Ukrainian Law Blog: The Law of Ukraine "On the Fight against Terrorism"

Law on the Fight Against Terrorism

638-IV of 20.03.2003; (Bulletin of the Verkhovna Rada of Ukraine (BVR), 2003, No. 25, p. 180)

This Law, with the aims of protecting persons, the state and society from terrorism, seeking to reveal and eliminate the causes and conditions generating it,determines the legal and organisational bases of the fight against this dangerous phenomenon, the powers and duties of executive organs, associations of citizens and organisations, officials and individual citizens in this field, the procedure to coordinate their activities, guarantees of legal and social protection of citizens participating in the fight against terrorism.

Provisions of this Law cannot be applied as the basis for the prosecution of citizens who, operating within the limits of the law, have their constitutional rights and freedom protected.

PART I. GENERAL PROVISIONS

Article 1. Definition of basic terms

In this Law the terms given below shall have the following meaning:

Terrorism is an act dangerous to the public which consists of conscious, purposeful use of violence by reprisal, arson, murder, torture, intimidation of the population and government organs or encroachment on the life or health of innocent people or threat to commit criminal acts with the purpose of the achievement of criminal purposes;

Act of terrorism is a criminal action in the form of the use of weapons,

explosion, arson or other activities for which liability is envisaged by Article 258 of the Criminal Code of Ukraine. In case the terrorist activity is accompanied by the commitment of crimes envisaged by Articles 112, 147, 258-260, 443, 444, as well as by other Articles of the Criminal Code of Ukraine, the liability for theircommitment arises in accordance to the Criminal code of Ukraine;

Technological terrorism are terrorist acts committed with the use of nuclear, chemical, bacteriological (biological) and other weapons of mass destruction or its components, other substances harmful to the health of people, means of electromagnetic action, computer systems and communication networks, including the capture, lay-up and destruction of potentially dangerous installations which directly or indirectly pose a threat or threaten the occurrence of threat to then emergency owing to theseactivities and pose a threat to the personnel, the population and the environment, and create conditions for accidents and technogenic catastrophes;

Terrorist activities cover the:

● Planning, organisation, preparation and implementation of acts of terrorism;

● Instigation to commit acts of terrorism, violence towards physical persons or organisations, destruction of material installations with a terrorist purpose;

● Organisation of unlawful armed formations, criminal groupings (criminal organisations), organized criminal groups for the commitment of acts of terrorism, aswell as participation in such acts;

● recruiting, arming, training and use of terrorists;

● Propagation and distribution of terrorist ideology;

●Financingofexistingterroristgroups(organisations)orotherassistancetothem;

International terrorism is carried out globally or regionally by terrorist organisations, groupings, including with the support of state organs of individual states, with the purpose of the achievement of publicly dangerous violent acts connected with the abduction, capture, murder of innocent people or threat of their life and health, destruction or threat of destruction of important economic installations, life-support systems, communications systems, application or threat to the application ofnuclear, chemical, biological and other weapon of mass destruction;

Terrorist is a person participating in a terrorist activity;

Terrorist group is a group of two and more persons who have united with the purpose of committing acts of terrorism;

Terrorist organisation is a stable association of three and more persons created with the purpose of the fulfilment of terrorist activity in which the distribution of functions has been set out, the rules of behaviour are obligatory for these persons during training and when the acts of terrorism are carried out. The organisation is recognized as a terrorist organisation if even one of its departments carries out terrorist activity with the knowledge of even one of the chiefs (governing body) of all the organisation;

Fight against terrorism are the activities to prevent, reveal, suppress, and minimize the consequences of terrorist activity;

Antiterrorist operation is the complex of the coordinated special measures directed toward the prevention, aversion and suppression of the criminal activitiescommitted with a terrorist purpose, liberation of hostages, neutralization of terrorists, minimization of consequences acts of terrorism or other crimes committed with a terrorist purpose;

The area in which the antiterrorist operation is carried out is defined by the governing body of the antiterrorist operation as the land or water areas, vehicles, buildings, organisations, premises and territories or the water adjacent to them and within the limits of which the specified operation is conducted;

A special regime can be introduced in the region where the antiterrorist operation is carried out for the duration of the operation and provides, to the subjects conducting the fight against terrorism, special powers determined by this Law necessary for the liberation of hostages, security and health of citizens who are in the region where the antiterrorist operation is carried out, normal operation of state power organs, local self-government organs, enterprises, establishments, organisations;

The hostage is the physical person taken and held with the purpose of forcing a state organ, enterprise, establishment, organisation or individual person to takecertain action or to refrain from certain action as the condition for the liberation of the hostage.

