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LAW OF THE AZERBAIJAN REPUBLIC

of December 30, 2023 No. 1087-VIQD

About introduction of amendments to the Criminal Code of the Azerbaijan Republic, the Code of the Azerbaijan Republic about administrative offenses, the laws of the Azerbaijan Republic "About approval of the Charter of internal service of Armed Forces of the Azerbaijan Republic" and "About information, informatizations and information security"

Millie Majlis of the Azerbaijan Republic, being guided by Items 17, 18 and 20 parts I of article 94 of the Constitution of the Azerbaijan Republic, decides:

Article 1. Make the following changes in the Criminal code of the Azerbaijan Republic (Collection of Legal acts of the Azerbaijan Republic, 2000, No. 4 (the Book II), Articles 251, No. 5, Articles 323, No. 12, Article 835; 2001, No. 1, Article 24, No. 7, Article 455, 2002, No. 1, Article 9, No. 5, Articles 236, 248, 258, No. 6, Article 326, No. 8, Article 465, 2003, No. 6, Articles 276, 279, No. 8, Articles 424, 425, No. 12 (book I), Article 676, 2004, No. 1, Article 10, No. 4, Article 200, No. 5, Article 321, No. 8, Article 598, No. 10, Article 762, No. 11, Article 900, 2005, No. 1, Article 3, No. 6, Article 462, No. 7, Article 575, No. 10, Article 904, No. 11, Article 994, 2006, No. 2, Articles 71, 72, 75, No. 5, Article 390, No. 12, Articles 1008, 1020, 1028, 2007, No. 2, Article 68, No. 5, Article 398, No. 6, Articles 560, 562, 579, No. 8, Article 757, No. 10, Articles 937, 941, No. 11, Articles 1049, 1080, 1090, No. 12, Article 1221, 2008, No. 6, Articles 454, 461, No. 7, Article 602, No. 10, Article 884, No. 12, Articles 1047, 1049, 2009, No. 5, Article 315, No. 7, Article 517, No. 12, Article 953, 2010, No. 2, Article 70, No. 3, Articles 171, 178, No. 4, Articles 275, 276, No. 7, Article 591; 2011, No. 4, Article 253, No. 6, Article 472, No. 7, Articles 587, 601, 621, No. 11, Article 980, No. 12, Article 1093; 2012, No. 2, Article 45, No. 3, Articles 193, 196, No. 7, Articles 666, 669, 673, No. 11, Article 1068, No. 12, Article 1223; 2013, No. 1, Article 14, No. 2, Article 102, No. 4, Article 364, No. 5, Articles 459, 479, 481, No. 6, Articles 594, 600, No. 11, Articles 1264, 1286, 1312, No. 12, Article 1492; 2014, No. 2, Articles 89, 95, No. 4, Article 327, No. 6, Articles 618, 622; 2015, No. 4, Articles 339, 359, 368, No. 5, Articles 504, 508, 510, No. 6, Articles 678, 690, 692, No. 11, Articles 1253, 1268, 1289, 1298, No. 11. 12, Articles 1437, 1445; 2016, No. 4, Articles 634, 636, 638, 653, No. 5, Article 845, No. 6, Articles 993, 1001, No. 12, Articles 1983, 1999, 2008, 2019, 2038, 2048; 2017, No. 2, Article 161, No. 3, Article 330, No. 5, Articles 694, 697, 700, 702, 733, No. 7, Articles 1268, 1271, 1293, No. 11, Articles 1968, 1978, No. 12 (I book), Article 2231; 2018, No. 3, Article 403, No. 5, Article 861, No. 6, article 1154, No. 7 (Book I), Article 1441, No. 10, Article 1972, No. 11, article 2213, No. 10. 12 (book I), Article 2472; 2019, No. 4, Article 586, No. 7, Article 1201, No. 8, Article 1367; 2020, No. 3, Article 223, No. 5, Article 518, No. 7, Article 832, No. 8, Article 1010, No. 11, Articles 1332, 1333; 2021, No. 6 (book I), Art. 541, No. 8, Art. 894, No. 12, Art. 1336; 2022, No. 5, Articles 434, 437, No. 7, Article 703, No. 8, Articles 821, 828, No. 12, Articles 1363, 1373; 2023, No. 1, Article 39, No. 2, Article 207, No. 4, Article 445, No. 6, Article 755; The Laws of the Azerbaijan Republic No. 1023-VIQD of November 21, 2023 and No. 1048-VIQD of December 5):

