LAW OF THE REPUBLIC OF MOLDOVA

of September 21, 2017 No. 120

About the prevention and fight against terrorism

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject and sphere of regulation

This law determines legal and organizational basis of activities for the prevention and fight against terrorism in the Republic of Moldova, procedure for coordination of activities of specialized divisions for the prevention and fight against terrorism and actions taken by the central and local authorities of the public power, public associations and the organizations, official and other persons and also the right, obligation and guarantee of persons in connection with implementation of activities for the prevention and fight against terrorism.

Article 2. Legal basis of activities for the prevention and fight against terrorism

The legal basis of activities for the prevention and fight against terrorism is constituted the Constitution of the Republic of Moldova, the European convention on fight against terrorism, the conventional principles and rules of international law, the international agreements, one of the parties of which is the Republic of Moldova, this law and other regulations governing the relations in the field.

Article 3. Basic concepts

In this law the following basic concepts are used:

act of terrorism - crime, stipulated in Article 278 Criminal codes of the Republic of Moldova;

terrorist activities - the activities including:

- planning, preparation, attempt of making and making of the act of terrorism or other act constituting crime of terrorist nature;

- creation of illegal armed group, criminal organization, organized group for the purpose of making of one or several crimes of terrorist nature;

- recruitment, support, arms, training and use of terrorists;

- accession to the terrorist organizations or participation in activities of those;

- financing of preparation or making of act of terrorism or other crime of terrorist nature, financing of the terrorist organization, terrorist group or terrorist, and also rendering other assistance to them;

- rendering information or other support in planning process, preparation or making of the act of terrorism or other act constituting crime of terrorist nature;

- instigation to terrorist activities, public justification of terrorism, promotion of the ideas of terrorism, distribution of the materials or information calling for terrorist activities or proving implementation of such activities;

- any of the listed actions made with use of information systems and networks of electronic communications;

- any other act constituting crime of terrorist nature;

the international terrorist activities - the terrorist activities performed:

- the terrorist, terrorist group or the terrorist organization in the territory of two or more states with causing damage to interests of these states and/or international organizations;

- citizens of one state against citizens of other state or in the territory of other state;

- in case both the terrorist, and the victim of terrorism are citizens of the same state or the different states, but the crime is committed outside these states;

fight against terrorism - measures and the actions of offensive nature realized by competent authorities for the purpose of identification and suppression of terrorist activities, and also minimization of its effects;

crisis situation of terrorist nature - the situation which developed in time or as a result of making of the act of terrorism or other act constituting crime of terrorist nature, posing direct threat of life and safety of citizens, to interests of society or state;

anti-terrorist doctrines - complex of the special measures of theoretical and practical nature realized by competent authorities in the field of the prevention and fight against terrorism for the purpose of training of rapid reaction forces, determination of efficiency of measures for the prevention and fight against terrorist activities, and also level of training of Anti-terrorist operational command in the solution of the modelled crisis situations of terrorist nature in practice;

terrorist group - the group consisting of two or more persons which combined with the purpose of implementation of terrorist activities;

crime of terrorist nature - one of crimes, stipulated in Article 134/11 Criminal codes of the Republic of Moldova;

critical infrastructure - the element, system or its components located in the territory of the Republic of Moldova, playing important role in ensuring life activity of society, health, safety, protection, social and economic welfare of persons removal from system or extermination of whom can lead to serious negative effects at the national level owing to inability of accomplishment of the corresponding functions;

counter-terrorist operation - package of measures of offensive nature, implemented within anti-terrorist operation for the purpose of capture or extermination of terrorists and/or releases of hostages if protective methods of elimination of terrorist threat did not give the expected result;

taking of hostages - capture or deduction of persons/persons as hostages/hostages and threat of death, causing bodily harms or other harm to health or further deduction of persons/persons in this quality for the purpose of compulsion of the state, the international organization, legal entity or physical person or group of persons to make any action or to refrain from its making as condition of release of the hostage;

object of critical infrastructure – the vital object relating to the sphere of public management, information technologies and electronic communications, mail service, infrastructure as well as to power, to the social and economic sphere, health care, the cultural and educational, industrial and ecological sphere, and also to information system of the country in general, to infrastructure of military defense industry or bodies of national defense, state security or maintenance of public order, removal from system or extermination of whom can lead to serious negative effects for safety, security, social and economic welfare of the state, to interruptions in deliveries of certain paramount services, to threaten life and human health and/or to make negative impact on the environment;

operator – the ministry, other body of the public power or public organization, the legal entity, irrespective of type of property and form of business in which management there are objects included in the National list of objects of critical infrastructure.

anti-terrorist operation - complex of the planned and agreed measures realized by competent authorities in the field of the prevention and fight against terrorism for the purpose of suppression of terrorist activities, release of hostages and coordination of the emergency response actions in crisis situation of terrorist nature;

the terrorist organization - the organization created for the purpose of implementation of terrorist activities or allowing use of terrorism in the activities. The organization is recognized terrorist if at least one of its structural divisions performs terrorist activities;

the passport of anti-terrorist security of object - the complex document containing data on condition and level of protection, possible risks and threats of terrorist nature concerning objects of critical infrastructure in case of possible acts of terrorism or other crimes of terrorist nature in the territory of the Republic of Moldova. The sample of the passport of anti-terrorist security of object affirms the order of the director of Service of information and safety of the Republic of Moldova;

the prevention of terrorism - complex of the special measures of permanent nature beforehand realized by bodies the functions equipped with the law according to the prevention of terrorism, based on actions of information, educational, organizational nature, for protection, protection, informing and public relations, to optimization of regulatory framework, national and international cooperation for the purpose of identification and elimination of risk factors and terrorist threats;

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