ПОСТАНОВЛЕНИЯ ГЛАВНЫХ ГОСУДАРСТВЕННЫХ САНИТАРНЫХ ВРАЧЕЙ: ПРАВОВАЯ ПРИРОДА И ЗАКОННОСТЬ ОГРАНИЧЕНИЙ ПРАВ И СВОБОД ЧЕЛОВЕКА

Abstract

Summary. This article deals with legal nature of the rulings of the Chief State Sanitary Inspectors, possibility and legality of imposed restrictions on human rights during COVID-19 pandemic in Kazakhstan. Goal. The article aims at defining the legal nature of abovementioned rulings with determination of their place within the Kazakhstan’s legal system and legal norms that allow Sanitary Inspectors to impose limitations on human rights. Imposed restrictions were evaluated in terms of their compliance with both the Kazakhstani laws and international human rights law provisions. The author analyzes current legal issues and does not aim at appealing the necessity of certain restrictions to protect the public health. Methods. Historical method, comparative legal analysis as well as studying and synthesis were used during research. Results. Analysis of the legal information and practice of certain states made it possible to come to the following results. Rulings of the Chief State Sanitary Inspectors are neither normative legal acts, nor non-normative legal acts. In other words, their position within Kazakhstan’s legal system is undefined. Also, there is no law that define criteria in accordance with which human rights and freedoms could be restricted and no exhaustive list of rights and freedoms that might be limited during massive spread of infectious and other dangerous diseases. The rulings didn’t follow the conditions stipulated in Kazakhstan’s Constitution and International Covenant on civil and political rights. Conclusions. Uncertain position of the rulings of the Chief State Sanitary Inspectors makes it necessary to regulate them within the newly adopted Administrative procedural and processrelated Code of the Republic of Kazakhstan that will enter into force on July 1st, 2021 and referring to them as administrative acts. This will clarify the process of their adoption, enforcement and appealing. Treatment of the rulings as administrative acts as well as introduction of legislative amendments in terms of adoption of the exhaustive and complete list of human rights and freedoms that might be restricted and the officials that might impose them will ensure the legality and legal certainty related to human rights.