The Law of the Republic of Armenia on Rescue Forces and Status of Rescuers PDF  | Print |
Adopted on May 25 2004
THE LAW OF THE
REPUBLIC OF ARMENIA
ON RESCUE FORCES AND STATUS OF RESCUERS


The present law regulates the basis and order of establishment of the rescue forces and activities, rights, obligations, social guarantees and material provision basis of rescuers and citizens that participated in the rescue and urgent accident-reconstruction operations.


CHAPTER I. General provisions

CHAPTER II. Rescue forces
CHAPTER III. Participation of rescue forces in the operations of emergencies prevention, consequences reduction and elimination
CHAPTER IV. Rescuers and their ststus
CHAPTER V. Rescue service in the structure of the competent body
CHAPTER VI. Social advantages of rescuers not included in the structure of the competent body and members of their families
CHAPTER VII. Concluding provisions

 

CHAPTER I

GENERAL PROVISIONS


Article 1. The main concepts used in present law.

The following concepts are used in the present law:
Place of emergency - Territory, object, where the emergency occurred.
Rescuer - Physical person qualified according to the order defined by the Legislation of the Republic of Armenia and prepared to implement the rescue operations.
Rescue forces - Formations envisaged for the implementation of rescue operations, equipped with qualified rescuers and appropriate rescue devices.
Rescue formations - Subdivisions with permanent readiness in the structure of State Governing Bodies, Communities and organizations in order to implement rescue and accident-reconstruction operations, as well as organizations with the status of a legal person equipped with rescuers, rescue means and persons providing the rescuers operations.
Rescue service - The professional activity of the person appointed to the post of a rescuer in the system of the State Governing Body authorized in the sphere of population protection and civil defence during the emergencies.
Rescue means - Technical, scientific-technical means, intellectual activities results, equipment, outfit, materials and devices envisaged for the implementation and management of the rescue and accident-reconstruction operations.

Article 2. The legal basis of rescue forces and rescuer status
The legal basis of the rescue forces activities and the status of the rescuer are the Constitution of the Republic of Armenia, RA international agreements, the present law, as well as other legal acts.

Article 3. The basic principals of rescue forces and rescuers activities
The basic principals of rescue forces and rescuers activities are:
a) Priority of human life protection and heath safety;
b) The activities of rescue forces and rescuers in the scope of justified risk;
c) Centralized management of rescue formations;
d) The permanent preparedness of rescue forces, communication lines, vital provision and reconstruction of objects with strategic importance for the implementation of rescue and accident-reconstruction operations.

Article 4. Types of rescue operations
Rescue operations are the complex of measures implemented with the aim to rescue people, animals, materials and cultural heritage.
The rescue operations are: search-and-rescue, mountain-rescue, gas-rescue, fire fighting, medical-sanitary, avalanche-rescue, water-rescue and other kinds of operations.


CHAPTER II
RESCUE FORCES

Article 5. Establishment of the rescue forces
1. Rescue forces are established:
a) As professional forces: search-and-rescue, mountain-rescue, gas-rescue, fire fighting, medical-sanitary, avalanche-rescue, water-rescue and other kinds of forces,
b) As volunteer forces: search-and-rescue, mountain-rescue, gas-rescue, fire fighting, medical-sanitary, avalanche-rescue, water-rescue and other kinds of forces.
2. The professional rescue forces are established by State Governing Bodies, i.e. Republican rescue forces; Marz (regional) rescue forces are established by the State Governing Regional Bodies; Intercommunity and Community rescue forces are established by the Local Self-Governing Bodies; other forces are established by organizations.
3. Volunteer rescue formations are established by the order defined by law of the Republic of Armenia "On public organizations".

Article 6. Tasks of rescue forces
The main tasks of the rescue forces are:
a) Provision of the permanent readiness,
b) Implementation of rescue and accident-reconstruction operations,
c) Prevention of emergencies, reduction and elimination of possible consequences in the served territories and objects,
d) Maintenance and enhancement of the professional level.
e) Participation in the implementation of civil defence operations in cases envisaged by law and other legal acts.
f) In cases envisaged by law and other legal acts participation in training in the sphere of civil defence and population protection in emergencies.
g) In cases envisaged by law and other legal acts participation in testing of the means necessary to implement the rescue operations.
2. The rescue formations establishing body defines the whole scope of the tasks binding on them and defined in the Formation Charter.

