Article 3-1. The legal regime of a social emergency Law on the State of Emergency

Home / RLA / Article 3-1. The legal regime of a social emergency Law on the State of Emergency

1. The legal regime of a social emergency is a special regime of emergency response and functioning of State bodies responsible for the prevention and elimination of social emergencies, and allows for the establishment of certain temporary restrictions on the rights and freedoms of individuals and legal entities with additional responsibilities.

Circumstances of a social emergency may be grounds for the imposition of a state of emergency.

The legal regime of a social emergency is introduced when there is a threat to democratic institutions, independence and territorial integrity, political stability of the Republic of Kazakhstan, the security of its citizens, and its localization and elimination can be carried out by the forces and means of state bodies for the prevention and elimination of a social emergency without the introduction of basic, additional measures and time restrictions applied when a state of emergency is declared.

2. The legal regime of a social emergency is introduced in certain localities by the decision of the head of the state body for the prevention and elimination of a social emergency or the regional (city of republican significance, capital) operational headquarters.

3. The operational headquarters is the working body of the emergency response and management system under the legal regime of a social emergency.

4. In the event of a threat or occurrence of a social emergency, state and local executive bodies are obliged to provide assistance and provide the necessary assistance to the state body for the prevention and elimination of a social emergency.

5. In order to prevent and eliminate a social emergency, the State body for the prevention and elimination of a social emergency may:

1) to use transport (except for representative offices of foreign states and international organizations with diplomatic immunity) to arrive in a social emergency zone, as well as to deliver persons in need of emergency medical care to medical institutions, if delay may pose a real threat to human life or health, with compensation for material damage to the owners in the event of infliction in accordance with the procedure determined by the Government of the Republic of Kazakhstan;

2) excluded by the Law of the Republic of Kazakhstan dated 18.03.2019 No. 237-VI (effective twenty-one calendar days after the date of its first official publication);

3) take other measures provided for by the legislation of the Republic of Kazakhstan.

5-1. In order to take measures to prevent and eliminate a social emergency and its consequences, the State body for the prevention and elimination of a social emergency has the right to use the material assets of the state material reserve. The release of material assets from the state material reserve in the order of disbandment for taking measures to prevent and eliminate a social emergency and its consequences is carried out by decision of the state bodies for the prevention and elimination of a social emergency in coordination with the authorized body in the field of the state material reserve in accordance with the procedure determined by the Government of the Republic of Kazakhstan.

Reimbursement of costs for the material assets of the state material reserve used to take measures to prevent and eliminate a social emergency and its consequences is carried out at the expense of the reserve of the Government of the Republic of Kazakhstan.

5-2. In cases of social emergencies or the introduction of a state of emergency, transportation of material assets of the state material reserve is carried out by transport organizations as a matter of priority.

Tangible assets released from the state material reserve for taking measures to prevent and eliminate a social emergency and its consequences are accepted by transport organizations for transportation upon presentation of tangible assets without prior payment.

Reimbursement of expenses for transportation of material assets of the state material reserve is carried out at the expense of the reserve of the Government of the Republic of Kazakhstan.

6. The duration of the legal regime of a social emergency should not exceed the time limit for eliminating the circumstances that served as the basis for its introduction.

The legal regime of a social emergency is considered to be abolished in the event of the introduction of a state of emergency in this area or throughout the territory of the Republic of Kazakhstan.

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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