Article 2. Legal bases for the fight against terrorism

Legal basis for fight against terrorism is the Constitution of Ukraine, the Criminal code of Ukraine, this Law, other laws of Ukraine, European convention on fight against terrorism (1977), the International convention on fight against bombing terrorism (1997), the International convention on fight against terrorist financing (1999), other international treaties of Ukraine agreed to be binding by the Verkhovna Rada of Ukraine, decrees of the President of Ukraine, decisions and orders of the Cabinetof Ministers of Ukraine, as well as other normative-legal acts adopted in pursuance of the laws of Ukraine.

Article 3. Main principles of fight against terrorism

Fight against terrorism is based on the principles of:

● Legality and steady observance of human and civil rights and freedoms;

● Complex use of legal, political, social and economic information and propaganda and other opportunities; priority of anticipatory measures toward that end;

● Inevitability of punishment for participation in terrorist activity;

● Priority to protect the life and rights of the persons endangered by the terrorist activity;

● Combination of overt and covert methods to fight against terrorism;

● Nondisclosure of data on the techniques and tactics of carrying out antiterrorist operations, as well as on the number of participants;

● Unity of command of the forces and means involved in carrying out antiterrorist operations;

● Cooperation in the fight against terrorism with foreign states, their law enforcement organs and special services, as well as with the international organisations fighting terrorism.

PART II. ORGANISATIONAL BASES OF FIGHT AGAINST TERRORISM

Article 4. Subjects of fight against terrorism

The organisation of the fight against terrorism in Ukraine and its provision with necessary forces, means and resources are brought about by the Cabinet ofMinisters of Ukraine within the limits of its competence.

The Central Executives take part in the fight against terrorism within the limits of their competence determined by laws and on the basis of other normative-legalacts.

The subjects directly carrying out the fight against terrorism within the limits of their competence are:

● The Security Service of Ukraine being the principal organ in the national system

of the fight against terrorist activity;

● The Ministry of Internal Affairs of Ukraine;

● The Ministry of Defence of Ukraine;

● The Ministry of Ukraine on issues of emergencies and protection of the population from the consequences of the Chernobyl accident;

● The state committee dealing with the protection of the border of Ukraine;

● The state department of Ukraine dealing with the implementation of punishments;

● The State Guard Administration of Ukraine.

● The following are also involved in the implementation of activities connected with the prevention, disclosure and suppression of terrorist activity:

● The Ministry of Foreign Affairs of Ukraine;

● The Ministry of Health of Ukraine;

● The Ministry of fuel and power systems of Ukraine;

● The Ministry of industrial policy of Ukraine;

● The Ministry of transport of Ukraine;

● The Ministry of Finance of Ukraine;

● The Ministry of ecology and natural resources of Ukraine;

● The Ministry of agrarian policy of Ukraine;

● The state customs service of Ukraine;

● The state tax administration of Ukraine.

In case of the reorganisation or renaming of the Central Executives listed in this Article, their function in the fight against terrorism can be passed on to theirsuccessors

if it is envisaged by the relevant decree of the President of Ukraine.

Other central and local executive organs, local self-government organs, enterprises, institutions, organisations irrespective of subordination and forms of ownership, their officials, and citizens by approbation can also be involved in antiterrorist operations upon the decision of the governing body of the antiterrorist operation with observance of the requirements of this Law.

Coordination of the activity of the subjects involved in fight against terrorism is carried out by the Antiterrorist Centre attached to the Security Service of Ukraine.

Article 5. The Authority of the subjects directly carrying out the fight against terrorism

The Security Service of Ukraine fights against terrorism by carrying out investigative activities directed toward the prevention, disclosure and suppression of terrorist activity, including international activity; collects information on the activity of foreign and international terrorist organisations; conducts, within the limits of its authority determined by present legislation, exclusively with the purpose of receiving anticipated information in case of the threat of commitment of the acts of terrorismor at carrying out of antiterrorist operation, conducting the detective-technical search activities on systems and channels of telecommunications which can be used byterrorists; provides, through the Antiterrorist Centre attached to the Security Service of Ukraine, the organisation and carrying out of antiterrorist activities, coordinationof the activity of subjects engaged in the fight against terrorism according to their competence defined by the legislation of Ukraine; carries out pre-judicial inquiry ofcases of the crimes connected with terrorist activity; ensures security against terrorist attacks on Ukrainian establishments, their employees and members of their families abroad.

