State of emergency: the essence, the conditions for the introduction

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:44

Any developed state, taking care of its citizens, has the right to protect them by introducing a state of emergency in the presence of certain threatening circumstances. These situations can be of a diverse nature: from natural collisions and raging elements to social and political ones. Do the majority of citizens know that for their own good some of their rights and freedoms may be restricted during such a period?

In what situations can this position be announced and how to behave in it? We will try to answer all these and other questions in this article. Let's start by defining the essence of this concept, then move on to the procedure for introducing a state of emergency, the timing and methods of notifying the population, the types of temporary measures and restrictions on the rights and freedoms of people. In conclusion, let's look at examples from other countries, differences and similarities in state of emergency regimes abroad and in Russia.

Definition and essence

A state of emergency is a special regime of a legal nature, the declaration of which requires special oremergency situations that pose a threat to the security of the citizens of the country or its constitutional order. It can be administered both throughout the country and in its individual regions and regions.

The essence of the state of emergency is that in order to ensure the protection of citizens and the protection of the constitutional order, local or state authorities, self-government bodies, enterprises and organizations work in a special regime, usually expressed in restrictions on the part of state bodies of personal freedoms, social, economic, political and other rights of citizens. For example, citizens' access to potentially dangerous territory may be restricted.

The powers of state authorities are expanding, at the same time additional responsibilities can be assigned to citizens. The rights of the population may also be limited, but within reasonable limits.

Restrictions may also be provided for certain types of economic activity, if this activity not only poses a threat to life and property of people, but its termination will also help normalize the situation.

When a state of emergency is introduced in the Russian Federation, the provisions of the current legislation may be canceled in whole or in part. It is also a protective measure for citizens, society in general and the constitutional order. In the Russian Federation, the main federal law that defines the regime, conditions and nature of the special regime is the 2001 Law on the State of Emergency.

Notification and timing

Emergencythe provision is a temporary measure, which, according to the legislation, should not exceed thirty days throughout the territory of the Russian Federation, sixty days for certain regions, cities and localities of our country. When these deadlines expire, this regime is considered completed, but if the goals of the introduced provision are not achieved, then its duration is extended. This can be done by the President by means of an issued decree. If the circumstances that caused the state of emergency are eliminated ahead of schedule, the President of the Russian Federation may announce ahead of schedule the full or partial termination of its operation.

Authorities of any level are responsible for reliable and timely informing the population about possible or already occurring emergencies. The notification should also contain information about the methods and measures to protect citizens during an emergency. Informing should be both about the beginning of the regime, and about its end. Notification means can be any (SMS notification, radio, television, etc.). The main thing is to declare a state of emergency in time and convey this information to the population as quickly as possible.

Introduction Circumstances

As already mentioned, a state of emergency is declared only when certain circumstances are predicted or occur that threaten the he alth or life of the population, as well as to protect the constitutional order, provided that such circumstances can be eliminated only with the use of emergency measures. These circumstances are taken into account by law, theyare:

• all conflicts, armed seizures, terrorist attacks, riots on various grounds or rebellions leading to a violent change in the constitutional order of the country, which creates a dangerous situation for citizens, their property and he alth;
• hazardous situations of a man-made or natural and ecological nature, as well as epidemics that occurred during accidents, natural or natural disasters, catastrophes or other disasters that cause or may cause property losses, disruption of life, damage to he alth or loss human lives requiring large-scale emergency rescue and other work.

Introduction order

A state of emergency is being introduced by the President of the Russian Federation by issuing a corresponding decree. This is followed by an immediate message about this to the chamber of the Federation Council and the chamber of the Federal Assembly, followed by its approval.

The following definitions must contain a state of emergency decree:

• circumstances that gave rise to the situation;
• justification for its introduction;
• territorial borders with current regulations;
• what forces and means ensure the emergency regime;
• a list of emergency measures, a list of the rights of citizens of the Russian Federation, as well as foreigners and stateless persons, subject to temporary restriction;
• government bodies and officials responsible for the implementation of measures;
• terms of validity of the provision and the time of entry intoforce of decree.

Then follows the promulgation of the decree and its official publication, after which the Federation Council of the Federal Assembly considers and approves the decree no later than 72 hours from the moment of its promulgation. If the approval is not followed within the specified time, then the decree becomes invalid, the population is also notified about this through the media.

