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LAW OF THE REPUBLIC OF MOLDOVA

of July 22, 2005 No. 162-XVI

About the status of the military personnel

(as amended on 12-03-2020)

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject to regulation and scope of application

(1) This law determines legal status of the military personnel and procedure for execution of military service by them.

(2) Provisions of this law extend to military personnel and members of their families, and also to the citizens dismissed in reserve (in resignation).

Article 2. Basic concepts

For the purpose of this law the following concepts are determined:

military structures - industry bodies of the central public management in which according to the current legislation execution of military service is provided;

military units - command bodies, army connections and military units of Armed forces, and also organizations relating to them;

educational institutions of the sphere of military science – the educational institutions preparing military personnel;

heads - the officials leading military structure;

commanders (chiefs) - the officials leading military unit;

military personnel is the citizens of the Republic of Moldova performing military service on the basis of conscription or on contractual basis according to the current legislation;

contract servicemen are the citizens enlisted on military service under the contract;

military personnel of conscription service is the citizens who are called up for compulsory military service;

military personnel of the reduced service is the citizens who are called up for the reduced military service;

military personnel of active service is the military personnel holding any military position. Continue to be considered being in active service the military personnel relieved of the post for passing of different forms of preparation or recalled in the office purposes, and also consisting on hand;

reservists are the citizens dismissed in reserve of Armed forces;

members of the family of the serviceman - the spouse (spouse), children aged up to 18 years or if they are pupils and students of educational institutions of resident instruction, before their termination, but are not more senior than 23 years; parents, including the receptions which are on legal causes dependent on the serviceman; the other persons which are on legal causes dependent on the serviceman;

cash allowance - official pay rate, the allowance for military rank and length-of-service allowance on military service, allowances and surcharges to official pay rate and other incentive payments of permanent nature;

transfer in the order - the actions directed to the solution of questions of further execution by the serviceman of military service or dismissal from it in the period of which he is not on military position.

The serviceman can be enlisted in the order by the head, the commander (chief) having the right of appointment it to military position;

the offenses discrediting the serviceman's rank - the actions or failure to act of the serviceman causing material and (or) moral damage to military structure (its image, honor, reputation);

lowering in military rank - the authority punishment applied to the military personnel for severe violations of army regulations, orders and instructions and consisting in transfer of the guilty serviceman in rank is one step lower than that which he had before offense making;

deprivation of military rank - the additional measure of criminal penalty applied to the military personnel in case of condemnation by their degree of jurisdiction for crime execution.

Article 3. Legal basis of the status of the military personnel

Legal basis of the status of the military personnel is determined by the Constitution of the Republic of Moldova, this law and other regulations, and also international agreements, one of the parties of which is the Republic of Moldova.

Article 4. Basic principles of the status of the serviceman

The status of the serviceman is based on the following principles:

a) legality;

b) equalities of the military personnel, irrespective of military rank and position, before the law and bodies of the public power;

c) ensuring legal and social protection of the military personnel and members of their families.

Article 5. Status of the military personnel

(1) the Status of the military personnel represents set of the rights and obligations of the citizens performing military service.

(2) the Serviceman who is on duty is the representative of the government and is under protection of the state.

(3) the official IDs confirming their departmental accessory and legal status are issued to the Military personnel.

(4) the Military personnel has the right to storage, carrying and use of service weapon, special means and military devices according to the current legislation.

Article 6. The citizens having the status of the military personnel

(1) Citizens of the Republic of Moldova have the status of the military personnel throughout the entire period of execution of military service by them.

(2) Content and amount of the rights and obligations of the serviceman are determined by the fact of stay it in case of fulfillment of duties of military service. Cases when the serviceman is considered the acting as military service, are determined by the current legislation.

(3) the Status of the military personnel performing military service outside the country is regulated by this law, other regulations and international agreements, one of the parties of which is the Republic of Moldova.

(4) For the military personnel who is captured, taken hostage or interned, but did not violate the military oath and did not commit crimes against the state, the world or mankind, the status of the military personnel remains.

Article 7. Ensuring legal and social protection of the military personnel

(1) the State provides legal and social protection of the military personnel according to this law and other regulations.

(2) the Women enlisted on military service under the contract have the rights, equal with men, and obligations according to this law and other regulations.

(3) Contract servicemen have the rights and privileges connected with care of the children, pregnancy and childbirth or other circumstances provided by the current legislation with the restrictions provided by this law.

(4) the Citizens who served under the contract and dismissed in reserve (in resignation), have the rights and guarantees provided by the current legislation according to their length of service on service and to the dismissal bases from military service.

Chapter II Basic rights and freedoms of the military personnel

Article 8. Rights and freedoms of the military personnel

Military personnel has the rights and freedoms established for citizens of the Republic of Moldova by the Constitution, the current legislation and international agreements, one of the parties of which is the Republic of Moldova, with the restrictions caused by features of military service.

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