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LAW OF THE KYRGYZ REPUBLIC

of November 8, 2006 No. 178

About counteraction to terrorism

(as amended on 06-08-2018)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on September 7, 2006

This Law determines the basic principles of counteraction to terrorism, organization-legal bases of prevention of terrorism and fight against it, minimization of effects of terrorism, procedure for coordination of activities of the state bodies fighting terrorism, the rights and obligations of physical persons and legal entities irrespective of patterns of ownership, in connection with implementation of counteraction to terrorism, and also procedure for international cooperation in the field of counteraction to terrorism.

Section I. Basic provisions

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following main terms and concepts are used:

terrorism is ideology of violence and practice of making of the violent and (or) other criminal acts connected with intimidation of the population or violation of public safety, and equally in appeal to such actions for the purpose of blasting the constitutional system or rendering impact on the decisions made by public authorities, local government bodies or the international organizations;

act of terrorism - crime execution or the crimes of terrorist nature expressed in total or separately in type is direct:

explosion, arson, application or threat of use of destructive devices, radioactive, biological, chemical and other toxic agents;

capture, stealing, damage, destruction of land, water and air vehicles;

infringement of life of the state and public figure, capture and (or) deduction of hostages;

creations of danger of damnification of life, to health or property of the uncertain group of people by creation of conditions for accidents and catastrophic crashes of technogenic nature or real threat of creation of such danger;

distribution of threats of terrorist nature in any form and by all means;

making of other actions of terrorist nature established by the legislation of the Kyrgyz Republic and the universally recognized norms of international law;

terrorist group - group of the physical persons which united for the purpose of implementation of terrorist activities;

the terrorist organization - any group of terrorists, which:

- makes or tries to make by all means, directly or indirectly, illegally and purposely, acts of terrorism;

- participates as the accomplice in acts of terrorism;

- will organize or directs other physical and (or) legal entities to making of acts of terrorism;

- promotes making of acts of terrorism by group of the physical persons acting with common goal when assistance is performed consciously and for the purpose of assistance in making of act of terrorism or understanding of intention of this group to conduct terrorist attack;

- it is created or is created for making of terrorist activities or directly or indirectly are in property or under control of the terrorist or terrorists, and also persons and the organizations acting on behalf or on specifying of the terrorist or terrorists;

The terrorist - any physical person, which:

- conducts or tries to conduct terrorist attacks by any methods, directly or indirectly, illegally and consciously;

- participates as the accomplice in acts of terrorism;

- will organize or directs other persons to making of acts of terrorism;

- assists making of the acts of terrorism by group of persons operating with general whole when assistance is performed intentionally and for the purpose of assistance in making of act of terrorism or understanding of intention of group to conduct terrorist attack, and also goes to the state which is not the state of their accommodation or nationality for the purposes of making, planning, preparation or participation in making of acts of terrorism, or for training of terrorists, or passing of such preparation, including in connection with armed conflict;

The hostage - the physical person captured and (or) withheld by terrorists for the purpose of compulsion of the state, physical persons or legal entities to make or abstain from making of any action as conditions of release of the captured and (or) withheld person;

counteraction to terrorism - activities of public authorities, local self-government, the organizations and companies, irrespective of patterns of ownership:

- according to the prevention of terrorism, including on identification and the subsequent elimination of the reasons and conditions promoting making of acts of terrorism (terrorism prevention);

- on identification, the prevention, suppression, disclosure and investigation of act of terrorism (fight against terrorism);

- on minimization of effects of terrorism;

terrorist activities - the activities directed to making of one of crimes terrorist to natures making any of stated below intentional acts in the terrorist purposes, and equally in threat of making of such acts:

illegal hijacking of the aircraft which is in flight, the ocean ship and stationary platform or the illegal control over them made by any person which is onboard this vessel or on stationary platform using violence or with threat of use of violence or by any other form of intimidation;

illegal use of the air or ocean ship in such a way that it can cause death or serious bodily harm, or material damage;

making of act of violence concerning person which is onboard the air or ocean ship or on stationary platform if such act can threaten safety of such vessel or stationary platform or can entail, destruction, such vessel or damage of its load or stationary platform;

destruction of the air or ocean ship or the stationary platform which are in operation or causing damage by it which puts them out of action or can threaten their safety;

destruction of the aeronautical equipment and sea navigation equipment or drawing serious damage by it, either creation of serious hindrance of their operation, or intervention in their operation if such action can threaten safety of aircrafts in flight or to safe navigation of the ocean ship;

the room or making of action for the purpose of the placement on the air or ocean ship or on stationary platform, or can threaten with any method and method of the device or the substance which are in operation which can destroy such vessel or stationary platform or cause them and its load damage or put such vessel or stationary platform out of action to safety of this vessel or stationary platform;

illegal use against the vessel (the vessel of any type which is not fixed constantly on seabed including the vessel with the dynamic principle of maintenance, submersibles or any other watercrafts) or stationary platform or on them any explosive, radioactive or nuclear material, biological, chemical and nuclear weapon, or dropping them from this vessel or stationary platform which can cause death, serious bodily harm, material damage;

dropping from the vessel (the sedan of any type which is not fixed constantly on seabed including judgment the dynamic principle of maintenance, submersibles or any other watercrafts) or from stationary platform of oil, liquefied natural gas and other dangerous or harmful to substances such quantity or concentration that it causes or material damage can cause death, serious bodily harm;

illegal making of act of violence concerning the person which is in the airport and servicing international civil aviation who attracts or can entail death or causing severe harm to health of the person either destruction or serious damage to machinery and constructions of the airport servicing international civil aviation or the aircraft located at the airport and which is not in operation or violation of work of services at the airport if such act threatens or can threaten safety at this airport;

making of murder, stealing or other attack against the personality or freedom of person using international protection or on the members of his family living together with it, or violent attack on the official room, premises or vehicles of person using international protection which can threaten the personality or freedom of the last;

obtaining, ownership, use, transfer, modification, destruction or spraying of nuclear material without the permission of competent authorities which attracts or can entail the death of any person or cause it heavy bodily harm, or cause essential damage to property or the environment;

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