The Ministry of Internal Affairs of Ukraine carries out the fight against terrorism by preventing, revealing and suppressing crimes committed with a terrorist purpose, the investigation which is conducted according to the legislation of Ukraine by the competent law-enforcement organs; gives to the Antiterrorist Centre attached to the Security Service of Ukraine the necessary forces and means; ensures their effective use at carrying out antiterrorist operations.

The Ministry of Defence of Ukraine, military management organs, bodies of troops, military units of the Armed Forces of Ukraine provide protection against terrorist attacks on installations of the Armed Forces of Ukraine, weapons of mass destruction, missile and small arms, ammunition, explosive and poison gases whichare in military units or are stored in certain places; organize training and deployment of forces and means of the Land Forces, Air Forces and Air Defence Troops, theNavy of the Armed Forces of Ukraine in case of the commitment of acts of terrorism in air space, in the territorial waters of Ukraine; take part in antiterrorist operations on military installations and in case of terrorist threats to security of the state outside the limits of Ukraine.

The Ministry of Ukraine on issues of emergencies and protection of the population from consequences of the Chernobyl accident, the management organs subordinated to it on the issues of civil defence and specialized formations, and troops of civil defence take measures to protect the population and territories in case ofthreat and occurrence of emergencies connected with technological terrorist acts and other kinds of terrorist activity; take part in activities to minimize and alleviate the consequences of such situations by carrying out antiterrorist operations, as well as carrying out educational and practically-educational activities with the purpose of training the population how to respond in case an act of terrorism is committed.

The state committee in issues of protection of the border of Ukraine, regional management organs and organs of the state border protection of the Border troopsof Ukraine carry out fight against terrorism by the prevention, disclosure and suppression of attempts of terrorists to cross the border of Ukraine, unlawful transferacross the border of Ukraine of weapons, explosives, poisoning, radioactive substances and other subjects which can be used to commit terrorist acts; ensure the security of sea navigation within the limits of territorial waters and exclusive (sea) economic area of Ukraine at carrying out antiterrorist operations; give to the AntiterroristCentre attached to the Security Service of Ukraine the necessary forces and means to carry out antiterrorist operations at check points in the border of Ukraine and otherinstallations arranged on border or in the frontier.

The state department of Ukraine on issues of implementation of punishments carries out measures on the prevention and suppression of terrorist acts against penitentiary installations.

The State Guard Administration of Ukraine participates in operations on the suppression of terrorist acts directed against officials and installations which are protected by its subordinates.

Article 6. Powers of other subjects involved in the fight against terrorism

The subjects involved in the fight against terrorism, within the limits of their competence, carry out measures to prevent, reveal and suppress acts of terrorismand terrorist crimes; develop and carry out precautionary, regime, organisational, educational and other measures; provide the conditions to carry out antiterrorist operations on installations belonging to the sphere of their management; give to the relevant departments carrying out such operations material and financial resources, automobiles and contacts, medical equipment and medicines, other means, as well as the information necessary for the fight against terrorism.

Article 7. The Antiterrorist Centre attached to the Security Service of Ukraine

The Antiterrorist Centre attached to the Security Service of Ukraine is entrusted with the tasks of:

● Development of conceptual bases and programmes of fight against terrorism, recommendations directed toward the increase of efficiency of measures to revealand eliminate the causes and conditions contributing to the commitment of acts of terrorism and other crimes committed with a terrorist purpose;

● Collection - in accordance with the established procedure - generalization, analysis and estimation of information on the condition and tendencies of the spread of terrorism in Ukraine and abroad;

● Organisation and carrying out of antiterrorist operations and coordination of the activity of subjects combating terrorism or involved in concrete antiterrorist operations;

● Organisation and carrying out of command-staff and tactics-special periodical trainings and trainings;

● Participation in the drafting of international treaties, development and presentation in accordance with the established procedure of the proposals on updatingof the legislation of Ukraine in the field of the fight against terrorism, financing of antiterrorist operations, implementation of measures on the prevention, disclosure and suppression of terrorist activity;

● Interaction with special services, law enforcement organs of foreign states and international organisations on issues of the fight against terrorism.