Types of temporary restrictions and measures

During the state of emergency, the measures applied are divided into:

1. General or joint (in emergency situations of a natural-technogenic and social nature). This is a special regime, observance of which is mandatory during exit and entry, there is a suppression of freedom of movement in the territory of the state of emergency, strengthening measures for the protection of law and order and important objects for life, a ban on holding any public events, rallies, strikes and meetings, as well as restriction movement of vehicles.
2. Social, political and anticriminogenic. These include a curfew, mass document checks, suppression of the sale of alcoholic beverages, weapons and poisonous substances, temporary seizure of ammunition and weapons, explosives and poisonous substances, sending violators of the order to their place of residence at their expense or outside the territory of the state of emergency.
3. In the event of natural and man-made disasters. These include temporary evacuation of the population from dangerous areas, a special regime for the distribution of basic necessities and food, the introductionquarantine, changing the mode of operation and mobilization of all enterprises, including state-owned ones. Officials of organizations may also be suspended for the duration of the state of emergency (for improper performance of their duties). The use of personal vehicles of citizens for emergency rescue operations is allowed.

Engaged forces and facilities

The state of emergency is being enforced by the forces and means of the internal affairs bodies of the Russian Federation, the Federal Security Service of the Russian Federation and the internal troops of the Ministry of Internal Affairs of the Russian Federation. The forces of formations, military units of civil defense, the means and forces of the Ministry of Emergency Situations can also be used.

In addition to these forces and means, in rare cases and only by decree of the President of the Russian Federation, the armed forces of the Russian Federation can be engaged in ensuring the state of emergency. They can help the above-mentioned forces and provide support for a special exit (entry) regime, ensure the safety of vital facilities, prevent clashes between conflicting parties, stop the actions of illegal armed groups and take the maximum possible measures to eliminate the emergency situation.

To manage the necessary forces and means, a commandant of the emergency area is appointed by presidential decree. This person has the right to establish the duration of the curfew, issue relevant orders and necessary orders to be executed by both citizens and organizations of all levels. He is also engaged in public notification, is endowed with otherpowers.

Creation of special controls

In areas with a state of emergency, by means of a presidential decree, in the event of prolongation of the operation of this regime, special management can be introduced, temporary authorities of the district (territory) subject to the introduction of a special regime, and federal-level authorities of such an area (when introducing a provision throughout the country).

The created special temporary administration is transferred in full or in part the powers of the executive authorities of the district (locality) with a declared state of emergency. The head of such a special body is appointed by presidential decree, the commandant of the emergency region will be subordinate to him, also acting as a deputy.

All orders of the interim administration (both a separate district and the federal level) are binding. In the event of a nationwide state of emergency, the State Duma and the Federation Council will continue their work for the duration of such a regime.

Military and emergency regimes

Despite the similarities on many points, it is still necessary to distinguish between a state of war and a state of emergency. Martial law can be declared only if there is a threat of external aggression. That is, here the nature of the threats will be external. In a state of emergency, the threats are internal. The main provisions of the procedure for the introduction and lifting of martial law have been approved at the legislative level.

Martial law can be introduced in case of an existing or potential external threat to the integrity of the borders of the Russian Federation or aggression (with the use of armed forces) from a foreign state. However, one should also distinguish between the terms wartime and martial law. Wartime (a state of war) means the time period between the start and end of hostilities.

Fortunately, in the historical existence of the new Russia, there were no cases of martial law, just as there was no state of emergency throughout the country.

Experience from other countries

State of emergency is the state security measure that is applied in all countries of the world. Each country has its own national system for introducing and operating such a provision. There are many similarities as well. For example, for almost all countries, the emergency regime is expressed in a state of war and a state of emergency. But the types of these regimes vary from country to country. In France (as in Belgium, Argentina and Greece), in addition to these regimes, there is a state of siege and a state of martial law. The UK introduces military courts under martial law, while the US does not distinguish between the two regimes - military and emergency.

The conditions for introducing a state of emergency are also different for all countries. In the same Foggy Albion, the grounds for applying this measure may be interruptions in the supply of the territory with water, food, electricity or other resources. The French President must convene Parliament to introduce emergency measures. Also the governmentauthorized to impose a state of emergency in countries such as Ireland, Cyprus, Canada and Spain. The American National Guard is completely transferred under the authority of its president, and the further functioning of the state apparatus is also concentrated in the hands of the American president.

Final information

State of emergency is a situation that reflects the relationship between methods of legal influence and administrative means. First of all, it protects the interests of citizens, in extreme situations it serves as a political and legal instrument of civil society.

At first glance, it may seem that the main signs of a state of emergency are the strengthening of the measures of the authorities and the restriction of fundamental freedoms and rights of a citizen. But at the same time, this provision implements the constructions and ideas of a constitutional state based on the principles of democracy and constitutionalism.

The state of emergency is designed to protect the country from disrupting the development of social processes. Both certain natural forces that are beyond human control, and purposeful (or even non-purposeful) human actions in the form of conflicts, terrorist attacks and accidents can prevent them.

Only in a state of emergency, the state has all the legal instruments aimed at relieving social tension, eliminating the threat to public security and localizing the conflicts that have arisen. And in extreme situations of technogenic, ecological and natural nature, measures applied as correctly as possible in situations of a special regime,help to minimize property damage and save precious human lives.