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Document's name:
Document Number:	3-FKZ
Document type:
Receiving authority:	The State Duma Council of the Federation
Status:	Active
Published:
Acceptance date:	May 30, 2001
Start date:	01 June 2001
Revision date:	July 03, 2016

About the state of emergency

RUSSIAN FEDERATION

FEDERAL CONSTITUTIONAL LAW

About the state of emergency

Document with changes made:
(Rossiyskaya Gazeta, N 132, 07/09/2003) (came into force on July 1, 2003);
(Rossiyskaya Gazeta, N 48, 03/11/2005);
federal constitutional law of March 12, 2014 N 5-FKZ (Official Internet portal of legal information www.pravo.gov.ru, 03/12/2014) (for the procedure for entry into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, 07/03/2016, N 0001201607030003).
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Chapter I. General provisions

Article 1. State of emergency

1. A state of emergency means a special legal regime introduced in accordance with this Federal Constitutional Law throughout the Russian Federation or in its individual localities for the activities of state authorities, local governments, organizations, regardless of organizational and legal forms and forms of ownership, and their officials , public associations, allowing for certain restrictions established by this Federal Constitutional Law on the rights and freedoms of citizens of the Russian Federation, foreign citizens, stateless persons, the rights of organizations and public associations, as well as the imposition of additional responsibilities on them.

2. The introduction of a state of emergency is a temporary measure used exclusively to ensure the safety of citizens and protect the constitutional order of the Russian Federation.

Article 2. Purposes of introducing a state of emergency

The goals of introducing a state of emergency are to eliminate the circumstances that served as the basis for its introduction, to ensure the protection of human and civil rights and freedoms, and to protect the constitutional system of the Russian Federation.

Chapter II. Circumstances and procedure for introducing a state of emergency

Article 3. Circumstances of introducing a state of emergency

A state of emergency is introduced only in the presence of circumstances that pose a direct threat to the life and safety of citizens or the constitutional system of the Russian Federation and the elimination of which is impossible without the use of emergency measures. Such circumstances include:

a) attempts to forcibly change the constitutional system of the Russian Federation, seizure or appropriation of power, armed rebellion, riots, terrorist acts, blocking or seizure of particularly important objects or certain areas, preparation and activities of illegal armed groups, interethnic, interfaith and regional conflicts accompanied by violent actions that create a direct threat to the life and safety of citizens, the normal activities of state authorities and local governments;

b) emergencies of a natural and man-made nature, environmental emergencies, including epidemics and epizootics resulting from accidents, hazardous natural phenomena, catastrophes, natural and other disasters, resulting (may result) in human casualties, damage to human health and the environment natural environment, significant material losses and disruption of living conditions of the population and requiring large-scale rescue and other urgent work.

Article 4. Declaration of a state of emergency

1. A state of emergency throughout the Russian Federation or in its individual localities is introduced by decree of the President of the Russian Federation with immediate notification of this to the Federation Council of the Federal Assembly of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation.

2. The decree of the President of the Russian Federation on the introduction of a state of emergency is immediately submitted for approval to the Federation Council of the Federal Assembly of the Russian Federation.

Article 5. Contents of the decree of the President of the Russian Federation on the introduction of a state of emergency

The decree of the President of the Russian Federation on the introduction of a state of emergency must define:

a) the circumstances that served as the basis for the introduction of a state of emergency;

b) justification for the need to introduce a state of emergency;

c) the boundaries of the territory in which a state of emergency is declared;

d) forces and means ensuring the state of emergency;

e) a list of emergency measures and the limits of their effect, an exhaustive list of temporary restrictions on the rights and freedoms of citizens of the Russian Federation, foreign citizens and stateless persons, the rights of organizations and public associations;

f) state bodies (officials) responsible for implementing measures applied in a state of emergency;

g) the time of entry into force of the decree, as well as the duration of the state of emergency.

Article 6. Promulgation of the decree of the President of the Russian Federation on the introduction of a state of emergency

The decree of the President of the Russian Federation on the introduction of a state of emergency is subject to immediate promulgation through radio and television channels, as well as immediate official publication.

Article 7. Approval by the Federation Council of the Federal Assembly of the Russian Federation of the decree of the President of the Russian Federation on the introduction of a state of emergency

1. After the promulgation of the decree of the President of the Russian Federation on the introduction of a state of emergency, members of the Federation Council of the Federal Assembly of the Russian Federation are obliged to arrive at the meeting place of the Federation Council of the Federal Assembly of the Russian Federation as soon as possible without a special call.

