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LAW OF THE REPUBLIC OF UZBEKISTAN

of January 14, 2019 No. ZRU-515

About protection of the victims, witnesses and other participants of criminal procedure

Accepted by Legislative house on November 22, 2018

Approved by the Senate on December 13, 2018

Chapter 1. General provisions

Article 1. Purpose and main objectives of this Law

The purpose of this Law is regulation of the relations in the field of protection of the victims, witnesses and other participants of criminal procedure.

The main objectives of this Law are establishment of system of measures of protection of the victims, witnesses and other participants of criminal procedure (further - the protected persons) including security measure and social protection, applied in the presence of threat of infringement of life, health and property of persons, promoting the prevention or disclosure of crime and also determination of the bases and procedure for their application.

Article 2. Legislation on protection of protected persons

The legislation on protection of protected persons consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about protection of protected persons then are applied rules of the international treaty.

Article 3. Basic principles of protection of protected persons

The basic principles of protection of protected persons are legality, priority of the rights and legitimate interests of the protected person, the cross liability of the protected persons and state bodies providing protection.

Article 4. Protected persons

Protected persons are:

1) victim and his legal representative;

2) witness;

3) public prosecutor and public defender;

4) suspect, person accused, defendant, their defenders and legal representatives;

5) the convict, justified, person against whom criminal case is dismissed;

6) civil claimant, civil defendant and their representatives;

7) expert, specialist, translator and witness.

Members of families and close relatives of persons specified in part one of this Article can also be protected persons.

Measures of protection can be also applied before initiation of legal proceedings to the applicant, the eyewitness of crime or other persons promoting the prevention or disclosure of crime.

Article 5. The state bodies providing protection

The state bodies providing protection are:

the bodies making the decision on ensuring protection;

the bodies providing security measures;

the bodies providing measures of social protection.

The decision on ensuring protection is made by the bodies performing investigation verification, inquiries, pretrial investigation and court in which production there is criminal case.

Security measures concerning protected persons on the criminal cases which are in production of law-enforcement bodies or bodies of Service of state security of the Republic of Uzbekistan are provided with them.

Security measures concerning protected persons on the criminal cases which are in production of court or body of prosecutor's office are provided by a court decision or the prosecutor with the law-enforcement bodies located in the location of protected persons.

Security measures concerning protected persons from among the military personnel are provided with command of the relevant military units and higher command of military forming of Armed Forces of the Republic of Uzbekistan.

Security measures concerning the protected persons containing in pre-trial detention centers are provided respectively with law-enforcement bodies and bodies of Service of state security of the Republic of Uzbekistan.

Security measures concerning the protected persons containing in places of serving sentence are provided with organizations of Head department of execution of the punishment of the Ministry of Internal Affairs of the Republic of Uzbekistan.

Providing measures of social protection of protected persons is assigned to social security authorities of the population and other bodies according to the procedure, established by the Cabinet of Ministers of the Republic of Uzbekistan.

Chapter 2. Protection types

Article 6. Security measures

Security measures are:

1) ensuring confidentiality of data on the protected person;

2) bodyguard, protection of the dwelling and other property;

3) issue to the protected person of special individual protection equipment and technical means;

4) temporary placement to the safe place;

5) resettlement on other residence, change of place of employment (service) or study;

6) replacement of documents;

7) restriction of access to data on the protected person;

8) providing additional security measures concerning the protected person which is held in custody or being in places of serving sentence.

The security measures provided by Items 6 and 7 of part one of this Article are performed only on criminal cases about heavy and especially serious crimes in need cases.

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