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LAW OF THE REPUBLIC OF MOLDOVA

of July 20, 2017 No. 161

About the mode of military burials and military and memorial objects

(as amended on 11-06-2020)

For the purpose of providing the effective legal base concerning military burials and military and memorial objects as component of policy of preserving and perpetuating of historical memory, patriotic education of citizens of the Republic of Moldova

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject of this law

This law regulates legal regime of military burials and military and memorial objects.

Article 2. Basic concepts

For the purpose of this law the following basic concepts mean:

competent authority of military memory - the structure responsible for realization of state policy in the field of military burials and military and memorial objects, and also for providing the mode of military burials and military and memorial objects;

military burials – places/sites of burial of persons who died in time or as a result of the military conflicts in case of execution of compulsory military service or voluntary service for the benefit of the state which citizens they were and also other places / sites in which remains of the dead are stored;

military and memorial objects – designs, works of art, memorial boards and altars, kenotafa or any other immovable objects, constructions or the works performed in memory of persons specified in this Article and Article 3;

protection of military burials and military and memorial objects – package of measures of legal, administrative, financial, scientific and technical nature, designed to provide search, identification, inventory count, accounting, content, protection and use of military burials and military and memorial objects, registration of such burials and objects and their protective zones in cadastral documentation, prevention of their destruction / damage.

Article 3. Military burials

(1) Military burials can be individual or brotherly, isolated or grouped at memorial cemeteries or memorial sites, in kostnitsa or mausoleums.

(2) Foreign military burials (burial of the military personnel of other states) located in the territory of the Republic of Moldova have the same mode, as military burials of citizens of the Republic of Moldova.

(3) To the burials provided by part (2), burials of foreign citizens – prisoners of war and civil interned are equated.

(4) are equated To military burials:

a) graves of citizens of the Republic of Moldova – prisoners of war, civil interned or deported during war;

b) tombs of employees of divisions of the Red Cross and the war correspondents who died in case of task performance in time and as a result of the military conflicts;

c) graves of the military personnel or civilians – the citizens of the Republic of Moldova who died in peace time in case of execution of duty in the field of national defense, public order and homeland security.

Article 4. Property right to military burials and military and memorial objects

Military burials and military and memorial objects belong to public property of the state or administrative and territorial units of the first and second levels, and also the autonomous territorial entity Gagauzia.

Chapter II. Competent authority of military memory

Article 5.

Voided according to the Law of the Republic of Moldova of 30.11.2018 No. 316

Article 6.

Voided according to the Law of the Republic of Moldova of 30.11.2018 No. 316

Article 7. Powers of competent authority of military memory

The competent authority of military memory performs the following powers:

a) offers initiation of drafts of regulations, including drafts of program documents;

b) in cooperation with interested persons develops projects of the organization and holding the actions for perpetuating of memory which fell in case of execution of debt and in the procedure established by the legislation submits them for approval;

c) will organize national system of general accounting and inspection of the military burials and military and memorial objects which are in the territory of the Republic of Moldova;

d) keeps the Register of military burials and military and memorial objects. The register is created on the basis of information and these registers of bodies of local public authority, the Ministry of Defence and Ministry of Internal Affairs, and also information and data provided by the Ministry of Foreign Affairs and European Integration;

e) masters all available data and information and takes measures for identification and capture on accounting of military burials;

f) records the public associations specializing in identification, inspection and excavation of military burials, military and memorial objects and the former places of fights and coordinates their activities;

g) in cooperation with the public associations specializing in the field develops annual plans of actions for identification, inspection and excavation of military burials, military and memorial objects and the former places of fights;

h) represents to the Ministry of Defence and, on circumstances, other bodies of the public power of the offer on creation, reorganization, expansion, transfer of military burials and/or military and memorial objects;

i) offers the conclusion of international treaties on legal regime of military burials and military and memorial objects;

j) initiates and coordinates actions for protection of military burials and military and memorial objects;

k) will organize transfer to the authorized public museums of weapon, the documents, personal belongings and other artifacts found during inspection and excavation of military burials and the former places of fights;

l) at the request of interested persons provides information on military burials and military and memorial objects which is available for it with observance at the same time of the legislation on personal data protection;

m) initiates open tenders on designing and construction of military and memorial objects and memorial chapels and monitors high-quality completion of works;

n) represents to the Ministry of Education, culture and researches for making the conclusions the projects of construction of military and memorial objects and projects providing works on preservation/restoration of the existing military and memorial objects;

o) cooperates with foreign diplomatic representations concerning the organization of ceremonies in memory of the military personnel of data of the states buried in the territory of the Republic of Moldova;

p) develops the program of the actions dated for day of celebration of memory of the victims of wars and for other events;

q) offers drafts of regulations on declaration of public usefulness and/or expropriation according to the legislation concerning the real estate on which are located or military burials or military and memorial objects are equipped;

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