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LAW OF THE REPUBLIC OF UZBEKISTAN

of December 25, 2012 No. ZRU-344

About operational search activities

Accepted by Legislative house on November 7, 2012

Approved by the Senate on December 5, 2012

(as amended on 30-11-2020)

Chapter 1. General provisions

Article 1. Purpose of this Law

The purpose of this Law is regulation of the relations in the field of operational search activities.

Article 2. Legislation on operational search activities

The legislation on operational search activities consists of this Law and other acts of the legislation.

Article 3. Concept of operational search activities

Operational search activities - the type of activity performed by operational divisions of the state bodies which are specially authorized on that by this Law (further - the bodies performing operational search activities) by means of conducting investigation and search operations.

Article 4. Main objectives of operational search activities

The main objectives of operational search activities are:

ensuring protection of the rights, freedoms and legitimate interests of the person, property of legal entities and physical persons, safety of the personality, society and state;

prevention, identification, suppression and disclosure of crimes, and also identification and establishment of persons involved in their preparation and making;

implementation of search of the persons disappearing from bodies of inquiry, investigation, and court, evading from criminal penalty, missing persons and other persons in cases stipulated by the legislation, and also identification of unknown corpses;

information collection about persons, events, actions (failure to act) creating safety hazard of the personality, society and state.

Article 5. Basic principles of operational search activities

The basic principles of operational search activities are legality, priority of the rights, freedoms and legitimate interests of the person, conspiracy, combination of public and secret methods.

Article 6. Principle of legality

The bodies performing operational search activities and their workers shall observe and perform precisely requirements of the Constitution of the Republic of Uzbekistan, this Law and other acts of the legislation.

Departure from exact observance and execution of the legislation when implementing operational search activities is violation of legality and involves the established responsibility.

Article 7. Principle of priority of the rights, freedoms and legitimate interests of the person

The bodies performing operational search activities and their workers when conducting investigation and search operations shall observe the rights, freedoms and legitimate interests of the person.

In case of violation by the bodies performing operational search activities and their workers of the rights, freedoms and legitimate interests of the person, these bodies and their heads shall take measures for recovery of these rights, freedoms and legitimate interests, compensation of damage suffered and involvement of guilty persons to responsibility in accordance with the established procedure.

The information obtained as a result of conducting investigation and search operations not connected with crime execution or other offense cannot be used for restriction of the rights, freedoms and legitimate interests of the person.

Nobody can be subjected to tortures, violence, another to the cruel or degrading honor and advantage of the person address.

Implementation of actions which lead to disclosure of data on circumstances of private human life is forbidden, threaten his life, health, degrade honor and advantage.

Article 8. Principle of conspiracy

Operational search activities are performed with respect for the principle of conspiracy, that is establishment of special procedure for conducting investigation and search operations, obtaining, registrations, storages and uses of operational search information, and also rules of the address with operational in-house documents.

Article 9. Principle of combination of public and secret methods

The bodies performing operational search activities use public and secret methods which special nature is determined by conditions of these activities.

Chapter 2. The bodies performing operational search activities, their legal status

Article 10. The bodies performing operational search activities

Operational search activities in the territory of the Republic of Uzbekistan are performed by bodies:

Ministries of Internal Affairs of the Republic of Uzbekistan;

Services of state security of the Republic of Uzbekistan;

State Customs Committee of the Republic of Uzbekistan;

military investigation of the Ministry of Defence of the Republic of Uzbekistan;

Public service of safety of the President of the Republic of Uzbekistan;

Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan;

Bureau of forced execution under the Prosecutor General's Office of the Republic of Uzbekistan.

Article 11. Differentiation of powers of the bodies performing operational search activities

On the criminal cases which are in production of bodies of inquiry and the investigation, investigation and search operations are held by the bodies performing operational search activities according to the competence provided in Chapters 43 and 46-1 of the Code of penal procedure of the Republic of Uzbekistan.

On the criminal cases which are in the production of bodies of prosecutor's office, bodies of inquiry and pretrial investigation which are not relating to the bodies performing operational search activities, investigation and search operations are held by the bodies performing operational search activities based on the written order of the investigator, the investigator, specifying and the order of the prosecutor.

In the presence of the bases specified in article 15 of this Law, the bodies performing operational search activities hold investigation and search operations according to the legislation.

Article 12. The rights of the bodies performing operational search activities

The bodies performing operational search activities have the right:

conduct publicly and secretly the investigation and search operations provided in article 14 of this Law;

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