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03/18/2026

The Law of the Republic of Kazakhstan dated 8 February 2003 No. 387-II "On State of Emergency"

Year: 2003

Type: Domestic law

Rights Category: Housing, land & property

Description

The Law of the Republic of Kazakhstan dated February 8, 2003 No. 387-II "On the State of emergency" defines the grounds, terms and procedure for the introduction of a state of emergency throughout the country or in its individual localities. The Law establishes a legal regime for a social emergency, including measures to restrict rights and freedoms. When a state of emergency is introduced, resources to ensure the regime are allocated from the reserves of the government and local authorities. The law fixes the maximum duration of the state of emergency — up to 30 days throughout the republic and up to 60 days in certain areas. After the expiration of the established period, the state of emergency is considered terminated (or may be extended within the same time frame).

Selected provisions
Article 1. The basic definitions, used in this Law

The following basic definitions are used in this Law:
1) emergency situation of a social nature – emergency situation caused by the occurrence
in a particular area of contradictions and conflicts in the sphere of social relations, that may
result or have resulted in the loss of life, personal injury, significant property damage or
violation of conditions of the population;
1-1) a crisis situation in the socio-economic sphere - a situation in which a threat to the
economic security of the country arose and, in accordance with the Acts of the President of
the Republic of Kazakhstan, the peculiarities of actions of tax, budget, customs, banking,
labor, currency legislation of the Republic of Kazakhstan can be established,, legislation of
the Republic of Kazakhstan in the field of competition protection, in the field of healthcare,
public procurement, procurement of certain entities of the quasi-public sector, in the spheres
of social protection of citizens, on state property, on issues of state control and supervision,
the implementation of the country's international obligations;
1-2) crisis situation - a situation in which the use of temporary restrictions shall be
required to restore violated human and civil rights and freedoms, the constitutional system of
the Republic of Kazakhstan, security and law enforcement, and in exceptional cases the
introduction of an emergency or state of emergency and the application of basic and
additional measures provided for by this Law;
2) the commander of area - an official, appointed by the President of the Republic of
Kazakhstan, leading the activities of the commandant’s office of area where the state of
emergency, and carrying out the unified administration of the forces and means that ensure
the state of emergency;
3) the commandant’s office of area – a temporary special body, established by the
President of the Republic of Kazakhstan in the areas where the state of emergency, to ensure
the state of emergency;
4) curfew - the time of day during which the ban is set to be on the streets and other
public places or outside the home without specially issued passes and identity documents;
5) a state of emergency - a temporary measure, applied only to ensure the safety of
citizens and the protection of the constitutional order of the Republic of Kazakhstan and
represents a special legal regime of state bodies, organizations, allowing the establishment of
specific restrictions on the rights and freedoms of citizens, foreigners and stateless persons, as
well as the rights of legal entities and imposing additional responsibilities on them;
6) border of the areas, where the state of emergency - the territory of one or more of the
administrative-territorial units of the Republic of Kazakhstan;
7) The State Commission to ensure the state of emergency - a special body of state
administration, created by an act of the President of the Republic of Kazakhstan for the period
of emergency.
Footnote. Article 1 is in the wording of the Constitutional Law of the Republic of
Kazakhstan dated 03.07.2013 № 121-V (shall be enforced upon expiry of ten calendar days
after its first official publication); as amended by the Law of the Republic of Kazakhstan
dated 11.07.2022 № 136-VII (see Article 2 for the procedure for enactment).

Article 19. Conditions and limits on the use of physical force, special means, dogs, weapons, and the use of military equipment

Conditions and limits on the use of physical force, special means, dogs, weapons, the use
of military equipment by employees and military personnel, providing the state of emergency,
established by the legislation of the Republic of Kazakhstan, cannot be changed in the state of
emergency.

Article 20. Procedure for the detention of individuals who violate the curfew rules

1. Individuals who violated the curfew rules shall be detained by employees of the
internal affairs bodies (by the police) or patrols from among the employees and military
personnel of state bodies involved in ensuring the state of emergency until the end of the
curfew, and not having with them documents certifying their identity, until their identity is
established, but not more than 48 hours by decision of the head of the internal affairs body or
his deputy. Detained persons and items and vehicles with them can be searched.
2. The decision of the head of the internal affairs agency or his/her deputy on detention
may be appealed against to a higher-ranking official, a prosecutor or a court in the order
prescribed by the laws of the Republic of Kazakhstan.
3. In the case of quarantine as a result of a threat of the spread of infectious diseases in
humans and animals in the areas, where the state of emergency is introduced, the individuals
who violate the state of emergency, and do not live in this area and subject in other cases to
mandatory expulsion beyond, shall be detained by common basis before the expiration of the
period to monitor them, established by the health authorities.
4. The order of detention shall be determined by the legislation of the Republic of
Kazakhstan on Administrative Offences.
Footnote. Article 20 as amended by Law of the RK № 351-VI of 29.06.2020 (shall go into
effect on 01.07.2021); dated 11.07.2022 № 136-VII (shall enter into force upon expiry of
sixty calendar days after the day of its first official publication).

Article 24. International humanitarian aid

nternational humanitarian aid in areas of the state of emergency shall be distributed in the
manner, determined by the Government of the Republic of Kazakhstan.

Article 19. Conditions and limits on the use of physical force, special means, dogs, weapons, and the use of military equipment

Conditions and limits on the use of physical force, special means, dogs, weapons, the use
of military equipment by employees and military personnel, providing the state of emergency,
established by the legislation of the Republic of Kazakhstan, cannot be changed in the state of
emergency.

Article 20. Procedure for the detention of individuals who violate the curfew rules

1. Individuals who violated the curfew rules shall be detained by employees of the
internal affairs bodies (by the police) or patrols from among the employees and military
personnel of state bodies involved in ensuring the state of emergency until the end of the
curfew, and not having with them documents certifying their identity, until their identity is
established, but not more than 48 hours by decision of the head of the internal affairs body or
his deputy. Detained persons and items and vehicles with them can be searched.
2. The decision of the head of the internal affairs agency or his/her deputy on detention
may be appealed against to a higher-ranking official, a prosecutor or a court in the order
prescribed by the laws of the Republic of Kazakhstan.
3. In the case of quarantine as a result of a threat of the spread of infectious diseases in
humans and animals in the areas, where the state of emergency is introduced, the individuals
who violate the state of emergency, and do not live in this area and subject in other cases to
mandatory expulsion beyond, shall be detained by common basis before the expiration of the
period to monitor them, established by the health authorities.
4. The order of detention shall be determined by the legislation of the Republic of
Kazakhstan on Administrative Offences.
Footnote. Article 20 as amended by Law of the RK № 351-VI of 29.06.2020 (shall go into
effect on 01.07.2021); dated 11.07.2022 № 136-VII (shall enter into force upon expiry of
sixty calendar days after the day of its first official publication).