2. The issue of approving the decree of the President of the Russian Federation on the introduction of a state of emergency is considered by the Federation Council of the Federal Assembly of the Russian Federation as a priority.

3. The Federation Council of the Federal Assembly of the Russian Federation, within a period not exceeding 72 hours from the moment of promulgation of the decree of the President of the Russian Federation on the introduction of a state of emergency, considers the issue of approving this decree and adopts a corresponding resolution.

4. The decree of the President of the Russian Federation on the introduction of a state of emergency, not approved by the Federation Council of the Federal Assembly of the Russian Federation, loses force after 72 hours from the moment of its promulgation, about which the population of the Russian Federation or its corresponding individual localities is notified in the same manner as it was notified of the declaration of a state of emergency.

Article 8. Features of the activities of the Federal Assembly of the Russian Federation during the period of a state of emergency throughout the Russian Federation

When a state of emergency is introduced throughout the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation continue their work throughout the entire period of the state of emergency.

Article 9. Duration of the state of emergency

1. The duration of a state of emergency introduced throughout the Russian Federation cannot exceed 30 days, and that introduced in its individual localities cannot exceed 60 days.

2. Upon expiration of the period specified in part one of this article, the state of emergency is considered terminated. If during this period the goals of introducing a state of emergency have not been achieved, its duration may be extended by decree of the President of the Russian Federation in compliance with the requirements established by this Federal Constitutional Law for introducing a state of emergency.

Article 10. Cancellation of a state of emergency by the President of the Russian Federation

When eliminating the circumstances that served as the basis for introducing a state of emergency, the period previously established in accordance with Article 9 of this Federal Constitutional Law, the President of the Russian Federation cancels the state of emergency in whole or in part, about which the population of the Russian Federation or its corresponding individual localities is notified in the same manner, in how it was notified of the declaration of a state of emergency.

Chapter III. Measures and temporary restrictions applied during a state of emergency

Article 11. Measures and temporary restrictions applied when introducing a state of emergency

The decree of the President of the Russian Federation on the introduction of a state of emergency for the period of the state of emergency may provide for the introduction of the following measures and temporary restrictions:

a) complete or partial suspension, in the territory where a state of emergency has been introduced, of the powers of the executive authorities of the subject (subjects) of the Russian Federation, as well as local government bodies;

b) establishment of restrictions on freedom of movement in the territory in which a state of emergency has been introduced, as well as the introduction of a special regime for entry into and exit from the specified territory, including the establishment of restrictions on the entry into the specified territory and stay on it of foreign citizens and stateless persons;

c) strengthening the protection of public order, objects subject to state protection, and objects ensuring the livelihoods of the population and the functioning of transport;

d) establishing restrictions on the implementation of certain types of financial and economic activities, including the movement of goods, services and financial assets;

e) establishing a special procedure for the sale, acquisition and distribution of food and basic necessities;

f) prohibition or restriction of meetings, rallies and demonstrations, processions and picketing, as well as other public events;

g) prohibition of strikes and other methods of suspending or terminating the activities of organizations;

h) restricting the movement of vehicles and inspecting them;

i) suspension of the activities of hazardous industries and organizations that use explosive, radioactive, as well as chemically and biologically hazardous substances;

j) evacuation of material and cultural assets to safe areas if there is a real threat of their destruction, theft or damage due to emergency circumstances.

Article 12. Measures and temporary restrictions applied in conditions of a state of emergency introduced in the presence of circumstances specified in paragraph “a” of Article 3 of this Federal Constitutional Law

In the event of a state of emergency being introduced in the presence of the circumstances specified in paragraph "a" of Article 3 of this Federal Constitutional Law, in addition to the measures and temporary restrictions specified in Article 11 of this Federal Constitutional Law, in the territory in which a state of emergency is introduced, by decree of the President The Russian Federation on the introduction of a state of emergency may provide for the following measures and temporary restrictions:

a) the introduction of a curfew, that is, a ban on being on the streets and in other public places at a set time of day without specially issued passes and identification documents of citizens;

b) restriction of freedom of the press and other media by introducing preliminary censorship, indicating the conditions and procedure for its implementation, as well as temporary seizure or seizure of printed materials, radio transmitting, sound-amplifying technical means, duplicating equipment, establishing a special procedure for the accreditation of journalists;

c) suspension of the activities of political parties and other public associations that impede the elimination of the circumstances that served as the basis for the introduction of a state of emergency;

d) checking citizens’ identity documents, personal searches, searches of their belongings, homes and vehicles;

