Law on protection of the population against emergencies (1998)

LAW OF THE REPUBLIC OF ARMENIA ON PROTECTION OF THE POPULATION IN EMERGENCIES This law defines the procedures and the basic functions for the protection of the population in emergencies, as well as the rights and duties of State governance and local self governance bodies, enterprises, institutions, organizations independently from the organizational-legal type (Hereinafter: enterprises, institutions, organizations), officials and citizens. CHAPTER I GENERAL PROVISIONS Article 1. Main concepts used in this law The following main concepts are used in this law: Emergency: a situation located to a certain area or object and caused by an accident, dangerous natural phenomenon, technogenic or ecological (Environmental) disaster, epidemic, animal epidemic (Epizooty), largely spread infectious disease of plants and agricultural seedlings, utilization of firearms that results or can result in death of people, endangers or harms the human health or the environment, large financial losses and disturbance of human vital conditions Protection of the population: legal, organizational and engineering-technical measures for the protection of human vitality and health, as well as the property of citizens, the State and other entities in emergencies Anticipation of the emergency: prevention and elimination of the factor that can cause an emergency Reduction of the possible consequences of an emergency: a complex of prevention measures aimed at the moderation of the possible consequences of an emergency Elimination of emergency consequences: implementation of immediate rescue and rehabilitation activities aimed at the provision of normal conditions for human vital activity Disaster area: an area (Settlement, object) or the part of an area suffered from the consequences of an emergency situation Evacuation: temporary transfer or removal of people, animals and capital equipment from the dangerous to secure areas Shelter: temporary provision of human vital activity in certain constructions in emergencies caused by use of mass-elimination weapons and other elimination measures Individual protection: protection of people from radioactive, toxic and infectious substances Rescue works: a complex of measurements aimed at saving the people, capital and cultural wealth Rescuer: a physical entity trained and tested according to procedures defined by the legislation of the Republic of Armenia for implementing rescue works Rescue teams: unities formed by rescuers that obtain certain technical equipment and specialization in the implementation of rescue works Special, higher significance object: a dangerous object that provides for the vital activity of the population Article 2. System of protection of the population The legal basis for the protection of the population is both the Constitution of the Republic of Armenia and the international agreements of the Republic of Armenia, as well as this law and other legal acts. Article 3. System of protection of the population The State governance and local self-governance bodies, as well as enterprises, institutions and organizations are included in the system of the protection of the population. CHAPTER II MEASURES FOR THE PROTECTION OF THE POPULATION IN EMERGENCIES Article 4. Prevention measures for the protection of the population The prevention measures for the protection of the population are: a) In the respect of the protection of the population, reasonable territorial location of dangerous enterprises and industries on the general settlement plans b) Construction of buildings, houses, engineering networks, hydro-technical facilities, transportation ways and highways on a corresponding security level c) Provision of safe performance of the dangerous objects d) Organization of observations and control over radioactive, chemical or infectious contamination of environmental area and objects e) Provision of sustainability of the agricultural activities f) Organization of public education The prevention measures for the protection of the population are implemented in accordance with procedures defined by the Government of the Republic of Armenia. Article 5. Main measures for the protection of the population in emergencies The main measures for the protection of the population in emergencies are: a) Notification of the State bodies and the population about the menace or breakthrough of an emergency situation b) Organization and implementation of evacuation, provision of shelter and individual protection for the population in the disaster area c) Observation, investigation and control of the environment, water and food condition d) Protection of the population from radioactive, chemical and infectious substances e) Implementation of rescue and other immediate rehabilitative actions in the disaster area f) Empowerment of vitality protection and other objects important for human wellness g) Implementation of measures for improving the living standards of the population in the disaster area h) Regulation of transportation, import and export measures for the population in the disaster area i) Collection and use of State property, financial and technical resources and transport j) If necessary, management and use of public property in the disaster area, with a corresponding reimbursement k) Use of State, departmental and local communication networks for the organization of rescue works in the disaster area l) Implementation of quarantine and other sanitary-epidemiological measures in the disaster area m) Protection of agricultural seedlings and fauna in the disaster area n) Provision of medical services to the population o) Assessment of the harm caused to the disaster area as a result of an emergency p) Involvement of the citizens (Due to their agreement) in accordance to their professional and individual skills in the process of elimination of the emergency