of December 22, 2017 No. 100
The parliament adopts this organic law.
(1) This law determines categories and hierarchy of regulations, the principles and stages of law-making, stages and procedure for project development of regulations, the main requirements to structure and contents of the regulation, procedure for its entry into force and loss of force by it, accounting and systematization of regulations, the technical procedures applied to regulations, and also procedure for interpretation, monitoring of realization of provisions and review of the regulation.
(2) This law is not applied to the legal acts having individual or exclusively political character, and also not containing precepts of law.
For the purpose of this law the following basic concepts are used:
the regulation – accepted, approved or the legal act of public, binding, general and impersonal character published by body of the public power which establishes changes or cancels the precepts of law regulating origin, change or the termination of legal relationship and applied to unrestricted number of similar situations;
the author of the draft of the regulation – person having power to initiate legislation according to article 73 of the Constitution of the Republic of Moldova;
law-making activities – the main method of realization public the politician providing necessary tools for carrying out in life of decisions on social and economic development and also for implementation of powers of body of the public power;
the analysis of ex ante – process of identification of problem, goal setting, the choice of methods of the problem resolution or goal achievement and the analysis of impact, results or consequences of such choice directed to reasons for need of regulation of the public relations;
the analysis of consequences of regulation – the analysis of ex ante of drafts of the regulations having consequences for business activity, performed according to provisions of the Law on the basic principles of regulation of business activity No. 235/2006 and with the technique approved by the Government;
monitoring of realization of provisions of the regulation – the procedure providing determination, the analysis and assessment of legal consequences of regulations and, if necessary, determination of measures for elimination of the circumstances making impossible application of the regulation;
The state register of legal acts – the automated information system of registration of normative and other legal acts in which their collection, processing, systematization, storage and representation, and also other actions determined by the legislation for operating by data of the register are performed;
the sign "UE" – sign with which authors of projects mark drafts of the regulations developed for the purpose of harmonization of the national legal system with the European Union law;
the legislative equipment - set of the regulations, methods and acceptances determining regulation components, structure, form and procedure for systematization of its content, technical procedures for change, publication, repeated publication and correction of the regulation, regulations, regulating entry into force and cancellation of the regulation, and also the regulations concerning language and that style. Regulations of the legislative equipment are aimed at ensuring systematization and coordination of content of legal statuses and are obligatory to use in case of project development of regulations;
the consolidated electronic text of the regulation – the electronic text of the regulation published in the State register of legal acts prepared on the basis of the initial official text of the regulation and, depending on circumstances, on the basis of official texts of the regulations making changes to it which includes all changes made to this regulation.
(1) In case of development of the regulation the principles shall be observed:
b) observance of basic rights and freedoms;
c) legality and attributability of the competing regulations;
d) feasibility, coordination, sequence, stability and predictability of precepts of law;
e) ensuring transparency, publicity and availability;
f) respect for hierarchical hierarchy of regulations.
(2) In case of development of the regulation on regulation of business activity the principles established by the Law on the basic principles of regulation of business activity No. 235/2006 are observed.
(3) the Regulation shall correspond to provisions of the Constitution of the Republic of Moldova, international treaties, one of the parties of which is the Republic of Moldova, to the conventional principles and rules of international law, and also the European Union law.
(4) the Regulation shall be entered in the existing regulatory base organically. For this purpose:
a) the draft of the regulation shall correspond to provisions of regulations of the highest or same level with which it is connected;
b) the draft of the regulation prepared on the basis of the regulation of the highest level cannot go beyond the competence established by this act and cannot contradict its purpose, the principles and provisions.
The regulation has public, binding, general and impersonal character. Provisions of the regulation are obligatory for execution, shall be observed by all persons of law and are in case of need carried out by the forced force of the state.
(1) In character precepts of law are subdivided into general, special and exclusive.
(2) General precepts of law are applied to all public attitudes or persons of law or towards some categories of the relations or subjects without loss of the general nature by them.
(3) Special precepts of law are applied only to separate categories of the public relations or directly certain subjects. In case of contradiction between general regulation and special regulation which contain in regulations of one level the special regulation is applied.
(4) Exclusive precepts of law differ from the framework regulations in the respective area and are applied to certain situations. In case of contradiction between the general or special regulation and exclusive regulation containing in regulations of one level the exclusive regulation is applied.
The legislation of the Republic of Moldova is created by the following regulations:
a) Constitution of the Republic of Moldova;
b) laws and resolutions of Parliament;
c) presidential decrees of the Republic of Moldova;
d) resolutions and ordinances of the Government;
f) regulations of autonomous bodies of the public power;
g) regulations of authorities of autonomous territorial educations with special legal status;
h) regulations of bodies of local public authority.
(1) the Legal force of regulations is established depending on competence and the status of the body of the public power which issued the act and also from category of the act. Competence limits on acceptance, approval or the edition of regulations are established by the Constitution of the Republic of Moldova, the Law on the Government No. 136/2017 and other regulations.
(2) the Regulation of bigger legal force can change or declare invalid the regulation of smaller legal force published by the same subject. In case of direct change of the act of smaller legal force of change have the same legal force, as the changeable act.
(3) in case of the conflict of regulations between two regulations of equal legal force provisions of the last on time of acceptance, approval or publication of the act, except for the situations provided by parts (3) and (4) Article 5 are applied.
(1) the Law – the regulation adopted by Parliament based on the constitutional regulations according to the procedure established by the Constitution of the Republic of Moldova and the Regulations of Parliament approved by the Law No. 797/1996, and also this law.
(2) the Laws are subdivided into three categories: constitutional, organic and ordinary. In formula of adoption of law its category is specified.
(1) the Constitution of the Republic of Moldova – the supreme law of the state and society. Any regulation contradicting its provisions has no legal force.
(2) Changes are made to the Constitution of the Republic of Moldova by the constitutional laws.
(1) the Organic law – the regulation representing development of the constitutional regulations and existing in the areas which are directly provided by the Constitution.
(2) the Areas regulated by the organic law are established in Items a) – o) parts (3) article 72 of the Constitution.
a) establishment of frontier of the Republic of Moldova is regulated;
b) the National anthem affirms;
c) conditions of acquisition, preserving and loss of nationality are regulated;
d) the status of the city of Chisinau as the capital of the Republic of Moldova is regulated;
e) special forms and conditions of autonomy of some settlements of left bank of Dniester and autonomous territorial education Gagauzia are regulated;
f) the term of office of Parliament in case of war or catastrophic crash is prolonged;
g) other conditions of incompatibility with the status of the deputy of Parliament except directly provided by the Constitution are established;
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