of August 15, 2003 No. 190-II
About fight against terrorism
This Law determines legal and organizational basis of fight against terrorism in Turkmenistan, procedure for activities and interaction of state bodies, organizations, irrespective of patterns of ownership, and public associations in fight against terrorism, and also the rights, obligations and guarantees of citizens in connection with implementation of fight against terrorism.
The main terms containing in this Law have the following value:
1) "terrorism" - policy and tactics of the actions aiming at seizure of power and violent change of the constitutional system of the country, violation of public safety, intimidation of the population, creation of situation of chaos or rendering impact on adoption of the decisions by authorities profitable to terrorists or satisfaction of their illegal valuable and (or) other interests;
2) "terrorist activities" - the activities representing:
- distribution or promotion of ideology of terrorism;
- organization, planning, preparation and realization of act of terrorism;
- instigation to act of terrorism, violence over physical persons or the organizations, destruction of material objects in the terrorist purposes;
- the organization of illegal armed group, criminal society (the criminal organization), organized group for making of act of terrorism, and participation in such act is equal;
- attraction to cooperation, arms, training and use of terrorists;
- financing of obviously terrorist organization, terrorist group or terrorist or other any assistance by it;
3) "the international terrorist activities" - the terrorist activities performed:
- the terrorist, group of terrorists 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;
- in case both the terrorist, and the victim of terrorism are citizens of the same state or the different states, but the crime is committed outside the territories of these states;
4) "act of terrorism" - direct crime execution of terrorist nature in the form of explosion, arson, application or threat of use of nuclear destructive devices, the radioactive, chemical, biological, bacteriological, explosive, toxic, poisoning, strong, toxic agents; destructions, damage or hijacking of vehicles, material and other objects; infringement of life of the President of Turkmenistan, other state or public figure, the representative of national, ethnic, religious or other national groups, representatives of foreign states and the staff of the international organizations using the international legal protection or diplomatic immunity, and it is equal on service premises or vehicles of these persons, taking of hostages, kidnappings; creations of danger of damnification of life, to health or property of the uncertain group of people by creation of conditions for accidents and catastrophic crashes of technogenic nature or real threat of creation of such danger; distribution of threats in any form and by all means; other actions creating danger to life and health of the person, causing significant property damage or approach of other socially dangerous effects;
5) "crimes of terrorist nature" - the crimes provided by Articles 130, of 170, Article part one 176, articles 271-273 of the Criminal code of Turkmenistan. Other crimes provided by the Criminal code of Turkmenistan also can be carried to crimes of terrorist nature if they are made in the terrorist purposes;
6) "terrorist" - person participating in implementation of terrorist activities in any form;
7) "terrorist group" - group of persons, united for the purpose of implementation of terrorist activities;
8) "terrorist organization" - the organization created for the purpose of implementation of terrorist activities or acknowledging the possibility of use of terrorism in the activities. The organization is recognized terrorist if at least one of its structural divisions or certain member of this organization performs terrorist activities with the consent of at least one of governing bodies of this organization;
9) "fight against terrorism" - activities for the prevention, identification, suppression of terrorist activities and minimization of its effects;
10) "anti-terrorist operation" - the special events directed to suppression of act of terrorism, safety of physical persons, neutralization of terrorists, and also to minimization of effects of act of terrorism;
11) "anti-terrorist operation zone" - certain sites of the area or the water area, the vehicle, the building, structure, construction, the room and the territories adjoining to them or water areas, other areas within which the specified operation is performed;
12) "hostage" - the physical person captured and (or) withheld for the purpose of coercion of the state, the organization or individuals to make any action or to refrain from making of any action as conditions of release of the withheld person.
The legal basis of fight against terrorism is constituted by the Constitution of Turkmenistan, the Criminal code of Turkmenistan, this Law, other laws of Turkmenistan, acts of the President of Turkmenistan and the conventional principles and rules of international law, the international agreements of Turkmenistan, and also regulatory legal acts adopted by the relevant state bodies according to them.
Terrorism in Turkmenistan is fought for the purpose of:
1) protection of the personality, society and state against terrorism;
2) preventions, identifications, suppression of terrorist activities and minimization of its effects;
3) identification and elimination of the reasons and conditions promoting implementation of terrorist activities.
Fight against terrorism in Turkmenistan is based on the principles:
2) priority of measures of the prevention of terrorism;
3) inevitability of punishment for implementation of terrorist activities;
4) combinations of public and secret methods of fight against terrorism;
5) complex use of preventive, legal, political, social and economic, propaganda measures;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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The document ceased to be valid since December 8, 2017 according to article 39 of the Law of Turkmenistan of November 25, 2017