Article 7. The personnel of rescue forces
1. The establishing bodies define the personnel, structure and Charter of the rescue forces.
2. The Governing Bodies, rescue subdivisions, scientific-research, training and other subdivisions that provide the rescue forces operations are included in the personnel of rescue forces.

Article 8. Recruitment of rescue forces
1. Chief of rescue forces established by State Governing and Local Self-Governing Bodies and organizations implements the recruitment of those forces.
2. People meeting health standards defined for servicemen and applicable for conscription during peacetime are employed as rescuers in the specialized rescue forces and in rescuers training institutions.
3. People qualified by the State Governing Body authorized in the sphere of civil protection and civil defence in emergencies (henceforth Authorized Body) and undergone the rescue training are included in direct implementation of rescue operations.
4. At entering the rescue forces the rescuer signs an agreement on rescue service, where specifics and regime of the work, payment order and scope of work, social rights and guarantees, tasks of rescuers, responsibilities and other concepts are defined.

Article 9. The activities of rescue forces
1. The implementation of rescue operations is related with factors dangerous for human life and health and requires a special readiness and technical equipment.
Rescue operations are performed according to the security orders, which are confirmed by the Authorized Body.
2. Activity of rescue forces has a special character and presupposes immediate implementation of all orders and instructions of the chiefs by personnel.
3. It is prohibited to stop rescue activities to solve collective disagreements.
4. Permanent readiness of rescue forces and rescuers is provided by means of studies, sports-training meetings, training exercises and further training.
5. Transportation means of rescue forces are equipped with special voice, light signal means and distinguishing signs defined by the Authorized Body.
6. Rescue operations can be implemented also on enterprise basis.
7. Legal persons implementing the rescue operations on enterprise basis, employees, as well as public organizations established for that purpose can implement rescue operations only after obtaining the appropriate qualification.
8. The Government of the Republic of Armenia adopts the order of the activities of rescue forces.

Article 10. The qualification of rescue formations and rescuers
1. The rescue formations and rescuers are subject to compulsory qualification. The Authorized Body carries out the qualification of the rescue formations and rescuers.
2. The regular qualification of the rescue formations and rescuers is conducted once in three years.
3. The out-of-turn qualification of rescue formations and rescuers is conducted at least in one year after regular qualification and on the basis of the grounded decision of the rescue formations establishing body, Authorized Body, who has the competence to appoint the rescuer and by wish of rescue formations and rescuer.
4. The qualification is conducted with direct participation of qualifying persons.
5. The rescue formations and rescuers are not subject to qualification:
a) After passing a new qualification, after receiving a new qualification class during a year, if such a wish is not expressed.
b) Rescuers of international level
c) Rescuers on holiday in the result of temporary disability, guardianship for pregnant, children up to 3 years old, if such a wish is not expressed.
6. Rescuers on holiday in a result of temporary disability, guardianship for pregnant and children must be qualified not earlier than in a year after they return from holiday, if no wish for early qualification is expressed.
7. At least two weeks before the qualification the direct chief of rescue formations and rescuers submits their marks and service characteristics.
8. The body that established these formations confirms the rescue formations marks before submitting them to the qualification commission.
9. The direct chiefs and chiefs of formations confirm the service characteristics of the rescuer.
The service characteristics of the rescuer include the information about rescuer, his practical characteristics and grounded mark of his practical features and activities. This mark is based on the conclusion of the head of rescuers based on the report of rescuer on the operations implemented by him during the period of time after his previous qualification.
10. The rescuer has a right to get familiar with his service characteristics at least one week before the qualification day.
11. Marks and service characteristics are not required for rescue formations and rescuers qualified for the first time.
12. Head of the Authorized Body establishes the qualification commission.
Taking into account the specifics of rescue qualification, the Chief of the Authorized Body can establish more than one qualification commission according to rescue operations.
13. As a result of qualification the commission makes only one of the following decisions:
a) With regard to rescuer:
- Award him qualification class,
- Confirm awarded qualification class,
- Enhance his qualification class,
- Delay his qualification and make a proposal for further training of a rescuer,
- The given qualification class is not relevant.
b) With regard to rescue formation:
- Allow to carry out rescue operations,
- Prohibit the carrying out rescue operations,
- Delay the qualification and make proposal for further training of a rescuer.
The decision of the qualification commissions is made if the two third of the members of the Committee is for it.
14. The qualified persons have a right to know the qualification results and appeal against the results in seven days after the qualification.
15. The qualification results and decisions in one week after the qualification are submitted by the committee to the superior body of the qualified rescue formation or to Authorized Body that can appoint rescuers and make an appropriate decision taking into account the decisions of the qualification commission.
16. During rescuers temporary disability or holiday the appropriate decision is made on the basis of qualification results within 3-days after the rescuer starts working.
17. The qualification results are preserved in the rescue formations registration and qualification journals and rescuers personal affairs book.
18. The Government of the Republic of Armenia establishes the qualification conducting order and conditions.


