Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of June 29, 2004 No. 711-IIQ

About intelligence and counterintelligence activities

(as amended on 20-12-2021)

This Law governs the legal relations connected with implementation of intelligence and counterintelligence activities and determines system of legal guarantees in case of application of prospecting and counterprospecting actions.

Chapter I. General provisions

Article 1. Concept of intelligence and counterintelligence activities and its purpose

1.1. Intelligence activities represent the special activities directed to getting and the analysis by the relevant state bodies of the Azerbaijan Republic of information connected with protection of national interests of the country in space, economic, social, scientific and technical, military and other areas, performed for the purpose of ensuring national security.

1.2. Intelligence activities are aimed at providing favorable conditions for ensuring national interests of the Azerbaijan Republic and successful implementation of policy of national security.

1.3. Counterintelligence activities represent the special activities performed for the purpose of identification, prevention and suppression of prospecting actions of bodies of special services of the foreign organizations and individuals capable to cause damage to independence, sovereignty, territorial integrity, the constitutional system, economic, defense, scientific and technical potential and other national interests.

1.4. Counterintelligence activities are directed to protection against the conditions, processes and factors interfering implementation of the national interests of the Azerbaijan Republic or posing threat to these interests.

Article 2. Legal basis of intelligence and counterintelligence activities

The legal basis of intelligence and counterintelligence activities the Constitution of the Azerbaijan Republic, the laws of the Azerbaijan Republic "About homeland security", "About operational search activities" constitute, this Law and other regulatory legal acts, and also international agreements which the Azerbaijan Republic joined.

Article 3. Basic principles of intelligence and counterintelligence activities

3.0. The basic principles of intelligence and counterintelligence activities are:

3.0.1. legality;

3.02. observance of human rights and freedoms;

3.0.3. humanity;

3.0.4. conspiracy, approval of open and reserved methods and methods.

3.0.5. direct subordination and stay under control of relevant organs of the executive authority of the Azerbaijan Republic.

Article 4. Guarantee of human rights and freedoms and citizens

4.1. When implementing intelligence and counterintelligence activities the actions degrading honor and advantage of the personality shall not be allowed.

Any person can be involved in cooperation with subjects of intelligence and counterintelligence activities only from own consent.

4.2. During implementation of intelligence and counterintelligence activities restriction of the right of integrity of human beings, except as specified, stipulated by the legislation the Azerbaijan Republic is not allowed. In the course of intelligence and counterintelligence activities disclosure of the secret data received about private and family life of any person without its permission is not allowed.

4.3. In case of application of the investigation and search operations in counterintelligence activities connected with restriction of immunity of housing, telephone negotiations, rights on respect for privacy of the data forwarded by mail, telegraph and other departures and also getting of information from technical communication channels and other technical means, shadowings people are allowed only in the cases provided by the Law of the Azerbaijan Republic "About operational search activities" and also the criminal procedure legislation of the Azerbaijan Republic.

4.4. If in case of execution of the service duties employees of subjects of intelligence and counterintelligence activities allow violation of the human and civil laws and freedoms, the relevant structures shall take measures for recovery of these rights and freedoms, compensation of the caused damage and accountability of perpetrators.

4.5. The officials of subjects of intelligence and counterintelligence activities who abused the power, or exceeded ex-officio full powers bear responsibility, stipulated by the legislation the Azerbaijan Republic.

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