consequences, in order to provide for the protection of the population In order to implement the measures envisaged by this article, if necessary, the Government of the Republic of Armenia will create special management bodies. CHAPTER III PRONCIPLES AND WAYS OF PROTECTION OF THE POPULATION Article 6. Principles of protection of the population The protection of the population is implemented throughout the whole area of the country. The protection of the population is implemented in accordance with age, settlement, strategic and economic specialties, by the procedures defined by the legislation of the Republic of Armenia. The principles of the protection of the population are: a) The priority of the protection of human vitality b) The publicity of population protection in emergencies c) Demonstration of complex approach to organization of measures on provision of regular activity of the system of reduction of emergency consequences and the protection of the population from them d) Implementation of measures for provision of technical security, in order to prevent technogenic emergencies and catastrophes Article 7. Ways of protection of the population The ways of protection of the population are: evacuation, shelter provision and individual protection. Article 8. Evacuation of the population The Government of the Republic of Armenia defines the procedure for the evacuation of the population from the disaster area. If necessary, the population can be evacuated on foot, in organized lines. The regional State governance and local self-governing bodies implement the evacuation, acceptation and settlement of the evacuated population. Article 9. Provision of a shelter The shelter is provided at special over-ground and/or underground constructions (Asylums, sanctuaries, the metro), as well as in the areas of the housing fund. The time of the shelter provision is defined by bodies authorized by the Government of the Republic of Armenia (Hereinafter: authorized bodies). The State governance and local self-governing bodies, enterprises, institutions and organizations implement the provision of shelters for the population. Article 10. Individual protection The system of individual protection provides for the safety of human organs and skin from toxic evaporation, penetration of aerosols, radioactive dust, infectious microbes and the impact of toxic substances. The State governance and local self-governing bodies, enterprises, institutions and organizations provide the measures of individual protection. Article 11. Organization of evacuation, shelter provision and individual protection for the population According to procedures defined by the Government of the Republic of Armenia, State governance and local self-governing bodies, enterprises, institutions and organizations organize the evacuation, shelter provision and individual protection for the population. CHAPTER IV AUTHORITIES OF STATE GOVERNANCE AND LOCAL SELF-GOVERNING BODIES, ENTERPRISES, INSTITUTIONS AND ORGANIZATIONS CONCERNING THE PROTECTION OF THE POPULATION Article 12. Authorities of the Government of the Republic of Armenia The Government of the Republic of Armenia a) Coordinates the protection of the population in emergencies b) Adapts the projects on reduction of emergency consequences and implements control over their implementation c) Defines the procedures on implementing State examination of objects, subjects and processes that can cause an emergency d) Provides for the publicity and information provision to the population in emergencies e) Defines the disaster area and its territory, as well as organizes the works on provision of maximum support and financial resources to that area f) Defines the procedures for assessment and reimbursement of harm caused to the population in emergency g) Disposes other authorities defined by the legislation of the Republic of Armenia concerning the protection of the population h) Adapts the procedure on provision of support, creation of funds for financial, medical, material resources and food provision to the population in the disaster area Article 13. Authorities of the authorized bodies The authorized body: a) Develops and implements projects on prevention of emergencies, reduction and elimination of emergency consequences and protection of the population b) Creates and accumulates financial, nutritional, medical, material and other resources, funds for the support of the population in emergency and provides for their targeted use c) Organizes State examination of objects, subjects, processes, plans and decisions that possibly caused an emergency d) According to procedures defined by the Republic of Armenia, organizes the attestation of the rescuers and training of the population on protection of the population in emergencies e) Coordinates and implements control over the activities of State executive, State governance and local self-governing bodies, enterprises, institutions and organizations on protection of the population f) Organizes the publicity and information provision to the population in emergency g) Disposes other authorities defined by the legislation of the Republic of Armenia Article 14. Authorities of State executive bodies The State executive bodies: a) Organize the protection of their employees in emergencies b) Organize the activities of subordinate enterprises, institutions and organizations in emergencies c) Within their authorities provide for the protection of the population and create professional unities, in that respect d) Dispose other authorities defined by the legislation of the Republic of Armenia Article 15. Authorities of regional State governance bodies The regional State governance bodies: a) Organize the protection of the population of the region (Marz) in emergencies b) Organize the development of projects on prevention of emergencies, reduction and elimination of emergency consequences, and coordinate