Law of the Republic of Azerbaijan about Operative Search Activity
This Law governs the legal framework for operative search activity and determines the system of legal guarantees applicable during the operative search measures.
Chapter I. General provisions
Article 1. Definition, goals and objectives of the operative search activity
I. Operative search activity is the implementation of overt and covert measures set forth in this Law by the appropriate public authority.
II. The operative search activity is conducted in order to protect the lives, health, rights and liberties of people, legal interests of legal entities, state and military secrets, as well as the national security against criminal attacks.
III. The purposes of operative search activity are as follows:
1) prevention of prepared and committed crimes;
2) detection and disclosure of committed crimes;
3) identification of persons, who prepared, committed or are pending commission of crimes;
4) search for persons concealing themselves from court, investigation and inquiry authority, and escaping from serving penalties or reported missing;
5) identification of unknown human bodies.
Article 2. Legislation on operative search activity
I. Legislation on operative search activity shall comprise the Constitution of the Republic of Azerbaijan, this Law, 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 operative search activity (hereafter, referred to as the agents of the operative search activity), within the scope of their competence, shall be entitled to issue statutory instruments in relation to the organization and tactics of the operative search activity according to the legislation of the Republic of Azerbaijan.
Article 3. Principles of the operative search activity
I. The operative search activity is based on the principles of legality, humanism, respect for human rights and liberties, confidentiality and the coordination of overt and covert 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 operative search activity.
Article 4. Guarantees for human and civil rights and liberties
I. In connection with the implementation of operative search activity it is prohibited to:
1) pursue goals or fulfill the responsibilities other than those envisaged in the Article 1 of this Law;
2) infringe privacy of one’s personal life, including dissemination information on confidential personal and family issues, as well as on one’s honour and dignity without one’s consent.
II. It is prohibited to violate human and civic rights and liberties envisaged in the Constitution of the Republic of Azerbaijan and legal interests of legal entities. The temporary restriction of human and civic rights and liberties in the course of implementation of operative search activity is allowed only in accordance with the provision of this Law in case of prevention and disclosure of crimes, search of those concealing from court, investigation and investigating authorities, escaping sentencing and missing.
III. It is prohibited for the agents of the operative 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 the Law for the purpose of influencing their operation.
IV. Any person, whose rights and liberties have been violated as a result of the actions of the agents of the operative search activity, shall be entitled to complain to the head of the authority higher to the appropriate agents of the operative 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 operative 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 operative search activity.
Article 5. The agents of the operative search activity
I. Operative search activity is carried out by the inquiry authorities as set forth in the criminal procedural legislation of the Republic of Azerbaijan, and for crimes related to corruption — by the prosecutor's office specializing in the field of fighting corruption.
II. The appropriate executive body of the Republic of Azerbaijan shall determine the agent of the operative search activity to carry out the operative search measures and the volume entrusted with it.
III. Persons commissioned by the agents of the operative search activity 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 entities, 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 or by the prosecutor's office specializing in the field of fighting corruption.
V. Operative search measures for crimes related to corruption are carried out only by the prosecutor's office specializing in the field of fighting corruption or by the inquiry bodies on the basis of a written instruction of this prosecutor's office.
Article 6. Responsibilities of the agents of the operative search activity
Agents of the operative search activity shall have the following responsibilities for the purpose of achieving the goals set forth in the Article 1 of this Law:
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 entities, 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 operative search activity;
3) to provide information obtained as a result of the operative 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;
5) to 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 operative 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 operative search activity;
7) in accordance with the Law of the Republic of Azerbaijan "On State Secrets", to check persons who, by virtue of their official position, will be admitted to classified information or to matters requiring special authorization;
8) to protect own staff and their close relatives, persons facilitating the operative 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.
Article 7. Rights of the agents of the operative search activity
Agents of the operative search activity shall have the following rights in the course of implementation of direct responsibilities:
1) to carry out operative search measures in latent and overt way, as set forth in the Article 10 of this Law;
2) to cooperate with persons willing to facilitate the agents of the operative search activity, subject to the confidentiality, with or without consideration;
3) to develop and operate information system in support of the operative search activity;
4) to use dwelling and non-dwelling premises and rooms, as well as, vehicles and other property of private and legal entities on the basis of written contract or oral agreement;
5) set up a fake department, enterprise or organization in the form of a legal entities for the purpose of maintaining conspiracy and to this end to use documents veiling the identity of commissioned by the agents of the operative 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.
