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DECREE of OLIY MAJLISOF OF THE REPUBLIC OF UZBEKISTAN

on the Entering into Force of the Law of the Republic of Uzbekistan

on COMBAT OF TERRORISM

Oliy Majlis of the Republic of Uzbekistan decrees to:

  1. Enter into force the Law of the Republic of Uzbekistan ‘on Combat of Terrorism’ at the day of its publication.
  2. The Cabinet of Ministers of the Republic of Uzbekistan to bring the decisions of the government in to accordance with the Law of the Republic of Uzbekistan ‘on Combat of Terrorism’ and to ensure review and repeal by ministries, state committees and agencies their normative acts [instructions and regulations], which are contrary to this Law.

Chairman of Oliy Majlis

of the Republic of Uzbekistan

E. Halilov

Tashkent city,

14 December 2000

LAW OF THE REPUBLIC OF UZBEKISTAN

ON COMBAT OF TERRORISM


I. GENERAL PROVISION

Article 1

Object and Main Aims of this Law

The object of this Law is to set-forth legal framework in the combat terrorism field.

The main aims of the present Law are the following:

Article 2

Main Notions

The present Law applies following main notions:

Article 3

Legislation on Combat of Terrorism

Legislation on combat of terrorism consists of the present Law and other legislative acts.

In the event that national legislation on combat of terrorism conflicts with international treaty by which Uzbekistan is bound, the rules of international treaty are to be applied.

Article 4

Main Principles of Combat of Terrorism

The main principles of combat of terrorism are the following:

Article 5

Prevention of Terrorist Activity

Prevention of terrorist activity is to be accomplished by way of undertaking of package of political, social-economic legal and other preventive measures by state bodies, local self-governing bodies of citizens and NGOs, as well as by enterprises, institutions, organizations.

The following is prohibited:

Article 6

Assistance to State Bodies, which Combat Terrorism

Bodies of public administration, local authorities, citizens’ self-governing bodies, NGOs, enterprises, institutions and organizations, officials as well as citizens provide assistance and necessary help to state bodies, which combat terrorism.

Article 7

International Cooperation of the Republic of Uzbekistan in the Combat Terrorism Field

Cooperation of the Republic of Uzbekistan with foreign states, and their law-enforcement bodies, special agencies and international organizations in the combat terrorism field is to be fulfilled in accordance with the international treaties, which are concluded by the Republic of Uzbekistan.

II. COMPETENCE OF STATE BODIES IN

THE COMBAT TERRORISM FIELD

Article 8

State Bodies on Combat of Terrorism

The state bodies, which combat terrorism, are the following:

Coordination of activity of state bodies, which combat terrorism, and supervision of their inter-action on prevention, finding, suppression of terrorist activity and minimization of its consequences are to be placed upon the National Security Service of the Republic of Uzbekistan.

Article 9

Competence of National Security Service of the Republic of Uzbekistan in the Combat Terrorism Field

National Security Service of the Republic of Uzbekistan is competent to:

Article 10

Competence of the Ministry of Interior of the Republic of Uzbekistan in the Combat Terrorism Field

Ministry of Interior of the Republic of Uzbekistan is competent to:

Article 11

Competence of the State Border Guards Committee of the Republic of Uzbekistan in the Combat Terrorism Field

The State Border Guards Committee of the Republic of Uzbekistan is competent to:

Article 12

Competence of the State Customs Committee of the Republic of Uzbekistan in the Field of Combat of Terrorism

The State Customs Committee of the Republic of Uzbekistan is competent to:

Article 13

Competence of the Ministry of Defense of the Republic of Uzbekistan in the Combat Terrorism Field

The Ministry of Defense of the Republic of Uzbekistan is competent to:

Article 14

Competence of the Ministry of the Republic of Uzbekistan on Emergency Situations in the Combat Terrorism Field

The Ministry of the Republic of Uzbekistan on Emergency Situations is competent to:

III. ANTITERRORIST OPERATION

Article 15

Suppression of Terrorist Action

Necessary measures, which are according to legislation, including antiterrorist operations shall be deployed to suppress terrorist action.

Article 16

Supervision and Management of Antiterrorist Operation

Supervision and management of antiterrorist operation shall be determined individually in each situation by taking into account of scales of threat and danger of terrorist action and is laid upon the enforcement agencies concerned.

In the case of necessity headquarters on coordination shall be establish in order to coordinate efforts of enforcement agencies and units, which are engaged in neutralizing and suppression of the threats of terrorism.

Article 17

Negotiations with Terrorists

Subject to the character of terrorist action, negotiations can be undertaken with terrorists in order to save life and health of individuals, and material valuables, release hostages, as well as study possibility to suppress terrorist action without deployment of force.

The head of the appropriate antiterrorist operational unit can authorize ad-hoc person, who is entitled to conduct negotiations.

Negotiations with terrorists shall not be severed as the basis or condition for their exemption from liability for committing criminal actions.

Necessary measures to neutralize and suppress terrorist shall be undertaken, if during negotiations with terrorists the purpose of negotiations can not be achieved, because of their disagreement to cease terrorist action and imminent threat to life and health of individuals is maintained.

