Article 13. Powers of the commandant of the area where the state of emergency has been introduced The Law On the State of Emergency

Home / RLA / Article 13. Powers of the commandant of the area where the state of emergency has been introduced The Law On the State of Emergency

1. The Commandant's Office of the area where the state of emergency has been introduced carries out its activities to ensure the state of emergency in cooperation with local executive bodies.

The commandant's office of the locality is formed by the commandant, appointed by the President of the Republic of Kazakhstan, and the staff of the commandant's office of the locality, whose composition is determined based on the circumstances that served as the basis for the introduction of the state of emergency.

The Commandant reports to the President of the Republic of Kazakhstan, and when establishing a State Commission, to the President of the Republic of Kazakhstan and the Chairman of the State Commission.

A representative is appointed as the area commander:

The National Security Committee of the Republic of Kazakhstan during mass crossing of the State Border of the Republic of Kazakhstan from the territories of neighboring states; during attempts to forcibly change the constitutional order of the Republic of Kazakhstan; acts of terrorism; during actions aimed at forcibly seizing power or forcibly retaining power in violation of the Constitution of the Republic of Kazakhstan; armed rebellion; sabotage;

Ministry of Internal Affairs of the Republic of Kazakhstan during mass riots; interethnic and interfaith conflicts; blockade or seizure of certain areas, especially important and strategic facilities by extremist groups; training and activities of illegal armed groups;

The Ministry of Defense of the Republic of Kazakhstan in case of provocative actions by other states with the aim of imposing an armed conflict; violation of the territorial integrity of the Republic of Kazakhstan;

Ministry of Emergency Situations of the Republic of Kazakhstan in natural and man-made emergencies.

The President of the Republic of Kazakhstan, based on an analysis of the development of the situation in the area where a state of emergency has been imposed, has the right, at his discretion, to appoint a representative of any state body as the commander of the area.

2. The commandant of the area where the state of emergency has been introduced:

1) issues, within the limits of its powers, orders and orders on ensuring the state of emergency, which are mandatory for execution in the relevant territory by all individuals and legal entities, officials, local government and self-government bodies, as well as heads (commanders) of internal affairs bodies, territorial bodies of the authorized body in the field of civil protection, military formations, located (deployed) in an area where a state of emergency has been declared, and additionally involved in ensuring the state of emergency;

2) imposes restrictions on individuals to leave a certain area for a specified period, expels violators of public order who are not residents of the area at their expense to their place of permanent residence or outside the area where a state of emergency has been declared, and also takes measures to ensure law and order in the area where a state of emergency has been imposed;

3) in cases of insufficient places in special institutions providing temporary isolation from society, determine additional places of detention for detainees who violated the state of emergency;

4) suspends heads of organizations from work for the duration of the state of emergency in connection with their improper performance of their duties, orders and orders of the commandant, informing the State Commission about this.;

5) appeals to the President of the Republic of Kazakhstan with proposals on the need to apply the Armed Forces of the Republic of Kazakhstan, additional measures and time restrictions provided for by this Law in the area where a state of emergency has been imposed, and ensures the implementation of these measures;

6) submits proposals to the Government of the Republic of Kazakhstan on additional financing of measures to ensure the state of emergency;

7) notify, through the mass media, the population of the relevant area of the need to comply with the measures and time restrictions imposed in a state of emergency.;

8) has the right to participate in all meetings of local representative and executive bodies and to make proposals on issues within its competence.;

9) carries out the accreditation of journalists at the commandant's office of the area where the state of emergency has been introduced;

9-1) coordinates the activities of local executive bodies, organizations, territorial bodies of internal affairs of the Republic of Kazakhstan, territorial bodies of the authorized body in the field of civil protection, military formations located (deployed) in the area where a state of emergency has been introduced, and additionally involved state bodies to ensure a state of emergency;

10) exercise other powers in accordance with the legislation of the Republic of Kazakhstan.

3. The labor relations of the employees of the local commandant's office are regulated in accordance with the legislation of the Republic of Kazakhstan.

4. The formation of the commandant's office of the area where the state of emergency has been introduced does not suspend the activities of local representative and executive bodies operating in the specified territory.

5. In order to ensure a state of emergency in the territory where a state of emergency has been imposed, the commandant of the area has the right, by his order, to suspend for the period of the regime the validity of normative legal acts of local executive and representative bodies, central state bodies that prevent the elimination of circumstances that served as the basis for the introduction of a state of emergency.

The Law of the Republic of Kazakhstan dated February 8, 2003 No. 387.

This Law establishes the grounds, terms, procedure for the introduction and operation of a state of emergency throughout the territory of the Republic of Kazakhstan or in its individual localities, and the legal regime of a social emergency.

President

Republic of Kazakhstan

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