Article 8. Scope of authorities of the agents of the operative search activity
I. Agents of the operative 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 liberties of human and citizens and their lawful interests protected by law;
4) to carry out measures outside the scope of their responsibilities.
Article 9. Rendering assistance to agents of operative 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 operative search activity.
II. Any person on the territory of the Republic of Azerbaijan may render assistance to the agents of the operative search activity in the implementation of its responsibilities. Nobody shall be forced to participate in the operative search activity.
III. Failure to comply with the legal demands of the officers of the agents of the operative search activity and well as hindering their work shall be subject to liability provided the legislation of the Republic of Azerbaijan.
Chapter II. Implementation of operative search activity
Article 10. Operative search measures
I. Agents of the operative search activity shall be entitled to use the following operative search measures in order provided by the present Law.
1) questioning of people;
2) making inquiries;
3) tapping telephone conversations;
4) examination of postal, telegraphic and other correspondence;
5) retrieving of information from technical channels and other technical means;
6) checking the letters of convicts;
7) examination of transport vehicles;
8) entering and inspecting buildings, including dwelling premises, as well as other closed buildings, constructions sites and land plots;
9) monitoring buildings, including dwelling premises, as well as other closed building objects, constructions, land plots, transportation means and other objects;
10) shadowing people;
11) identification of persons;
12) controlled purchase of goods;
13) examination of objects and documents;
14) collection of samples for comparative analysis;
15) controlled delivery;
16) infiltration into criminal groups or marginal associations;
17) incorporation of a legal entity;
18) conducting investigatory experiments, i.e. application of model simulating the criminal behaviour.
II. The list of actions set forth in the part I of this Law shall be subject to changes only by the present Law.
III. The operative search measures provided for in paragraphs 3-5, 8, 9 (with respect to a dwelling using technical means or by installing sound recording, video, photo, film and other imaging devices) and paragraph 10 of part I of this article, except for the cases specified in Part IV of this article, are carried out on the basis of a court (judge) decision.
IV. Shall the grounds provided by the legislation of the Republic of Azerbaijan be present in the case, the agents of the operative search activity are entitled, without due authorization of judge, as follows:
1) to tap telephone conversations; examine postal, telegraphic and other mail correspondence, retrieve information from technical channels and other technical means; as well as to shadow people for the purpose of preventing of grave crimes against individual or especially dangerous crime against the State;
2) to examine buildings, including dwelling premises, as well as, other enclosed building objects, constructions and land plots for the purpose of detention of those who prepare, commit and have committed a crime, escaped from places of deprivation of liberty or detention facilities and conceals himself/herself, as well as, prevention of fire, explosions and encroachments against public order or posing potential risk of danger to public order.
V. In cases specified in the part III of this Article, the agents of operative search activity shall submit, within 48 hours, their substantiated decisions in written to the court that has the supervisory authority and the prosecutor in charge of procedural management of the pre-trial investigation.
VI. For the purpose of prevention of use of violence, acquiring something through intimidation or any illegal actions against someone, the agents of the operative search activity shall be entitled, in case of necessity, to undertake immediate actions in order to tap the telephone conversations of those persons and other communications subject to the written request of that person.
VII. Operative search measures indicated in paragraphs 16 and 17 of Part I of this Article, as well as the controlled supply of narcotic drugs, psychotropic substances and their precursors, shall be used for the purpose of prevention and disclosure of grave crimes organized or committed by organized criminal groups and especially dangerous crimes against the state, crimes related to the legalization of criminal proceeds of money or other property, the financing of terrorism, corruption and other crimes in economic field, as well as, identification of persons who organize, commit and have committed these crimes.
VIII. The present Law bans implementation of the operative search activity by unauthorized individuals and legal entities, as well as, use of technical means (that is, equipment, devices, installations, accessories and other technical means, specially created, developed, manufactured, programmed, improved in order to obtain information secretly within the scope of operative search activities) for latent retrieval of information.