CHAPTER 3
PARTICIPATION OF RESCUE FORCES IN THE OPERATIONS OF EMERGENCIES PREVENTION, CONSEQUENCES REDUCTION AND ELIMINATION

Article 11. Involvement of rescue forces in rescue operations
1. Rescue forces are involved in the emergencies prevention, possible consequences reduction and elimination as well as civil defence activities:
a) According to the plans of population protection in emergencies.
b) According to civil defence plans.
c) In the place posing the real danger of emergencies detected as a result of monitoring by the decision of the Authorized Body.
2. The implementation of the rescue and urgent accident-reconstruction operations in the organizations is conducted according to the plans of the population protection and civil defence in emergencies.
3. The rescue forces are involved in the operations of emergencies prevention, possible consequences reduction and elimination outside of the territory of the Republic of Armenia by the decision of RA Government.
4. The rescue staff, transport and technical means cannot be involved in the works not related to the rescue operations.

Article 12. Management of rescue forces activities
1. General management of rescue forces is carried out by the chief of the emergencies prevention, possible consequences reduction and elimination activities.
2. Leaders of rescue forces that are the first to enter the disaster zone bear the responsibilities of the chief of emergencies prevention, possible consequences reduction and elimination operations before the arrival of the chief envisaged by plans of population protection and civil defence in emergencies.
3. Before the arrival of the rescue forces mentioned in the 2nd part of Article 5 of the present law the volunteer rescuers initiate the implementation of rescue operations in disaster zone. As soon as the main forces arrive the volunteers operate under their management.
Volunteer rescuers are taking a holiday without salary preservation at arriving in the disaster zone. During rescue operations implementation the State or insurance company for volunteer rescuers reimburses the damage to the rescuers health and life.
4. Decisions of the chief of emergencies prevention, possible consequences reduction and elimination operations are binding for all citizens and organizations in disaster zone.
5. The official person who appoints the chief of emergencies prevention, possible consequences reduction and elimination operations is competent to interfere in his activities.
6. The chief of emergencies prevention, possible consequences reduction and elimination operations has a right to make decision by himself:
a) On moving the population from disaster zone into the safe place.
b) On temporary cessation of organization works in disaster zone.
c) On rescue operations implementation in the territories of the organizations located in disaster zone.
d) On limitation of entries of people and transport means into the disaster zone.
e) On usage of equipments and means necessary for rescue operations.
f) On population involvement in urgent operations on voluntary basis.
g) On other measures aimed at the emergencies, reduction and elimination of consequences.
In case of impossibility of carrying out the whole volume of the rescue works, the chiefs of the emergencies prevention, possible consequences reduction and elimination operations can make a decision on partial or full cessation of the rescue operations by taking measures for saving human life and health in disaster zone.
The chiefs of emergencies prevention, possible consequences reduction and elimination operations are obliged to inform State Governing and Local Self-Governing Bodies and heads of organizations that appoint them to the post on the made decisions.
7. Heads of emergencies prevention, possible consequences reduction and elimination operations have the right to receive correct and complete information on emergencies prevention, possible consequences reduction and elimination within the frames of their responsibilities.

