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Law No. 387 “On the state of emergency.”

Country/Territory
Kazakhstan
Document type
Legislation
Date
2003 (2013)
Source
FAO, FAOLEX
Subject
Environment gen., General
Keyword
Hazards Flood Forest fires Early warning system Risk assessment/management Public health Data collection/reporting Access-to-information Human rights
Geographical area
Aral Sea, Asia, Caspian Sea, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia
Entry into force notes
This Law enters into force on the date of its official publication.
Abstract

This Law establishes the grounds, terms, procedure for introduction and action state of emergency on the whole territory of the Republic of Kazakhstan or in separate localities, the legal regime of a social emergency. Social emergency shall be intended an emergency situation, due to the occurrence of conflicts in a certain territory and conflicts in social relations that can or have caused the loss of life, the harm to health, significant property damage or disturbance of the vital activity of the population. State of emergency shall be intended a temporary measure, applied only for the purpose of ensuring the safety of citizens and protection of the constitutional order of the Republic of Kazakhstan and constituting a special legal regime for the functioning of state bodies, organizations that allow the establishment of some restrictions related to the rights and freedoms of citizens, foreigners and stateless persons, and also legal persons, and imposing additional obligations on them. The legal regime for a social emergency is a special regime for the emergency response and functioning of public authorities responsible for prevention and emergency response to social circumstances that constitute grounds for the introduction of the state of emergency. Period of validity of the legal regime of social emergency shall not exceed the time limit for removing the circumstances giving rise to it. Circumstances that lay grounds for the declaration of the state of emergency include: (a) natural and man-made emergencies caused by natural disasters (earthquakes, mudslides, avalanches, floods and others); (b) environmental crises, natural fires, epidemics and epizootics, damages to agricultural plants and forests by diseases and pests; (c) industrial, transport and other accidents, fires (explosions), accidents involving the release (threat of release) of potent poisons, radioactive and biologically hazardous substances; and (d) dam breaks, electric power accidents wastewater treatment plants accidents. The basis for the introduction of the state of emergency may also be the real risks of natural disaster or large-scale accident (disaster) based on substantiated report from the designated authority for civil protection. This Law consists of 6 Chapters divided into 25 Articles. Chapter 1 lays down general provisions. Chapter 2 establishes conditions, grounds, procedure for introduction and cancellation of the state of emergency. Chapter 3 regards special public administration bodies that are introduced during the state of emergency and the procedure for ensuring application of the state of emergency. Chapter 4 regards measures and time limits applied under conditions of the state of emergency and the ensuing crisis in socio-economic sector. Chapter 5 regards guarantees of rights and establishes responsibility of natural and legal persons, and also public officials, under conditions of the state of emergency. Chapter 6 lays down final provisions.

Full text
Russian
Website
adilet.zan.kz

References - Legislation

Implemented by

Presidential Decree No. 285 “On introduction of the state of emergency in the Republic of Kazakhstan.”

Legislation | Kazakhstan | 2020

Keyword: Public health, Hazards, Early warning system, Risk assessment/management

Source: FAO, FAOLEX

Governmental Decree No. 133 validating the procedure for setting price ceilings for foodstuffs and other commodities required for uninterrupted subsistence of the population and economy.

Legislation | Kazakhstan | 2020

Keyword: Food security, Social protection

Source: FAO, FAOLEX

Governmental Decree No. 146 validating the Regulation on the procedure for import and export of commodities necessary for uninterrupted subsistence of the population and economy.

Legislation | Kazakhstan | 2020

Keyword: Food security, International trade, Social protection

Source: FAO, FAOLEX

Presidential Decree No. 287 “On further measures to stabilize the economy.”

Legislation | Kazakhstan | 2020

Keyword: Food security, International trade

Source: FAO, FAOLEX

Governmental Decree No. 127 validating special procedure for public procurement.

Legislation | Kazakhstan | 2020

Keyword: Food security, Contract/agreement, Social protection

Source: FAO, FAOLEX

Order No. 109 of the Ministry of Labour and Social Protection of the population “On some issues of provision of state services in social and labour sphere and provision of food packages to some categories of the population for the period of emergency situation.”

Legislation | Kazakhstan | 2020

Keyword: Social protection, Food security

Source: FAO, FAOLEX

Presidential Decree No. 286 “On measures for ensuring socio-economic stability.”

Legislation | Kazakhstan | 2020

Keyword: Food security, International trade

Source: FAO, FAOLEX