LAW OF THE REPUBLIC OF UZBEKISTAN

of November 30, 2020 No. ZRU-651

About modification and amendments in some legal acts of the Republic of Uzbekistan in connection with enhancement of the legislation directed to protection of the personal rights and freedoms of citizens

Accepted by Legislative house on March 23, 2020

Approved by the Senate on March 24, 2020

Article 1. Bring in the Code of penal procedure of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2013-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 2, Art. 5; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 12, Art. 269; 1997, No. 2, Art. 56, No. 9, Art. 241; 1998, Art. No. 5-6, 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, Art. No. 5-6, 153, No. 7-8, Art. 217; 2001, No. 1-2, of the Art. of the Art. 11, 23, No. 9-10, Art. of the Art. 165, 182; 2002, No. 9, Art. 165; 2003, No. 5, Art. 67; 2004, Art. No. 1-2, 18, No. 9, Art. 171; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 12, Art. 418; 2006, No. 6, Art. 261; 2007, No. 4, Art. 166, No. 6, Art. of the Art. 248, 249, No. 9, Art. 422, No. 12, Art. of the Art. 594, 595, 607; 2008, No. 4, Art. of the Art. 177, 187, No. 9, Art. of the Art. 482, 484, 487, No. 12, Art. of the Art. 636, 641; 2009, No. 1, Art. 1, No. 4, Art. 136, No. 9, Art. 335, No. 12, Art. of the Art. 469, 470; 2010, No. 6, Art. 231, No. 9, Art. of the Art. 334, 336, 337, 342, No. 12, Art. 477; 2011, No. 4, Art. of the Art. 103, 104, No. 9, Art. 252, No. 12/2, Art. 363; 2012, No. 1, Art. 3, No. 9/2, Art. 244, No. 12, Art. 336; 2014, No. 9, Art. 244; 2015, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. 385; 2017, No. 3, Art. 47, No. 6, Art. 300, No. 9, Art. of the Art. 506, 510, No. 10, Art. 605; 2018, No. 1, Art. of the Art. 1, 5, No. 4, Art. of the Art. 218, 224, No. 7, Art. of the Art. 430, 431, No. 10, Art. 679; 2019, No. 1, Art. of the Art. 3, 5, No. 2, Art. 47, No. 3, Art. 161, No. 5, Art. of the Art. 259, 267, No. 7, Art. 386, No. 8, Art. 469, No. 9, Art. of the Art. 589, 592, No. 10, Art. 671, No. 11, Art. of the Art. 787, 791, No. 12, Art. of the Art. 880, 881, 891), following changes:

1) in part five of Article 18 of the word "listening of the negotiations which are conducted with phones and other intercoms" shall be replaced with words "listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them";

2) in part one of Article 87 of the word of "listening of the negotiations which are conducted with phones and other intercoms" shall be replaced with words "listenings of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them";

Chapter 21 to state 3) in the following edition:

"Chapter 21. Listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them

Article 169. The bases for listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them

If collected in the matter of the proof give enough grounds that the data important for case, the investigator can be received, the investigator has the right to issue the decree on listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them.

Article 170. Procedure for listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them

Listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information of the suspect, the person accused, the defendant transferred on them are made under the resolution of the investigator, investigator authorized by the prosecutor or by determination of court.

In the presence of threat of making of violence, racketing or other illegal actions concerning the victim, the witness, and it is equal in the relation of their family according to the statement of these persons or from their written consent and from the sanction of the prosecutor or by determination of court listening of the negotiations which are conducted with their phones or other telecommunication devices, removal of information transferred on them can be made.

In cases, being urgent, the investigator, the investigator has the right to send to specially authorized state body the resolution on carrying out listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them without sanction of the prosecutor with subsequent its immediate written notice. The resolution on listening of the negotiations which are conducted with phones and other telecommunication devices is not authorized by the prosecutor removal of information transferred on them has legal force within one days.

The resolution or determination on listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them in which nature and amount of the listened information is determined and also form of fixing of the course and results of listening of negotiations, removals of the transmitted data goes for execution to specially authorized state body. Listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them cannot continue more than six months.

Information obtained when listening the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them shall be fixed (to register). The fixed information (or record) is subject to attaching to the protocol of investigative action.

Article 171. The protocol of listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them

Person who was carrying out listening and fixing of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them constitutes the protocol with statement of contents of information concerning case. Record of negotiations, messages and data is sealed and joins the protocol.

In the protocol of listening of the negotiations which are conducted with phones and other telecommunication devices, removals of information transferred on them are also reflected subscriber number, time and the place of listening and fixing, type and model of the used technical means, the information about persons which performed them, and also other data able to matter for case";

The paragraph the twelfth to state 4) to part three of Article 382 in the following edition:

"authorizes production of search, listening of the negotiations which are conducted with phones and other telecommunication devices and removal of information transferred on them, conducting the investigation and search operations limiting the rights to inviolability of home, the mystery of correspondence, telephone and other negotiations, post, express departures and cable messages, transferred on communication channels, and directed to receipt of information on connections between subscribers or subscriber devices and also other actions of the official of the body performing investigation verification, the investigator and the investigator in the cases provided by the law".

