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of December 22, 2017 No. 100

About regulations

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Sphere of regulation

(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.

Article 2. Basic concepts

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.

Article 3. Principles of law-making activities

(1) In case of development of the regulation the principles shall be observed:

a) constitutionalities;

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.

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