Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF TAJIKISTAN

of December 2, 2002 No. 78

About military investigation of Armed forces of the Republic of Tajikistan

(as amended on 20-06-2019)

This Law determines the status, the legal basis of the organization and functioning of military investigation of Armed forces of the Republic of Tajikistan, procedure for control and supervision of its activities.

Chapter I. General provisions

Article 1. Military investigation of Armed forces of the Republic of Tajikistan

Military investigation of Armed forces of the Republic of Tajikistan (further military investigation) is component of forces of ensuring national security of the Republic of Tajikistan designed to protect safety of the personality, society and state from external threats with use of the methods and means determined by this Law.

Article 2. Intelligence activities

Intelligence activities are performed by bodies of military investigation by means of:

- gettings and information processing about the real and potential opportunities infringing on the vital interests of the Republic of Tajikistan, actions, plans and intentions of foreign states, the organizations and persons (further - prospecting information);

- rendering assistance in implementation of measures, performed by the state for the benefit of safety of the Republic of Tajikistan.

Article 3. Legislation of the Republic of Tajikistan on military investigation

The legislation of the Republic of Tajikistan on military investigation is based on the Constitution of the Republic of Tajikistan and consists this Law, others, regulatory legal acts of the Republic of Tajikistan, and also international, recognized as the Republic of Tajikistan.

Article 4. Principles of intelligence activities

Intelligence activities are performed on the basis of the principles: separations of powers of the state bodies which are part of forces of safety of the state; legality; respect of rights and freedoms of man and citizen; conspiracies; combinations of public and secret methods and means.

Article 5. Purposes of intelligence activities

The purposes of intelligence activities of military investigation are:

- providing the President, Majlisi Oli and Government of the Republic of Tajikistan with the prospecting information necessary for them for decision making in political, economic, defense, scientific and technical and ecological areas;

- providing the conditions promoting successful realization of policy of the Republic of Tajikistan in the field of safety;

- assistance to military-economic development, scientific and technical progress of the country by means of getting of military investigation of military-economic and scientific and technical information by bodies, including in the realified form, and provisions to its state bodies determined by the President of the Republic of Tajikistan.

Intelligence activities cannot be performed for goal achievement, directed against mankind, and also is more whole, not provided by this Law.

Article 6. Powers of bodies of military investigation

For goal achievement of intelligence activities the following powers are conferred to bodies of military investigation:

- establishment on confidential basis of the relations of cooperation with persons which were voluntarily this on this consent;

- implementation of measures for encoding of personnel structure and on the organization of its activities with use for this purpose other departmental accessory;

- implementation of vowels and secret prospecting, organizational and managerial actions outside the republic for the purpose of ensuring national security;

- use for the purpose of conspiracy of the documents ciphering the identity of employees of personnel structure, departmental accessory of divisions, organizations, the room and vehicles of bodies of military investigation;

- interaction with the bodies of the Republic of Tajikistan performing intelligence and counterintelligence activities and bodies of the state protection;

- use of service premises, property of organizations, organizations and companies, and also residential and non-residential premises, vehicles and other property of the certain citizens necessary in the course of intelligence activities according to the written or oral arrangement;

- the conclusion with the ministries, departments, the companies, organizations and the organizations of the Republic of Tajikistan of the agreements necessary for implementation of intelligence activities; interaction with intelligence and counterintelligence services of foreign states according to the procedure, established by this Law;

- creation of special educational institutions on advanced training of personnel;

- the organization and use of operational accounting, the information system and archives providing the solution of prospecting and organizational tasks, release of special editions; ensuring own safety;

- creation of organizational structures (divisions) necessary for functioning of bodies of military investigation;

- creation of off-budget funds for ensuring intelligence activities according to the legislation of the Republic of Tajikistan;

- rukovodstvovaniye intelligence activities of information agencies of Armed Forces of the Republic of Tajikistan in case of introduction of warlike situation.

Article 7. Financing and material logistics of bodies of military investigation

Financing and material logistics of bodies of military investigation is performed due to the assignments of the government budget allocated for defense, also other means, which are not prohibited by the legislation of the Republic of Tajikistan.

Bodies of military investigation can have the office housing stock created according to the procedure, established by the Government of the Republic of Tajikistan.

Article 8. Protection of data on bodies of military investigation

The citizens of the Republic of Tajikistan arriving on service in the bodies of military investigation, and also person allowed to data on bodies of military investigation undergo the procedure of execution of the admission to the data which are the state secret if other procedure is not provided by the law.

The documents of bodies of military investigation containing the information about their personnel structure, about persons rendering (rendering) confidential assistance of military investigation to bodies, and also about the methods and means used by these bodies are stored only in archives of bodies of military investigation.

The documents of archives of bodies of military investigation which are of historical and scientific value, declassified according to the legislation of the Republic of Tajikistan are transferred to permanent storage to the Public archive agency.

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