LAW OF THE REPUBLIC OF BELARUS

of July 9, 1999 No. 289-Z

About operational search activities

Accepted by the House of Representatives on June 24, 1999

Approved by Council of the Republic on June 30, 1999

This Law determines content of operational search activities, regulates the legal relationship arising during its implementation, installs system of guarantees of legality when conducting investigation and search operations.

Chapter 1. General provisions

Article 1. Operational search activities

Operational search activities are one of state and legal remedies of life, health, the rights, freedoms and legitimate interests of citizens, property, safety of society and the state from criminal encroachments, are performed publicly and secretly by operational divisions of the state bodies (further, if other is not provided by this Law, - the bodies performing operational search activities) authorized on that by this Law within their competence.

Article 2. The basic concepts applied in this Law

In this Law the following basic concepts and their determinations are applied:

1) poll of citizens - the action directed to obtaining according to the interviewed person of information important for the solution of tasks of operational search activities;

2) targeting of references - receipt of information necessary for the solution of tasks of operational search activities, from operational, criminalistic and other databases (accounting), information systems, from legal entities and physical persons, and also from other sources;

3) collection is model for comparative research - detection and withdrawal of the material data carriers which kept traces of crime or traces of person who committed crime and also the objects serving as subjects to criminal encroachments or able to serve as the sensor of socially dangerous illegal act and persons, involved in it;

4) checking purchase - artificially created by the body performing operational search activities the situation of purchase of goods, values, currencies, and also other objects, substances and products without consumption purpose or is sold in the presence of information on the violations of the law attracting criminal liability;

5) research of objects and documents - studying of objects and documents for the purpose of identification of traces and tools of crime execution or results of criminal activities;

6) observation - visual and other perception and fixing of tasks of operational search activities of the phenomena, acts, events, processes, significant for the decision;

7) identification of the personality - establishment and identification of the identity of the checked face based on unchangeable signs of the person;

8) inspection of rooms, buildings, constructions, sites of the area and vehicles - survey of the called objects for the purpose of possible detection of signs of criminal activities, and also the events or actions creating threat of homeland security of the state;

9) acoustical control - obtaining and fixing of acoustic information in placements, constructions, vehicles and on areas for the solution of tasks of operational search activities;

10) control of mailings, cable and other messages - viewing of mailings, cable and other messages for the purpose of detection of data on criminal activities of the checked face and receipt of other information for the benefit of the solution of tasks of operational search activities;

11) listening of telephone negotiations - listening and fixing in the form of sound recording on magnetic and other carriers of the acoustic information transferred on power networks of telephone communication when maintaining telephone negotiations for the solution of tasks of operational search activities;

12) removal of information from technical communication channels - obtaining, transformation and fixing by means of technical means of different types of the signals transmitted on any technical communication channels for the solution of tasks of operational search activities;

13) operational implementation - penetration into criminal forming of the employee of the body performing operational search activities or person rendering him assistance on confidential basis for the solution of tasks of operational search activities;

14) controlled delivery - the controlled body performing operational search activities, movement of goods, values, currencies, and also objects, substances and products which free realization is prohibited or turnover of which is limited, and equally the objects got in the criminal way or which kept on itself traces of crime or tools and means of crime execution for the purpose of the prevention, identification, control of offenses and the solution of other tasks of operational search activities;

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