Emergency Mode vs. State of emergency. What are the differences?

Опубликовано: 26.03.2020

In connection with the introduction by the Cabinet of Ministers of Ukraine of an emergency regime throughout Ukraine, the majority of citizens have a relevant question: “What is an emergency regime and what will be the consequences of its introduction?”. Some mass media aggravate this issue, deliberately, in order to attract attention, they confuse the emergency “situation” and the emergency “state” in the headings of the articles.
Well, let’s try to understand this issue in order to avoid further unrest and manipulation by certain media misinformation.

In accordance with the Civil Protection Code of Ukraine, an emergency situation is a situation in a separate territory characterized by a violation of normal living conditions caused by a catastrophe, accident, fire, natural disaster, epidemic, epizootic, epiphytosis, or other dangerous event that led (may lead) to a threat to the life or health of the population, a large number of dead and injured, significant material damage, as well as to the impossibility of living tion in such a territory or facility, the implementation of economic activity on it.

The emergency mode involves the mobilization of state efforts to:

  •  the implementation of public warning about an emergency and informing about actions in the current situation;
  • the implementation of continuous forecasting of the zone of possible spread of the emergency and the extent of the possible consequences;
  • the organization of work on localization and liquidation of the consequences of an emergency, attracting the necessary forces and means for this;
  • organization and implementation of life support measures for the affected population;
  • the organization and implementation of radiation, chemical, biological, engineering and medical protection of the population and territories from the consequences of emergency situations
  • the implementation of continuous monitoring of the development of an emergency.

This mode does not provide for restrictions on the rights and freedoms of man and citizen!

In turn, the state of emergency is regulated in more detail by the Law of Ukraine “On the legal regime of the state of emergency,” according to which the state of emergency is a special legal regime that can be temporarily introduced in Ukraine or in its individual areas in case of emergencies of a man-made or natural nature below the national level, which led or may lead to human and material losses, pose a threat to the life and health of citizens, and provides for the submission to the relevant state authorities, military command and bodies of local self-government of the powers necessary to prevent threats and ensure the safety and health of citizens, the normal functioning of the national economy, state authorities and local authorities, to protect the constitutional order, and also allows temporary, due to the threat, restrictions on the exercise of constitutional rights and freedoms of man and citizen and the rights and legal interests of legal indicating the validity of these restrictions.

The specified law provides a list of possible measures at the time of the state of emergency (but not exclusively):

• the establishment of a special mode of entry and exit, as well as the restriction of freedom of movement in the territory where a state of emergency is introduced;

• restriction of the movement of vehicles and their inspection;

• a ban on holding mass events (including strikes), except for events the ban on which is established by the court;

• a ban on holding mass events (including strikes), except for events the ban on which is established by the court;

• forced alienation or seizure of property from legal entities and individuals;

• introduction of a special procedure for the distribution of food and basic necessities;

• mobilization and use of resources of enterprises, institutions and organizations, regardless of ownership, to prevent danger and liquidate emergencies with mandatory compensation for losses incurred;

• change in the operating mode of enterprises, institutions, organizations of all forms of ownership, their reorientation to the production of products necessary in a state of emergency, other changes in production activities necessary for emergency rescue and restoration work;

• removal from work for the period of a state of emergency, in case of improper performance of their duties, of the heads of state enterprises, institutions and organizations, the activity of which depends on the normalization of the situation in the area of emergency, and assignment of temporary performance of duties of these leaders to other persons.

 

Thus, the emergency regime introduced by the Cabinet of Ministers of Ukraine only establishes measures to prevent danger and protect the population from negative consequences, and does not provide for the possibility of limiting the rights and freedoms of man and citizen.

 

 

Stanislav Hoza, AK Prime

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