Article 13. Assistance to the rescue forces activities
1. State Governing and Local Self-Governing Bodies and organizations are obliged to assist the forces arriving at disaster zone or departing from the disaster zone to the place of their permanent dislocation providing them with free of charge transport and communication means with further equivalent reimbursement.
2. The transport means of rescue forces make use of a priority traffic advantage as well as priority right of being provided with fuel lubricating materials, spare units and technical service on arriving at site where the emergencies prevention, possible consequences reduction and elimination operations are conducted.
3. During the implementation of rescue and urgent accident-reconstruction operations rescue forces have the right to use communication and transportation means as well as other properties of organizations and citizens according to the order defined by law (except for transportation means and other properties of special significance or belonging to diplomatic, consular, foreign countries missions and international organizations) with further equivalent reimbursement.

CHAPTER 4
RESCUERS AND THEIR STATUS

Article 14. Rescuers
1. Citizens of the Republic of Armenia receive a rescuer status as a result of qualification. The rescuers give an oath of a rescuer. The Government of RA defines the text and order of the oath.
2. The following qualification classes are awarded to rescuers:
a) Rescuer of an international class
b) 1st class rescuer
c) 2nd class rescuer
d) 3rd class rescuer
e) Rescuer
3. At awarding a rescuer status to the citizens of the RA the rescuer is provided with certificate, rescuer booklet, metallic token with the name, surname, blood group and notes of personal class the Charter, form and legislation of which are defined by the Head of the Authorized Body.
The rights and obligations of the rescuer defined by the present law are mentioned in the rescuers book.

Article 15. The rights of rescuers
1. Rescuers involved in the emergencies prevention, possible consequences reduction and elimination operations have the right of out-of-turn obtainment of traffic cards of different transport types for the purposes of arriving at the operations implementation place.
2. During emergencies prevention, possible consequences reduction and elimination operations the rescuers have the right:
a) To receive a necessary complete and correct information for carrying out their duties within the frames of their responsibilities.
b) To require all the persons in disaster zone to maintain all security rules.
c) To have a free access to the dwelling and industrial territories and organizations in disaster zone.
d) To use the communication, transportation and other material means in disaster zone in case of necessity and for life rescuing with further equivalent reimbursement.
3. Rescuers involved in emergencies prevention, possible consequences reduction and elimination operations have the right of special food provision, medical and psychological rehabilitation.
Article 16. Duties of rescuers
1. The rescuers are obliged:
a) To search and undertake measures to rescue people,
b) To be ready for providing first medical assistance during the implementation of the emergencies prevention, possible consequences reduction and elimination operations.
c) To enhance their physical, professional, medical, psychological obligations,
d) To enhance the working abilities and skills in rescue forces formations.
e) To keep the security rules during rescue operations implementation.
f) To immediately carry out orders of the heads of their formations during the emergencies prevention, possible consequences reduction and elimination operations.
g) To explain the rules of safe operations to the population during emergencies for disaster prevention.
h) To remain faithful to the rescuers oath.


CHAPTER 5
RESCUE SERVICE IN THE STRUCTURE OF THE COMPETENT BODY

Article 17. Rescue service
1.The citizen passing the rescue service in the structure of the competent body is appointed as a rescuer after graduating the rescue preparedness courses, experimental period, after receiving a qualification class defined by the present law and after giving a rescuers oath.
2. Rescuers of qualified rescue forces and rescue formations, which are not included in the structure of the competent body, are appointed as rescuers without experimental period according to their qualification class during rescue service.
3. Rescue service, appointment of rescuers, relieving of their post, displacement and posting of the rescuer, holiday provision, dismissal from service and affairs connected with money gratification are regulated by the order defined for the servicemen.

Article 18. The social security of the rescuers who passed the rescue service and the members of their families
Social guarantees and advantages envisaged for servicemen are given to rescuers and members of their families.
1. The pension insurance of the rescuers, that have passed a rescue service and the members of their families is regulated by the Law of the Republic of Armenia "On social security of servicemen and members of their families", by the order defined for the servicemen and members of their families.

Article 19. Monitoring of the activities of rescue forces and rescue formations
1. The competent body carries out the monitoring of the activities of rescue forces and rescue formations.
2. The competent body conducts rescue formations registration journal for registration of rescue formations functioning in the territory of the Republic of Armenia and for operative involvement in emergencies prevention, possible consequences reduction and elimination operations as well as in civil defence activities.
2. Every 6-month the State Governing and Local Self-Governing Bodies, organizations submit information to the Authorized Bodies on their rescue formations.
The State Governing Body that makes registration of legal persons submits to the Authorized Bodies the information on rescue formations that have a status of a legal person.
3. The chief of the competent body defines the form and conduction order of the registration journal of rescue formations.


