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Ministry of Justice

Republic of Moldova

On June 22, 2017 No. 1231

ORDER OF DEPARTMENT OF BOUNDARY POLICE OF THE REPUBLIC OF MOLDOVA

of June 20, 2017 No. 415

About approval of the Instruction about conditions and the procedure of cancellation and withdrawal of permissions to access to border area

According to Art. provision 30 parts (4) the Law No. 215 of November 4, 2011 on frontier of the Republic of Moldova and according to provisions of item 22 of the Regulations on Department of boundary police approved by the Order of the Government No. 434 of June 19, 2012 about Boundary police, PRIKAZYVAYU:

1. Approve the Instruction about conditions and the procedure of cancellation and withdrawal permission to access to border area it (is applied).

2. The order inform all staff of Boundary police.

3. Publish this order in the Official monitor of the Republic of Moldova and place on the official web page of Boundary police.

Head of the department of boundary police

Fredolin Lekar

Approved by the Order Department of boundary police of the Republic of Moldova of June 20, 2017 No. 415

The instruction about conditions and the procedure of cancellation and withdrawal of permissions to access to border area

I. General instructions

1. The instruction about conditions and the procedure of cancellation and withdrawal of permissions to access to border area (further - the Instruction), establishes conditions and the procedure of cancellation and withdrawal of permissions to access to border area.

2. The basic principles of the Instruction are: legitimacy, ensuring transparency, reliability, responsibility and honesty.

3. In this Instruction the following data designate:

permission to access to border area - the official document issued by Boundary police, having the sizes of-105X74 mm., in which the sequence number, effective period, limit of border markers, the time spent, the purpose and the identity of the owner is brought;

the decision on cancellation and withdrawal of permission to access to border area - the administrative act of Boundary police by means of which permission to access to border area is cancelled and withdrawn.

II. Cancellation conditions of permission to access to border area

4. Permission to access to border area can be cancelled and withdrawn in case the owner of permission to access to border area:

1) violated rules of entrance, stay and departure from border area;

2) violated specific rules of fishery, hunting, forestry, pasture of the cattle, rest, use of the soil and environment protection in border area;

3) was broken by the period and the time spent in border area specified in permission;

4) made shots from weapon in the direction of frontier;

Damaged 5) or destroyed border markers, constructions or technical means of supervision abroad and border control;

6) was kindled by fire or promoted its rasprostra to neniye in strip of protection of frontier;

7) performed the activities capable to pollute (or polluted) water, air or the soil in border area, and also boundary waters;

8) committed crimes in border area;

9) changed some data in permission to access to border area;

10) damaged permission to access to border area because of what reading or recognition of texts is impossible;

11) for unreasonable motives did not get permission to access to border area within 60 days from the date of filing of application;

12) disturbed the public peace;

13) other circumstances, stipulated by the legislation.

III. Procedure of cancellation and withdrawal of permission to access to border area

5. Cancellation and withdrawal of permission to access to border area is decided concerning owners of permission to access to border area and to the meeting requirements provided in item 4 of this Instruction, decision about cancellation and withdrawal of permission to access to border area according to appendix to this Instruction.

6. In decision about cancellation and withdrawal of permission to access to border area the personnel authorized by the order of the head of the department of boundary police are responsible.

7. Responsible in decision about cancellation and withdrawal of permission to access to border area shall:

To bring 1), during till 3 o'clock in the Information system intended for issue of permissions to access to border area of the Republic of Moldova in the Information Cancelled/withdrawn window information on decision on cancellation and withdrawal of permission to access to border area. Information will conclude the following marks: number, month year of decision, surname and name of the owner, committed violation, number of the cancelled and withdrawn permission. In case of cancellation and withdrawal of permission for the vessel, number of the cancelled and withdrawn permission for the vessel is specified.

To accumulate 2), in the separate folder of the Decision on cancellation and withdrawal of permission to access to border area, with appendix of the cancelled/withdrawn permission to access to border area.

8. Permission to access to border area, is cancelled and withdrawn by the authorized personnel of division which established making of violation by the owner.

9. The permission to the admission in border area cancelled and withdrawn has no legal effect.

IV. Decision on cancellation and withdrawal of permission to access to border area

10. Before decision about cancellation and withdrawal of permission to access to border area to person authorized in its removal it is necessary to analyse the actual and legal circumstances concerning committed violation by the owner of permission.

11. The authorized person issues to the owner one copy, in the original, Decisions on cancellation and withdrawal of permission to access to border area.

12. If the owner refuses to sign the Decision on cancellation and withdrawal of permission to access to border area and/or return of permission to access to border area, the authorized person does the corresponding mark in the Decision as follows "The specified person refused to sign the Decision" or "The specified person refuses to return permission to access to border area". The fact of refusal of signing or return is confirmed by the signature of one of witnesses, with indication of its personal data.

13. The decision on cancellation and withdrawal of permission to access to border area can be protested according to the procedure of administrative court.

14. Person concerning whom the Decision on cancellation and withdrawal of permission to access to border area, other permission to access to border area having the right to request, after 30 days from the date of decision, on conditions, stipulated by the legislation is passed.

 

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