LAW OF UKRAINE

of March 20, 2003 No. 638-IV

About fight against terrorism

This Law for the purpose of protection of the personality, the state and society against terrorism, identification and elimination of the reasons and conditions generating it determines legal and organizational basis of fight against this dangerous phenomenon, powers and obligations of executive bodies, associations of citizens and the organizations, officials and certain citizens in this sphere, procedure for coordination of their activities, guarantee of legal and social protection of citizens in connection with participation in fight against terrorism.

Provisions of this Law cannot be applied as the basis for prosecution of citizens who, being effective within the law, speak out in defense of the constitutional rights and freedoms.

Section I. General provisions

Article 1. Determination of the main terms

In this Law the stated below terms are used in the following value:

terrorism - socially dangerous activities consisting in conscious, purposeful use of violence by taking of hostages, arsons, murders, tortures, intimidation of the population and authorities or making of other infringement of life or health of people, not guilty of anything, or threat of making of criminal acts for the purpose of achievement of criminal objectives;

act of terrorism - criminal action in the form of use of weapons, making of explosion, arson or other actions, responsibility for which is stipulated in Article 258 Criminal codes of Ukraine. In case terrorist activities are followed by making of the crimes provided by Articles 112, of 147, 258 - 260, 443, 444, and also other articles of the Criminal code of Ukraine, responsibility for their making comes according to the Criminal code of Ukraine;

the assets connected with financing of terrorism and concerning the financial transactions stopped according to the decision made based on resolutions of the UN Security Council - means, property, the property and non-property rights which fully or partially, directly or mediately belong or are under control of faces tied with implementation of terrorist activities or concerning which the international sanctions, and assets which are received are applied or there are from such means, property, the property and non-property rights, and also other assets of specified persons.

technological terrorism - the criminal offenses made with the terrorist purpose using nuclear, chemical, bacteriological (biological) and other weapons of mass destruction or its components, other unhealthy people of substances, means of electromagnetic action, computer systems and communication networks including capture, inactivation and destruction of potentially dangerous objects which directly or indirectly created or threaten with emergence of threat of emergency situation owing to these actions and constitute danger to personnel, the population and the environment; create conditions for accidents and catastrophic crashes of technogenic nature;

terrorist activities - activities which cover:

planning, organization, preparation and realization of acts of terrorism;

instigation to making of acts of terrorism, violence over physical persons or the organizations, destruction of material objects in the terrorist purposes;

the organization of illegal armed groups, criminal groups (the criminal organizations), organized criminal groups for making of acts of terrorism, as well as participation in such acts;

recruitment, arms, preparation and use of terrorists;

promotion and distribution of ideology of terrorism;

promotion of the Russian Nazi totalitarian regime, the armed aggression of the Russian Federation as the states terrorists against Ukraine;

training to terrorism;

crossing of frontier of Ukraine with the terrorist purpose;

financing and other assistance to terrorism;

terrorism financing - provision or collection of any assets directly or indirectly for the purpose of their use or understanding of opportunity that they will be used fully or partially:

for any purposes certain terrorist or terrorist group (organization);

for the organization, preparation or making of act of terrorism, involvement in making of act of terrorism, public calls for making of act of terrorism, creation of terrorist group (organization), assistance to making of act of terrorism, training to terrorism, crossing of frontier of Ukraine with the terrorist purpose, implementation of any other terrorist activities, and also attempt of making of such actions;

the international terrorism - performed in world or regional scale by the terrorist organizations, groups, including with assistance of state bodies of the certain states, for the purpose of achievement of particular purposes socially dangerous violent acts connected with stealing, capture, murder of people, not guilty of anything, or threat of their life and to health, destruction or threat of destruction of important economic objects, life support systems, communications, application or threat of use of nuclear, chemical, biological and other weapons of mass destruction;

the terrorist - person participating in terrorist activities;

terrorist group - group of two and more persons which combined with the purpose of making of acts of terrorism;

the terrorist organization - the steady consolidation of three and more persons created for the purpose of making of terrorist activities within which distribution of functions is performed the certain rules of conduct obligatory for these persons are established by preparation and making of acts of terrorism. The organization is recognized terrorist if at least one of its structural divisions performs terrorist activities with the consent of at least one of heads (governing bodies) of all organization;

the state terrorist - the state which is open, with use of own armed forces, other paramilitary groups or is hidden, with use of the paramilitary groups acting on behalf and (or) for the benefit of such state conducts terrorist attacks, acts of the international terrorism;

fight against terrorism - activities for the prevention, identification, suppression, minimization of effects of terrorist activities;

anti-terrorist operation - complex of the coordinated special events directed to the prevention, prevention and suppression of terrorist activities, release of hostages, safety of the population, neutralization of terrorists, minimization of effects of terrorist activities;

the area of conducting anti-terrorist operation - the sites of the area or the water area, vehicles determined by management of anti-terrorist operation, buildings, constructions, rooms and the territories or the water areas adjacent to them and within which the specified operation is performed;

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