CHAPTER 21
EMERGENCY POWERS
Article 129 — Constitutional Principle of Emergency Government
Emergency government is an exceptional constitutional regime permitted only to preserve the Republic, protect the population, and restore lawful constitutional conditions.
Emergency powers shall never be interpreted as a source of unrestricted authority.
All emergency measures shall remain bound by: a) the Constitution; b) judicial review; c) parliamentary control; d) necessity and proportionality; e) temporariness.
Emergency government may not be used to alter the democratic order, abolish institutions, delay accountability indefinitely, or extinguish the sovereignty of the people. Any emergency measure that violates this paragraph is void. The Constitutional Court shall annul it immediately upon application, without waiting for the outcome of any other proceeding.
Article 130 — Grounds for Declaring a State of Emergency
A state of emergency may be declared only in the event of: a) direct armed aggression against the Republic or an imminent existential military threat verified by credible evidence; b) natural catastrophe causing grave and widespread danger to life, health, or constitutional order; c) technological catastrophe causing grave and widespread danger to life, health, essential infrastructure, or constitutional order.
Economic difficulty, peaceful protest, partisan conflict, public criticism, labor disputes, electoral uncertainty, or ordinary crime shall not constitute grounds for a state of emergency.
Article 131 — Emergency Committee
A state of emergency may be declared only by a Special Emergency Committee composed of: a) the Prime Minister; b) the Minister of Defense; c) the Speaker of the Lower House.
The Emergency Committee shall act by unanimous decision — all three members must agree. If any member refuses, no state of emergency may be declared. No member may be coerced, removed, or substituted to obtain unanimity.
No member of the Emergency Committee may unilaterally declare emergency rule.
3a. If a member of the Emergency Committee is dead, permanently incapacitated, or criminally detained, their function shall be exercised by the constitutional successor to their office established by law. If no successor can be established within four (4) hours, a state of emergency may not be declared until the vacancy is filled.
- The declaration shall: a) state the specific constitutional ground under Article 130(1); b) define the territory affected, which shall be limited to the area directly affected by the emergency; c) specify the measures adopted and the rights they limit; d) state the duration, which shall not exceed thirty (30) days for the initial declaration; e) identify each right limited, the specific reason for each limitation, and the least restrictive alternative considered; f) be published within two (2) hours of adoption in all accessible public channels.
Article 132 — Parliamentary Review of Emergency Declaration
Any declaration of a state of emergency shall be transmitted to Parliament within two (2) hours of adoption.
Parliament shall convene within twenty-four (24) hours of receiving the declaration and shall vote to approve, modify within constitutional limits, or terminate it within forty-eight (48) hours of receiving the declaration.
If Parliament is not in session, it shall be convened immediately by obligation of the Speaker of the Lower House. If the Speaker of the Lower House is unavailable, the Deputy Speaker shall convene Parliament. No person or institution may prevent Parliament from convening during an emergency.
A state of emergency not approved by an absolute majority of the Lower House — seventy-six (76) of one hundred fifty (150) deputies — within forty-eight (48) hours of transmission expires automatically and may not be re-declared on the same grounds for thirty (30) days without new evidence.
Article 133 — Constitutional Court Review of Emergency Measures
The declaration of a state of emergency and all emergency measures are subject to immediate review by the Constitutional Court upon application by any actor with standing under Article 90, any court, any deputy, or any person directly affected by the emergency measures.
The Constitutional Court may: a) uphold the declaration; b) annul it in whole or in part; c) annul specific emergency measures; d) order constitutional compliance.
The Constitutional Court shall decide emergency review applications within forty-eight (48) hours of filing. Judicial review shall not be obstructed by claims of political question, secrecy, or executive discretion. The Court may issue interim orders suspending specific emergency measures within four (4) hours of application where irreparable harm is imminent.
Article 134 — Duration and Renewal
A state of emergency shall be limited to the shortest period necessary and shall not exceed thirty (30) days for the initial declaration.
Each renewal shall not exceed thirty (30) days and requires approval by an absolute majority of the Lower House — seventy-six (76) of one hundred fifty (150) deputies. The total duration of any state of emergency, including all renewals, shall not exceed one hundred and eighty (180) days. No further extension is constitutionally possible; a new state of emergency may be declared only after a minimum gap of sixty (60) days and only if entirely new grounds exist.
Each renewal shall be subject to Constitutional Court review as provided in Article 133. The Court may terminate a renewal if the original grounds no longer exist.
Prolonged or rolling emergency rule designed to normalize exceptional powers is prohibited and constitutes a grave crime against the Republic under Article 110a.
Article 135 — Non-Derogable Rights in Emergency
Even during a state of emergency, the following shall not be suspended, abolished, or derogated from: a) human dignity; b) the right to life, except lawful consequences of armed conflict as recognized by international law and the Constitution, or the constitutionally permitted imposition of the death penalty under Articles 2(3) and 5(3) following full judicial process as required by Article 10(3); c) the prohibition of torture and inhuman treatment; d) judicial protection and access to court; e) habeas corpus; f) presumption of innocence; g) the eternity clauses of this Constitution; h) the absolute prohibition on use of force against the people of Qazaq Republic established by Article 110a of this Constitution.
Any emergency act violating paragraph 1 is void.
Article 136 — Elections, Referendums, and Democratic Continuity During Emergency
Elections and referendums may be postponed only where the Constitutional Court determines, upon application, that it is objectively impossible to conduct them freely, safely, and constitutionally. The Emergency Committee and Parliament may not unilaterally postpone elections without this determination.
Any postponement shall be: a) limited to the duration of the emergency plus a maximum of ninety (90) additional days; b) justified publicly with specific reasons; c) subject to continuous parliamentary and Constitutional Court review; d) terminated immediately when conditions permit free and safe elections.
Emergency powers may not be used to cancel democratic accountability indefinitely or to prolong office without constitutional justification.
Article 137 — Military and Police in Emergency
Emergency does not transform the armed forces into ordinary police authorities.
Internal use of armed forces during emergency shall remain exceptional, temporary, and under civilian constitutional control.
Police, military, reserve, and emergency services remain bound by law, rights, and judicial review in emergency conditions without exception.
Orders given during emergency remain unlawful if manifestly unconstitutional or criminal. The prohibition on use of force against the people of Qazaq Republic established by Article 110a of this Constitution applies in full during any state of emergency. No emergency declaration, military order, or security directive may suspend or modify the duty established by Article 110a. Any officer or soldier who uses force against the civilian population of Qazaq Republic during an emergency commits a grave crime against the Republic regardless of any order received.