IX. The technical means, envisaged for secretly obtaining information refer to objects (with limited civil circulation) that may belong to certain participants of civil circulation and are allowed into circulation on the basis of a special permit. Their production, sale, purchase, importation into the country and exportation from the country by individuals and legal entities not authorized for operative search activities may be carried out only on the basis of a special permit granted in the manner prescribed by law.
X. The appropriate executive body of the Republic of Azerbaijan shall define types of technical means, envisaged for secretly obtaining information.
Note: In Articles 10 and others of this Law, «dwelling» means the places provided for by article 7.0.34 of the Criminal Procedure Code of the Republic of Azerbaijan.
Article 11. Reasons and grounds for implementing operative search measures
I. The agents of the operative search activity shall have the reasons and grounds, as set forth in this Article, to conduct the operative search activity.
II. The reasons for operative search activity are as follows:
1) requests of private individuals;
2) requests of officials of enterprises, departments and organizations;
3) information, provided in mass media;
4) information obtained directly by the agents of operative search activity;
5) written inquiries of other agents of operative search activity;
6) written inquiries of supreme authorities of the Republic of Azerbaijan, as well as, bodies ensuring the security of special objects;
7) written instructions of persons executing inquiry or investigation;
8) official requests of foreign law-enforcement agencies or relevant international organizations;
9) written requests of subjects of intelligence and counterintelligence activities.
III. The grounds for implementing operative search measures are as follows:
1) decisions of court (judge);
2) decisions of investigation authorities;
3) decisions of the authorized agents of operative search activity.
IV. The decisions of courts (judges), investigation authorities or authorized agents of operative search activity shall be accepted only in following cases:
1) within the framework of existing of criminal case;
2) if it is mandatory to conduct a preliminary investigation before initiating a criminal case due to the presence of evidence of a crime;
3) in case of obtaining reliable information , which is received from unbiased and known source, to the effect that a particular person is preparing, committing or have committed a crime even without the framework of the existing criminal case;
4) in case of event infringing the national security and its defence capacity or prevention of this event;
5) in case of a person concealing himself from court, investigation or inquiry, evading execution of punishment or missing person;
6) in case of identification of unknown human body.
Article 12. Decisions, written instructions and inquiries related to implementation of operative search measures
I. Only the person drawing his/her authorities from the legislation of the Republic of Azerbaijan decision shall be entitled to give decisions, written instructions or official enquiries in respect of implementation of the operative search measures.
II. Decision, written instructions or official enquiries in respect of implementation of the operative search activity shall contain justification for conducting of the required measures.
III. Decisions in respect of implementation of operative search measures specified in Para 3-5, 8, 9 (in relation to housing using technical means or by installing sound recording, video, photo, film and other instruments for shooting) and 10 of Part I of Article 10 shall certainly contain the following information:
1) name, surname, patronymic and position of an official suggesting undertaking the appropriate measure;
2) name, surname, patronymic of a person or description of a facility, with regards to which the appropriate actions are proposed to be undertaken;
3) facts justifying the application of means and methods of intrusive nature;
4) justification of non-possibility of obtaining the information through other methods;
5) the term of application of means and methods of intervention character;
6) possible outcomes of the proposed actions.
Article 13. Conditions for implementation of operative search measures
I. Operative search measures in respect of confidentiality of information protected by legislation and transmitted by correspondence, telephone, post-telegraph and other means of communication and privacy of premises shall be allowed if there are sufficient grounds to believe that the measures carried out with a purpose of collecting information on the persons preparing for crime, attempting the commission of crime, committing crime, hiding themselves from court, investigation and inquiry bodies, evading punishment, as well as, of tracing stolen goods, of preventing concealment and destruction of evidence will produce information to serve as evidence in criminal proceedings and location of people at large.
II. Persons commissioned by the agents of the operative search activity to carry out operative search measures in respect of tapping and recording of telephone and other communication, extracting information from channels of technical communication and other technical means, screening of correspondence and searching of premises, including dwellings, enclosed buildings, buildings or land, shall possess warrant authorizing the measures and the identification documents.
