PROBLEMS OF THE CONCEPT OF "STATE OF EMERGENCY"

Abstract

As indicated in the legal policy of the Republic of Kazakhstan until 2030, in order to exclude discrepancies that may arise during the state of emergency, the concept of "state of emergency" applied in two main laws aimed at the legal regulation of this area is analyzed. In particular, this article analyzes the differences that have arisen regarding the concept of "state of emergency", aimed at working out the conceptual and terminological apparatus of the laws "On the state of emergency" and "On Civil Protection".

The author, pointing to the non-compliance with the authentic fact in the texts in Russian and Kazakh languages of legislation aimed at the legal regulation of the state of emergency and the regime of the emergency situation of a social nature, at the legislative level pointed to the circumstances leading to the incorrect definition of public relations and the incorrect application of the law.

Within the framework of the article, differences in the legal nature of the concepts of "state of emergency" and "emergency situation" used in Russian-language versions of laws were demonstrated in order to prove the inconsistency of their translation into Kazakh.  The author, guided by the legislative acts of neighboring countries regulating the state of emergency, indicated a definition corresponding to the concept of "state of emergency" in the domestic legislation in force. The article proposes changes for the formation of terminological sequence in the Kazakh and Russian versions of these laws.