The Code Pertaining To The Principles To Be Applied To The Explosives - 4536

[admin]

(UZ) CODE FOR EXPLOSIVES AND DUBIUOS SUBSTANCES


THE CODE PERTAINING TO THE PRINCIPLES TO BE APPLIED
TO THE EXPLOSIVES AND DUBIOUS SUBSTANCES THAT
ARE DETECTED ON THE SEAS AND ON LAND

The number of the code      : 4536
Date of passage         : 24.02.2000
The Official Gazette, in which
the code is published         : Date: 27.02.2000 Number: 23977
The collection            : Compilation 5,   Volume 39, page

SECTION ONE
The Purpose, Scope and Definitions

The Purpose
ARTICLE 1. – The purpose of this Code is to provide for and arrange the principles and procedures pertaining to the examination and rendering harmless of.explosives and dubious substances

The Scope:
ARTICLE 2. – This Code covers the explosives and all kinds of dubious substances that will be detected or secured on or at places that could affect our inland rivers and lakes, within our territorial waters, on the seas that are under our sovereignty and supervision according to the international law as well as the duties and responsibilities of the public and private institutions and the related and legal persons that will take part on these activities.
The Definitions
ARTICLE 3. – The following terms used in this Code have the following meanings:
a)The explosive: Covers all explosives used for the purpose of war, the guiding systems of weapons, the military equipment containing explosives, nuclear weapons and chemical substances, aircraft bombs, warheads, guided and ballistic missiles, hand grenades, rockets, ammunition for heavy weapons, mines, hand made explosives, torpedos, water bombs, pyrotechnic materials, interceptives and guides, electronic explosives and similar materials that will cause death and injury of persons and damage to the equipment and buildings by way of detonation,
b)The dubious substance: The substances, of which it will be presumed that they contain explosives, which create a threat for the environment or of which the nature is unknown.
c)Rendering harmless: The elimination of the threat created by an explosive or any dubious substance.




SECTION TWO
The substance detected on the seas, coasts and on land
The substance detected on sea
ARTICLE 4. – The ships, all kinds of sea and air vehicles moving on or at places that could affect our inland rivers and lakes, within our territorial waters, on the seas that are under our sovereignty and supervision according to the international law will notify immediately using the means of communication and if this is not possible as soon they arrive at a place where this is possible the closest units attached to the Navy Command Center or the Coast Guard Command or the other military units or the regional directorates or the Port Directorates of the Undersecretariat of Maritime Affairs or the administrative bodies, if there are no regional directorates or port directorates, of the location and the direction of the movement of the explosives as well as the necessary information such as the colour, form, quantity and the similar information on every kind of explosives and dubious substances they detect .
The institutions that are notified of the location, the probable direction of movement of the explosives and dubious substances will immediately notify the seamen, the naval units, the Office of Naval Traffic Hydrography and Oceanography. The security measures to be taken related to these places will immediately be determined and implemented by the military institutions.
The substances detected at our coasts
Article 5. – The persons, who detect or find the explosives or dubious substances at our coasts, will inform either personally or by means of communication the closest military unit or the administrative bodies if there are no military units in the vicinity. In the case that the administrative bodies other than the military institutions have been notified, the closest military unit will immediately be notified of the situation by the mentioned administrative body. The explosives and dubious substances that have been detected or found will be examined by the authorised teams of the Naval Command and will be rendered harmless.
The substances that are seen or detected on land throughout the country
ARTICLE 6. – The persons who have found or seen the explosives, dubious substances detected or seen on land throughout the country will immediately notify personally or by means of communication the closest administrative body. The explosives and dubious substances that have been notified will be examined by the teams of the Interior Ministry and rendered harmless.

SECTION THREE
The intervention, giving technical assistance and information
The Intervention
ARTICLE 7. – The authorised teams of the related commands will deal with the explosives and dubious substances found at the facilities belonging to the Land Forces, Naval and Airforce Command and on the grounds and the shooting fields under the responsibility of the same commands.
The authorised teams of the related command will deal with the explosives and dubious substances found at the facilities belonging to the General Command of Gendarmerie and on the grounds and the shooting fields under the responsibility of the same commands.
The authorised teams of the General Directorate of Law Enforcement will deal with the explosives and dubious substances found at the facilities belonging to the General Directorate of Law Enforcement and on the grounds and the shooting fields under the responsibility of the same commands.
The necessary security measures for the preservation of the explosives and dubious substances in the form they were found will be taken by the military units and administrative bodies that were informed at first during the time until the authorised units have arrived to deal with the situation .

Technical Assistance
ARTICLE 8. – In the case that the need to obtain assistance arises as the activities for dealing with and rendering harmless the explosives and dubious substances are being carried out, the Land Forces, Navy and Air Force Commands, the Coast Guard Command, General Directorate of Law Enforcement and the other public bodies and institutions will cooperate to provide the vehicles, tools, documents, personnel and technical information.