The Antiterrorist Centre attached to the Security Service of Ukraine consists of the Interdepartmental coordination commission and operational staff, as well as coordination groups and their operational staff attached to regional organs of the Security Service of Ukraine.

The composition of the Interdepartmental coordination commission of the Antiterrorist Centre attached to the Security Service of Ukraine includes the chief of the Antiterrorist Centre and his assistants; assistants to the state secretaries of the Ministry of Internal Affairs of Ukraine, the Ministry of Ukraine on issues ofemergencies and protection of the population from consequences of Chernobyl accident; the deputy chief of the General Staff of the Armed Forces of Ukraine; assistantsto chiefs of the state committee in issues of protection of the border of Ukraine, the State Guard Administration of Ukraine, the state department of Ukraine on issues ofadministration of the punishment; the assistant to the State secretary of the Ministry of Internal Affairs of Ukraine - the Head of the Central administrative board of theMinistry of Internal Affairs of Ukraine in the city of Kyiv; the commander of Internal troops of the Ministry of Internal Affairs of Ukraine; the Head of department of theSecurity Service of Ukraine in the city of Kiev, the vice-head of the Kiev city state administration; assistants to heads of other Central Executives.

The regulation on the Antiterrorist Centre attached to the Security Service of Ukraine and the composition of the Interdepartmental coordination commission are approved by the President of Ukraine upon submission of the Cabinet of Ministers of Ukraine. The chief of the Antiterrorist Centre attached to the Security Service of Ukraine is appointed by the President of Ukraine.

Current work on the accomplishment of the tasks assigned to the Antiterrorist Centre attached to the Security Service of Ukraine is organized by its operational staff.

The composition of the coordination groups attached to the regional organs of the Security Service of Ukraine includes the chiefs of regional organs of theSecurity Service of Ukraine, the Central administrative board of the Ministry of Internal Affairs of Ukraine in the Autonomous Republic of Crimea, centraladministrative boards (boards) of the Ministry of Internal Affairs of Ukraine in regions (oblasts), the cities of Kiev and Sevastopol, the relevant organs on emergencies and civil defence of the population of the Autonomous Republic of Crimea, regional, Kiev, Sevastopol city state administrations, in regions where departments of Border troops of Ukraine are deployed, the State Guard Administration - their commanders, chiefs, as well as representatives of other local executive organs, enterprises, institutions, organisations.

Coordination groups attached to the regional organs of the Security Service of Ukraine are headed accordingly by the Chief of the Central administrative boardof the Security Service of Ukraine in the Autonomous Republic of Crimea, the chief of department of the Security Service of Ukraine in the region (oblast), the cities ofKiev and Sevastopol.

The composition of coordination groups attached to the regional organs of the Security Service of Ukraine is approved accordingly by the Council of Ministersof the Autonomous Republic of Crimea, the head of the regional state administration, the head of the executive organ of the Kiev or Sevastopol city council.

The organisation of the work of the coordination groups is carried out by the regional organs of the Security Service of Ukraine.

The Antiterrorist Centre attached to the Security Service of Ukraine is supported by means envisaged by a separate budget line in the State Budget of Ukraine.

Article 8. Interaction of the subjects directly carrying out the fight against terrorism

Subjects who, according to this Law, directly carry out the fight against terrorism are obliged:

1) to cooperate with the purpose of the suppression of criminal activity of the persons involved in terrorism, including international terrorism, and the financing, support or commitment of acts of terrorism and terrorist crimes;

2) to carry out information exchange on issues of:

a) Capture or threat of capture by terrorist groups (terrorist organisations) of weapons, explosives, other means of mass destruction;

b) Crossing of the Ukrainian border by its citizens, foreigners and persons without citizenship seeking to commit acts of terrorism;

c) Long-distance and international travel documents revealed by passengers which appear fake;

d) Use or threat of use by terrorists, terrorist groups or terrorist organisations of communication facilities and communication technologies.

3) to promote the maintenance of the effective border control, control over the issuance of identification and travel documents with the purpose of the prevention oftheir falsification or unlawful use;

4) to prevent activities or movement of terrorists, terrorist groups or terrorist organisations, as well as persons suspected of the commitment of acts of terrorism or participation in international terrorist groups or organisations;

5) to stop attempts by foreigners, of which there is data that they participate in international terrorist groups or organisations, to transit across the territory ofUkraine.

