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LAW OF TURKMENISTAN

of November 25, 2017 No. 653-V

About counteraction to terrorism

(In edition of the Law of Turkmenistan of 02.03.2019)

This Law determines legal and organizational basis of counteraction to terrorism, powers and obligations of public authorities, public associations, other organizations, officials, and also establishes guarantees of legal and social protection of citizens in connection with their participation in counteraction to terrorism.

Chapter I. General provisions

Article 1. Legal basis of counteraction to terrorism

The legal basis of counteraction to terrorism is constituted by the Constitution of Turkmenistan, the Criminal code of Turkmenistan, the universally recognized norms of international law, the international agreements of Turkmenistan, this Law and other legal acts of Turkmenistan regulating legal relationship in the field.

Article 2. Basic principles of counteraction to terrorism

The basic principles of counteraction to terrorism in Turkmenistan are:

1) providing and protection of basic rights and freedoms of man and citizen;

2) legality;

3) the priority died preventions of terrorism and protection of the rights and legitimate interests of persons which are exposed to terrorist danger;

4) inevitability of punishment for implementation of terrorist activities;

5) combination of public and secret methods of fight against terrorism;

6) complex use of legal, political, social and economic, information and propaganda actions;

7) cooperation of the state with public associations and the religious organizations, the international and other organizations, citizens in fight against terrorism;

8) one-man management in management of forces and the funds raised when carrying out counter-terrorist operations;

9) confidentiality of data on special means, techniques and tactics of carrying out counter-terrorist operations, and also about the list of participants of these transactions;

10) minimum concessions to terrorists in urgent cases;

11) minimization and (or) mitigation of consequences of manifestations of terrorism;

12) adequacy of measures of counteraction to terrorism, nature and extent of terrorist threat;

13) informing public on the act of terrorism and on carrying out counter-terrorist operations.

Article 3. Main terms and their determinations

For the purposes of this Law the following terms and their determinations are used:

1) terrorism – ideology of violence and practice of impact on decision making by public authorities, local government bodies or international organizations or other persons; socially dangerous activities which consist in intentional use of violence by taking of hostages, arsons, murders, tortures, intimidation of the population and authorities or making of other infringement of life or health of innocent people or threat of making of any actions for achievement of criminal objectives;

2) technological terrorism – socially dangerous activities made with the terrorist purpose using nuclear, chemical, bacteriological (biological) and other weapons of mass destruction or its components, other unhealthy people of substances, means of electromagnetic action, computer systems and communication networks including capture, removal from system and destruction of potentially dangerous objects which directly or indirectly created or create threat of emergence of emergency situations, accidents and catastrophic crashes of technogenic nature as a result of these actions constitute danger to personnel, the population and the environment;

3) the international terrorism – socially dangerous violent acts performed in world or regional scale by the terrorist groups or the organizations, including with assistance of state bodies of the certain states, for the purpose of achievement of particular purposes, connected with stealing, capture, murder of innocent people or threat of their life and to health, destruction or threat of destruction of important objects, life support systems, communications, application or threat of use of nuclear, chemical, biological and other weapons of mass destruction;

4) terrorist activities – the activities including:

a) planning, organization, preparation and implementation of acts of terrorism;

b) instigation to making of acts of terrorism, violence over physical or legal persons, destruction of material objects in the terrorist purposes, and also public justification of terrorism;

c) the organization of illegal armed group, criminal society (the criminal organization), organized group for making of act of terrorism, and participation in such structure is equal;

d) recruitment, arms, training and use of terrorists;

e) promotion and distribution of ideology of terrorism, distribution of the materials or information calling for implementation of terrorist activities;

a) financing and other assistance to terrorism;

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