Any developed state, taking care of its citizens, has the right to protect them by imposing a state of emergency in the presence of certain threatening circumstances. These situations can be of a diverse nature: from natural conflicts and raging elements to social and political. Do most citizens know that for their own good in such a period their certain rights and freedoms may be limited?
In what situations can this position be declared and how to behave with it? We will try to give answers to all these and other questions in this article. Let's start by defining the essence of this concept, then we will move on to the procedure for introducing an emergency, the timing and methods of alerting the population, types of temporary measures and restrictions on the rights and freedoms of people. In conclusion, we consider examples of other countries, the differences and similarities in the state of emergency abroad and in Russia.
Definition and essence
A state of emergency is such a special regime of a legal nature, the declaration of which requires special or emergency situations that pose a threat to the security of citizens of the country or its constitutional system. It can be introduced both throughout the country and in its individual areas and regions.
The essence of the state of emergency is that in order to protect citizens and protect constitutional order, local or state authorities, self-government bodies, enterprises and organizations operate in a special mode, usually expressed in restrictions on the part of state bodies of personal freedoms, social, economic, political and other rights of citizens. For example, citizens may have limited access to potentially dangerous areas.
The powers of state authorities are expanding, while additional duties may be assigned to citizens. The rights of the population may also be limited, but to a reasonable extent.
Restrictions may be provided for certain types of economic activity, if this activity not only poses a threat to the life and property of people, but also its cessation will help normalize the situation.
With the introduction of a state of emergency 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 as a whole and the constitutional order. In the Russian Federation, the main federal law determining the regime, conditions and nature of the special regime is the law of 2001 on the state of emergency.
Alert and Dates
A state of emergency is a temporary measure, which under the law should not exceed thirty days throughout the Russian Federation, sixty days for certain regions, cities and localities of our country. When these terms expire, this mode is considered completed, but if the objectives of the introduced provision are not achieved, then its duration is extended. The president can do this through a decree issued. If the circumstances that caused the state of emergency are eliminated before the established deadlines, the President of the Russian Federation may announce ahead of schedule a complete or partial termination of its validity.
Authorities of any level have the obligation to reliably and promptly inform the public about possible or already arising emergency situations. The notification should also contain information on ways and measures to protect citizens during an emergency. Informing should be both about the beginning of the regime, and about its completion. Means of notification can be any (SMS notification, radio, television, etc.). The main thing is to declare a state of emergency on time and bring this information to the population as quickly as possible.
Circumstances for the introduction
As already mentioned, a state of emergency is declared only when forecasting or the occurrence of certain circumstances that threaten the health or life of the population, as well as to protect the constitutional order, provided that such circumstances can only be eliminated with the use of emergency measures. These circumstances are considered by law, they are:
- all conflicts, armed seizures, terrorist attacks, riots on various grounds or riots, leading to a violent change in the constitutional system of the country, which creates a dangerous situation for citizens, their property and health;
- dangerous situations of anthropogenic or natural and environmental nature, as well as epidemics that occurred during accidents, emergency natural or natural events, disasters or other disasters that entail or may result in property losses, disruption of life style, damage to health or loss of human life, requiring large-scale emergency rescue and other works.
Order of Introduction
The state of emergency is being introduced by the president of the Russian Federation by issuing an appropriate decree. This is followed by an immediate message about this chamber of the Council of the Federation and the chamber of the Federal Assembly with its subsequent approval.
The following definitions should contain a decree on a state of emergency:
- circumstances as a result of which the situation arose;
- rationale for its introduction;
- territorial boundaries with the current situation;
- what forces and means provides emergency mode;
- 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;
- state bodies and officials responsible for the implementation of measures;
- the duration of the provision and the time of entry into force of the decree
This is followed by the promulgation of the decree and its official publication, after which the Council of the Federation of the Federal Assembly considers and approves the decree no later than 72 hours after its promulgation. If the approval does not follow within the specified time, then the decree is no longer valid, the population is also informed about this through the media.
