LAW OF THE AZERBAIJAN REPUBLIC

of October 28, 1999 No. 728-IQ

About operational search activities

This Law governs the legal relations connected with implementation of operational search activities and determines system of legal guarantees in application of operational search measures.

Chapter I. General provisions

Article 1. Concept, purposes and tasks of operational search activities

I. Operational search activities are implementation by the relevant state bodies by public and secret methods of the measures established by this Law.

II. Operational search activities are performed for the purpose of protection of life, health, human rights and freedoms, legitimate interests of legal entities, the state secret, and also homeland security against criminal encroachments.

III. Treat tasks of operational search activities:

1) suppression of the preparing and made crimes;

2) identification and disclosure of the committed crimes;

3) establishment of the persons who are preparing, committing or committed crimes;

4) search of persons disappearing from the judicial, investigating authorities and bodies of inquiry evading from serving sentence or missing persons;

5) identification of unknown corpses.

Article 2. Legislation on operational search activities

I. The legislation on operational search activities consists of the Constitution of the Azerbaijan Republic, this Law, other regulatory legal acts of the Azerbaijan Republic, and also international treaties supported by the Azerbaijan Republic.

II. The bodies performing operational search activities (further - subjects of operational search activities), within the powers according to the legislation of the Azerbaijan Republic adopt the regulatory legal acts regulating the organization and tactics of operational search measures.

Article 3. Principles of operational search activities

I. Operational search activities are based on the principles of legality, humanity, respect of human rights and freedoms, conspiracy, combinations of public and secret methods of work.

II. Nationality of this or that person, his nationality, floor, residence, social and property status, official position, belonging to public associations, the relation to religion and political views cannot interfere with implementation of operational search measures if the legislation of the Azerbaijan Republic does not provide other case.

Article 4. Guarantees of rights and freedoms of man and citizen

I. Due to the implementation of operational search activities:

1) prosecution is more whole or accomplishment of tasks, not the stipulated in Article 1 this Law;

2) distribution without the consent of this or that person of data concerning immunity of his life, including the mystery of private and family life, and also his honor and advantage, is forbidden.

II. Violation during operational search activities of the rights and freedoms of man and citizen provided by the Constitution of the Azerbaijan Republic, legitimate interests of legal entities is forbidden. The temporary restriction of rights and freedoms of man and citizen in connection with application of operational search measures can be allowed only in the procedure established by this Law in case of control of offenses, their disclosure, search of persons disappearing from the judicial, investigating authorities or bodies of inquiry evading from serving sentence, missing persons.

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