III. The technical means, psychotropic, chemical and other substances capable of damaging human health and environment shall be banned from usage in the course of implementation of operative search measures with the purpose of obtaining information about the person who is believed to have committed a crime or to be preparing a crime, as well as his/her connections.
IV. In the course of implementation of the operative search measures, persons commissioned by the agents of the operative search activity shall be bound to adhere to the principle of proportionality of these measures to the degree of the danger posed by the targeted criminal encroachments to the interests of the state and public in terms of potential damage to be caused.
Article 14. Implementation of the operative search measures
I. Operative search measures shall be implemented under the supervision of the agents of the operative search activity.
II. In the course of implementation of the operative search measures, persons commissioned by the agents of the operative search activity shall be subordinated directly and immediately to their superiors. In case if the superior give an implicitly illegal order or commission, the commissioned person shall be governed by law and inform about this the higher authority in the hierarchy of the agent of the operative search activity. Shall a crime has been committed or is believed to be imminent in due course of implementation of the order or commission of the superior to the persons commissioned by the agents of the operative search activity, the higher authority in the hierarchy of the agent of the operative search activity or the court may be filed with a complaint.
III. Except for the persons explicitly authorized by Law, no one shall be entitled to interfere with the legal actions of the agents of the operative search activity and its officials.
IV. Information systems operating, video and audio recording, photographing, as well as, utilizing of technical means not capable of damaging life and health of citizens and environment shall be allowed for usage in the course of implementation of the operative search measures.
V. If the implementation of operative search measures is considered impossible on the objective grounds, it shall be terminated (in case of occurrence of an extraordinary event or due to hindrance caused by the force beyond control or occurrence of imminence danger).
VI. Operative search measures in progress shall be terminated in the following cases:
1. achievement of the goals provided by Article 1 of this Law;
2. lack of constituents of crime in the action of the targeted person.
VII. The actions of necessary self-defense or last resort, in the course of implementation of commission, by a person who is commissioned by the agents of the operative search activity to infiltrate criminal groups or marginal associations shall not be subject to criminal prosecution in order provided by the legislation of the Republic of Azerbaijan.
VIII. The organization and implementation of the operative search activity which constitute one of types of state secrets, as well as other information stipulated by the legislation in the field of operative search activities, shall be subject to the protection provided by the appropriate legislation.
IX. In the course of implementation of the operative search activity, all information pertaining to state, military or service secret; organization of operative search activity; source, methods and modes of detective information; as well as, private and family lives of citizens shall be classified.
X. Information about the persons to have secretly cooperated or to be in process of cooperation with the agents of the operative search activity can be disclosed only with the written consent of these persons in the manner and cases established by law.
Article 14-1. The application of operative search measures in counterintelligence activities
I. The application of operative search measures in counterintelligence activities is carried out in accordance with this Law, the Law of the Republic of Azerbaijan «On intelligence and counterintelligence activities» and the criminal procedure legislation of the Republic of Azerbaijan.
II. The reasons and grounds for the implementation of operative search measures in counterintelligence activities, the conditions for their use, control over application, the rules for issuing orders, giving written assignments and requests, as well as the use of the results of measures taken are governed by this Law and other legislative acts.
Article 14-2. Operative search activity in places of detention and penitentiary institutions
I. Operative search measures in places of detention and penitentiary institutions are applied in the manner established by this Law.
II. Operative search activity in places of detention and penitentiary institutions is carried out by the administration of detention and penitentiary institutions, respectively. The relevant executive power authorities carry out operative search activity, referred to their competence, together with the administration of detention or penitentiary institutions.
III. Supervision over the execution of laws in the implementation of operative search activities in places of detention and institutions for serving punishment shall be carried out by the prosecution authorities established by Article 20 of this Law.
Article 15. Records pertaining to operative search activity
I. Shall the operative search activity be carried out, an operative search registration case is instituted subject to the part III of Article 11 and agent of the operative search activity shall maintain the record of these cases.
II. Agent of the operative search activity shall institute only one operative search registration case in respect of similar illegal actions of persons to conceal themselves from court, investigation and inquiry bodies; to evade from execution of punishment in their regard, to be suspected of committing a crime and to be missing.
