Constitutional law of the Russian Federation. Legislation on a state of emergency in the Russian Federation (main provisions) (most important)

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Constitutional law of the Russian Federation. Legislation on a state of emergency in the Russian Federation (main provisions) (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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40. LEGISLATION ON THE STATE OF EMERGENCY IN THE RUSSIAN FEDERATION (MAIN PROVISIONS)

In 2001, the Federal Law "On the state of emergency" was adopted, in accordance with the provision of Part 2 of Art. 56 of the Constitution of the Russian Federation.

State of emergency (PE) - a special temporary legal regime - is introduced to eliminate, with the help of emergency measures, circumstances that pose a direct threat to the life and security of citizens or the constitutional order of the Russian Federation.

Circumstances of this kind can be grouped into two groups:

1. Circumstances social character: attempts to forcibly change the constitutional order of the Russian Federation, seize (appropriate) power, armed rebellion, riots, terrorist acts, etc.

2. Circumstances natural character: emergencies (eg epidemics).

The state of emergency (both throughout the territory of the Russian Federation and in certain areas) is introduced by a reasoned decree of the President of the Russian Federation, which is immediately promulgated and submitted for approval to the Federation Council (the Federation Council must consider the presidential decree within 72 hours after its promulgation, otherwise, after the specified time this decree is no longer valid). The maximum duration of the state of emergency introduced throughout the territory of the Russian Federation is 30 days, in some areas - 60 days.

The Decree of the President of the Russian Federation on the introduction of a state of emergency may provide for the following measures and temporary restrictions in the territory, where the state of emergency is established:

1. In case of emergency, regardless of the circumstances that determined its introduction, - complete (partial) suspension of the powers of executive authorities of constituent entities of the Russian Federation, local self-government, suspension of the validity of their acts; establishing restrictions on the implementation of certain types of financial and economic activities (for example, a special procedure for the distribution and movement of certain goods, suspension of the activities of hazardous industries); prohibition (restriction) of holding mass events and strikes; evacuation of material and cultural assets to safe areas; strengthening public order (eg traffic restrictions and vehicle searches).

2. In case of emergency introduced due to social circumstances, - introduction of a curfew; restriction of freedom of activity of the media and journalists, implementation of preliminary censorship; suspension of the activities of public associations; checking citizens’ identity documents, personal searches of citizens, searches of their belongings, homes, vehicles; restriction (prohibition) of the sale of weapons, ammunition, toxic substances, establishment of a special regime for the circulation of narcotic, alcoholic and other similar substances.

3. In case of emergency introduced due to natural circumstances, - temporary resettlement of persons to safe areas; introduction of quarantine, holding special events; attracting government material reserve, mobilization of resources of all organizations.

Even in an emergency не допускается the creation of emergency courts, the introduction of emergency proceedings, but the territorial jurisdiction of courts of general jurisdiction (arbitration courts) may be changed by decision of the Supreme Arbitration Court of the Russian Federation (SAC RF).

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