of emergency in certain areas of the territory of the Kyrgyz Republic is subject to transfer to the Jogorku Kenesh (Parliament) of the Kyrgyz Republic immediately, on the same day. The Jogorku Kenesh of the Kyrgyz Republic, by its resolution, no later than 3 days, must approve the Decree of the President of the Kyrgyz Republic on the introduction of a state of emergency in certain areas of the territory of the Kyrgyz Republic or cancel it. The period of validity of a state of emergency introduced throughout the territory of the Kyrgyz Republic may not exceed 30 days, and imposed on a part of the territory of the Kyrgyz Republic - 60 days. After this period, the state of emergency is terminated or extended for the same period by the Jogorku Kenesh (Parliament) of the Kyrgyz Republic. This Law contains VII Chapters divided into 37 Articles. Chapter I lays down general provisions. Chapter II establishes conditions, grounds and procedure for introduction f a state of emergency. Chapter III regards forms of state government introduced for the period of state of emergency. Chapter IV specifies measures applied in a state of emergency. Chapter V establishes responsibility for violation of the state of emergency. Chapter VI establishes guarantees of the rights of citizens and legal entities under the emergency regime. Chapter VII lays down final provisions.

Full text
Russian
Website
cbd.minjust.gov.kg