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The document ceased to be valid since  October 20, 2017 according to article 50 of the Law of the Republic of Moldova of  September 21, 2017 No. 120

LAW OF THE REPUBLIC OF MOLDOVA

of October 12, 2001 No. 539-XV

About fight against terrorism

(as amended on 05-05-2017)

The Parliament adopts this organic law.

This law determines legal and organizational basis of activities for fight against terrorism in the Republic of Moldova, procedure for coordination of activities of specialized structures for fight against terrorism and the related activity of the central and local authorities of the public power, public associations and the organizations, officials and individuals, and also the rights, obligations and guarantees of persons in connection with implementation of fight against terrorism.

Chapter I General provisions

Article 1. Legal basis of activities for fight against terrorism

The legal basis of activities for fight against terrorism is constituted the Constitution of the Republic of Moldova, the European convention on fight against terrorism, the conventional principles and rules of international law, the international agreements, one of the parties of which is the Republic of Moldova, this law and other regulations governing the relations in the field.

Article 2. Basic concepts

For the purposes of this law the following basic concepts are applied:

terrorism - the ideology of violence and practice of impact by violence on decision making by bodies of the public power or the international organizations integrated to intimidation of the population and/or to other illegal violent acts;

act of terrorism - making of the explosion, arson or other act creating danger of death of people, causings by it bodily harms or other harm to health, causing essential damage to property or the environment or approach of other heavy effects if this act is made for the purpose of intimidation of the population or its part, drawing attention of the public to certain political, religious or other views of person who made act or for the purpose of compulsion of the state, the international organization, legal entity or physical person to make any action or to refrain from its making, and it is equal threat of making of such act in the same purposes;

terrorist activities - the activities including:

- planning, preparation, attempt of making and making of act of terrorism;

- instigation to act of terrorism, violence over physical persons and legal entities, destruction of material objects in the terrorist purposes, and also public justification of terrorism;

- creation of illegal armed group, criminal society (organization), organized group for making of act of terrorism, and also participation in such act;

- recruitment, arms, training and use of terrorists;

- financing of preparation or making of act of terrorism or other crime of terrorist nature, financing of the terrorist organization, group or terrorist, and also rendering other assistance to them;

the international terrorist activities - the terrorist activities performed:

- the terrorist, terrorist group or the terrorist organization in the territory more than one state, causing damage to interests of these states;

- citizens of one state concerning citizens of other state or in the territory of other state;

- in case both the terrorist, and the victim of terrorism are citizens of the same state or the different states, but the crime is committed outside the territories of these states;

crimes of terrorist nature - crime, stipulated in Article 134-11 Criminal codes of the Republic of Moldova;

the terrorist - person participating in implementation of terrorist activities in any form;

terrorist group - the group consisting of two or more persons which united for the purpose of implementation of terrorist activities;

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 recognized terrorist if at least one of its structural divisions performs terrorist activities;

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

counter-terrorist operation - the special events directed to suppression of act of terrorism, safety of physical persons, neutralization of terrorists, and also to minimization of effects of act of terrorism;

zone of carrying out counter-terrorist operation - certain sites of the area, the vehicle, the building, structure, construction, the room and the territories adjoining to them within which counter-terrorist operation is performed;

taking of hostages - violent deduction by the terrorist or terrorist group of people for the purpose of compulsion of physical, legal entities, the public authorities to execution of their requirements.

Article 3. Basic principles of fight against terrorism

Fight against terrorism in the Republic of Moldova is based on the following principles:

a) legality;

b) priority of measures of the prevention of terrorism;

c) inevitability of punishment for implementation of act of terrorism;

d) combinations of public and secret methods of fight against terrorism;

e) complex use of preventive, legal, political and social and economic measures;

f) priority of protection of the rights of persons which are endangered as a result of making of act of terrorism, minimization of losses of human lives;

g) minimum concessions to terrorists;

h) one-man management in management of forces and the funds raised to implementation of counter-terrorist operations;

i) minimum publicity of techniques, carrying out tactics, and also list of participants of counter-terrorist operations.

Article 4. International cooperation in the field of fight against terrorism

(1) According to the signed international treaties the Republic of Moldova cooperates in the field of fight against terrorism with law enforcement agencies and special services of other states, and also with the international organizations operating in the specified area.

(2) the Republic of Moldova, being guided by interests of safety of the personality, society and state, pursues persons involved in terrorist activities in the territory including in case acts of terrorism were planned or carried out out of its limits, however caused damage to the country, and in other cases provided by international treaties one of the parties of which the Republic of Moldova is.

(3) If necessary the Republic of Moldova according to international treaties, one of the parties of which it is, can appeal in accordance with the established procedure to other states about assistance in holding actions for release of hostages, and also participate in similar actions.

Chapter II of the Basis of the organization of activities for fight against terrorism

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