III. The results of the operative search activity shall be recorded in a systematical way in the operative search registration case.
IV. Operative search registration case shall be stored in the offices of the agent of the operative search activity.
V. Shall any consideration of justice goals not be present, the files pertaining to the record of operative search measures in respect of a person, whose guilt has not been proved in order provided by legislation, are to be stored for one year and upon the expiration of this term be eliminated.
Article 16. Use of the results of the operative search measures
I. Materials obtained as a result of operative search activity according to the present Law and submitted and examined in conformity with the requirements of the Criminal Procedure Code of the Republic of Azerbaijan shall be admitted as evidence in criminal proceedings.
II. Information obtained as a result of operative search measures, which is irrelevant for the purposes of these measures, shall be banned from disclosure and usage against the interests of private and legal entities.
III. Obtaining of information about a person by means of special equipment in am illegal manner and without due permission to use special means in the course of implementation of operative search measure shall entitle this person to renounce his/her testimony and appeal to court. In these circumstances, the court shall review the lawfulness of the operative search measure and decide whether the information in question has been obtained legally and whether it shall be considered invalid from legal point of view.
IV. Information obtained with violation of the requirements of this Law shall be destroyed immediately.
V. Information obtained as a result of the operative search activity, which affect private and family life, dignity and honor of a person but does not constitute an illegal action shall not be kept and must be destroyed.
VI. Obtained as a result of detective search activity, information on the undetected crime that is related to the safety of people and capable of hindering investigation shall be banned from disclosure.
VII. The investigator, prosecutor and court in the criminal case shall be entitled to acquaint with information on the commission of any crime obtained as a result of operative search activity, without disclosure of the source.
Chapter III. Final Provisions
Article 17. Legal and social protection of persons cooperating with the agents of operative search activity
I. Persons cooperating with the agents of operative search activity shall be protected by state.
II. Voluntary participation of persons in operative search measures shall be based on a contract.
III. Persons cooperating with the agents of operative search activity shall be entitled to receive a wage, bonuses and other maintenance.
IV. In case if the life, health or property of a person or his relatives comes under danger due to participation of the latter in operative search activity, the competent authorities shall take necessary measures to protect them and compensate sustained damage, as well as to bring those responsible to justice.
V. Pension coverage of persons cooperating with subjects of operative search activity is regulated by the Law of the Republic of Azerbaijan «On labor pensions».
VI. The family of a person who died or became disabled in the course of participation in the operative search activity shall receive a lump sum equal to one thousand and five hundred and fifty manats, respectively. The family of these persons shall also be entitled to pension subject to the legislation of the Republic of Azerbaijan.
VII. The term of performance of duties by the persons, cooperating with the agents of operative search activity, in connection with infiltration into criminal groups and marginal associations shall be counted as threefold for the purposes of calculating their work experience and payment of their wages.
VIII. If a member of the criminal group has rendered cooperation to the agent of the operative search activity in the detection of a crime and has constituents of a crime present in his actions; under the condition that his/her actions have not caused grave damage and s/he has provided compensation for the damage caused, s/he shall not be prosecuted in accordance with the legislation of the Republic of Azerbaijan.
Article 18. Logistical and financial support for the agents of the operative search activity
I. Agents of the operative search activity shall be provided with sufficient financial and logistic support in order to carry out operative search activity, operate, maintain and protect automated information systems according to the requirements of the present Law.
II. Financial and logistical support for the operative search activity shall be funded from the assets of the State Budget of the Republic of Azerbaijan, as well as other sources in cases provided by the legislation of the Republic of Azerbaijan. The appropriate executive body of the Republic of Azerbaijan shall formulate the rules and norms for spending of these assets.
III. The appropriate executive body of the Republic of Azerbaijan shall formulate the rules and norms for providing of logistical support for the agents of the operative search activity.
IV. Chiefs of the agents of the operative search activity shall supervise of spending of the financial assets allocated to these agents.
Article 19. Compliance with legislation in the course of implementation of the operative search activity
Chiefs of the agents of the operative search activity shall supervise of compliance with legislation in the course of organizing and implementing of the operative search activity and shall be held personally for defaults.
