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Ministry of Justice

Republic of Tajikistan 

 On March 30, 2011 No. 266

LAW OF THE REPUBLIC OF TAJIKISTAN

of March 25, 2011 No. 687

About operational search activities

(as amended on 18-07-2017)

This Law governs the public relations connected with implementation of operational search activities and installs system of guarantees of legality, ensuring compliance with rights and freedoms of man and citizen when conducting investigation and search operations.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- operational search activities - type of activity, performed publicly or secretly by the bodies performing operational search activities within the powers by means of conducting investigation and search operations for the purpose of protection of life, health, rights and freedoms of man and citizen, property, safety of society and the state from criminal encroachments;

- to perform the bodies performing operational search activities operational divisions of the state bodies authorized according to part 1 of article 13 of this Law within the powers operational search activities;

- the authorized prosecutor - the prosecutor who within the powers has the right to get acquainted with operational search documents and the right of check of legality of decisions of the bodies performing operational search activities about conducting investigation and search operations;

- investigation and search operations - the system of measures installed by the legislation of the Republic of Tajikistan applied publicly or secretly by the bodies performing operational search activities for the purpose of the solution of tasks of operational search activities;

- operational poll - collection of the actual information important for the solution of specific objective of operational search activities according to the interviewed person who really or possibly has it;

- targeting of references - receipt of information important for the solution of specific objectives of operational search activities by sending an inquiry to the physical person or legal entity having or able to have that, and is equal its obtaining by direct acquaintance with the appropriate material sources, including from operational, criminalistic and other databases (accounting) of information systems and other sources;

- operational collection is model for comparative research

- detection, withdrawal and preservation of the material sources of information which kept traces of crime or traces of person who committed crime and also the objects which served as subjects to criminal encroachments or able to serve as the sensor of socially dangerous act and persons, involved in it, for the purpose of their comparison with materials or identical objects at the studied persons for the solution of specific objective of operational search activities;

- personal investigation - form of implementation of methods and complex of the operational search actions which are carried out directly by the employee of operational search body for the purpose of detection of essential operational data and the solution of operational search tasks;

- operational checking purchase - creation by the body performing operational search activities, situation in which under operating control goods, objects or services without the purpose of their consumption, sale or use at person, reasonably the suspect of crime execution, and also for the purpose of receipt of information on probable criminal activities and the solution of other tasks of operational search activities are paid acquired;

- operational research of objects, documents and other objects

- studying of objects, documents and other objects which kept or could keep on themselves traces of crime, were or could be the tool of crime execution or result of criminal activities, for the purpose of identification of traces and tools of making of crimes and results of criminal activities;

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

- the operational identification of the personality and other objects - establishment and identification of person and other objects on the static and dynamic unchangeable signs individualizing them, and is equal by means of other methods allowing with sufficient degree of probability to identify the personality or other object;

- operational inspection of the dwelling, rooms, buildings, constructions, sites of the area and vehicles - penetration and survey of the specified objects for the purpose of detection of the traces of crime, tools of crime execution, other objects, substances or documents which are possibly concerning crime execution, and is equal for the solution of other specific objectives of operational search activities;

- operating control of mailings, cable and other messages - viewing of the written and fixed on the material carrier other correspondence for the purpose of detection of data on criminal activities of the studied person, identifications of its bonds and receipt of other information promoting the solution of specific objectives of operational search activities;

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