Safety measures imposed state of emergency

The official announcement of a state of emergency in the country. Legal measures that State Party may begin to reduce some of its obligations under the International Covenant on Civil and Political Rights. Ensure public order in emergency situations.
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Introduction

1. Concept, aim, term and legal basis of extraordinary

2. Terms and causes of emergency

3. Action formations at carrying emergency measure and ensure public order in emergency situations

4. Planning civil defense measures in the tax militia units

5. Legal measures the state of emergency that introduced emergency conditions

Conclusions

References

announcement emergency public order



Introduction

Emergency - an exceptional situation when threatened is "life of the nation." The state of emergency must be officially proclaimed state. The danger of the "life of the nation" can provide foreign military occupation, social unrest, such as riots or other internal differences that seriously threaten law and order in the country.

Since 1945, the concept of "state of emergency" replaced the phrase "state of war" and "siege situation." The state of emergency - a concept that is of limited value. For example, it does not cover natural disasters, which often serve to justify the suspension of the implementation of the state of human rights. Measures that State Party may begin to reduce some of its obligations under the International Covenant on Civil and Political Rights, must meet three conditions:

* they should be "event caused by extreme necessity of the situation."

* they must not "conflict with other obligations of the state to international law."

* They should not cause discrimination solely on the basis of race, color, sex, language, religion or social origin.



1. Concept, aim, term and legal basis state of emergency

The state of emergency - a special legal regime can be introduced temporarily in Ukraine or in its particular areas in emergency situations of technogenic and natural character is below the national level that have led or may lead to human and material losses, endangering the lives and health of citizens, or when trying to capture state power or change the constitutional order by force and Ukraine provides the concerned authorities, military commanders and local authorities under this Act the powers necessary to prevent danger, security and public health, proper functioning national economy, state and local governments, the protection of the constitutional system, but also allows the temporary threat-induced restriction of the exercise of constitutional rights and freedoms of man and citizen, and the rights and legitimate interests of legal persons of the period of validity of these restrictions.

The purpose of emergency is to eliminate the threat and fastest elimination particularly serious technogenic emergencies or natural origin, normalcy, restore law and order when trying to capture state power or change the constitutional order by force, to restore constitutional rights and liberties, and the rights and legitimate interests entities, creating conditions for the normal functioning of state and local governments, and other institutions of civil society.

The legal basis of the state of emergency is the Constitution of Ukraine, the Law of Ukraine "On the legal state of emergency" and other laws of Ukraine and the President of Ukraine Decree imposing a state of emergency in Ukraine or in its particular areas approved by the Verkhovna Rada of Ukraine.

According to the Law of Ukraine "On the legal state of emergency" state of emergency in Ukraine may be imposed for a period not exceeding 30 days and not more than 60 days in its particular areas.

If necessary, a state of emergency may be extended by the President of Ukraine, but not more than 30 days. Decree of the President of Ukraine to extend the state of emergency shall take effect upon its approval by the Verkhovna Rada of Ukraine.

The state of emergency in Ukraine or in its particular areas may be waived by the President of Ukraine before the term for which he was introduced, where elimination of the circumstances that necessitated the introduction of a state of emergency.

On the proposal to abolish the state of emergency to the President of Ukraine may seek Supreme Council of Ukraine.

The state of emergency on the territory of the Autonomous Republic of Crimea or in its particular areas may be canceled at the initiative of the Verkhovna Rada of the Autonomous Republic of Crimea.

Proposals to repeal the state of emergency in Ukraine or in its particular areas, entered the grounds provided by paragraph 1 of Article 4 of this Law shall be submitted by the Cabinet of Ministers of Ukraine.

On the abolition of emergency announced immediately through the media or otherwise after the publication of the relevant Decree of the President of Ukraine.

2. Terms and causes state of emergency

No country in the world, regardless of their level of economic development, is not immune from emergencies that arise unexpectedly almost always characterized by a transition government for emergency management and the special method of regulating social relations in all areas of life, increased risk for the normal functioning of the state and life and health of citizens.

Purpose, terms and conditions of emergency regime in any country, the types of emergencies for which introduces an extraordinary state-legal status, its validity, guarantee constitutional rights and freedoms of man and citizen in a state of emergency and others. provides special laws. Yes, Ukraine has a law "On legal regime of the state of emergency."

In the Ukrainian legal literature to the general concept of state of emergency legal regime include: martial law, state of emergency treatment zone of ecological emergency, a special situation. The Law of Ukraine "On the legal state of emergency" does not provide differentiation state of emergency legal regime for such subspecies. In Art. 1 provides a general definition of a state of emergency as a "special legal regime that may temporarily be introduced in Ukraine or in its particular areas in emergency situations of technogenic and natural character is below the national level that have led or may lead to human and material losses, threaten life and health of citizens, or when trying to capture state power or change the constitutional order by force and Ukraine provides the concerned authorities, military commanders and local authorities under this Act the powers necessary to prevent danger and safety and health ' I citizens of the normal functioning of the national economy, state and local governments, the protection of the constitutional system, but also allows the temporary threat-induced restriction of the exercise of constitutional rights and freedoms of man and citizen, and the rights and legitimate interests of legal persons of the period of validity of these constraints. "

Extraordinary public-legal regime is an extreme measure and is used when normalize the situation through other measures impossible. For a state of emergency should be available conditions and reasons provided above the law of Ukraine.

Grounds - regulations which are the legal basis of state of emergency legal regime. According to Article 3 of the Law of Ukraine "On the legal state of emergency" legal basis for a state of emergency in Ukraine or in its particular areas is the Constitution of Ukraine, in particular Art. 106 § 21 establishes the right of the President of Ukraine in case of need to make decisions about the introduction in Ukraine or in its particular areas of state of emergency - with the subsequent approval of the Verkhovna Rada of Ukraine. In Art. 64 of the Constitution of Ukraine stated that "the constitutional rights and freedoms of man and citizen may not be restricted, except as provided by the Constitution. Under martial law or a state of emergency may be specific restrictions on rights and freedoms of the period of validity of these restrictions. " Also in the aforementioned article of the Constitution of Ukraine provides a list of rights that can not be a violation under any circumstances, including when you enter a state of emergency. In the legal framework of emergency owns this Act and other laws of Ukraine, which include the Law of Ukraine "On Legal Regime of Martial Law," "On the zone of ecological emergency", "On protection of population and territories from emergency situations of technogenic and natural character" , "On Combating Terrorism" and others. Also the legal framework introducing the state of emergency related international instruments, to which Ukraine. For example, the International Covenant "On Civil and Political Rights" enshrines the principles of a state of emergency, purpose, terms and order of administration, law and liberty can not be limited in terms of the present constitutional and legal regime. As noted above, the President of Ukraine has the authority to decide on a state of emergency in Ukraine or in its particular areas. Based on this decision the President of Ukraine issued a decree imposing a state of emergency in Ukraine or in its particular areas to be approved by the Verkhovna Rada of Ukraine. Decree of the President of the state of emergency suspends some legislation restricts the rights and freedoms of man and citizen (other than those referred to in Art. 64 of the Constitution of Ukraine), organizes the activities of public authorities, in which a duty to implement the emergency measures condition. Decree is mandat...