Article 9. Assistance to the organs carrying out the fight against terrorism

State power organs of Ukraine, local self-government organs, associations of citizens, organisations, their officials are obliged to assist the organs carrying out the fight against terrorism, to report data which becomes known to them on terrorist activity or any other circumstances which can assist the prevention, disclosure andsuppression of terrorist activity, as well as the minimization of its consequences.

PART III. CARRYING OUT AN ANTITERRORIST OPERATION

Article 10. Conditions of carrying out of an antiterrorist operation

An antiterrorist operation is conducted only in the presence of a real threat to the life and security of citizens, interests of society or the state and only whenelimination of this threat by other ways is impossible.

Article 11. Decision on carrying out an antiterrorist operation

The decision to accept to carry out an antiterrorist operation is contingent on the degree of public danger of the terrorist act by the chief of the Antiterrorist Centre attached to the Security Service of Ukraine upon the written approval of the Head of the Security Service of Ukraine or by the chief of the coordination group of the relevant regional organ of the Security Service of Ukraine under the written approval of the chief of the Antiterrorist Centre attached to the Security Service of Ukraine, coordinated with the Head of the Security Service of Ukraine. The President is immediately informed on the decision to carry out an antiterrorist operation in Ukraine. Antiterrorist operation is conducted by the Antiterrorist Centre attached to the Security Service of Ukraine in case:

● The act of terrorism threatens the death of many people or results in other serious consequences or if it is committed simultaneously in the territory of severalregions, districts or cities;

● The situation connected with the commitment or the threat to commit the act of terrorism is uncertain on issues of the reasons and circumstances of its occurrence and further development;

● Commitment of the acts of terrorism infringes on the international interests of Ukraine and its relationships with foreign states;

● Reaction to the commitment of acts bearing signs of terrorism belongs to the competence of different law-enforcement and other executive organs;

● It is obvious that law-enforcement forces and local executive organs of an individual region are unable to prevent or suppress the act of terrorism.

In cases where the antiterrorist operation is conducted with the consent of the chief of the Antiterrorist Centre attached to the Security Service of Ukraineindependent of the coordination group of the relevant regional organ of the Security Service of Ukraine or executive authority according to their competence.

Article 12. Management of an antiterrorist operation

For the direct management of a concrete antiterrorist operation and management of forces and means involved in the implementation of antiterrorist measures, the operative staff headed by the chief of the Antiterrorist Centre attached to the Security Service of Ukraine (coordination group of the relevant regional organ of theSecurity Service of Ukraine) or by the person replacing him/her is formed.

The procedure of activity of the operative staff on the management of an antiterrorist operation is determined on the basis of the relevant Regulations which are approved by the Cabinet of Ministers of Ukraine.

The chief of the operational staff determines the scope of the antiterrorist operation, takes the decision on the use of forces and means involved in carrying it out, and in case of the need for bases envisaged by the law, submits for the consideration of the National Security and Defence Council of Ukraine proposals on theintroduction of a state of emergency in Ukraine or in particular areas.

Interference with the operative management of an antiterrorist operation by any persons irrespective of their post is forbidden.

The legal requirements of participants of an antiterrorist operation are obligatory for citizens and officials.

Article 13. Forces and means involved in carrying out antiterrorist operation

During the carrying out of antiterrorist operation the forces and means (staff, experts, weapons, special means and vehicles, communication facilities, othermaterial means) for the fight against terrorism, as well as the enterprises, institutions, organisations involved in the participation in the antiterrorist operation in accordance with the procedure determined according to the Regulations specified in Article 12 of this Law are used. Reimbursement of costs and damage in connection with the antiterrorist operation is brought about according to the legislation.

Employees of law enforcement organs, military men and other persons involved in the antiterrorist operation, for the period of the operation, are subordinate to the chief of the operational staff.

Article 14. Regime in the region of the antiterrorist operation

In the region where the antiterrorist operation is carried out, for the duration of the operation, a special procedure can be established, in particular a patrolsecurity group can be organized and the surroundings are set.

Persons who are not involved in the antiterrorist operation can stay in the region where the antiterrorist operation is carried out if it is allowed by the chief the operational staff.

With the consent of the management of enterprises, institutions and organisations located in the region where the antiterrorist operation is carried out, their work can be stopped partially or completely during the duration of the antiterrorist operation. The relevant experts of these enterprises, institutions and organisations, during theantiterrorist operation, can, in accordance with the established procedure, by their consent, be involved in the fulfilment of separate tasks.