1.1. Add with Articles 281-1 and 284-2 of the following content:

"Article 281-1. Demonstration, distribution, production, acquisition, storage, transportation or carrying the attributes or symbols directed to partition of territorial integrity of the Azerbaijan Republic.

281-1.1. Demonstration or distribution of attributes or symbols, or production, acquisition, storage, transportation or the address for the purpose of the demonstration or distribution directed to partition of territorial integrity of the Azerbaijan Republic -

it is punished by restriction of freedom for a period of up to five years or imprisonment for the same term.

281-1.2. Acts, the stipulated in Article 281-1.1 of this Code made by group of persons or organized gang by previous concert -

are punished by imprisonment for a period of five up to eight years.

281-1.3. Acts, the stipulated in Article 281-1.1 of this Code made by request of the foreign organizations and their representatives -

are punished by imprisonment for a period of seven up to twelve years.";

"Article 284-2. Distribution of information on movement or accommodation of staff, military weapon, ammunition or military equipment of Armed Forces of the Azerbaijan Republic.

284-2.1. The distribution of information on movement or accommodation of staff, military weapon, ammunition or military equipment of Armed Forces of the Azerbaijan Republic made in wartime or in combat conditions, without signs of the acts provided by Articles 274, 276 or 284 of this Code –

are punished by imprisonment for a period of three up to six years.

284-2.2. These acts if led to heavy effects -

are punished by imprisonment for a period of five up to eight years.

Note: Article 284-2 of this Code does not extend to distribution cases to data of the public state bodies (organizations) of data on movement or dislocation of staff, military weapon, ammunition or military equipment of Armed Forces of the Azerbaijan Republic.";

1.2. In paragraphs 1 and 3 of part the word "heads" to replace "Note" of Article 328 with the word of "Code".

Article 2. To the code of the Azerbaijan Republic about administrative offenses (Collection of the legislation of the Azerbaijan Republic, 2016, No. 2 (the Book I), Article 202, No. 3, Articles 397, 403, 429, No. 4, Articles 631, 647, 654, No. 5, Articles 835, 846, No. 6, Articles 997, 1010, No. 7, Articles 1247, 1249, No. 10, Article 1608, No. 11, Articles 1769, 1774, 1781, 1783, 1786, 1788, No. 12, Articles 1984, 2000, 2009, 2024, 2049, 2017, No. 1, Article 21, No. 2, Articles 139, 147, 152, 162, No. 3. Articles 331, 344, No. 5, Articles 698, 701, 734, 749, 754, No. 6, Articles 1020, 1033, 1036, No. 7, Articles 1273, 1296, 1297, 1299, No. 11, Articles 1964, 1966, 1969, 1979, No. 12 (book I), Article 2214, 2217, 2220, 2233, 2237, 2240, 2253, 2256, 2266, 2018, No. 1, Article 19, No. 2, Article 160, 162, 163, No. 3, Articles 383, 401, 404, No. 4, Article 646, No. 5, Articles 857, 860, 862, 876, 883, No. 6, Articles 1153, 1188, No. 7 (book I), Article 1435, 1437, 1438, No. 10, Article 1963, No. 11, Articles 2188, 2191, 2214, 2217, 2231, No. 12 (book I), Items 2473, 2475, 2499, 2507, 2512, 2522; 2019, No. 1, Articles 4, 6, 15, 18, 23, 44, No. 3, Articles 374, 389, No. 4, Articles 579, 581, 587, 595, No. 5, Articles 791, 800, 803, 804, 813, No. 6, Articles 992, 998, 1007, No. 7, Article 1193, No. 8, Articles 1364, 1367, 1368, 1381, 1383, No. 11, Articles 1682, 1686, 1696, No. 12, Articles 1883, 1900; 2020, No. 3, Article 222, No. 5, Articles 505, 515, 519, No. 6, Articles 670, 672, 681, No. 7, Articles 838, 841, 846, 854, No. 8, Article 1008, 1011, No. 9, Article 1138, No. 11, Articles 1332, 1333, 1336, No. 12 (book I), Article 1432, 1440; 2021, No. 4, Article 306, No. 5, article 428, No. 6 (Book I), Articles 535, 541, 546, 560, No. 7, Articles 701, 705, 711, No. 8, Article 894, No. 11, Article 1208, No. 12, Articles 1306, 1334; 2022, No. 1, Article 2, No. 2, Article 89, No. 4, Article 293, No. 5, Article 435, No. 7, Articles 694, 699, 703, No. 8, Articles 822, 825, 828, No. 11, Article 1236, No. 12, Articles 1364, 1399; 2023, No. 1, Articles 17, 20, 32, 39, No. 2, Articles 149, 201, 204, No. 4, Article 466, No. 6, Articles 743, 754, No. 7, Articles 905, 907, No. 8 (I book), Articles 1096, 1122, 1128; No. 1008-VIQD and of December No. 1048-VIQD) 5 to add the laws of the Azerbaijan Republic of October 24, 2023 with Article 614-1 of the following content:

"Article 614-1. Distribution of information on movement or accommodation of staff, military weapon, ammunition or military equipment of Armed Forces of the Azerbaijan Republic.

For distribution by the military personnel or persons liable for call-up called on collection of data on movement or accommodation of staff, military weapon, ammunition or military equipment of Armed Forces of the Azerbaijan Republic in mass media, including in information resource the Internet or information and telecommunication network. -

administrative detention for a period of ten days up to one month is imposed.

Note:

1. Article 614-1 of this Code does not extend to distribution cases to the public state bodies (organizations) of data on movement or accommodation of staff, military weapon, ammunition or military equipment of Armed Forces of the Azerbaijan Republic.

2. Article 614-1 of this Code is applied if the act provided by this Article does not attract criminal liability under the relevant articles of the Criminal Code of the Azerbaijan Republic".

Article 3. In Article 2 of "Rules of internal service of the Armed Forces of the Azerbaijan Republic" approved by the Law of the Azerbaijan Republic of September 23, 1994 No. 887 (Sheets of the Supreme Council of the Azerbaijan Republic, 1995, No. 22, Article 364; Collection of the Legislation of the Azerbaijan Republic, 2004, No. 364). 5, Article 312, No. 6, Article 415, 2007, No. 8, Article 754, 2008, No. 8, Article 709, 2010, No. 4, Article 274, No. 12, Article 1056, 2011, No. 2, Article 71, 2016, No. 1, Article 9, 2018, No. 1, Article 9, No. 10, Article 1967, 2021, No. 6 (Book I), Article 544, No. 7, Article 699; No. 5, Article 433) the word "shall store" shall be replaced with words 2022, "shall store, not spread the information on movement or accommodation of staff, military weapon, ammunition or military equipment of Armed Forces of the Azerbaijan Republic (except information which is brought to the attention of the public by state bodies (organizations)").

Article 4. The law of the Azerbaijan Republic "About information, informatization and information security" (Collection of the Legislation of the Azerbaijan Republic, 1998, No. 6, Article 364; 2005, No. 6, Article 466; 2006, No. 6, Article 466). 12, Article 1005, 2007, No. 10, Article 938, 2011, No. 3, Article 162, 2012, No. 11, Article 1051, 2017, No. 3, Article 345, 2019, No. 12, Article 1881; 2020, No. 3, Article 225, No. 6, Article 671, 2021, No. 12, Article 1345, 2022, No. 7, Article 693, 2023, No. 4, Article 448, No. 5, Article 626) to add with Article 13-2.3.3-1 of the following content:

"13-2.3.3-1. Except for information on movement or accommodation of staff, military weapon, ammunition or military equipment of Armed Forces of the Azerbaijan Republic (except for information which is brought to the attention of the public by state bodies (organizations);".

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