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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 3, 2022 No. 582

About approval of the Regulations on procedure for demolition of unauthorized structures and cutting down of trees and bushes

Based on part (5) article 439-6 of the Code of the Republic of Moldova about offenses No. 218/2008 (repeated publication: The official monitor of the Republic of Moldova, 2017, Art. No. 78-84, 100), with subsequent changes, DECIDES: the Government

1. Approve Regulations on procedure for demolition of unauthorized structures and cutting down of trees and bushes it (is applied).

2. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Prime Minister

Natalya Gavrilitsa

Countersign:

Deputy Prime Minister, minister of infrastructure and regional development

 

Andrey Spynu

Minister of Justice

Serdzhiu Litvinenko

minister of the environment

Yulian Kantaradzhiu

 

Approved by the Order of the Government of the Republic of Moldova of August 3, 2022 No. 582

Regulations on procedure for demolition of unauthorized structures and cutting down of trees and bushes

I. General provisions

1. Regulations on procedure for demolition of unauthorized structures and cutting down of trees and bushes (further - the Provision) establish the unified legal basis and conditions of implementation of activities for demolition (dismantle) illegally of the executed constructions, and also cutting down of trees and bushes (further - works on demolition/cutting down), according to article 439-6 of the Code of the Republic of Moldova about offenses No. 218/2008.

This Provision establishes powers, conditions and working procedures on demolition (dismantle) illegally of the executed structures both cutting down of the trees and bushes, cost estimation necessary for accomplishment of the specified works, and criterion of compensation of these costs at the expense of offenders to whom the punishments prescribed by Articles 116, of 134, 134-1, 168, part (3), by Items c) and d) parts (4) Articles 177, Articles 178, 179 and 226 Codes of the Republic of Moldova about offenses No. 218/2008, with recovery, if necessary, of the constructions damaged as a result of unauthorized actions are applied.

2. The concepts used in this Provision mean the following:

the responsible body of the public power - the executive body of local public authority / body responsible for management of forest fund which in case of non-execution by the offender of the corresponding orders initiates the procedure of demolition (dismantle) of unauthorized construction and cutting down of trees and bushes exercises supervision of activities of the contractor during the course of performance of the requested works and takes measures for collection of the material damage calculated for performance of works on demolition/deforestation;

the interested public representative - person who states the offense provided by Articles 116, of 134, 134-1, 168, part (3) Items c) and d) parts (4) Articles 177, Articles 178, 179 and 226 Codes of the Republic of Moldova about offenses No. 218/2008, are constituted by the protocol on offense and takes case papers about offense to court for decision making about demolition/cutting down, according to regulations of the Code of the Republic of Moldova on offenses No. 218/2008 and represents to responsible body of the public power the final and taken legal effect decision for execution;

unauthorized structure - the constructions of any category, work on reorganization, re-planning, strengthening and capital repairs of buildings and constructions irrespective of type of property and appointment performed illegally, without construction license or with violation of the conditions provided in it;

the offender - person who made one of the offenses provided by part (1) article 439-6 of the Code of the Republic of Moldova about offenses No. 218/2008, on which the final and taken legal effect judgment is accepted;

the executive document on demolition/cutting down - the final and taken legal effect judgment about offense or, depending on circumstances, the executive document issued by court which decides performance of works on demolition of unauthorized structures, in the presence of the facts provided by Articles 116, of 134, 134-1, part (3), by Items c) and d) parts (4) Articles 177, Articles 178, 179 and 226 Codes of the Republic of Moldova about offenses No. 218/2008, with recovery of the constructions injured with unauthorized intervention, and also demolition of unauthorized structures and cutting down of trees and bushes in the presence of the facts provided in article 168 of the Code of the Republic of Moldova about offenses No. 218/2008, even in cases when the tort liability is relieved based on Article 26 or process about offense is stopped based on Item f) parts (1) article 441 of the Code of the Republic of Moldova about offenses No. 218/2008;

the contractor - the economic operator with whom the agreement according to the legislation on public procurements of works for the purpose of performance of works on demolition/cutting down for the term of accomplishment of the corresponding works, or, depending on circumstances, the municipal company to which this task was delegated by the order of primar, taking into account type, nature and complexity of the works containing in the executive document is signed;

waste from demolition - the waste which is formed as a result of final or partial fracture of buildings or other constructions, constructions. Concrete, products from tree, tile, brick, steel, gypsum cardboard or other materials can be them. Purpose of waste shall be provided in the order about forced performance of works on demolition, taking into account the provisions stated in CP A.09.04/2014 "The Address with Waste of Construction and Demolition";

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