SOME PROBLEMS OF ADOPTION AND CANCELLATION OF RESOLUTIONS OF THE CHIEF STATE SANITARY DOCTOR OF THE REPUBLIC OF KAZAKHSTAN ISSUED IN CASE OF EMERGENCY
DOI:
https://doi.org/10.52026/2788-5291_2023_75_4_232Keywords:
Coronavirus infection COVID-19, state of emergency, Chief State Sanitary Doctor, resolutionAbstract
During the state of emergency imposed in connection with the mass morbidity of the population with coronavirus infection COVID-19, on the basis of resolutions issued by the Chief State Sanitary Doctor of the Republic of Kazakhstan, a number of civil rights of individuals and legal entities were restricted on the territory of Kazakhstan. The article investigated the legal nature of the regulations that initiated this restriction, based on the experience before and after the COVID-19 pandemic.
When the author established the limits of competence of the Chief State Sanitary Doctor of the Republic of Kazakhstan, his competence was determined before the introduction of the state of emergency. In particular, the absence of coronavirus infection in the list of infectious diseases for which restrictive measures are introduced, including quarantine, was revealed, but the legality of the decisions adopted by the Chief State Sanitary Doctor corresponds to his competence.
In addition, the article analyzes the legal nature of the resolutions adopted by the Chief State Sanitary Doctor of the Republic of Kazakhstan, based on the duration of their validity and the adoption process. Due to the tendency to frequent cancellation of resolutions adopted as a subordinate regulatory legal act, its compliance with the requirements of legal technology has been established.
In the process of the research, the question of coherency in relation to the mandatory state registration in the judicial authorities of the resolutions adopted by the Chief State Sanitary Doctor of the Republic of Kazakhstan in connection with curbing the spread of the COVID-19 pandemic and before coronavirus infection was raised. The absence among the list of legal regulations requiring mandatory state registration in accordance with the Law of the Republic of Kazakhstan "On Legal Acts" of resolutions adopted by the Chief State Sanitary Doctor of the Republic of Kazakhstan, which entailed the restriction of civil rights and freedoms of individuals and legal entities, required the determination of the legal status of a sanitary doctor.