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Annotation: On Fight against Terrorism| of 20.03.2003 ¹ 638-IV

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   Law of Ukraine of 20.03.2003 ¹ 638-IV

  On Fight against Terrorism

   Valid, Summary version from 20.03.2003

 

 

 

  The Law of Ukraine

 

 

  On Fight against Terrorism

 

 

  Date of Entry into Force:

  April 22, 2003

 

 

  The Law of Ukraine “On Fight against Terrorism” (hereinafter referred to as

  “the Law”) with the purpose of protection of person, state and society from

  terrorism, reveal and removal of reasons and conditions that cause it

  determines legal and organizational principles of fight against this dangerous

  phenomenon, authorities and duties of bodies of executive power, associations

  of citizens and organizations, officials and separate citizens in this field,

  procedure for coordination of their activity, guarantees of citizens' legal

  and social protection due to their participation in fight against terrorism.

  Provisions of this Law shall not serve as the ground for prosecution of

  citizens who acting within the scopes of law protect their constitutional

  rights and freedoms.

 

 

  Fight against terrorism is based on the principles of:

  - legality and firm observation of rights and freedoms of a man and a citizen;

  - inevitability of punishment for participation in terrorist activity;

  - combination of open and secret methods of fight against terrorism, etc.

 

 

  The Cabinet of Ministers of Ukraine within its competence organizes fight

  against terrorism in Ukraine and provides it with the necessary forces,

  devices and resources. The central bodies of executive power participate in

  fight against terrorism within their competence as determined by laws and

  issued on their basis other normative legal acts.

 

 

  The Ministry of Internal Affairs of Ukraine fights against terrorism by

  prevention, reveal and stopping of crimes committed with terrorist purpose,

  which investigation is referred to the competence of bodies of internal

  affairs; grants to the Antiterrorist Center and the Security Service of

  Ukraine necessary forces and devices; ensures their efficient use while

  holding antiterrorist operations.

 

 

  The Ministry of Defense of Ukraine, bodies of military administration, large

  formations, formations, military units of the Armed Forces of Ukraine ensure

  defense from terrorist encroachments on the objects of the Armed Forces of

  Ukraine, weapons of mass destruction, rocket and firing weapons, ammunition,

  explosive and poisonous substances that are located in military units or are

  stored in determined places; organize preparation and use of forces and

  devices of Land Forces, the Air Forces and Antiaircraft Defense, the Navy of

  the Armed Forces of Ukraine in case of commitment of terrorist act in the air,

  in the territorial waters of Ukraine; participate in holding antiterrorist

  operations at military objects and in case of arising of terrorist threats to

  the state's security outside of Ukraine.

 

 

  The Antiterrorist Center at the Security Service of Ukraine shall:

  - collect according to set procedure, generalize, analyze and evaluate

  information about the state and tendencies of spreading of terrorism in

  Ukraine and abroad;

  - organize and hold command and staff, tactic and special exercises and

  trainings;

  - cooperate with special services, law-enforcement bodies of foreign states

  and international organizations on the issues related to fight against

  terrorism, etc.

 

 

  Antiterrorist operation is held only at presence of real threat to life and

  security of the citizens, interests of society or state, if elimination of

  this threat in other ways is impossible.

 

 

  Decision about holding antiterrorist operation is made depending of the degree

  of public danger of terrorist act by the head of the Antiterrorist Center at

  the Security Service of Ukraine upon written permit of the Head of the

  Security Service of Ukraine or the head of coordination group of respective

  regional body of the Security Service of Ukraine upon written permit of the

  head of the Antiterrorist Center at the Security Service of Ukraine agreed

  with the Head of the Security Service of Ukraine. The President of Ukraine

  shall be informed immediately about the decision regarding holding

  antiterrorist operation.

 

 

  The operative headquarters headed by the head of the Antiterrorist Center at

  the Security Service of Ukraine or the person who substitutes him is set up

  for direct management of particular antiterrorist operation, as well as forces

  and devices which are engaged into holding antiterrorist measures.

 

 

  In the district of holding antiterrorist operation the officials who are

  engaged into the operation have the right to:

  - use weapons and special devices according to the legislation of Ukraine;

  - verify citizens and officials' documents that certify personality and in

  case of absence of documents detain them for ascertainment of personality;

  - conduct personal examination of citizens, their things, vehicles and things

  transported by them in the district of holding antiterrorist operation, etc.

 

 

  While holding antiterrorist operation it is permitted to negotiate with the

  terrorist. Holding negotiations is entrusted with the persons who are

  specially authorized thereof by the head of operative headquarters. If the

  purpose of negotiations with the terrorists cannot be reached due to their

  refusal to stop antiterrorist act and a real threat to life and health of

  people remains, the head of antiterrorist operation has the right to make

  decision about neutralizing of the terrorists.

 

 

  The public shall be informed about commitment of antiterrorist act by the head

  of operative headquarters or the persons who are authorized by him to maintain

  connections with the public.

 

 

  Antiterrorist operation is considered completed, if terrorist act is stopped

  and threat to life and health of the hostages and other people, who were in

  the district of its holding, is liquidated. Decision about stopping

  antiterrorist operation is made by the head of operative headquarters for

  management of this operation.

 

 

  Compensation of damage caused to the citizens by terrorist act is performed

  from the State Budget of Ukraine according to the law with subsequent levy of

  the amount of this compensation on the persons who caused damage pursuant to

  the procedure set by law. Compensation of damage caused to organization,

  enterprise or institution by the terrorist act is performed according to the

  procedure determined by law.

 

 

  The persons who are guilty of terrorist activity shall be brought to criminal

  responsibility according to the procedure envisaged by law. The organization

  that is responsible for commitment of terrorist act and is recognized

  terrorist pursuant to the decision of court shall be liquidated and its

  property shall be confiscated.

 

 

  Control over observation of the legislation while fight against terrorism is

  performed by the Verkhovna Rada of Ukraine according to the procedure

  determined by the Constitution of Ukraine. Control over activity of the

  subjects of fight against terrorism is conducted by the President of Ukraine

  and the Cabinet of Ministers of Ukraine according to the procedure determined

  by the Constitution and laws of Ukraine. Supervision over adherence to the

  legislation by the bodies that participate in the antiterrorist measures is

  performed by the General Prosecutor of Ukraine and prosecutors authorized by

  him according to the procedure determined by the laws of Ukraine.

 

 

 

  Summary is prepared by Yaroslav the Wise Institute of Legal Information.

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  All rights for the provided information are protected in accordance with the

  legislation of Ukraine.

  Reference to Yaroslav the Wise Institute of Legal Information is obligatory

  when making use of these materials.

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