In order to ensure the safety of the state and citizens, the legislation of the Republic of Kazakhstan provides various types of restrictive measures.
A state of emergency (SoE) is introduced when democratic institutions, the independence and territorial integrity, political stability of the Republic of Kazakhstan, and the safety of its citizens are under serious and direct threat, or when the normal functioning of state institutions is disrupted. In order to localize and eliminate these threats, primary and additional measures, as well as temporary restrictions, are introduced.
The President’s decree on the introduction of the SoE contains a list of implemented measures and temporary restrictions on the rights and freedoms of individuals, as well as the rights of legal entities, including additional obligations imposed on them.
In general, the legal framework includes basic provisions that regulate the introduction of various legal regimes to handle crises in the country. The effectiveness of these measures depends on how timely they are introduced and how well the response is organized. In the history of the Republic of Kazakhstan, a state of emergency has been declared three times:
- On December 16, 2011, during the unrest in Zhanaozen on Independence Day.
- In 2020, due to the coronavirus pandemic, a state of emergency was declared throughout Kazakhstan.
- The January 2022 events, when mass unrest, triggered by protests in the Mangistau region over rising gas prices, spread across the country.
Each of these events exposed systemic shortcomings. For instance, the 2020 pandemic revealed that Kazakhstan, like many other countries, was unprepared to respond quickly to such challenges due to a lack of precedent.
The state of emergency is regulated by the Law of the Republic of Kazakhstan “On the State of Emergency,” adopted in 2003. Since then, the law has been amended 25 times, with the latest amendments introduced in May 2024. The legislation is continuously improving, but there is still no clear, publicly accessible procedure governing the interaction of state bodies during a state of emergency, which would outline an algorithm for solving key problems.
It is also worth noting the lack of legislative provisions regarding natural and man-made emergencies. These emergencies are only listed as grounds for the introduction of a state of emergency, without separate definitions or descriptions of procedural measures in the “Law on the State of Emergency.” During a state of emergency, some clarifications are provided at the legislative level:
- Appointment of a local commandant (Ministry of Emergency Situations of Kazakhstan);
- Assistance from the Armed Forces of Kazakhstan in the elimination of natural and man-made emergencies and the rescue of people.
Moreover, issues arise in Kazakhstani cities during the winter period. For example, on November 5, 2022, an accident occurred at the Ridder CHP plant (East Kazakhstan region), where the ash removal system’s pump failed, causing an emergency shutdown of auxiliary equipment at Boiler No. 1. As a result, the city was left without heat. Two days later, a local state of emergency was declared. After the accident, the plant’s ownership changed, but according to local authorities, the new owner (RNGK company) showed no activity as of January. On March 17, 2023, a short circuit occurred at the CHP plant, and on March 24, a regional state of emergency was declared in Ridder.
A similar situation occurred on November 27, 2022, in Ekibastuz, when an accident at the CHP plant left the city (689 apartment buildings) without heat. On November 28, a local man-made state of emergency was declared, lasting until December 15. From the first day, a special operational headquarters was established, and all necessary specialists were involved in eliminating the consequences of the accident. Ten damaged areas were identified on the city’s heating network. Fifteen repair teams participated in the restoration work, with a total of 851 people involved.
On February 26, 2024, a local state of emergency was declared in Ekibastuz once again, without clarification of the reasons. Previously, on February 22, an accident occurred on a water pipeline 27 kilometers from the second-lift pumping station of Ekibastuz Water Utility, which supplies water to Maikain (a village in Bayanaul district of Pavlodar region).
These situations highlight the need for the legislative establishment of detailed norms for emergency response. First and foremost, it is necessary to establish a clear timeline between an incident and the declaration of a man-made state of emergency. Furthermore, as previously mentioned, a procedure for the interaction of government structures, including local authorities, must be defined.
Clear regulation of these procedures will increase the accountability of government agencies and provide the public with clarity on what actions to expect from the authorities in emergency situations.
Zhambaybekov Daulet
Economist
