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15.06.2012

Presidential Decree on “heightening measures against terrorism”

   

Judging by the following President’s Decree and Decision of the National Defence and Security Council Ukraine’s leaders may be planning measures against what they call extremism, radicalism etc, similar to those already seen in Russiahttp://www.president.gov.ua/ru/documents/14822.html

Presidential Decree № 388/2012

On the National Defence and Security Council Decision from 25 May 2012 “On measures to heighten the fight against terrorism in Ukraine.

In accordance with Article 107 of Ukraine’s Constitution, I decree:

  1. That the National Defence and Security Council Decision from 25 May 2012 “On measures to heighten the fight against terrorism in Ukraine” shall be brought into effect.
  2. That the Secretary of the National Defence and Security Council shall be in charge of ensuring the implementation of this Decree.
  3. This Decree comes into force from the day it is published

President Viktor Yanukovych

8 June 2012

Decision of the National Defence and Security Council from 25 May 2012

 “On measures to heighten the fight against terrorism in Ukraine”

Having analyzed the domestic political situation in Ukraine the National Defence and Security Council notes that a heightened threat of terrorism has in recent times become an extremely serious problem in Ukraine.

The main reasons for terrorism are radicalism; extremism; politicization of issues concerning inter-ethnic, ethno-faith relations; the spread of public intolerance and confrontation, particularly with respect to socio-political relations; as well as the negative impact of international terrorist and religious-extremist organizations.

Radically disposed forces are attempting to use difficulties linked with the accumulation of many unresolved social problems for their narrow corporate aims.

Displays of a terrorist nature cause considerable harm to the life and health of citizens and render ineffectual the efforts of the country’s leadership aimed at modernizing society,

In view of this a vital aspect of State policy lies in drawing up effective measures aimed at prevention of terrorism. This includes improving the normative legal base for countering terrorism; heightening coordination and cooperation between the law enforcement agencies and other state bodies, as well as information support for anti-terrorist measures.

In order to ensure public peace and stability in the country, prevention of unlawful displays connected with terrorist activities, the National Defence and Security Council has decided (to instruct):

The Cabinet of Ministers:

1) to take measures in accordance with established procedure on making amendments to the Code of Administrative Proceedings; the Laws on Fighting Terrorism; On the Security Service of Ukraine for setting out the procedure for finding organizations terrorist, their dissolution and the confiscation of property belonging to these organizations; amendments to the Criminal Code increasing liability for knowingly false reports about a threat to citizens, destruction or damage to property and ensure accompaniment in the Verkhovna Rada of the relevant draft laws.

2)  to draw up according to established procedure and table for the Verkhovna Rada’s consideration:

a) within two weeks draft laws on amendments to the Law on Investigative Operations on giving departments carrying out investigative operations additional powers on using special technical means for preventing crimes linked with terrorist activities; the Law on Contact with Industrial Purpose Explosive Materials in order to prevent their unlawful sale and use;

b) draft laws:

on countering extremism’

on private detective investigative activities;

on heightening liability for the unlawful preparation, conversion or repair of weapons, ammunition, explosive substances, explosive devices and their component parts;

on Ukraine’s cybernetic security

3) draw up and adopt by 1 August 2012 a State Programme for installing contemporary security systems, the use of means of external monitoring (surveillance) and swift response.

4) by 31 August 2012

a) to prepare and submit in accordance with established procedure a Concept Framework for Fighting Terrorism for the President’s consideration;

b) to draw up and implement comprehensive measures of an organizational, information and explanatory nature regarding:

thorough coverage of measures aimed at implementing State policy on fighting terrorism and informing the population about anti-terrorism work;

Increasing the public’s legal awareness in order to promote tolerant relations, prevent violence and reduce social tension in society;

heightening monitoring of observance of legislation banning the circulation of material calling for violent change; the overthrow of the constitutional order; seizure of State control;  encroachments on Ukraine’s territorial integrity and inviolability; incitement  to ethnic, racial or religious enmity, hatred; calling for terrorist acts, actions which jeopardize public order, as well as material which propagandizes racial, ethnic or religious intolerance, discrimination.

The Security Service

1 to activate work on timely prevention, identification, discovery and investigation of crimes linked with terrorist activities; to increase effectiveness of investigative operations for prevention and uncovering of such crimes; uncovering and removing the reasons and conditions which give rise to them; ensure specialized training of operational and investigative divisions which investigate crimes of this category.

2) together with other law enforcement agencies to take additional measures for prevention of terrorist acts, displays of radicalism and extremism during the final part of the European Euro 2012 Football Championship in Ukraine;

3)  together with other law enforcement agencies and the State Statistics Service  to draw up and ensure adoption in accordance with established procedure of a single form of statistical reporting on countering terrorism and the results of the work of those designated by law as being involved in fighting terrorism, and the procedure for drawing up such reports.

The Interior Ministry

1) to draw up and implement  by 1 August 2012 a programme for improving training of the relevant Interior Ministry divisions which can be use when carrying out anti-terrorist operations.

2)  to activate work on timely solving and investigation of crimes linked knowingly providing false information regard a danger to citizens’ safety; destruction or damaging of property, and also additionally study the criminal cases regarding unsolved crimes; take measures to have those responsible identified and prosecuted.

4)  The Administration of the State Service of Special Communications and Protection of Information, together with the Security Service should draw up a draft Programme for protection State information resources from unlawful interference in their activities and to submit these in accordance with established procedure for the approval of the Cabinet of Ministers.

5  The Foreign Intelligence Service to activate work on timely identification and prevention of the spread of terrorism on Ukraine’s territory from outside.

6  The Administration of the State Border Guard Service should ensure intensified work on countering illegal immigration, particularly in regions where terrorist bands are active.

7  The Foreign Affairs Ministry should start the issue and prepare proposals regarding Ukraine’s joining the Cooperation Agreement of the CIS on fighting terrorism.

8  Suggest that the Prosecutor General intensify supervision of observance of laws during investigative operations, detective inquiry and pre-trial investigations of cases involving crimes linked with terrorist activities.

9.  The Secretary of the National Defence and Security Council should ensure comprehensive study and monitoring of the activities of the authorities with regard to fighting terrorism. 

Head of the National Defence and Security Council, V. Yanukovych

The Secretary of the National Defence and Security Council A. Klyuev

 

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