Giving Information
ARTICLE 9. – The Headquarters of the General Staff will be informed as soon as possible on the substances that have been found at the settlement areas or outside the settlement areas and have been rendered harmless and that could serve as a source of intelligence and as a sample in order to obtain technical intelligence information and to be able to take the necessary precautionary steps.
The samples and technical information obtained from the hand made bombs or explosives and explosives manufactured in factories that do not have the nature of a bomb will also be sent to the General Directorate of Law Enforcement to be examined, to be compared with others used in the event and to be evaluated.
SECTION FOUR
The Supply
Supplying the vehicles, tools and personnel
ARTICLE 10. – The military and administrative bodies and institutions are responsible for supplying the required vehicles, tools, personnel as well as for meeting the needs and taking over the expenses of the personnel in order to determine, transport, examine, preserve or render harmless the explosives and dubious substances.
Making use of the vehicles and tools belonging to real and legal persons
ARTICLE 11. – In the case that the vehicles belonging to the military and administrative institutions are not available for any reason, the highest administrative authority of the region will make use of the vehicles and tools belonging to real and legal persons. The rental fee and the daily fee for the persons, of whom the service has been accepted, will be determined by way of bargaining in accordance with the regional conditions and paid at the latest within 90 days.
In the case that there is nobody willing to give service, the required vehicles will be confiscated temporarily by the highest-ranking administrative authority and delivered to the personnel on duty. The amounts for hiring the vehicles or the fee for the owners of these vehicles will be determined according to the regional conditions by way of bargaining or will be determined by the commission to be established pursuant to the article below and paid to the entitled persons at the latest within 90 days.
The indemnification sum to be paid for the vehicles that will be damaged or lost during the service will be determined by a committee to be established within thirty days by the administrative body that has given the duty and will be paid at the latest within ninety days. The highest ranking tax officer of the region or an authorised person to be appointed by the same and one representative each of the province traffic commission and the chamber of commerce will be the members of this committee.



The owners of the vehicles and tools who are not satisfied with the amount to be paid have the right to file a suit.
The assistance of experts may be requested to this end if necessary.

SECTION FIVE
The Financial Provisions
Injury, Disability and Death as a Result of the Duty
ARTICLE 12. – The provisions of the Code on Payment of Pecuniary Compensation and Monthly Wage dated 3.11.1980 with the number 2330 will be applied to the public servants and persons who are not public servants injured or disabled and the legal heirs of those persons who have died while carrying out the work related to determining, transporting, examining, preserving or rendering harmless of the explosives and dubious substances, provided that it can be officially documented that the authorised bodies gave these persons the mentioned duty. The rights of these persons indicated in other codes are reserved.
The related institutions will have the persons who are injured, disabled or of whom the health is jeopardised, treated both in the country and abroad, if necessary.
The Reward
ARTICLE 13. –The persons, who have seen and found the explosives and dubious substances, after they have determined the exact position and have placed the necessary warning signals and notified the related institutions, will be rewarded upon the proposal of the Headquarters of the General Staff from the budget of the Ministry of Defence by taking into consideration the benefit provided for the homeland defence with the help of the technical intelligence regarding this explosive or dubious substance, whereby the reward cannot exceed the highest monthly wage (including the additional indicator) of the public servants indicated in the Code on the Wages of the Public Servants dated 14.7.1965 with the number 657.
The Expenses
ARTICLE 14. – All kinds of expenses, the fees, travel funds and compensation to be paid for the determination, transport, destruction, rendering harmless or examination of the explosive or the dubious substance will be paid from the budget of the Ministry of Defence and Interior Ministry.
SECTION SIX
The Penalties
ARTICLE 15. – The persons, who refrain without an acceptable reason from giving the vehicles and tools that are needed to be used for the purpose of the examination or rendering harmless of the explosives and dubious substances will be punished with the proposal of the commander of the military unit or the chief of the authorised team attached to the Interior Ministry by the highest ranking administrative officer of the region with a pecuniary penalty in the amount obtained by multiplying the wage coefficient indicated every year in the Budget Code with 5000.
The public institutions and bodies have the obligation to give the vehicles and tools belonging to them on demand to the related persons. The public servant, who refrains from fulfilling this obligation, even if the act constitutes another offence, will be punished with the proposal of the commander of the military unit or the chief of the authorised team attached to the Interior Ministry by the highest ranking administrative officer of the region with a pecuniary penalty in the amount obtained by multiplying the wage coefficient indicated every year in the Budget Code with 5000.
The persons, who do not notify the related authorities of the explosives and dubious substances in the scope of this code, although they have seen them, will be punished with the decision of the highest ranking administrative authority with a pecuniary penalty in the amount that will be obtained by multiplying the wage coefficient indicated every year in the budget code with 5000.
The decisions regarding the penalties will be served with the related persons in accordance with the provisions of the Code on Notices dated 11.2.1959 with the number 7201. Objection can be filed within 7 days against these penalties with the authorised court. The objection will not stop the execution of the penalty. The decision made as a result of the objection is final. The objection will be dealt with within the shortest period by examining on the documents if there is no absolute necessity. The pecuniary penalties awarded pursuant to this code will be collected according to the provisions of the Code on the Collection of the Public Receivables number 6183.
SECTION SEVEN
The Miscellaneous Provisions
The provision that is no longer in force
ARTICLE 16. – The Code on the Elimination of the Freely Moving Mines, Explosives and Dubious Substances to Be Seen at Sea and Coasts dated 17.5.1948 with the number 5202 is no longer in force.
The Regulation
ARTICLE 17. – The principles and procedures pertaining to the implementation of this Code will be arranged with a regulation to be prepared by the Ministry of National Defence within 6 months of the effective date of this Code after the opinion of the Interior Ministry and the Undersecretariat of Maritime Affairs.
ARTICLE 18. – This Code will be in force as of the date of its publishing.
ARTICLE 18. – The provisions of this Code will be implemented by the Council of Ministers.