e) restriction or prohibition of the sale of weapons, ammunition, explosives, special means, toxic substances, establishment of a special regime for the circulation of medicines and preparations containing narcotic drugs, psychotropic substances, potent substances, ethyl alcohol, alcoholic beverages, alcohol-containing products. In exceptional cases, it is allowed to temporarily confiscate weapons and ammunition, toxic substances from citizens, and from organizations, regardless of organizational and legal forms and forms of ownership - temporary confiscation, along with weapons, ammunition and toxic substances, also of combat and training military equipment, explosives and radioactive substances;

f) deportation, in accordance with the established procedure, of persons violating the state of emergency and not residing in the territory in which the state of emergency has been introduced, outside its borders at their expense, and if they do not have funds - at the expense of the federal budget, with subsequent reimbursement of expenses in court ;

g) extension of the period of detention of persons detained in accordance with the criminal procedural legislation of the Russian Federation on suspicion of committing acts of terrorism and other particularly serious crimes for the entire period of the state of emergency, but not more than for three months.

Article 13. Measures and temporary restrictions applied in conditions of a state of emergency introduced in the presence of circumstances specified in paragraph "b" of Article 3 of this Federal Constitutional Law

In the event of a state of emergency being introduced in the presence of the circumstances specified in paragraph "b" of Article 3 of this Federal Constitutional Law, in addition to the measures and temporary restrictions specified in Article 11 of this Federal Constitutional Law, in the territory in which a state of emergency is introduced, by decree of the President The Russian Federation on the introduction of a state of emergency may provide for the following measures and temporary restrictions:

a) temporary resettlement of residents to safe areas with the mandatory provision of permanent or temporary residential premises to such residents;

b) introduction of quarantine, carrying out sanitary and anti-epidemic, veterinary and other measures;

c) attracting state material reserves, mobilizing the resources of organizations regardless of organizational and legal forms and forms of ownership, changing their mode of operation, reorienting these organizations to produce products necessary in conditions of a state of emergency and other changes in production and economic activity necessary in conditions of a state of emergency;

d) removal from work for the period of the state of emergency of the heads of state organizations in connection with the improper performance by the said managers of their duties and the appointment of other persons to temporarily perform the duties of the said managers;

e) removal from work for the period of the state of emergency of the heads of non-governmental organizations in connection with their failure to fulfill or improper implementation of the measures provided for in paragraph "g" of Article 11 of this Federal Constitutional Law and paragraph "c" of this article, and the appointment of other persons as temporarily performing the duties of these managers;

f) in exceptional cases related to the need to carry out and ensure emergency rescue and other urgent work, mobilize the working population and attract citizens’ vehicles to carry out the specified work, subject to mandatory compliance with labor safety requirements.

Article 14. Restriction of the right to participate in elections and referendums of citizens of the Russian Federation in a state of emergency

In the territory in which a state of emergency has been declared, elections and referendums are not held during the entire period of the state of emergency. In the event of the expiration of the term of office of the relevant elected bodies of state power, local self-government bodies and officials during the period of a state of emergency, the term of office of these bodies and persons shall be extended until the termination of the period of the state of emergency, unless their powers are suspended in the manner established by this Federal Constitutional Law.

Article 15. Suspension of the validity of legal acts of state authorities of the constituent entities of the Russian Federation and acts of local self-government bodies

The President of the Russian Federation has the right to suspend the validity of legal acts of state authorities of the constituent entities of the Russian Federation, legal acts of local self-government bodies operating in the territory in which a state of emergency has been introduced, if these acts contradict the decree of the President of the Russian Federation on the introduction of a state of emergency in this territory.

Chapter IV. Forces and means ensuring the state of emergency

Article 16. Forces and means to ensure a state of emergency

To ensure a state of emergency, the forces and means of the internal affairs bodies, the penal system, federal security agencies, the troops of the National Guard of the Russian Federation, as well as the forces and means of the civil defense, emergency situations and disaster relief agencies are used.
Federal constitutional law of July 3, 2016 N 6-FKZ.

Article 17. Attraction of additional forces and means to ensure the state of emergency

1. In exceptional cases, on the basis of a decree of the President of the Russian Federation, in addition to the forces and means specified in Article 16 of this Federal Constitutional Law, the Armed Forces of the Russian Federation, other troops, military formations and bodies may be involved to ensure a state of emergency. Border authorities carrying out the protection and security of the State Border of the Russian Federation are involved in ensuring a state of emergency only for the purpose of protecting the State Border of the Russian Federation from July 1, 2003 by Federal Constitutional Law of June 30, 2003 N 2-FKZ; as amended, put into effect on March 22, 2005 by the Federal Constitutional Law of March 7, 2005 N 1-FKZ.

