LAW OF THE AZERBAIJAN REPUBLIC

of June 29, 2018 No. 1197-VQ

About the state dactyloscopic and genomic registration in the Azerbaijan Republic

This Law according to Items 1 and 20 of part I of article 94 of the Constitution of the Azerbaijan Republic establishes the purpose, the principles and types of the state dactyloscopic and genomic registration in the Azerbaijan Republic, and also governs the public relations arising in this area.

Chapter I. General provisions

Article 1. Basic concepts

1.0. In this Law the following concepts are used:

1.0.1. the state dactyloscopic registration - activities for obtaining, accounting, storage and use of dactyloscopic data for identification of the identity of the person;

1.0.2. dactyloscopic information - information on features of structure of the papillary drawing on fingers of hands of the person allowing to identify the personality of the person;

1.0.3. bank of dactyloscopic information - the systematized collection of dactyloscopic information on material carriers;

1.0.4. the state genomic registration - activities for obtaining, accounting, storage and use of genetic data for identification of the identity of the person;

1.0.5. genetic information - the information obtained by means of carrying out the analysis of deoxyribonucleic acid (further - DNA), allowing to identify the personality of the person;

1.0.6. biological material - samples of blood, saliva, hair, nail, skin, sweat, sperm, other allocations of organism, tooth, bone and other fabrics found, taken from the person, unknown corpse for the purpose of carrying out the analysis of DNA;

1.0.7. genetic identification - measures for the polling and search cases which are carried out for establishment of person who belongs the biological material transferred to the DNA Information Bank, including accessories of parts of body;

1.0.8. genetic verification - measures for comparison of the provided biological material to the data which are available in the DNA Information Bank;

1.0.9. the DNA profile - individual data, collected, stored in databank, processed and used for the purpose of genetic identification and verification, allowing to identify the identity of the person;

1.0.10. The DNA information Bank - the systematized meeting of the DNA profiles on material carriers;

1.0.11. unknown corpse - body of the dead person (part of body) which personality is not identified.

1.0.12. the crime connected with sexual exploitation or sexual violence against children - the act provided by Articles 149.2-1. 1, 149.3.3, 150.2-1.1, 150.3.3, 152, 153, 171, 171-1 and 171-2 UK Azerbaijan Republics.

Article 2. Purpose of the state dactyloscopic and genomic registration

The state dactyloscopic and genomic registration in the Azerbaijan Republic is carried out for the purpose of identification of the identity of the person based on dactyloscopic and genomic data.

Article 3. Legislation on the state dactyloscopic and genomic registration

3.1. The legislation on the state dactyloscopic and genomic registration consists of the Constitution of the Azerbaijan Republic, international treaties supported by the Azerbaijan Republic, this Law, other regulatory legal acts.

3.2. Dactyloscopic and genomic data are component of personal data, rules of their collection, processing and protection are also established by the laws of the Azerbaijan Republic "About personal data" and "About biometric information".

Article 4. Principles of the state dactyloscopic and genomic registration

4.1. The state dactyloscopic and genomic registration is performed with observance of the rights and freedoms of man and citizen affirmed in the Constitution of the Azerbaijan Republic according to the principles of legality, confidentiality and combination of voluntariness and obligation.

4.2. Creation of health hazard of people, humiliation of their honor and advantage in the course of carrying out the state dactyloscopic and genomic registration, including collection, processing, use and protection of dactyloscopic and genomic data is not allowed.

Chapter 2. Carrying out the state dactyloscopic registration

Article 5. Use of dactyloscopic information

5.0. The dactyloscopic data obtained as a result of carrying out the state dactyloscopic registration are used for the following purposes:

5.0.1. search of missing persons;

5.0.2. identifications of the person based on unknown corpse;

5.0.3. identifications of persons which are not capable for health reasons and in connection with age to give information on itself and whom it is not possible to identify the personality by other methods;

5.0.4. prevention, disclosures of crimes and administrative offenses and conducting investigation.

Article 6. Types of the state dactyloscopic registration

According to this Law voluntary or obligatory state dactyloscopic registration is carried out.

Article 7. Obligatory state dactyloscopic registration

7.1. The following persons undergo obligatory state dactyloscopic registration:

7.1.1. the citizens of the Azerbaijan Republic receiving the all-civil passport, the identity certificate and also office go the diplomatic passport (except persons which did not reach 15-year age);

7.1.2. the citizens of the Azerbaijan Republic who are called up for urgent active duty;

7.1.3. the crew members of transport transporting passengers and loads;

7.1.4. the employees working at mines and in mines, the sea, and also attached to sea objects;

7.1.5. persons who are not capable for health reasons and in connection with age to give information on themselves and whom it is not possible to identify the personality by other methods;

7.1.6. the persons, suspects accused of crime execution or condemned for crime execution and also arrested administratively;

7.1.7. foreigners and stateless persons which addressed for receipt of permission to temporary or permanent residence (except the children who did not reach 15-year age);

7.1.8. the foreigners and stateless persons which are subject according to the Criminal code of the Azerbaijan Republic, the Code of the Azerbaijan Republic about administrative offenses and to the Migratory code of the Azerbaijan Republic to expulsion out of limits of the Azerbaijan Republic and also to content in the centers of content of illegal migrants;

7.1.9. persons petitioning for provision of political asylum, and also for receipt of the status of the refugee in the Azerbaijan Republic.

7.2. Unknown corpses are also subject to obligatory state dactyloscopic registration.

7.3. Obligatory state dactyloscopic registration is carried out by relevant organ of the executive authority.

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