Article 18

Border Zone of Antiterrorist Operation

The heads of antiterrorist operation shall determine the border zone of antiterrorist operation, which is subject to the character and conditions of location area, as well as scales and degrees of public danger of the terrorist action.

Article 19

Competence of Those, Who are in Charge of Antiterrorist Operation

Within the zone of antiterrorist operation those, who are in charge of the operation, are competent to:

Article 20

Interrelation with Mass Media

Within the zone of antiterrorist operation the representatives of mass media shall act in interrelation with the heads of antiterrorist operations in the field.

It is not permitted to disseminate information:

Article 21

Cessation of Antiterrorist Operation

Antiterrorist operation is considered to be completed, when terrorist action is suppressed (ceased) and the threat to life and health of individuals within the zone of antiterrorist operation is eliminated.

IV. RECOVERY OF DAMAGES AND SOCIAL REHABILITATION OF THOSE WHO SUFFERED FROM TERRORIST ACTION

Article 22

Recovery of Damages Caused by Terrorist Action

Recovery of damages caused by terrorist action is to be done under the prescribed by legislation procedure.

Article 23

Recovery of Damages Caused by Antiterrorist Operation

Harm caused to individuals or their property and property of juridical entities by antiterrorist operation is to be compensated for under the procedure, which is prescribed by law.

Harm caused to individual in connection with his involvement in terrorist action is not to be compensated for.

Article 24

Social Rehabilitation of Those Who Suffered from Terrorist Action

Social rehabilitation of those who suffered from terrorist action, is to be provided in order to return them to normal life activity and it includes legal assistance, psychological, medical, professional rehabilitation, employment, provision of well-furnished accommodation and other assistance, which is prescribed by legislation.

The procedure of social rehabilitation of those who suffered from terrorist action is to be adopted by the Cabinet of Ministers of the Republic Uzbekistan.

 

V. LEGAL AND SOCIAL PROTECTION OF THOSE WHO ARE ENGAGED IN COMBAT OF TERRORISM

Article 25

Legal and Social Protection of Individuals Engaged in Combat of Terrorism

Individuals engaged in combat of terrorism are under protection of state.

Legal and social protection is to be provided to:

Following the request, an opportunity to change the appearance, surname, first and middle names, as well as place of employment and accommodation can be provided to individuals, which are directly engaged in combat of terrorism, individuals, who assist to combat terrorism, as well as members of their families, if threat to their life and health exists. All related expenses are to be covered from budgets, which are provided for maintenance of the counter terrorism bodies.

Article 26

Recovery of Damages Caused to Life and Health of Those Engaged in Combat of Terrorism

If during antiterrorist operation, an individual, who was engaged in combat of terrorism, has died, members of his family and his dependants are to be granted according to legislation with the lump-sum benefit and pension for death of the family breadwinner.

If during antiterrorist operation, an individual, who was engaged in combat of terrorism, has been severely injured, which caused loss of labor capacity and disability, he is to be granted according to legislation with the lump-sum benefit and pension on disability.

If during antiterrorist operation, an individual, who was engaged in combat of terrorism, has suffered injury, which did not cause loss of labor capacity, he is to be granted according to law with lump sum benefit.

Article 27

Privileged Service Term Count

One day of service of military personnel and officers of state bodies, who serve in sub-units, engaged directly in combat of terrorism, counts as two days of normal service term. During the antiterrorist operation one day counts as three days of normal service term.

One office day of specialists and other individuals, who are engaged in antiterrorism operation, shall be counted as three days of normal term of office.

The procedure of the privileged service term count shall be provided by law.

VI. LIABILITY FOR INVOLVEMENT IN TERRORIST ACTIVITY AND VIOLATION OF LEGISLATION ON COMBAT OF TERRORISM

Article 28

Liability for Involvement in Terrorist Activity

Individuals involved in terrorist activity are liable under the legislation.

If an individual voluntary ceases terrorist activity, informs about it to appropriate state bodies and actively assists in prevention of aggravated consequences and accomplishment of terrorists’ aims, he/she can be relieved of liability as it is prescribed by law.

Article 29

Liability of Organization for Terrorist Activity

Organization is to be recognized as terrorist and liquidated under of the decision of the court.

Property of the organization, which was recognized as terrorist, is to be confiscated and converted in to state property at the liquidation.

If the Court of the Republic of Uzbekistan recognizes international organization (its branches, representations), which was registered abroad, as terrorist, the activity of this organization (its branches, representations) within the territory of the Republic of Uzbekistan is prohibited. It (its branches, representations) is to be liquidated, and its property (property of its branches, representations) within the territory of Uzbekistan is to be confiscated and converted into state property.

Article 30

Exemption from Liability for Infliction of Harm

Military personnel, specialists and other individuals engaged in antiterrorist operation are exempted from liability for coercive (forced) harm, which was inflicted during such operation.

Article 31

Liability for Violation of Legislation on Combat of Terrorism

Individuals, who have been found guilty of violation of legislation on combat of terrorism, are to be liable as it is prescribed by law.