LAW OF THE KYRGYZ REPUBLIC

of May 29, 2013 No. 82

About counteraction of organized crime

Accepted by Jogorku Kenesh of the Kyrgyz Republic on April 18, 2013

This Law determines state policy and organization-legal bases of counteraction of organized crime.

Article 1. Main terms and concepts

Criminal ideology - historically developed frame of reference and representations of group consciousness of persons based on assessment of social reality from the point of view of criminal subculture.

Criminal hierarchy - frame of reference and estimates about provision (the status or role) of person in organized criminal groups, criminal societies (the criminal organizations), armed groups (gangs).

Criminal subculture - rather independent pseudo-cultural circle existing in society, based on opposition to the conventional values and regulations of the hostel and expressed in criminal forms of the organization of life.

The criminal status - provision of person in criminal hierarchy, certain and acknowledged the rules established in underworld.

The leader of organized criminal group, criminal society (the criminal organization), armed group (gang) - in this Law is understood the person holding acknowledged authority on criminal hierarchy, having higher position and personal influence on coordination and the organization of activities of organized criminal groups, criminal societies (the criminal organizations), armed groups (gangs), providing forming and structural creation of such groups or communities.

Operational and preventive accounting - the information system created in the body performing counteraction of organized crime about organized criminal groups, criminal societies (the criminal organizations), armed groups (gangs), legal entities and physical persons involved in organized criminal groups, criminal societies (the criminal organizations), armed groups (gangs).

Organized crime - the activities performed by organized criminal groups, criminal societies (the criminal organizations), armed groups (gangs), which are characterized by the signs determined by the penal legislation of the Kyrgyz Republic.

The official prevention - the procedural document of the official of the authorized state body performing counteraction of organized crime, constituted concerning person for observance and execution of requirements of regulatory legal acts by it.

Counteraction of organized crime - activities of authorized state bodies of the Kyrgyz Republic:

1) on identification, suppression, disclosure and investigation of the crimes committed by organized criminal groups, criminal societies (the criminal organizations), armed groups (gangs);

2) according to the prevention of organized crime, identification and the subsequent elimination of the reasons and conditions promoting emergence of organized crime (prevention of organized crime).

Preventive measures of impact against organized crime (daleepreventivny corrective actions) - in this Law activities of authorized state bodies for the prevention and suppression of manifestations of organized crime, studying, identification and elimination of the reasons and conditions promoting its development, ensuring individual education of person involved in organized criminal groups, criminal societies (the criminal organizations), armed groups (gangs) are understood.

Criminal conduct of life - the antisocial image of life activity of persons directly testimonial of their belonging to organized criminal groups, criminal societies (the criminal organizations), armed groups (gangs) which is characterized by denial accepted in the society of moral standards and morality.

Check of financial and property status - measure for check of legality of the available financial incomes of the physical persons and legal entities involved in organized criminal groups, criminal societies (the criminal organizations), armed groups (gangs), and justification of acquisition of property by them.

The member of organized criminal group, criminal society (the criminal organization), armed group (gang) - person which intentionally is taking part in activities of organized criminal group, criminal society (the criminal organization), armed group (gang) or the rendering assistance in creation of conditions for their maintenance and development.

Article 2. Purposes and tasks of this Law

1. The purpose of this Law is ensuring effective counteraction of organized crime.

2. Tasks of this Law are:

1) protection of the rights and freedoms of physical persons and legal entities, safety of society and the state from organized crime;

2) prevention and suppression of organized crime;

3) creation of legal and organizational basis of counteraction of organized crime;

4) elimination of the reasons and conditions promoting organized crime;

5) identification and suppression of criminal activities of persons involved in organized criminal group, criminal society (criminal organization), armed group (gang).

Article 3. Legal basis of counteraction of organized crime

The legal basis of counteraction of organized crime is constituted by the Constitution, this Law, other regulatory legal acts of the Kyrgyz Republic, and also the international agreements which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

Article 4. Principles of counteraction of organized crime

Counteraction of organized crime is based on the principles:

1) legality;

2) protection of rights and freedoms of man and citizen;

3) inevitability of responsibility;

4) humanity and justice.

Article 5. System of the state bodies counteracting organized crime

The system of the state bodies performing counteraction of organized crime is constituted:

1) the bodies performing counteraction of organized crime (further - authorized bodies):

a) the law-enforcement bodies performing ensuring interaction on counteraction of organized crime, collection, the analysis, storage and use of information within this Law;

b) bodies of homeland security;

c) bodies of criminal executive system;

d) monitoring body of drugs;

e) body for fight against economic crime;

e) customs authorities;

2) the bodies promoting counteraction of organized crime (daleesodeystvuyushchy bodies):

a) bodies of prosecutor's office;

b) tax authorities;

c) body for defense;

d) body of financial investigation;

e) public registration service;

e) National Bank of the Kyrgyz Republic;

g) Audit Chamber of the Kyrgyz Republic;

h) local government bodies;

i) local public administrations;

j) the authorized state body in the field of foreign affairs performing coordination of general questions of international cooperation on counteraction of organized crime.

Article 6. Directions of counteraction of organized crime

The directions in the field of counteraction of organized crime are:

1) creation of legal and organizational bases of effective counteraction of organized crime, organization of international cooperation;

2) information support;

3) identification and elimination of the reasons and conditions generating organized crime;

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