RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of November 27, 2021 No. 32

About some questions of court practice on criminal cases about financing of terrorism and extremism

Due to the questions which arose in court practice on criminal cases about financing of terrorism and extremism and also for the purpose of ensuring the correct and uniform use of the provisions of the law by hearing of cases of this category, being guided by article 22 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts that timely and high-quality consideration of the criminal cases connected with financing of terrorism and extremism is one of important conditions of ensuring national security.

2. Draw the attention of courts that by hearing of cases about the crimes connected with financing of terrorism and extremism, courts along with criminal and the criminal procedure laws should be guided:

The law of the Republic of Uzbekistan "About fight against terrorism";

The law of the Republic of Uzbekistan "About counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction";

other regulatory legal acts of the Republic of Uzbekistan directed to counteraction to financing of terrorism and extremism;

international conventions about fight against terrorism financing;

recommendations of Group of development of financial measures of anti-money laundering (FATF).

3. Explain to courts that in article 155-3 of the Criminal code of the Republic of Uzbekistan (further - UK) provides criminal liability for:

material or financial provision of existence, functioning of the terrorist organization, departure of persons abroad or their movements through the territory of the Republic of Uzbekistan for participation in terrorist activities, preparation and making of act of terrorism (further - material and financial provision of terrorism);

direct or indirect provision or collection of any means, resources, rendering other services to the terrorist organizations or persons helping or participating in terrorist activities.

4. According to the Law of the Republic of Uzbekistan "About fight against terrorism" the terrorist organization is understood as steady consolidation of two or more persons or terrorist groups for implementation of terrorist activities.

5. Material and financial provision of existence, functioning of the terrorist organization can be expressed:

in the provision of movable or real estate assets of any sort or legal documents certifying the right to such assets, or participation in them (for example, bank checks, money transfers, bank loans, securities, bonds, bills of exchange, shares, letters of credit, etc.);

other property or the service of property nature intended for implementation of terrorist activities.

6. The services of property nature intended for implementation of terrorist activities can be expressed in:

acquisition of tickets for trip abroad or movement through the territory of the Republic of Uzbekistan for participation in terrorist activities;

money transfer, including under the guise of charity, on settlement accounts in the Republic of Uzbekistan or abroad;

provision of cash and other means through the third parties;

escort of persons going for accession to the terrorist organizations;

provision of weapon, ammunition and other equipment for making of acts of terrorism;

provision of food, necessities, medicines, regimentals, equipments, means of communication, transport, residential and not premises, money, etc.

7. Fund raising, resources is understood as making of the actions directed to direct finding or accumulating of subject of the crime intended for terrorism financing. The crime which is expressed in fund raising of resources is considered ended from the moment of receipt at least of part of the subject intended for terrorism financing regardless of availability of real possibility of the order by the received means.

8. Provision of means, resources is understood as transfer of subject of financing of the terrorism which is earlier got in the lawful or illegal way to or in the course of making of crimes of terrorist nature. This act is considered ended from the moment of the actual provision of subject of crime, including from the moment of departure by mail or other means of communication, regardless of availability of real possibility of its use.

9. The actions expressed in financing of the terrorist organization by person who is her participant it is qualified on set of articles 155 and 155-3 UK.

10. Explain that for recognition of person, guilty of crime execution, stipulated in Article 155-3 UK, there is enough establishment at least of one fact of financing of terrorism.

11. Bodies of pretrial investigation and courts in case of qualification of actions of the guilty person on the Item "and" of part two of article 155-3 UK shall be guided by the provisions provided by articles 32 and 34 UK.

12. The actions of officials expressed in terrorism financing are qualified on the Item of part two of article 155-3 UK and do not require additional qualification under articles 192-11, 205 UK.

In case of qualification of actions of the official on the Item of part two of article 155-3 UK it is necessary to determine that the contractor used the office powers for terrorism financing.

13. For qualification of actions of the guilty person on the Item "in" of part two of article 155-3 UK preliminary consolidation of two and more persons in group for the purpose of implementation of joint activities for terrorism financing shall be established.

14. In case of the solution of question of availability in actions of person of signs of extremism courts should be guided by article 3 of the Law of the Republic of Uzbekistan "About counteraction to extremism".

15. Financing of extremism according to the law is understood as activities:

aimed at providing existence and functioning of extremist activities, departure of persons abroad and movement through the territory of the Republic of Uzbekistan for participation in extremist activities:

direct or indirect provision or collection of any means, resources, other services to the extremist organizations or persons helping or participating in extremist activities.

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