Article 2. In part three of article 6 of the Law of the Republic of Uzbekistan of December 25, 1998 No. 721-I "About guarantees of lawyer activities and social protection of lawyers" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1999, No. 1, Art. 12; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2008, No. 12, Art. 641; 2016, No. 9, Art. 276; 2017, No. 9, of the Art. 510) of the word "listening of its negotiations which are conducted with phones and other intercoms" shall be replaced with words "listening of its negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them".

Article 3. Bring in the Law of the Republic of Uzbekistan of December 25, 2012 No. ZRU-344 "About operational search activities" (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2012, No. 12, Art. 335; 2016, No. 4, Art. 125; 2017, No. 9, Art. 506, No. 10, Art. 605; 2019, No. 1, Art. 5, No. 2, Art. 47, No. 9, Art. 589, No. 12, Art. 891) following changes and amendments:

1) in Article 14:

the tenth - the thirteenth to state paragraphs in the following edition:

"inspection of residential and other rooms, buildings, constructions, sites of the area, technical and vehicles - the action consisting in direct or oposredstvenny (with use of technical means) visual survey and studying of residential and other rooms, buildings, constructions, sites of the area, computers, communication devices and vehicles for the purpose of identification of persons, the facts and circumstances important for the solution of tasks of operational search activities;

control of post, express departures and cable messages - the action consisting in secret selection and studying of post, express departures and cable correspondence for the purpose of receipt of information important for the solution of tasks of operational search activities;

listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them - the action consisting in secret listening, interception and the fixing of the conducted negotiations including transferred to text, graphical and multimedia information on communication channels with use of special technical means;

receipt of information on connections between subscribers or subscriber devices - the action consisting in secret receipt of information on date, time, duration and other data on connections between subscribers or subscriber devices (the user equipment)";

add with part two of the following content:

"The investigation and search operations provided by paragraphs to the eleventh, twelfth and thirteenth part one of this Article are conducted by forces and means of specially authorized state body";

2) in Article 16:

state part one in the following edition:

"Conducting the investigation and search operations limiting the rights to inviolability of home, the mystery of correspondence, telephone and other negotiations, post, express departures and cable messages, transferred on communication channels, and also directed to receipt of information on connections between subscribers or subscriber devices is allowed based on the sanction of the prosecutor";

in word part two of "the head of body" shall be replaced with words "the body approved by the head";

in part four of the word "In case of Emergence of Threat of Life, or from Their Written Consent Listening of the Negotiations Which Are Conducted with Their Phones and Other Intercoms Is Allowed to Health of Citizens, Property of Legal Entities and Physical Persons according to Their Statement" shall be replaced with words "In case of threat of life, to health of citizens, property of legal entities and physical persons, and it is equal in the relation of their family according to their statement or from their written consent listening of the negotiations which are conducted with their phones and other telecommunication devices, removal of information transferred on them is allowed";

in part seven of the word "Inspection of Residential and Other Rooms, Buildings, Constructions, Sites of the Area, Vehicles, Operational Observation, Removal of Information from Technical Communication Channels, Use of Other Technical Means of Receipt of Information and Control of Post, Express Departures, Cable and Other Messages, Listening of the Negotiations Which Are Conducted with Phones and Other Intercoms" shall be replaced with words "Inspection of residential and other rooms, buildings, constructions, sites of the area, technical and vehicles, operational observation, control of post, express departures and cable messages, listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them";

Shall be replaced with words 3) in part three of Article 18 of the word "are established by the legislation" "are established by acts of the bodies performing operational search activities";

4) in Article 20:

in word part one of "the head of body" shall be replaced with words "the body approved by the head";

in part two of the word "declassification of the data specified in part one of this Article is made only based on the resolution of heads of data of bodies" shall be replaced with words "and also forces and means of specially authorized state body, declassification of the data specified in part one of this Article is made only based on the resolution approved by heads of data of bodies";

5) in Article 21:

in part one of the word "which limit the rights to the mystery of correspondence, telephone and other negotiations, post, express departures, cable and other messages transferred on communication channels and also the right to inviolability of home" shall be replaced with words "limiting rights to inviolability of home, the mystery of correspondence, the telephone and other negotiations, post, express departures and cable messages transferred on communication channels and also directed to receipt of information on connections between subscribers or subscriber devices";

the first offer of part two to state in the following edition:

"The motivated resolution approved by the head of the body performing operational search activities with reasons for need of conducting the investigation and search operations specified in part one of this Article is submitted to the prosecutor";

To add 6) with Article 28-1 of the following content:

"Article 28-1. International cooperation in the field of operational search activities

International cooperation in the field of operational search activities, including concerning participation of staff of competent authorities of the Republic of Uzbekistan, and also foreign states and the profile international organizations in joint actions for fight against crime, is performed according to the legislation and international treaties of the Republic of Uzbekistan".

Article 4. To the Cabinet of Ministers of the Republic of Uzbekistan:

bring decisions of the government into accord with this Law;

provide review and cancellation by state bodies of their regulatory legal acts contradicting this Law;

provide execution, bringing to contractors and explanation among the population of essence and value of this Law.

Article 5. This Law becomes effective from the date of its official publication.

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