2. The Armed Forces of the Russian Federation, other troops, military formations and bodies are involved to perform the following tasks:

a) maintaining a special regime for entry into and exit from the territory where a state of emergency has been introduced;

b) protection of objects that ensure the livelihoods of the population and the functioning of transport, and objects that pose an increased danger to the life and health of people, as well as to the environment;

c) separation of warring parties involved in conflicts accompanied by violent actions using weapons, military and special equipment;

d) participation in suppressing the activities of illegal armed groups;

e) participation in the elimination of emergency situations and saving lives as part of the forces of the Unified State System for the Prevention and Elimination of Emergency Situations.

3. The tasks specified in paragraphs "a" - "d" of part two of this article are performed by military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies together with employees of internal affairs bodies, the penal system, federal security agencies and military personnel troops of the National Guard of the Russian Federation. At the same time, military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies are subject to the provisions of federal legislation on the troops of the National Guard of the Russian Federation in terms of the conditions, procedure and limits of the use of physical force, special means, weapons, combat and special equipment, guarantees personal safety of military personnel and members of their families, guarantees of their legal and social protection.
(Part as amended by the Federal Constitutional Law of July 3, 2016 N 6-FKZ.

Article 18. Commandant of the territory in which a state of emergency has been declared

1. To implement unified control of the forces and means ensuring the state of emergency, a commandant of the territory where the state of emergency has been introduced is appointed by decree of the President of the Russian Federation.

2. The commandant of the territory in which a state of emergency has been declared:

a) issues, within the limits of his powers, orders and regulations on the issues of ensuring the state of emergency, mandatory for execution in the relevant territory by all organizations, regardless of organizational and legal forms and forms of ownership, and by officials of these organizations, citizens, as well as heads (commanders) of internal bodies affairs, bodies for civil defense, emergency situations and disaster relief, military formations located (deployed) in the territory in which a state of emergency has been declared, and additionally involved to ensure the state of emergency;

b) establishes the time and duration of the curfew;

c) determines the special regime for entry into and exit from the territory where a state of emergency has been introduced;

d) establishes a special regime for the sale of weapons, ammunition, medicines and preparations containing narcotic drugs, psychotropic substances, potent substances, ethyl alcohol, alcoholic beverages and alcohol-containing products;

e) determines the procedure and storage locations for seized weapons, ammunition, substances and military equipment specified in paragraph "d" of Article 12 of this Federal Constitutional Law;

f) expels, in accordance with the established procedure, from the territory in which a state of emergency has been introduced, persons violating the state of emergency;

g) addresses the President of the Russian Federation with proposals on the need to apply, in the territory where a state of emergency has been introduced, measures and temporary restrictions provided for in Articles 11-13 of this Federal Constitutional Law;

h) notifies the population of the relevant territory through the media about the procedure for implementing certain measures applied in a state of emergency;

i) establishes a special procedure for the accreditation of journalists in the territory in which a state of emergency has been introduced, and the procedure for their work.

3. The commandant of the territory in which a state of emergency has been declared has the right to take part in all meetings of state authorities and meetings of local self-government bodies operating in the territory in which a state of emergency has been declared, and make proposals on issues covered by this Federal Constitutional Law and other normative legal acts of the Russian Federation fall within its competence.

4. The commandant of the territory in which a state of emergency has been declared shall manage the commandant’s office of the specified territory. The activities of the commandant's office are regulated by regulations approved by the President of the Russian Federation.

5. The formation of the commandant’s office of the territory in which a state of emergency has been introduced does not suspend the activities of state authorities of the constituent entities of the Russian Federation and local government bodies operating in the specified territory.

Article 19. Coordination of the actions of forces and means ensuring the state of emergency

1. To coordinate the actions of forces and means ensuring the state of emergency, a joint operational headquarters may be created within the commandant’s office of the territory in which the state of emergency has been declared, by decree of the President of the Russian Federation from representatives of the bodies ensuring the state of emergency.

2. The joint operational headquarters is headed by the commandant of the territory in which a state of emergency has been declared.

Article 20. Features of the operational subordination of troops and military formations during the introduction of a state of emergency throughout the Russian Federation

When a state of emergency is introduced throughout the Russian Federation, all troops and military formations are transferred to the operational subordination of the federal executive body determined by the President of the Russian Federation.

