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Ministry of Justice

Republic of Tajikistan

On December 30, 2021 No. 99

LAW OF THE REPUBLIC OF TAJIKISTAN

of December 23, 2021 No. 1808

About counteraction to terrorism

Accepted by the Resolution MH MOPT of June 23, 2021, No. 455

Approved by the Resolution MM MORT of December 17, 2021, No. 181

This Law establishes the basic principles of counteraction to terrorism, legal and organizational basis of prevention of terrorism and fight against it, methods of mitigation of consequences of the act of terrorism for the purpose of safety of the personality, society and the state, protection of sovereignty, territorial integrity and safety of the Republic of Tajikistan.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) the act of terrorism - direct making of crimes of terrorist nature in the form of capture in hostages and (or) deduction of hostages, kidnappings, infringement of life of the state or public figure, representatives of national, religious, confessional, racial, other national groups, foreign state, the international organizations, capture, damnification and destruction of the state or public constructions, devices of explosion, arson, firing, use or threat of use of destructive devices, radioactive, biological, explosive, chemical and other toxic materials, capture, stealing of land, water and air vehicles, the organizations of conflicts and provocations in populous and public places, places of deprivation and restriction of freedom, venues of mass actions, damnifications of life or to health of the population, to property of physical persons or legal entities by the device of accidents, technogenic catastrophes, distribution of threats by all means and methods, and also other terrorist acts established by the legislation of the Republic of Tajikistan and the international legal acts recognized by Tajikistan;

2) counter-terrorist operation - set of specially organized operational search, operational and fighting, administrative and legal and other measures directed to suppression of the act of terrorism, safety of physical persons and legal entities, neutralization of terrorists, and also to minimization of effects of the act of terrorism;

3) terrorist group - merging of two and more physical persons for the purpose of implementation of terrorist activities;

4) the hostage - the physical person captured and withheld for the purpose of coercion of the state, the international organizations, physical persons and legal entities or group of persons to making or abstention from making of any actions as release condition with threat of death or damnification to his health;

5) counteraction to terrorism - activities of public authorities, self-government institutions of settlements and villages and other bodies for the prevention of terrorism, including for identification and the subsequent elimination of the reasons and conditions promoting making of acts of terrorism, identification, the prevention, suppression, the termination, disclosure and investigation of the act of terrorism, minimization and (or) mitigation of consequences of manifestations of terrorism;

6) fight against terrorism - activities of relevant organs for identification, the prevention, suppression and the termination of terrorist activities, and also disclosure and investigation of crimes of terrorist nature;

7) zone of carrying out counter-terrorist operation - the certain site of the area, the vehicle, the building, structure, construction, the territory within which counter-terrorist operation is made;

8) terrorism - the ideology of violence and influence on decision making by public authorities, self-government institutions of settlements and villages or the international organizations connected with intimidation of the population or other forms of illegal violence;

9) the international terrorism - terrorism which acts are made in the territory more than one state, are made within one state, but their preparation, planning, management or control takes place in other state, are made in one state, but with the participation of terrorist group or the terrorist organization which performs criminal activities in more than one state, made in one state, but their substantial effects take place in other state;

10) the terrorist - the physical person participating in implementation of terrorist activities in all forms and (or) for the purpose of participation in terrorist activities;

11) the terrorist organization - the organization created for the purpose of implementation of terrorist activities or acknowledging use possibility in the activities of terrorism. The organization is also recognized terrorist if one of its structural divisions performs terrorist activities with the consent of at least one of governing bodies of this organization;

12) terrorist activities - the activities directed to making of one or more crimes of terrorist nature and including the organization, planning, preparation and making of acts of terrorism, instigation to making of acts of terrorism, appeals to violence in the terrorist purposes, the organization of illegal paramilitary forces or the criminal organizations for the purpose of making of acts of terrorism and also participation in them, recruitment, arms or use of terrorists, and also training in their terrorist skills, financing of the terrorist organization or terrorists, any forms of assistance to the organizations which activities are acknowledged terrorist according to the legislation of the Republic of Tajikistan, promotion of the ideas of terrorism, distribution of the materials or information calling for implementation of terrorist activities or proving or justifying need of implementation of such activities including with use of information and telecommunication networks public and the Internet, complicity in preparation and making of acts of terrorism;

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