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LAW OF THE REPUBLIC OF MOLDOVA

of July 20, 2006 No. 235-XVI

About the basic principles of regulation of business activity

(as amended on 27-07-2018)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject of the law

Subject of this law is establishment of the basic principles of regulation of business activity, and also the procedure of review of regulations according to these principles. This law does not regulate business activity in financial (bank and non-bank) the sphere.

Article 2. Law purpose

The purpose of this law is creation of the legal base favorable for the entrepreneurial circle and the investment climate promoting social and economic development.

Article 3. Regulation of business activity

In this law regulation of business activity assumes establishment of the rights, obligations, requirements and prohibitions for entrepreneurs throughout all their activities (from initiation before case liquidation), and also regulation of the relations between bodies of public management, other bodies equipped with the law functions of regulation and control and entrepreneurs.

Article 4. Basic principles of regulation of business activity

According to this law regulation of business activity is performed on the basis of the following fundamental principles:

a) predictability of regulation of business activity;

b) transparency of decision making and regulation of business activity;

c) analysis of effects of regulation;

d) put material and procedural regulation of initiation, maintaining and liquidation by means of legal acts;

e) concept of justice (proportionality) in the relations between the state and the entrepreneur.

Chapter II. Principles of regulation of business activity

Part 1. Principle of predictability
Article 5. Predictability of regulation of business activity

(1) Regulation of business activity is performed by means of the laws, resolutions/ordinances of the Government and regulations of bodies of public management (further - regulations).

(2) the Laws set in each separate case regulation limits for the Government and/or for bodies of public management. On regulations of these bodies references in case of their discrepancy to provisions of this law are not allowed.

(3) the Doubts arising in case of application of the legislation in the course of initiation, maintaining and liquidation put, are treated in advantage of the entrepreneur.

Article 6. Predictability of expenses

(1) Payments for the allowing documents issued to entrepreneurs by bodies of public management and other organizations the equipped functions of regulation and control, are established by the law with indication of the document and the amount of collection for these documents.

(2) the Services rendered by bodies of public management and other organizations, the equipped functions of regulation and control and the size of rates for the rendered services, including for the official control exercised according to Item 5) of part (1) article 19 of the Law on the state control of business activity No. 131/2012, shall be directly provided in the nomenclature of services approved by the Government. The size of rates for the rendered services is determined according to the technique approved by the Government. Income gained from rendering these services is administered according to the principles, rules and procedures established by the Law on public finance and budget and tax responsibility No. 181/2014.

Article 7. Predictability of normative and technical documents

Technical and sanitary conditions, standards, other documents of similar nature (further - normative and technical documents) are the laws, obligatory in case of their establishment.

Part 2. Principle of transparency of decision making and regulation
Article 8. Transparency of decision making

Bodies of public management shall inform on drafts of regulations and provide transparency of the activities for decision making by involvement of private sector, civil society and physical persons in process of development of regulations and decision making.

Article 9. Transparency of regulation

(1) Organa of public management provide transparency of regulation by open entry to drafts of regulations and their publication according to the legislation.

(2) Regulations join in the State register of legal acts (further - the Register) after their publication in the Official monitor of the Republic of Moldova according to the legislation. Maintaining the register is performed by the Ministry of Justice.

(3) Access to the Register is free and is performed via the Internet.

Article 10. Transparency of the acts necessary for initiation and/or conducting case

(1) Case is initiated and/or conducted on the basis of permission if it is provided by the law.

(2) Permission represents the act which the body of public management or body equipped with the law functions of regulation and control gives the consent to initiation and/or conducting case by issue of the allowing document in license type - for the types of activity provided by the Law on regulation of business activity by licensing No. 451-XV of July 30, 2001, and/or permission - for approval of the technical requirements established by the law, separate regulations for certain aspect.

3) are understood As permission: permissions, the omission, the certificates, the conclusions, approvals, approvals, patents, competence certificates issued by bodies of public management or bodies, the functions of regulation and control equipped with the law.

Article 11. Acquiescence on initiation and/or conducting case

(1) the License/permission is considered provided or, on circumstances, the term of its action is considered prolonged if the body of public management and/or other body equipped with the law functions of regulation and control did not answer the applicant in the time provided by the law for issue or prolongation of effective period corresponding to the license/permission.

(2) After the term established by the law for issue of permission and in the absence of the written notice from body of the public management and/or other body equipped with the law functions of regulation and control, the applicant can start activities for which requested the license/permission, it agrees the established law to procedures.

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