The Institution of Biological and Social Emergency in the Legislation of Russia and Kazakhstan

The phenomenon of the institution of an emergency situation is reflected in the legislation of almost all countries of the modern world. A systematic analysis of the legislation of Russia and Kazakhstan showed that biological and social emergencies were not legally separated into an independent form, which led to significant gaps in the regulation of public relations during the coronavirus pandemic. The emergency situation in connection with the pandemic actually limited previously established socio-economic ties, made it difficult to realize such constitutional rights and freedoms of citizens as the right to work, freedom of movement, and decent medical care. The forced introduction of epidemiological restrictions and the imperfection of the legislative framework have led to the emergence of social problems in Russia and Kazakhstan. Based on the study, the authors conclude that at the legislative level it is necessary to make the most comprehensive classification of emergency situations on the grounds of their occurrence and the territory they affect. The systematic classification of types of emergencies on the grounds of their occurrence will allow the fullest implementation of legal regulation of each type of emergency in the most appropriate way, including determining the powers of authorized bodies, the rights and obligations of the population and representatives of legal entities, the list and procedure for the application of restrictions, etc. The introduction of norms on biological and social emergencies into legislative acts will make it possible to fill in the gaps in the legislation of the Russian Federation and the Republic of Kazakhstan.

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