LAW OF THE REPUBLIC OF MOLDOVA

of June 18, 2020 No. 104

About the state and mobilization reserves

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Purpose and sphere of regulation

(1) the Purpose of this law is creation of legal and institutional base in the field of the state and mobilization reserves.

(2) Provisions of this law are applied to creation, accumulating, replenishment, storage, release, management and control of the state and mobilization reserves.

(3) the Data on the state and mobilization reserves provided by the subitem a) Item 2) parts (1) article 7 of the Law on the state secret No. 245/2008, are information carried to the state secret; the exception is constituted by the values intended for realization.

Article 2. Basic concepts

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

accumulating of values in the state and mobilization reserves - laying of the material values intended for the state and mobilization reserves in warehouses of the Agency of material reserves, public organizations and business entities according to the maximum amounts established in nomenclatures;

management of the state and mobilization reserves - actions/actions of the Agency of material reserves for creation, purchase, accumulating, release, control, borrowing, refreshening, storage, acceptance, warehousing, servicing, purchase and sale and import export, accounting, the reporting and submission of reports on availability and movement of material values of the state and mobilization reserves;

replenishment of the state and mobilization reserves - completion of inventories material values, including the values donated as the help to the state, donation and the confiscated values;

creation of the state and mobilization reserves - purchase of material values for the state and mobilization reserves on the basis of nomenclatures;

razbronirovaniye of values of the state and mobilization reserves - release of material values from the state and mobilization reserves without subsequent their return;

the responsible keeper - the subject who proceeding from the features provided by this law warehouses stores, provides integrity and serves material values of the state and mobilization reserves on contractual basis, for a fee or free of charge, without right to use by values;

servicing of values of the state and mobilization reserves - actions for loading, unloading, transportation, distribution, content, check, certification, assessment and examination of material values of the state and mobilization reserves;

release of values from the state and mobilization reserves - withdrawal of material values from the state and mobilization reserves according to the conditions provided by this law;

the supplier - any legal entity who acquired the right to sign the contract of purchase with the Agency of material reserves for delivery of material values and rendering the services concerning the state and mobilization reserves;

refreshening of values of the state and mobilization reserves - replacement of material values of the state and mobilization reserves with the purpose to prevent reference to losses till the expiry date, change of the ordered quality characteristics, obsolescence in case of storage, changes of standards, specifications and structure of values, performed by means of commercial transactions of purchase and sale;

refreshening of values of the state and mobilization reserves with gap in time - release of material values from the state and mobilization reserves for certain term, on the basis of the financial or bank guarantee, in connection with impossibility of simultaneous replacement;

simultaneous refreshening of values of the state and mobilization reserves - release of material values from the state and mobilization reserves with their simultaneous replacement in the same quantities and with the same qualitative indexes or similar issued, irrespective of price fluctuations;

borrowing of values of the state and mobilization reserves - release of material values from the state and mobilization reserves at the request of public organizations and business entities, upon presentation of warranty payment, for a period of up to 12 months with their return in the same quantities and with the same qualitative indexes or similar issued, irrespective of price fluctuations;

nomenclatures - the exhaustive lists of confidential nature approved by the order of the Government containing the code of material values of the state and mobilization reserves and their amounts;

storage of values of the state and mobilization reserves - storage of material values of the state and mobilization reserves in warehouses of the Agency of material reserves, public organizations and business entities on contractual basis, for a fee or free of charge;

mobilization reserves - the inventories of material values of special purpose created for the purpose of the organization of defense of the country and only in warehouses of the Agency of material reserves and public organizations with powers in the field of mobilization preparation and mobilization of the country;

the state reserves - the special fund of material values, generally civil appointment created in warehouses of the Agency of material reserves and business entities for ensuring mobilization needs in the conditions of state of siege and in wartime for the purpose of surgery of the state for protection of the population and the territory, ensuring stable functioning of national economy and defense of the country in cases of emergency/exclusive situations, emergence of some social or economic events, acts of terrorism, and also for provision of the humanitarian assistance and assistance of stability in sectors of national economy in case of failures;

single system of reserves - the centralized control system including property and data on creation of the state and mobilization reserves, storage and servicing of material values of these reserves, and also on responsible keepers;

emergency emergency situation - the situation (circumstances) requiring immediate, immediate permission;

inventory - amount of the material values provided in nomenclatures and warehoused for long-term storage;

not reduced inventory - the amount of material values which is steadily supported according to the regulations provided in nomenclatures;

storage duration of values of the state and mobilization reserves - experimentally or statistically established period of time after which the product loses the essential qualities.

Chapter II of Structure with powers in the field of the state and mobilization reserves

Article 3. Government

(1) in the field of the state and mobilization reserves the Government:

a) establishes procedure and makes the decision on creation of the state and mobilization reserves, management of them, including control, on release of values from them, and also on provision of values of the state and mobilization reserves as the humanitarian assistance;

b) makes the decision on allocation according to provisions of the legislation of the financial resources necessary for creation and management of the state and mobilization reserves;

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