Article 19-1. Judicial supervision of the operative search activity
Judicial supervision of the operative search activity shall be carried out according to the Criminal Procedure Code of the Republic of Azerbaijan.
Article 20. Prosecutorial supervision of the operative search activity
I. The Prosecutor General of the Republic of Azerbaijan and the prosecutors commissioned by him/her shall carry out supervision of the compliance of the agents of the operative search activity with the legislation. Supervision over the implementation of laws in the conduct of operative search activities by the prosecutor's office specializing in the fight against corruption is carried out by the Prosecutor General of the Republic of Azerbaijan.
II. Chiefs of the agents of the operative search activity shall be bound to submit documents related to reasons and grounds for carrying operative search measures subject to the inquiries of the prosecutors in case of the latter receives materials, information and complaints of the citizens in respect of the violation of legislation in the course of implementation of the operative search measures, as well as examines Lawfulness of rules and orders related to the implementation of the operative search measures.
III. Except for the cases of commission of crime, information on persons infiltrated into criminal groups and marginal associations, extra-personnel and secret employees shall be disclosed to the subject of prosecutorial supervision only with the written permission of these persons in the order and cases established by the law.
IV. Information on the organization, tactics, methods and means of the operative search activity (with the exception of information in connection with the operative search measures of the prosecutor's office specializing in the field of fighting corruption) shall be subject of the prosecutorial supervision.
V. The Prosecutor General of the Republic of Azerbaijan and the prosecutors commissioned by him/her who supervise of the operative search activity shall maintain confidentiality of information contained in the documents submitted to them.
Article 21. Liability for breaching legislation during implementation of operative search activity
I. Organization and implementation of operative search activity without due consideration to objectives, grounds and conditions provided by the present Law, as well as, disclosure of information regarding this activity entrusted with them for official use shall be subject to criminal, administration and disciplinary liability subject to the legislation of the Republic of Azerbaijan.
II. Shall the human rights and liberties, interests of legal entities breached or the operative search activity be carried out in respect of person not connected with violation of Law, the agents of operative search activity are bound to restore violated rights and compensate for material and psychological damage.
III. Surveillance, video and photography, sound recording and other similar actions by representatives of the media and other persons made in relation to a person without her/his knowledge or contrary to his consent, except for the use of operative search activities by the subjects of operative search, provided for by this Law, become the cause of liability established by law.
Miscellaneous provisions
I. This Law shall become effective as of the date of its publication.
II. Authorities of judges with regard to the operative search activity as set forth in this Law will become effective after adoption of new criminal-procedural code and appointment of judges subject the Law of the Republic of Azerbaijan «On Court and Judges».
III. Before the authorities of judges in connection with implementation of the operative search measures become effective these authorities shall be carried out in accordance with the effective criminal-procedure legislation.
President of the Republic of Azerbaijan
Heydar ALIYEV
Baku city, October 28, 1999
No. 728-IQ
Published in "Azerbaijan" newspaper (November 17, 1999, No. 263).
Published in the «Collection of Laws of the Republic of Azerbaijan», 1999, No. 11, Article 612.
As amended on May 17, 2002, No. 324-IIQD; May 24, 2002, No. 333-IIQD; March 5, 2004, No. 598-IIQD; September 30, 2005, No. 1022-IIQD; December 23, 2005, No. 32-IIIQD; October 20, 2006, No. 171-IIIQD; October 20, 2006, No. 167-IIIQD; April 17, 2007, No. 313-IIIQD; April 1, 2008, No. 577-IIIQD; June 2, 2008, No. 618-IIIQD; February 12, 2010, No. 953-IIIQD; May 31, 2010, No. 1015-IIIQD; March 18, 2011, No. 95-IVQD; March 4, 2011, No. 77-IVQD; October 25, 2011, No. 214-IVQD; December 27, 2013, No. 871-IVQD; June 20, 2014, No. 986-IVQD; February 1, 2016, No. 121-VQD; September 30, 2016, No. 327-VQD; November 30, 2018, No. 1366-VQD.
Unofficial translation