Article 21. Additional guarantees and compensation for persons involved in ensuring the state of emergency

1. For employees of internal affairs bodies, the penal system, federal security agencies, military personnel of the National Guard of the Russian Federation, bodies for civil defense, emergency situations and disaster relief, the Armed Forces of the Russian Federation, other troops, military formations and bodies , as well as other persons who participated in ensuring the state of emergency, are subject to additional guarantees and compensation provided for by the legislation of the Russian Federation.
(Part as amended by the Federal Constitutional Law of July 3, 2016 N 6-FKZ.

2. Registration of the persons specified in part one of this article is carried out in the manner established by the Government of the Russian Federation.

Chapter V. Special administration of the territory in which a state of emergency has been declared

Article 22. Bodies of special administration of the territory where a state of emergency has been introduced

In the territory in which a state of emergency has been introduced, by decree of the President of the Russian Federation, special management of this territory may be introduced by creating:

a) a temporary special body governing the territory in which a state of emergency has been introduced;

b) the federal governing body of the territory in which a state of emergency has been declared.

Article 23. Appeal of the President of the Russian Federation upon the introduction of special management of the territory in which a state of emergency has been introduced

If it is necessary to introduce special management of the territory in which a state of emergency has been declared, the President of the Russian Federation addresses the population of the territory in which a state of emergency has been declared, and officials of state authorities of the constituent entity of the Russian Federation and local government bodies operating in this territory, with a warning about the possibility introduction of special management of the territory in which a state of emergency has been declared, by creating a temporary special body for the management of the territory in which a state of emergency has been declared, or a federal body for the management of the territory in which a state of emergency has been declared. This appeal is brought to the attention of the population of the territory in which a state of emergency has been declared through the media.

Article 24. Temporary special body for managing the territory where a state of emergency has been introduced

1. A temporary special body governing the territory in which a state of emergency has been introduced acts on the basis of a regulation approved by the President of the Russian Federation.

2. The powers of the executive authorities of a constituent entity of the Russian Federation and local self-government bodies operating in the territory where a state of emergency has been declared may be transferred in full or in part to a temporary special body governing the territory in which a state of emergency has been introduced.

3. The head of the temporary special body for managing the territory in which a state of emergency has been introduced is appointed by the President of the Russian Federation. The commandant of the territory in which a state of emergency has been introduced becomes subordinate to the head of the temporary special body for managing the territory in which a state of emergency has been declared, and is his first deputy.

Article 25. Federal governing body of the territory where a state of emergency has been introduced

1. If in the territory in which a state of emergency has been introduced, the creation of a temporary special body for the management of this territory has not ensured the achievement of the goals of introducing a state of emergency, a federal body for the management of the territory in which a state of emergency has been declared may be created. In this case, the temporary special governing body of the territory in which a state of emergency has been introduced ceases its powers.

2. The head of the federal body governing the territory in which a state of emergency has been declared is appointed by the President of the Russian Federation. The regulations on the federal governing body of the territory in which a state of emergency has been introduced are approved by the President of the Russian Federation.

3. When introducing special management of the territory in which a state of emergency has been introduced, by creating a federal body for managing the territory in which a state of emergency has been introduced, the exercise of powers of state authorities of a constituent entity of the Russian Federation and local government bodies operating in the specified territory is suspended, and their functions are entrusted to the federal governing body of the territory in which a state of emergency has been introduced.

4. The commandant’s office of the territory in which a state of emergency has been introduced, when this form of special management of the specified territory is introduced, is included in the structure of the federal governing body of the territory in which a state of emergency has been introduced. The commandant of the specified territory is, by virtue of his position, the first deputy head of the federal governing body of the territory in which a state of emergency has been declared.

Article 26. Legal acts of special management bodies of the territory where a state of emergency has been introduced

1. The bodies of special management of the territory in which a state of emergency has been introduced, specified in Articles 24 and 25 of this Federal Constitutional Law, have the right to issue, within the limits of their powers, orders and regulations that are mandatory for execution in the relevant territory on issues of ensuring the state of emergency.

2. Organizations, officials and citizens located in the territory in which a state of emergency has been declared are obliged to provide full support to the special management bodies of the territory in which a state of emergency has been declared, and to carry out orders and instructions on issues of ensuring the state of emergency.