Article 15. Rights of persons in the region where an antiterrorist operation is carried out

In the region where an antiterrorist operation is carried out, the officials involved in the operation have the right:

1) to use according to the legislation of Ukraine weapons and special means;

2) to detain and deliver to law-enforcement organs persons who committed offences or other activities which interfere with the fulfilment of the legitimate requirements of the persons involved in the antiterrorist operation, or activities connected with the unauthorized attempt to penetrate into the region where the antiterrorist operation is carried out and obstruction to it;

3) to check citizens and officials’ identification documents and at the absence of documents - to detain them for identification;

4) in the region where the antiterrorist operation is carried out, to examine citizens, their belongings and their vehicles and things they are transporting;

5) to limit or forbid temporarily the movement of vehicles and pedestrians on streets and roads, to not permit the passing of vehicles, including vehicles of diplomatic representatives and consular establishments, and citizens on separate sites of the district and installations, to remove citizens from separate sites of thedistrict and installations, to tow vehicles;

6) to enter (to penetrate) into living and other quarters and ground areas belonging to citizens during the suppression of the act of terrorism and to capture persons suspected of committing such acts on the territory and premises of enterprises, institutions and organisations, to check vehicles if delay can create the real threat of the life or health of people;

7) to use the communication facilities and vehicles, including special one, belonging to citizens (by their consent), enterprises, institutions and organisations, except for vehicles of diplomatic, consular and other representative offices of foreign states and international organisations, for the prevention of acts of terrorism, prosecution and detention of the persons suspected of the commitment of these acts, or for taking persons requiring urgent medical aid to medical establishments, as well as for travelling to the crime scene.

In the are where the antiterrorist operation is carried out, contacts with representatives of the mass media are carried out by the chief of the operational staff or bythe persons determined by him. The measures envisaged by this Article are brought about with observance of the current legislation and stop immediately after the end of the antiterrorist operation.

Article 16. Conditions of negotiating with terrorists

During the antiterrorist operation, in order to save peoples’ lives and health and material assets, dissuading terrorists from committing unlawful acts, restrainingthem, finding ways to suppress the act of terrorism, and negotiating them is permitted.

Negotiating is entrusted to persons empowered to do so by the chief of the operational staff.

In case the negotiations with terrorists fail to dissuade them from the act of terrorism and a real threat to the life and health of people remains, the chief of the antiterrorist operation has the right to take the decision on the neutralization of the terrorist (terrorists).

In case of an obvious threat posed by an imminent act of terrorism and the impossibility of the elimination of this threat by other lawful ways, the terrorist (terrorists) can be neutralized by instructions of the chief of the operational staff without warning.

During negotiations, the granting to terrorists of persons, subjects and substances which can be directly used to commit technological terrorism cannot be considered as a condition for the termination of the act of terrorism.

Article 17. Informing the public on an act of terrorism

Informing the public on the commitment of the act of terrorism is carried out by the chief of the operational staff or by the persons authorized by him tomaintain public relations.

It is forbidden to give, through the mass media or through a different way, information which:

● Discloses special techniques and tactics of carrying out an antiterrorist operation;

● Can complicate the carrying out of the antiterrorist operation and (or) threaten the life and health of hostages and other people who remain in the area where the specified operation is carried out or those outside of the area;

● Has for its objective the propagation or justification of terrorism, contains pronouncements of persons which resist or call for the resistance of the antiterrorist operation;

● Contains data about subjects and substances which can be directly used for the commitment of the act of technological terrorism;

● Discloses data about the personnel composition of employees of special departments and members of the operational staff which are participating in the antiterrorist operation, as wellas about the persons assisting in the specified operation (without their consent).

Article 18. End of an antiterrorist operation

An antiterrorist operation is considered completed if the act of terrorism is suppressed and the threat to the life and health of hostages and other people in its region has ended.

The decision on the termination of the antiterrorist operation is taken by the chief of the operational staff managing the operation.

In carrying out the antiterrorist operation, the chief of the operational staff together with the relevant executive organs and local self-government organs organizes the provision of assistance to victims, determines measures on the elimination and minimization of consequences of the act of terrorism, and organizes their implementation.

PART IV. REPARATION OF THE DAMAGES CAUSED BY THE ACT OF TERRORISM. SOCIAL REHABILITATION OF THE PERSONS WHO HAVE SUFFERED FROM THE ACT OF TERRORISM

Article 19. Reparation of the damages caused by the act of terrorism

Reparation of the damages caused to citizens by the act of terrorism is provided by the State Budget of Ukraine according to the law, and the sum of this reparation is collected from the persons who caused the damage in accordance with the procedure, established by law.

