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Chapter I. General Clauses


Section 1. Definition, Goals And Objectives Of The Detective-Search Activity

I. Detective-search activity is the implementation of latent and overt measures set forth in this ACT by the appropriate public authority.
II. Detective-search activity shall be implemented for the purpose of protection of life, health, rights and freedoms of human, interests of legal persons, state and military secrets, as well as the national security from criminal encroachments.
III. The objectives of detective-search activity are as follows:
1) Prevention of crimes committed and crimes pending preparation;
2) Detection of committed crimes;
3) Identification of persons, who prepared, committed or are pending commission of crimes;
4) Search of persons concealing themselves from court, investigation and inquiry authority, and evading from execution of punishment, as well as missing persons;
5) Identification of unknown human bodies.

Section 2. Legislation on detective-search activity

I. Legislation on detective-search activity shall comprise the Constitution of the Republic of Azerbaijan, this ACT, other legislation instruments of the Republic of Azerbaijan, as well as international treaties, to which the Republic of Azerbaijan is party to.
II. The bodies implementing the detective-search activity (hereafter, referred to as the Agents of the Detective-Search Activity), within the scope of their competence, shall be entitled to issue statutory instruments in relation to the organization and tactics of the detective-search activity according to the legislation of the Republic of Azerbaijan.

Section 3. Principles Of The Detective-Search Activity

I. Detective-search activity shall be based on the principles of lawfulness, humanism, respect for human rights and freedoms, conspiracy and the concordance of latent and overt methods of work.
II. Unless otherwise provided by the legislation of the Republic of Azerbaijan, the citizenship, nationality, sex, residence, social and labor status, official position, membership in civil associations, religion and political view shall not be a barrier for implementation of the detective-search activity.

Section 4. Guarantees for human and civil rights and freedoms

I. In connection with the implementation of detective-search activity it is prohibited to:
1) Pursue goals or fulfill the responsibilities other than those envisaged in the Section 1;
2) Infringe privacy of one’s personal life, including dissemination information on confidential personal and family issues, as well as on one’s honor and dignity without one’s consent.
II. It is prohibited to violate human and civic rights and freedoms envisaged in the Constitution of the Republic of Azerbaijan and interests of legal entities. The temporary restriction of human and civic rights and freedoms in the course of implementation of detective-search activity is allowed only in accordance with the provision of this ACT in case of prevention and disclosure of crimes, search of those secreting from court, investigation and investigating authorities, escaping sentencing and missing.
III. It is prohibited for the Agents of the Detective-Search Activity to act in favor of any of the political parties or any public organization, as well as latent participation in the work of legislative or judicial authorities, as well as public unions and religious organizations registered in accordance with the provision of ACT for the purpose of influencing their operation.
IV. Any person, whose rights and freedoms have been violated as a result of the actions of the Agents of the Detective-Search Activity, shall be entitled to complain to the head of the authority higher to the appropriate Agents of the Detective-Search Activity in hierarchy, prosecutor or court.
V. For the purpose of making decision against the substance of the complaint the internal control or judicial review shall be undertaken in accordance with the provision of the legislation of the Republic of Azerbaijan. In order to ensure the completeness and comprehensiveness of the decision, the Agents of the Detective-Search Activity, based on the decision of the court, shall be bound to make available to the complainant the content of the detective-registration work, except for state, military and professional secrets, as well as information on persons latently facilitating the conduction of detective-search activity.

Section 5. The Agents of the Detective-Search Activity

I. The inquiry authorities as set forth in the criminal procedural legislation of the Republic of Azerbaijan implement the detective-search activity.
II. The appropriate executive body of the Republic of Azerbaijan shall determine the inquiry agency to carry out the detective-search measures and the volume entrusted with it.
III. Persons commissioned by the inquiry bodies shall be entitled to carry out their responsibilities only within the scope of authorities of these bodies.
IV. Examination of mail correspondence, telegraph and other information; taping of telephone conversations by means of connecting to the transmitting equipment of private and legal persons, departments, entities and organizations providing communication infrastructure, delivering communication services regardless of the forms of ownership; and retrieval of information from technical channels and other technical means shall be implemented by the appropriate executive body of the Republic of Azerbaijan.

Section 6. Responsibilities of the Agents of the Detective-Search Activity

Agents of the Detective-Search Activity shall have the following responsibilities for the purpose of achieving the goals set forth in the Section 1 of this ACT:
1) to implement all the actions within the scope of own authorities to ensure the protection of human and civil rights and responsibilities, legitimate interests of private and legal persons, public and state security;
2) to execute decisions of judicial and investigation authorities pertaining to the implementation of the detective search measures or written instructions within the framework of the criminal case, as well as, to carry out decisions of the authorized Agents of the Detective-Search Activity;
3) to provide information obtained as a result of the detective-search activity, without disclosure of its source and modes of obtaining it, to the person conducting inquiry or investigation or to the court;
4) to respond to the requests by the foreign law-enforcement and appropriate international organizations within the framework of the international treaties, to which the Republic of Azerbaijan if party to;
5to undertake all necessary measures in order to bring the information about the fact which is relevant to the territorial jurisdiction of another Agent of the Detective-Search Activity on the territory of the Republic of Azerbaijan and render the necessary assistance;
6) to undertake appropriate actions to ensure conspiracy in the course of implementation of detective-search activity;
7) to check the persons who have access to confidential information or matters requiring special permission due to the position that s/he occupies;
8) to protect own staff and their close relatives, persons facilitating the detective-search activity and their close relatives, as well as the participants of the criminal process and their close relatives and their property from illegal encroachments;
9) to ensure the confidentiality and anonymity of cooperation with any person;
10) to maintain the register of events, facts, objects and information sources.

Section 7. Rights Of The Agents Of The Detective-Search Activity

Agents of the Detective-Search Activity shall have the following rights in the course of implementation of direct responsibilities:
1) to carry out detective-search measures in latent and overt way, as set forth in the Section 10 of this ACT;
2) to cooperate with persons willing to facilitate the Agents Of The Detective-Search Activity, subject to the confidentiality, with or without consideration;
3) to develop and operate information system in support of the detective-search activity;
4) to use dwelling and non-dwelling premises and rooms, as well as, vehicles and other property of private and legal persons on the basis of written contract or oral agreement;
5) set up a fake department, enterprise or organization in the form of a legal persons for the purpose of maintaining conspiracy and to this end to use documents veiling the identity of commissioned by the Agents of the Detective-Search Activity, true ownership of departments, organizations, buildings and transport utilized, as well as, the identity of citizens cooperating with these bodies subject to maintaining their confidentiality.

Section 8. Scope Of Authorities Of The Agents Of The Detective-Search Activity

I. Agents of the Detective-Search Activity shall be prohibited, in the course of implementation of their responsibilities:
1) to allow actions putting at risk the lives, health, property and lawful interests of persons;
2) to provoke anybody to commit the breach of law;
3) to use violence, threats and black mail, as well as, any other method restricting the rights and freedoms of human and citizens and their lawful interests protected by law;
4) to carry out measures outside the scope of their responsibilities.

Section 9. Rendering Assistance To Agents Of Detective-Search Activity

I. The officials of the state and local self-government authorities of the Republic of Azerbaijan shall be bound render assistance to the Agents of Detective-Search Activity.
II. Any person on the territory of the Republic of Azerbaijan may render assistance to the Agents of the Detective-Search Activity in the implementation of its responsibilities. Nobody shall be forced to participate in the detective-search activity.
III. Failure to comply with the legal demands of the officers of the Agents of the Detective-Search Activity and well as hindering their work shall be subject to liability provided the legislation of the Republic of Azerbaijan.