Article 27. Financing of work to eliminate the causes and consequences of the circumstances that served as the basis for introducing a state of emergency

1. The volume of attracted state reserve, the size and procedure for financing and logistical support of work to eliminate the circumstances that served as the basis for the introduction of a state of emergency, including the procedure for financing social payments and compensation to citizens who suffered damage as a result of the occurrence of circumstances that served as the basis for the introduction state of emergency, measures for the temporary resettlement of residents to safe areas, in connection with the application of other measures provided for by Chapter III of this Federal Constitutional Law, as well as the procedure for paying compensation to organizations that suffered damage in connection with the application of measures provided for by Chapter III of this Federal Constitutional Law, determined by the Government of the Russian Federation. If the allocated budgetary allocations are insufficient to finance these expenses, the Government of the Russian Federation submits to the State Duma of the Federal Assembly of the Russian Federation a draft federal law providing for additional funding.

2. Financing of the expenses specified in part one of this article is carried out from the federal budget. To carry out this financing, field institutions of the Bank of Russia are involved, created in accordance with the legislation on the Bank of Russia.

3. Special management bodies of the territory in which a state of emergency has been introduced, for the period of the state of emergency, may be vested with the functions of managing, in the prescribed manner, budgetary allocations allocated for the restoration of life support facilities, the social sphere, and the housing stock located in the specified territory.

Chapter VI. Guarantees of citizens' rights and responsibility of citizens and officials in a state of emergency

Article 28. Limits of application of measures and temporary restrictions in a state of emergency

1. Measures applied in a state of emergency and entailing a change (limitation) of the powers of federal executive authorities, legislative (representative) and executive authorities of constituent entities of the Russian Federation, bodies local self-government, the rights of organizations and public associations, the rights and freedoms of man and citizen, must be exercised within the limits required by the severity of the current situation.

2. The measures specified in part one of this article must comply with the international obligations of the Russian Federation arising from international treaties of the Russian Federation in the field of human rights, and must not entail any discrimination against individuals or groups of the population solely on the basis of gender, race, nationality , language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances.

Article 29. Guarantees of property and social rights of citizens and organizations during a state of emergency

1. Persons mobilized to carry out and provide emergency rescue and other urgent work in accordance with paragraph "e" of Article 13 of this Federal Constitutional Law are guaranteed wages in accordance with the labor legislation of the Russian Federation.

2. Persons who suffered as a result of the circumstances that served as the basis for the introduction of a state of emergency, or in connection with the application of measures to eliminate such circumstances or eliminate their consequences, are provided with living quarters, compensated for the material damage caused, assisted in finding employment and provided with the necessary assistance on the terms and in the manner established by the Government of the Russian Federation.

3. Organizations whose property and resources were used in accordance with paragraph “c” of Article 13 of this Federal Constitutional Law have the right to compensation for damage caused in the manner and amount established by the Government of the Russian Federation.

Article 30. Procedure and conditions for the use of physical force and special means

The procedure and conditions for the use of physical force, special means, weapons, military and special equipment established by federal laws and other regulatory legal acts of the Russian Federation are not subject to change in a state of emergency.

Article 31. Procedure for detaining citizens who violated curfew rules

1. Citizens who violated the curfew rules established in accordance with paragraph "a" of Article 12 of this Federal Constitutional Law are detained by forces ensuring the state of emergency until the end of the curfew, and citizens who do not have identification documents with them - until their identity is clarified, but for no more than three days by decision of the head of the internal affairs agency or his deputy. By decision of the court, this period may be extended by no more than ten days. Detained persons, their belongings and vehicles may be subject to search.

2. The decision of the head of the internal affairs body or his deputy to detain may be appealed to a higher official or to a court.

3. In the event of the introduction of quarantine due to the threat of the spread of dangerous infectious diseases of people, animals and plants in the territory in which a state of emergency has been introduced, citizens subject to expulsion from its borders in accordance with paragraph "e" of Article 12 of this Federal Constitutional Law are detained for on general grounds until the expiration of the established period of observation of such citizens.

Article 32. Responsibility for violating the requirements of the state of emergency

Citizens, officials and organizations for violating the requirements of the state of emergency established in accordance with this Federal Constitutional Law are liable in accordance with the legislation of the Russian Federation.

Article 33. Legal consequences of termination of the period of state of emergency

1. Decrees of the President of the Russian Federation and other normative legal acts of the Russian Federation, normative legal acts of the constituent entities of the Russian Federation, adopted in order to ensure a state of emergency and related to the temporary restriction of the rights and freedoms of citizens, as well as the rights of organizations, lose force simultaneously with the termination of the period of validity state of emergency without special notification.