Reparation of the damages caused to organisations, enterprises or establishments by the act of terrorism is conducted in accordance with the procedure determined by law.

Article 20. Social rehabilitation of the persons who have suffered from the terrorist act

Social rehabilitation of the persons who have suffered from the act of terrorism is conducted with the purpose of returning them to normal life. Psychological,medical, professional rehabilitation, legal aid, housing is given to the specified persons if necessary, as well as employment assistance.

Social rehabilitation of the persons who have suffered from the act of terrorism, as well as the persons specified in Article 21 of this Law, are financed by the State

Budget of Ukraine.

The procedure of carrying out the social rehabilitation of the persons who have suffered from the act of terrorism is determined by the Cabinet of Ministers ofUkraine.

PART V. LEGAL AND SOCIAL PROTECTION OF THE PERSONS PARTICIPATING IN THE FIGHT AGAINST TERRORISM

Article 21. Persons subject to legal and social protection

The persons participating in the fight against terrorism are under protection of the state. The following are subject to legal and social protection:

1) military men, employees and officials of central and local executive organs taking (having taken) direct participation in antiterrorist operations;

2) persons who assist on a continuing or temporary basis organs carrying out the fight against terrorism through the prevention, revealing, suppression of terroristactivity and minimization of its consequences;

3) family members of the persons specified in items 1 and 2 of this part if a need to ensure their protection is caused by the participation of the specified personsin the fight against terrorism.

Social protection of the persons involved in fight against terrorism is carried out in accordance with the procedure determined by law.

If a person who participated in fight against terrorism is killed during the antiterrorist operation, the members of his/her family and the persons dependent onhim/her for support are paid an extraordinary grant amounting to twenty living wages at the expense of the State Budget of Ukraine; they are refunded on the burial ofthe victim, the bread-winner loss pension is granted, and privileges which the victim had on reception of housing, payment of housing-and-municipal services, etc. arekept.

In case the person who participated in the fight against terrorism became invalid owing to a mutilation inflicted during the antiterrorist operation, an extraordinarygrant amounting to ten living wages is paid to this person at the expense of the State Budget of Ukraine and the pension according to the legislation of Ukraine isgranted.

In case the person who participated in the fight against terrorism during the antiterrorist operation received a wound which has not entailed invalidity, an extraordinary grant amounting to five living wages is paid.

Article 22. Damage liability reprieve

If during the antiterrorist operation involuntary damage is caused to the life, health and property of terrorists, the military men and other persons who participated in the antiterrorist operation are exempted from damage liability according to laws of Ukraine.

PART VI. LIABILITY FOR PARTICIPATION IN TERRORIST ACTIVITY

Article 23. Liability of persons guilty of terrorist activity

Criminal proceedings in accordance with the procedure envisaged with the law shall be instituted against the persons guilty of terrorist activity.

Disobedience or resistance to the regulatory requirements made by the military men, officials taking part in the antiterrorist operation, unlawful intervention in their lawful activity entails liability envisaged by the law.

Article 24. Liability of the organisation for committing the terrorist activity

The organisation responsible for the commitment of the acts of terrorism and declared terrorist upon decision by court is subject to liquidation and its property subject to confiscation.

In case the court of Ukraine, including according to its international legal obligations, finds the activities of an organisation (its division, branch, representation) registered outside Ukraine to consist of terrorist activities, the terrorist activity of this organisation in the territory of Ukraine is forbidden, its Ukrainian division (branch, representation) on the basis of the court decision is liquidated, and its property in the territory of Ukraine is confiscated.

Prosecution against the organisation for committing terrorist activity is brought about by the General Prosecutor of Ukraine, public prosecutors of theAutonomous Republic of Crimea, regions (oblasts), cities of Kiev and Sevastopol according to the procedure established by the law.