Types of time limits and measures
During emergency conditions, the measures applied are divided into:
- General or joint (in emergency situations of natural, technogenic and social nature). This is a special regime, the observance of which is mandatory during departure and entry, there is a suppression of freedom of movement in a state of emergency, reinforcement of measures to protect the rule of law and vital facilities, a ban on any public events, rallies, strikes and meetings, as well as a restriction the movement of vehicles.
- Social, political and anti-crime. These include curfews, mass verification of documents, suppression of the sale of alcohol, weapons and toxic substances, temporary seizure of ammunition and weapons, explosives and toxic substances, sending offenders to their place of residence at their expense or outside the state of emergency.
- In the case of natural and technological disasters. These include temporary evacuation of the population from hazardous areas, a special regime for the distribution of basic necessities and food, quarantine, change in working hours and mobilization of all enterprises, including state-owned ones. Officials of organizations may also be suspended during a state of emergency (for improper performance of their duties). It is allowed to use personal vehicles of citizens for emergency rescue operations.
Attracted forces and means
A state of emergency is provided by forces and means of the internal affairs bodies of the Russian Federation, bodies of the FSB of the Russian Federation and internal troops of the Ministry of Internal Affairs of the Russian Federation. Also can be used forces of formations, military units of civil defense, means and forces of the Ministry of Emergency Situations.
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 involved in ensuring a state of emergency. They can help the aforementioned forces and support a special regime of exit (entry), ensure the safety of vital objects, prevent clashes between conflicting parties, suppress the actions of illegal armed groups and take the maximum possible measures to eliminate the emergency.
To manage the necessary forces and means, the commandant of the emergency area is appointed by presidential decree. This person has the right to establish the time of curfew, issue relevant orders and necessary orders to be executed by both citizens and organizations at all levels. He is also engaged in alerting the population, is endowed with other powers.
Creation of special governing bodies
In areas with a state of emergency, through a presidential decree, if this regime is extended, special management can be introduced, temporary governing bodies of the district (territory) falling under the introduction of a special regime, and bodies of the federal level to manage such a region (if the situation is introduced throughout territory of the country).
The powers of the executive authorities of the district (locality) with a declared emergency are transferred to the created special temporary administration. The head of such a special body is appointed by presidential decree, the commandant of the emergency region will obey him, also acting as deputy.
All orders of the interim administration (both a separate district and the federal level) are binding. In the event of a state of emergency, the State Duma and the Federation Council will continue their work for the duration of this regime.
Military and emergency regimes
Despite the similarities on many points, it is still necessary to distinguish between martial law and emergency. They can declare martial law only if there is a threat of external aggression. That is, here the nature of the threats will be external. In an emergency, internal threats. The main provisions of the procedure for the introduction and abolition of martial law are approved at the legislative level.
Martial law may 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) by a foreign state. However, the terms wartime and martial law should also be distinguished. Wartime (state of war) means the time interval between the beginning and end of hostilities.
Fortunately, in the historical existence of the new Russia there were no cases of the introduction of martial law, just as a state of emergency was not introduced throughout the country.
The experience of other countries
A 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 the introduction and operation of such a provision. There are many similar points. For example, for almost all countries, emergency treatment is expressed in martial law and emergency. But the types of these regimes are different for countries. In France (as in Belgium, Argentina and Greece), besides these regimes, there is a state of siege and martial law. Military courts are introduced in Great Britain in martial law, and in the USA there are no strict differences between the two regimes - military and emergency.
The conditions for imposing a state of emergency are also different in all countries. In the same Foggy Albion, the basis for the application of this measure may be interruptions in the supply of territory with water, food, electricity or other resources. The French president must convene parliament to introduce emergency measures. The government is also authorized to impose a state of emergency in countries such as Ireland, Cyprus, Canada and Spain. The American National Guard completely passes under the authority of its president, and the further functioning of the state apparatus is also concentrated in the hands of the American president.