2. Termination of the period of a state of emergency entails the termination of administrative proceedings in cases of violation of the state of emergency and the immediate release of persons subject to administrative detention or arrest on these grounds.

Article 34. Responsibility of persons involved in ensuring the state of emergency

Unlawful use of physical force, special means, weapons, military and special equipment by employees of internal affairs bodies, the penal system, federal security agencies, military personnel of the Armed Forces of the Russian Federation, troops of the National Guard of the Russian Federation, other troops, military formations and bodies, as well as Excess of official powers by officials ensuring the state of emergency, including violation of the guarantees of human and civil rights and freedoms established by this Federal Constitutional Law, entails liability in accordance with the legislation of the Russian Federation.
(Article as amended, put into effect by the Federal Constitutional Law of July 3, 2016 N 6-FKZ.

Article 35. Administration of justice in the territory where a state of emergency has been declared

1. Justice in the territory in which a state of emergency has been introduced is carried out only by the court. All courts established in accordance with Chapter 7 of the Constitution of the Russian Federation operate in this territory.

2. The establishment of any forms or types of emergency courts, as well as the use of any forms and types of accelerated or emergency proceedings is not allowed.

3. If it is impossible to administer justice by the courts operating in the territory in which a state of emergency has been introduced, by decision of the Supreme Court of the Russian Federation the territorial jurisdiction of cases considered in the courts may be changed.
(Part as amended, put into effect on August 6, 2014 by the Federal Constitutional Law of March 12, 2014 N 5-FKZ.

Article 36. Activities of the prosecutor's office in the territory where a state of emergency has been declared

1. The activities of the prosecutor's office of the Russian Federation in the territory in which a state of emergency has been introduced are carried out in the manner established by federal law.

2. When a state of emergency is introduced in the territories of several constituent entities of the Russian Federation, the Prosecutor General of the Russian Federation may create an interregional prosecutor's office of the territory in which the state of emergency was introduced.

Chapter VII. Final provisions

Article 37. Notification and informing the United Nations and the Council of Europe of the declaration of a state of emergency and the termination of its period.

1. In the event of a state of emergency being introduced in accordance with this Federal Constitutional Law, the federal executive body in charge of foreign affairs, in accordance with the international obligations of the Russian Federation arising from and, within three days notifies the Secretary General of the United Nations and informs the Secretary General of the Council of Europe about temporary restrictions on the rights and freedoms of citizens that constitute derogations from obligations under the specified international treaties, the scope of these derogations and the reasons for making such a decision.

2. The federal executive body in charge of foreign affairs informs about the termination, in accordance with this Federal Constitutional Law, of the period of the state of emergency and the full restoration of the provisions of the International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms respectively the Secretary General of the United Nations and the Secretary General of the Council of Europe.

Article 38. Notification of neighboring states about the declaration of a state of emergency

In the event of the introduction of a state of emergency in certain localities of the Russian Federation, the federal executive body in charge of foreign affairs, within 24 hours from the moment the Federation Council of the Federal Assembly of the Russian Federation adopted a resolution approving the decree of the President of the Russian Federation on the introduction of a state of emergency, notifies neighboring states about the circumstances that led to grounds for declaring a state of emergency.

Article 39. International humanitarian assistance

International humanitarian assistance in the territory where a state of emergency has been declared is carried out in accordance with international treaties of the Russian Federation in the manner established by the Government of the Russian Federation.

Article 40. Recognition of certain legislative acts as invalid in connection with the adoption of this Federal Constitutional Law

In connection with the adoption of this Federal Constitutional Law, the following shall be declared invalid:

a) Law of the RSFSR of May 17, 1991 N 1253-I “On the State of Emergency” (Gazette of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1991, N 22, Art. 773);

b) Resolution of the Supreme Council of the RSFSR dated May 17, 1991 N 1254-I “On the procedure for enacting the Law of the RSFSR “On the State of Emergency” (Gazette of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, N 22, Art. 774).

Article 41. Bringing regulatory legal acts into compliance with this Federal Constitutional Law

To propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its regulatory legal acts into compliance with this Federal Constitutional Law.

Article 42. Recognition of certain legislative acts of the USSR as invalid and not subject to application on the territory of the Russian Federation

In connection with the adoption of this Federal Constitutional Law, the following shall be recognized as not valid and not subject to application on the territory of the Russian Federation:

a) Law of the USSR of April 3, 1990 N 1407-I “On the legal regime of a state of emergency” (Gazette of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1990, N 15, Art. 250);

b) Resolution of the Supreme Soviet of the USSR dated April 3, 1990 N 1408-I “On the implementation of the USSR Law “On the Legal Regime of a State of Emergency” (Gazette of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1990, N 15, Art. 251).

