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Accepted at the thirty third plenary session of Inter-parliamentary Assembly of the State Parties of the CIS by the Resolution of December 3, 2009, No. 33-18

MODEL LAW

About counteraction to terrorism

This Law establishes the basic principles of counteraction to terrorism, legal and organizational basis of prevention of terrorism and fight against it, minimization and (or) mitigations of consequences of manifestations of terrorism.

Chapter I. General provisions

Article 1. Legal basis of counteraction to terrorism

The legal basis of counteraction to terrorism is constituted by the constitution of the state, the conventional principles and rules of international law, the international agreements of the state, this Law, criminal and criminal procedure codes, other regulatory legal acts of the state.

If the international treaty of the state establishes other rules, than those which contain in this Law then are applied rules of the international treaty of the state.

Article 2. Basic principles of counteraction to terrorism

Counteraction to terrorism in the state is based on the following principles:

a) providing and protection of basic rights and freedoms of man and citizen;

b) legality;

c) priority of protection of the rights and legitimate interests of the physical persons which are exposed to terrorist danger;

d) inevitability of punishment for implementation of terrorist activities;

e) systemacity and complex use of political, information and propaganda, social and economic, legal, special and other measures of counteraction to terrorism;

e) cooperation of the state with public and religious associations, the international and other organizations, citizens in counteraction to terrorism;

g) the priority died preventions of terrorism;

h) one-man management in management raised by forces and funds when carrying out counter-terrorist operations;

i) combination of public and secret methods of counteraction to terrorism;

j) confidentiality of data on special means, techniques, tactics of implementation of actions for fight against terrorism, and also about the list of their participants;

k) inadmissibility of political concessions to terrorists;

l) minimization and (or) mitigation of consequences of manifestations of terrorism;

m) adequacy of measures of counteraction to terrorism to nature and extent of terrorist threat.

Article 3. Basic concepts

In this Law the following basic concepts are used:

terrorism - the ideology of violence and practice of impact on decision making by public authorities, local government bodies or international organizations connected with intimidation of the population and (or) other forms of illegal violent acts;

the act of terrorism - making of the actions creating danger of death of people, causings significant property damage or approach of other socially dangerous effects if these actions are made for the purpose of intimidation of the population and (or) coercion of authorities, the international organizations or certain officials to fulfillment of requirements of terrorists;

terrorist activities - making of any of the following acts:

- organization, planning, preparation and making of the act of terrorism;

- promotion of the ideas of terrorism, distribution of the materials or information calling for implementation of terrorist activities or proving or justifying need of implementation of such activities including with use of information and telecommunication networks public and the Internet;

- the organization of illegal paramilitary force, the criminal organization or group for the purpose of making of the act of terrorism, and participation in such structures is equal;

- recruitment, arms, training or use of terrorists;

- complicity in the organization, planning, preparation and making of the act of terrorism;

- instigation to the act of terrorism;

- financing of terrorist activities;

- any forms of assistance to the organizations which activities are acknowledged terrorist according to the legislation of the state;

the international terrorist activities - the terrorist activities performed:

- the terrorist or the terrorist organization in the territory more than one state or causing damage to interests more than one state;

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

- outside the territories of the states which citizens are the terrorist and his victim;

crime of terrorist nature - socially dangerous act prohibited by the criminal code of the state under the threat of punishment, made for the purpose of terrorism;

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

terrorist group - merging of two and more physical persons for the purpose of implementation of terrorist activities in any form;

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