LAW OF THE REPUBLIC OF TAJIKISTAN

of December 28, 2013 No. 1038

About fight against organized crime

This Law governs the public relations connected with protection of rights and freedoms of man and citizen, legal entities of property, safety of society and the state from organized crime and determines the legal basis of state policy of the Republic of Tajikistan in the field of fight against organized crime.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- organized crime - socially dangerous phenomenon connected with creation and criminal activities of organized criminal groups, including armed groups (gangs), criminal societies (the criminal organizations);

- organized criminal group - steady group of persons, one or several crimes which in advance united for making;

- criminal society (the criminal organization) - consolidation of two or several organized groups organized for making of heavy or especially serious crimes in the steady organization which activities are based on separation between associates and its structures of management functions, providing and execution of criminal objectives of community;

- financing of organized criminal group, criminal society (the criminal organization) - direct or indirect provision, transfer or collection of national or foreign currency, and also securities for the purpose of their complete or partial use for making of crimes of organized nature;

- the organization rendering assistance to organized criminal group, criminal society (the criminal organization) - the organization which is obviously providing to organized criminal group, criminal society (the criminal organization) or their participants the settlement account, production, buildings, constructions, transport, technical means and other property for the purpose of implementation of criminal activities, and equally in the organization, promoting concealment of traces of criminal activities of organized criminal group, criminal society (the criminal organization).

Article 2. Legislation of the Republic of Tajikistan on fight against organized crime

The legislation of the Republic of Tajikistan on fight against organized crime is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Tasks of fight against organized crime

Tasks of fight against organized crime are:

- protection of rights and freedoms of man and citizen, legal entities, property, safety of society and the state from organized crime;

- prevention, identification and suppression of criminal activities of organized criminal groups, criminal societies (criminal organizations) and their participants;

- identification and elimination of the reasons and conditions promoting origin and development of organized crime;

- non-admission of penetration of organized crime into system of state bodies;

- establishing international cooperation with the purpose of the prevention, identification and control of offenses of transnational nature.

Article 4. Principles of fight against organized crime

Fight against organized crime is based on the principles of legality, equality before the law, respect and observance of rights and freedoms of man and citizen, inevitability of responsibility, systemacity and the sequence, benefit of means of identification and suppression of organized crime, combination of public and secret methods and means of activities.

Article 5. Main directions of fight against organized crime

Treat the main directions of fight against organized crime: the prevention, identification and suppression of activities of organized criminal groups, criminal societies (the criminal organizations) and their participants who are engaged in the following activities:

- terrorist activities;

- extremist activities (extremism);

- human trafficking;

- drug trafficking, psychotropic substances and precursors;

- illicit trafficking in firearms and ammunition to it, destructive devices and explosives;

- smuggling of drugs, psychotropic substances and precursors, weapon and ammunition, combustible and explosives, the explosive devices, nuclear, radioactive, chemical, biological materials or other types of weapon of mass defeat, materials and the equipment used during creation of weapons of mass destruction, precious metals and stones, strategically important primary goods, art, historical, archaeological or other cultural values concerning which special rules of movement through customs border of the Republic of Tajikistan are established;

- legalization (washing) of income gained in the criminal way;

- production or sale of counterfeit money or securities, counterfeit credit or settlement cards or other payment documents;

- infringement of information security;

- illegal aspiration to change of the constitutional system of the Republic of Tajikistan and threat to its legal basis.

Article 6. Measures of fight against organized crime

Fight against organized crime is performed by means of the following measures:

- ensuring proper legal regulation of activities for fight against organized crime;

- systems analysis of the processes happening in the criminal circle;

- prevention and suppression of financing of organized criminal group, criminal society (the criminal organization), and also the organizations rendering assistance to organized criminal group, criminal society (the criminal organization);

- counteractions of illegal armed groups to the organization;

- planning, the organization and coordination of activities of state bodies and organizations for fight against organized crime, including with the international organizations and relevant organs of foreign states;

- enhancement of the organization and tactics of activities of the state bodies performing fight against organized crime;

- enhancement of system of organizational, information, financial, material and other support of activities for fight against organized crime;

- ensuring supervision of activities for fight against organized crime.

Chapter 2. Organization of activities for fight against organized crime

Article 7. The subjects which are directly performing fight against organized crime

The subjects which are directly performing fight against organized crime are:

- law-enforcement bodies;

- bodies of homeland security;

- bodies of prosecutor's office;

- bodies for the state financial control and fight against corruption;

- drugs monitoring bodies;

- customs authorities.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info