works envisaged in those projects c) Participate in implementation of measures on prevention of emergencies, reduction and elimination of emergency consequences and other operative activities, envisaged by State projects d) Involve the local self-governing bodies and the population in works on prevention of emergencies and reduction and elimination of their consequences e) Give performance orders to the regional services of the State Executive bodies on internal affairs and national security concerning the protection of the population and organization of sanitary-epidemiological and quarantine measures f) Give performance orders to the regional services of the State Executive bodies on prevention of emergencies, reduction and elimination of emergency consequences and the protection of the population g) Are responsible for the protection of the population of the Marz h) Dispose other authorities defined by the legislation of the Republic of Armenia concerning the protection of the population Article 16. Authorities of the local self-governing bodies The local self-governing bodies: a) Organize the protection of the community population in emergencies b) Implement rescue and rehabilitative activities for provision of proper functioning of the community objects in emergencies c) Organize rescue works in the community area d) Implement emergency prevention and reduction of emergency consequences in the community area e) Provide for the publicity for the population of the community in emergency f) Dispose other authorities defined by the legislation of the Republic of Armenia concerning the protection of the population Article 17. Authorities of enterprises, institutions and organizations During emergency situations the enterprises, institutions and organizations: a) Provide for the protection of their employees b) Support the rescue and other necessary activities and create the necessary resources for implementation of envisaged works The objects of special significance implement the immediate publicity and protection of the population settled in areas dangerous for human vitality. CHAPTER V RIGHTS AND DUTIES OF CITIZENS OF THE REPUBLIC OF ARMENIA Article 18. Duties of the citizens of the Republic of Armenia Each citizen of the Republic of Armenia is obliged to participate in the implementation of measures for the population suffering from the consequences of an emergency, according to procedures defined by the legislation of the Republic of Armenia. Article 19. Rights of the citizens of the Republic of Armenia Each citizen of the Republic of Armenia, in accordance to procedures defined by the legislation of the Republic of Armenia has the right to obtain reimbursement for the harm caused as a result of an emergency, receive correct information on the emergency situation, the possible impact of the emergency and his protection status. The management and temporary use of the public property for State purposes can be performed with the following reimbursements (Only for the implementation of rescue works aimed at protection of health and safety), according to procedures defined by the Government of the Republic of Armenia. CHAPTER VI PUBLIC TRAINING Article 20. Public training The training of the population on the main problems arousing in emergencies is organized by procedures defined by the Government of the Republic of Armenia. CHAPTER VII RESCUE FORCES Article 21. Activities of the rescue forces In order to provide professional support to the population and implement rescue works in emergency situations, rescue forces are created. They include State; public and divisional rescue teams that act due to the system of central management and in the conditions of justified risk. During implementation of rescue and other necessary works in emergencies, the rescuers can: a) Have unlimited access to the areas of enterprises, institutions and organizations and, if necessary, into the apartments of the citizens b) Open closed doors, windows, break fences and constructions if their existence creates obstacles for the implementation of the rescue works or can bring to negative consequences In case of emergencies outside the area of the Republic of Armenia the rescue teams will be assigned by the decision of the Government of the Republic of Armenia. The status of the rescue force, the social security procedures for rescuers, their families, as well as other rescuing citizens that are not included in the rescue works are defined by the Government of the Republic of Armenia. The Government of the Republic of Armenia defines the procedures for reimbursement for the harm caused as a result of the rescue works. The liabilities of the rescuers for publicizing State, civil or trade secret data is defined by the legislation of the Republic of Armenia. CHAPTER VIII PROVISION OF MATERIAL, TECHNICAL AND FINANCIAL RESOURCES FOR THE PROTECTION OF THE POPULATION Article 22. Main sources of material, technical provisions and financing The State executive, regional State governance and local self-governing bodies provide the material, technical and financial measures for the protection of the population of enterprises, institutions and organizations from the State budget of the Republic of Armenia and the community budgets. CHAPTER IX CONCLUDING PROVISIONS Article 23. Liabilities for violating the laws of the Republic of Armenia on provision of protection for the population in emergencies According to procedures defined by the legislation of the Republic of Armenia, the officials and citizens will be liable for not satisfying the requirements of this law, as well as for creating preconditions for emergency situations. The protection of the population during a war (Civil protection) will be implemented by procedures defined by the legislation of the Republic of Armenia The President of the Republic of Armenia Robert Kocharyan Yerevan 29th of December 1998