LAW OF TURKMENISTAN

of November 8, 2014 No. 136-V

About operational search activities

This Law determines tasks, the principles and procedure for operational search activities, regulates the legal relationship arising during its implementation and installs system of guarantees of legality when conducting investigation and search operations.

Chapter I. General provisions

Article 1. Operational search activities

Operational search activities are the public and secret activities performed within powers by operational divisions of the state bodies authorized on it by this Law (further – the body performing operational search activities), by means of conducting investigation and search operations for the purpose of protection of life, health, the rights and freedoms, legitimate interests of man and citizen, property, safety of society and the state against criminal encroachments, and also against the intelligence and other activities of similar nature of special services of foreign states, the organizations and individuals directed to infringement of homeland security of Turkmenistan.

Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) poll of persons – collection of the actual information necessary for the solution of tasks of operational search activities, according to the interviewed person who has or can have it;

2) targeting of references – receipt of the actual information necessary for the solution of tasks of operational search activities, from the operational and other sources having or able to have information which is of interest;

3) detection, secret fixing and withdrawal of traces of illegal acts, their comparative research – identification and extraction from the address of the material objects which kept on themselves traces of crime or persons who made it or been the crime execution tool, or result of criminal activities, and fixing in the forms of their characteristic signs and properties established by the law;

4) special technical means – devices, devices, the equipment having special functions, the software and design features for getting and documentation of information during conducting investigation and search operations;

5) test purchase – artificially created situation of the imaginary deal in which with the consent of the body performing operational search activities and under its control goods, values, and also other objects without consumption purpose are acquired or is sold in the presence of information on crime;

6) controlled delivery – method of receipt of information on signs of criminal activities by the body performing operational search activities by establishment of shipping control, purchase, sale, movement of goods, values, and also other objects which free turnover is prohibited or limited and it is equal behind movement of the objects got in the criminal way or which kept on itself traces of crime or tools and means of crime execution;

7) research of documents and objects – studying of objects and documents for the purpose of identification of traces and tools of crime execution or results of criminal activities;

8) observation – visual and other perception and fixing of actions and events, the phenomena of tasks of operational search activities, significant for the decision;

9) identification of the personality – establishment and identification of the identity of the checked face based on unchangeable signs of the person;

10) operational penetration – secret penetration, inspection and survey of residential and other rooms, buildings, constructions, sites of the area, transport and other technical means for the purpose of possible detection of signs of criminal activities, and also the events or actions (failure to act) leading to violation of national interests of Turkmenistan, creation of threat of homeland security;

11) control of mailings, cable and other messages – viewing and acquaintance with contents of letters, telegrams, radiogramms, parcels post, sending and other post and cable departures for the purpose of detection of data on criminal activities and receipts of other information for the benefit of the solution of tasks of operational search activities;

12) secret listening and record of talk – secret control of speech information for the benefit of the solution of tasks of operational search activities with use video, audio equipment or other technical means intended for these activities and fixing of its content on the material carrier;

13) listening and record of negotiations with use of phone or other intercom – secret listening and fixing in the form of sound recording on electronic and other media of the acoustic information transferred on networks of telephone communication and other intercoms when negotiating for the solution of tasks of operational search activities;

14) receipt of information on connections between subscribers and (or) subscriber devices – withdrawal of information on the entering and outgoing calls (connections) of the subscriber, and also other data from the database of telecom operators;

15) removal of information from technical communication channels, computer systems and other technical means – secret removal by special technical means of information transferred on the networks of electric communication, computer networks, databases, telecommunication and information systems intended for collection, processing, accumulating, storage, search and distribution of information;

16) search of devices of illegal removal of information – search for the purpose of identification of the technical means and other devices established for removal of information in defiance of regulations of this Law or other illegal ways and methods.

17) operational implementation – secret implementation in criminal forming of the employee of the body performing operational search activities or person involved from its consent in preparation and conducting investigation and search operations with preserving at his desire of confidentiality of cooperation with the body performing operational search activities (further – person cooperating on confidential basis), for the solution of tasks of operational search activities;

18) operational search action – separate public or secret action of the body performing operational search activities for the solution of tasks of operational search activities;

19) case of operational accounting – the isolated production which is conducted the body performing operational search activities;

20) quick search in communication networks – secret actions for detection of signs of unlawful activity in information transferred on communication network;

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