Article 25. Liability for assistance to terrorist activity

Heads and officials of enterprises, institutions and organisations, as well as citizens who assisted terrorist activity, in particular:

1) financed terrorists, terrorist groups (terrorist organisations);

2) gave or collected means, directly or indirectly, with the intention of their use for the commitment of terrorist acts or terrorist crimes;

3) conducted operations with means and other funds of:

a)Physical persons who committed or tried to commit acts of terrorism or terrorist crimes or took part in their commitment or assisted their commitment;

b) Legal persons whose property is directly or indirectly belonging to or under control of terrorists or persons assisting terrorism;

c) Legal and physical persons who act on behalf of or on the instructions of terrorists or persons assisting terrorism, including the means received with the use ofproperty directly or indirectly pertaining to or under the control of persons assisting terrorism or the legal physical persons connected with them;

4) provided with funds, other financial or economic resources, relevant services directly or indirectly for the use in the interests of physical persons committing terrorist acts, assisting them or taking part in their commitment, or else in the interests of legal persons whose property pertains to or is under control of terrorists orpersons assisting terrorism, as well as the legal and physical persons acting on behalf of or on the instructions of the specified persons;

5) assisted persons who took part in the commitment of the acts of terrorism;

6) recruited physical persons for terrorist activity, assisted the establishment of channels of delivery of weapons to terrorists and taking terrorists across the borderof Ukraine;

7) harboured persons who financed, planned, supported or committed acts of terrorism or terrorist crimes;

8) used the territory of Ukraine with the purpose of the preparation or commitment of the act of terrorism or terrorist crimes against other states or foreigners,are brought to account according to the law.

PART VII. INTERNATIONAL COOPERATION OF UKRAINE IN THE FIGHT AGAINST TERRORISM

Article 26. Bases for international cooperation in the fight against terrorism

Ukraine, according to the international treaties concluded by it, cooperates in the fight against terrorism with foreign states, their law enforcement organs andspecial services, as well as with international organisations engaged in the fight against international terrorism.

Guided by the interests of ensuring the security of the person, society and state, Ukraine prosecutes in its territory persons involved in terrorist activity, including in cases when the acts of terrorism or terrorist crimes were planned or committed outside Ukraine but caused damage to Ukraine, and in other cases envisaged by the international treaties of Ukraine, agreed to be binding by the Verkhovna Rada of Ukraine.

Article 27. Granting information

Ukraine gives information on issues pertaining to the fight against international terrorism to foreign state if the inquiry observes the requirements of thelegislation of Ukraine and its international legal obligations. Such information can be given without preliminary inquiry of the foreign state if this does not harm thepre-judicial inquiry or court examination and can help the competent organs of the foreign state with the suppression of terrorist acts.

Article 28. Participation in joint activities with foreign states in the fight against terrorism

Ukraine, according to the international treaties agreed to be binding by the Verkhovna Rada of Ukraine, can take part in joint antiterrorist activities by assisting the foreign state or intergovernmental organisations in the redeployment of troops (forces), special antiterrorist formations, transportation of weapons or by granting itsforces and means with the observance of the requirements of the laws of Ukraine “On the procedure of sending the departments of the Armed Forces of Ukraine to otherstates” and “On the procedure of admittance and conditions of stay of the departments of the Armed Forces of other states in the territory of Ukraine”.

Article 29. Extradition of persons who participated in terrorist activity

The participation of foreigners or persons without citizenship, who do not reside permanently in Ukraine, in terrorist activity can form the basis for theextradition of such persons to another state for prosecution against them.

Extradition of the persons specified in Part 1 of this Article with the purpose of instituting criminal liability against them and execution of compulsory acts of aforeign state is carried out according to the legislation and obligations assumed by Ukraine in connection with the ratification of the European Convention on Extradition ofOffenders (1957), the European Convention on Fight against Terrorism (1977) and other international treaties agreed to be binding by the Verkhovna Rada of Ukraine, as wellas on the basis of reciprocity.

PART VIII. THE CONTROL AND LEGAL SUPERVISION OF THE FIGHT AGAINST TERRORISM

Article 30. Control over fight against terrorism

Control over observance of legislation to carry out the fight against terrorism is carried out by the Verkhovna Rada of Ukraine in accordance with the procedure defined bythe Constitution of Ukraine.

Control over the activity of subjects of the fight against terrorism is carried out by the President of Ukraine and the Cabinet of Ministers of Ukraine in accordancewith the procedure defined by the Constitution and the laws of Ukraine.

Article 31. Legal supervision of antiterrorist activities

Supervision of observance of the requirements of the legislation by the organs participating in antiterrorist activities is carried out by the General Prosecutor ofUkraine and the public prosecutors authorized by him/her in accordance with the procedure defined by the laws of Ukraine.

PART IX. FINAL PROVISIONS