CHAPTER 6
SOCIAL ADVANTAGES OF RESCUERS NOT INCLUDED IN THE STRUCTURE OF THE COMPETENT BODY AND MEMBERS OF THEIR FAMILIES

 

Article 20. Working and rest regimes of rescuers not included in the structure of the competent body.
1. The regime of everyday work of rescuers not included in the structure of the competent body is defined by internal working rules.
2. Depending on the character of emergencies, medical instructions and rescue operations the working regime and duration of working day of the rescuers during emergencies prevention, possible consequences reduction and elimination operations can be changed by the head of emergencies prevention, possible consequences reduction and elimination operations.
3. Duration of annual regular holiday of the rescuer is established:
a) For up to 10 years service in the rescuer post - 30 calendar days,
b) For 10-15 years continual length of service - 35 calendar days,
c) Over 15 years continual length of service - 40 calendar days,
4. Rescuers are provided with necessary equipments and outfits for the rescue operations implementation.
5. Taking into account the specifics of the rescue operations the working legislation requirements affect to rescue forces and rescuers if not contradicting the present law.

Article 21. Rescue operations salary
1. The salary for the rescue operations is implemented according to the agreement and law.
2. The salary of the employees of the organizations rescue subdivisions cannot be lower than the amount of average salary of the same organization.

Article 22. Rescuers insurance
1. The rescuers are subject to the compulsory personal insurance according to the order and measures defined by the Article 18 of the present law.
2. Rescuers are insured:
a) At appointment to the rescuer post.
b) At involvement in emergencies prevention, possible consequences reduction and elimination operations.
3. The State Governing and Local Self-Governing Bodies and organizations make the insurance of the rescuers by the defined order.
4. The removal of rescuers cinders that died during the implementation of duties or as a result of health damage, the expenses connected with funeral, grave building and reconstruction are carried out by means of the relevant State Budget, Communities Budgets and organizations means according to the order and measures defined by Article 18 of the present law.
5. If rescuers found a legal person the mentioned organization insures the life and health of its employees. But if the rescuer is an individual entrepreneur, who can hire employees with a status of a rescuer to participate in rescue operations, the entrepreneur is obliged to insure the life and health of rescue employees.

Article 23. Social security of members of rescuers families
Members of rescuers families who died during the implementation of duties or as a result of health damage make use of advantages envisaged for rescuers for one-year period.

Article 24. The social security of citizens involved in emergencies prevention, possible consequences reduction and elimination operations
1. Citizens who are not considered rescuers can be involved in emergencies prevention, possible consequences reduction and elimination operations according to point "f" of the part 6 of the Article 12 of the present law.
2. State Governing Bodies, Local Authorities and heads of the emergencies prevention, possible consequences reduction and elimination operations make a decision on involving the citizens, who are not considered rescuers, in emergencies prevention, possible consequences reduction and elimination operations.
3. Citizens involved in emergencies prevention, possible consequences reduction and elimination operations enjoy the advantages and guaranties envisaged for rescuers.

CHAPTER 7
CONCLUDING PROVISIONS


Article 25. The reimbursement of damages caused during rescue operations
1. Usage and reimbursement of rescue operations property and means irrespective of the property type are carried out by the order defined by law of the Republic of Armenia.
2. During the rescue operations rescuers and the heads of those operations bare a responsibility for not fulfilling their obligations or in case of causing damages to citizens health, environment, equipment by intentional or careless attitude according to the order defined by law.

Article 26. The main forces of financial provision and logistics for rescue formations and rescue operations
The logistics and financing of rescue formations and rescue operations are carried out by means of State budget, Local Self-Governing Bodies Budget, means of RA organizations, and from other sources not prohibited by RA legislation.
The social security financing for rescuers involved in the fulfillment of rescue operations and civil defence events and for their families is carried out by means of RA State Budget.

Article 27. Responsibility for the violations of the present law
Violations of the requirements of the present law bring about a responsibility according to the order defined by law.
Article 28. Entering of the law into force
The present law enters into force from January 1 2005.

 

President of the Republic of Armenia R. Kocharyan
June 19 2004
Yerevan HO-85-N