CONSTITUTIONAL AND LEGAL ANALYSIS OF SITUATIONS RELATED TO A STATE OF EMERGENCY
DOI:
https://doi.org/10.63034/esr-807Keywords:
human rights, constitutional rights, state of emergency, quarantine, restriction of rights, rule of law, COVID-19, legal cultureAbstract
This article examines the legal aspects of restricting constitutional rights and freedoms during the state of emergency imposed in the Republic of Kazakhstan in response to the COVID-19 pandemic. The study analyzes the relationship between the concepts of a state of emergency, quarantine, and self-isolation, as well as the legal issues surrounding restrictions on citizens' freedom of movement, the right to work, the freedom of entrepreneurial activity, and the right to privacy. The findings indicate that legal restrictions introduced during a state of emergency must be implemented in accordance with the principles of legality, necessity, and proportionality. Furthermore, the article emphasizes that improving citizens' legal awareness and ensuring access to legal information are essential priorities for the development of a modern rule-of-law state.
References
Kim, S. What Is the Difference Between a State of Emergency and an Emergency Situation, and How Long Can Quarantine Last? A Lawyer's Commentary. Factcheck.kz. May 10, 2020. Available at: https://factcheck.kz/pravo/v-chyom-raznica-mezhdu-chs-i-chp-i-skolko-mozhet-dlitsya-karantin-kommentarij-yurista/
Kadyr, A. A Lawyer Explained Why the Chief State Sanitary Doctor's Resolution Is Considered Unlawful. Sputnik Kazakhstan. Nur-Sultan, September 16, 2020. Available at: https://sputnik.kz/society/20200916/14975893/Zanger-bas-sanitar-darger-kauly.html
Ministry of Justice of the Republic of Kazakhstan. On Certain Issues of Organizing and Conducting Sanitary-Anti-Epidemic and Preventive Measures. July 6, 2020. No. 20935.
Violating One's Own Rules. Zhasalash.kz. November 11, 2020. Available at: https://zhasalash.kz/
Code of the Republic of Kazakhstan on Administrative Offences. July 5, 2014. No. 235-V.
Labour Code of the Republic of Kazakhstan. November 23, 2015. No. 414-V.
Bekenuly, A. Citizens Arriving in Kazakhstan from Abroad Will Be Isolated in a Quarantine Facility for Two Days for Examination. Inform.kz. June 7, 2020. Available at: https://www.inform.kz/
Coronavirus: Questions and Answers. Radio Azattyq. April 4, 2020. Available at: https://www.azattyq.org/a/coronavirus-questions-and-answers/30527254.html
Law of the Republic of Kazakhstan "On Banks and Banking Activities." August 31, 1995. No. 2444.
Göksedef, E. Coronavirus: Turkey and the World Response. BBC Türkçe. May 14, 2020. Available at: https://www.bbc.com/turkce/haberler-turkiye-52663160
Akaev, A. M. Legal Regulation of the State of Emergency in the Republic of Kazakhstan: A Textbook. Almaty, 2017. 138 p.
Protecting Human Rights During the COVID-19 Pandemic. United Nations (UN). Available at: https://www.un.org/ru/coronavirus/protecting-human-rights-amid-covid-19-crisis
On Approval of the List of Free or Subsidized Medicines and Medical Devices Provided Within the Guaranteed Volume of Free Medical Care. Order of the Minister of Health of the Republic of Kazakhstan. November 4, 2011. No. 786.
Petrukhin, I. L. Law Enforcement Agencies in Situations of Social Emergencies Caused by Natural, Technogenic, and Biological Factors. In: Law and Emergency Situations: Collection of Papers. Moscow, 1992. 236 p.
Downloads
Published
How to Cite
Issue
Section
Categories
License
Copyright (c) 2026 Utemis Ayakoz Tanzharykkyzy
This work is licensed under a Creative Commons Attribution 4.0 International License.