Article 43. Entry into force of this Federal Constitutional Law

This Federal Constitutional Law comes into force on the date of its official publication.

The president
Russian Federation
V.Putin

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

On the state of emergency (as amended on July 3, 2016)

Document's name:	On the state of emergency (as amended on July 3, 2016)
Document Number:	3-FKZ
Document type:	Federal constitutional law
Receiving authority:	The State Duma Council of the Federation
Status:	Active
Published:	Parliamentary newspaper, N 99, 06/01/2001 Russian newspaper, N 105, 02.06.2001 Gazette of the Federal Assembly, N 16, 06/01/2001 Collection of Legislation of the Russian Federation, No. 23, 06/04/2001 Supplement to Rossiyskaya Gazeta, No. 23, 2001
Acceptance date:	May 30, 2001
Start date:	01 June 2001
Revision date:	July 03, 2016

GARANT'S comment

See graphic copy of official publication

Federal Constitutional Law of May 30, 2001 N 3-FKZ
"On the state of emergency"
(as amended June 30, 2003, March 7, 2005)

Chapter I. General provisions

Article 1. State of emergency

1. A state of emergency means a special legal regime introduced in accordance with the Constitution of the Russian Federation and this Federal Constitutional Law throughout the Russian Federation or in its individual localities for the activities of state authorities, local governments, organizations, regardless of organizational and legal forms and forms of ownership, their officials, public associations, allowing for certain restrictions established by this Federal Constitutional Law on the rights and freedoms of citizens of the Russian Federation, foreign citizens, stateless persons, the rights of organizations and public associations, as well as the imposition of additional responsibilities on them.

2. The introduction of a state of emergency is a temporary measure used exclusively to ensure the safety of citizens and protect the constitutional order of the Russian Federation.

Article 2. Purposes of introducing a state of emergency

Chapter II. Circumstances and procedure for introducing a state of emergency

Article 3. Circumstances of introducing a state of emergency

Article 4. Declaration of a state of emergency

The decree of the President of the Russian Federation on the introduction of a state of emergency must define:

a) the circumstances that served as the basis for the introduction of a state of emergency;

b) justification for the need to introduce a state of emergency;

c) the boundaries of the territory in which a state of emergency is declared;

d) forces and means ensuring the state of emergency;

f) state bodies (officials) responsible for implementing measures applied in a state of emergency;

g) the time of entry into force of the decree, as well as the duration of the state of emergency.

Article 6. Promulgation of the decree of the President of the Russian Federation on the introduction of a state of emergency

RUSSIAN FEDERATION

FEDERAL CONSTITUTIONAL LAW

ABOUT THE STATE OF EMERGENCY

State Duma

Federation Council

Chapter I. GENERAL PROVISIONS

Article 1. State of emergency

2. The introduction of a state of emergency is a temporary measure used exclusively to ensure the safety of citizens and protect the constitutional order of the Russian Federation.

Article 2. Purposes of introducing a state of emergency

Chapter II. CIRCUMSTANCES AND PROCEDURE FOR ADMINISTRATION

STATE OF EMERGENCY

Article 3. Circumstances of introducing a state of emergency

Article 4. Declaration of a state of emergency

The decree of the President of the Russian Federation on the introduction of a state of emergency must define:

a) the circumstances that served as the basis for the introduction of a state of emergency;

b) justification for the need to introduce a state of emergency;

c) the boundaries of the territory in which a state of emergency is declared;

d) forces and means ensuring the state of emergency;

f) state bodies (officials) responsible for the implementation of measures applied;

g) the time of entry into force of the decree, as well as the duration of the state of emergency.

Article 6. Promulgation of the decree of the President of the Russian Federation on the introduction of a state of emergency

Article 7. Approval by the Federation Council of the Federal Assembly of the Russian Federation of the decree of the President of the Russian Federation on the introduction of a state of emergency

Article 8. Features of the activities of the Federal Assembly of the Russian Federation during the period of a state of emergency throughout the Russian Federation

Article 9. Duration of the state of emergency

1. The duration of a state of emergency introduced throughout the Russian Federation cannot exceed 30 days, and that introduced in its individual localities cannot exceed 60 days.

Article 10. Cancellation of a state of emergency by the President of the Russian Federation

Chapter III. MEASURES AND TIME RESTRICTIONS APPLICABLE

IN CONDITIONS OF EMERGENCY