ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 17, 2006 No. 941

About approval of the Regulations on procedure for execution of military service in Armed forces

In pursuance of the Law on the status of the military personnel No. 162-XVI of July 22, 2005. (The official monitor of the Republic of Moldova, 2005, Art. No. 129-131, 618) and the Law on training of citizens for protection of the Homeland No. 1245-XV of July 18, 2002. (The official monitor of the Republic of Moldova, 2002, Art. No. 137-138, 1054) DECIDES: the Government

1. Approve Regulations on procedure for execution of military service in Armed forces according to appendix No. 1.

2. To the Ministry of Defence, the Ministry of Internal Affairs to bring the regulations into accord with the specified provision.

3. Recognize invalid some orders of the Government according to appendix No. 2.

Prime Minister

Vasile Tarlev

Countersign: Minister of Defence

Valeriu Pleshka

Minister of Internal Affairs

George Papuk

Appendix №1

to the Order of the Government of the Republic of Moldova of August 17, 2006 No. 941

Regulations on procedure for execution of military service in the Armed forces

Chapter I. General provisions

Part 1. General provisions about procedure for execution of military service

1. The regulations on procedure for execution of military service in Armed forces (further - provision) establish procedure for transfer and appeal of citizens on military service, appointments and releases from military positions, transfer in the order of the commander (chief), assignment of military ranks, certifications, provisions of leaves, dismissals from military service, and also other circumstances of execution of military service.

Action of this provision extends to the citizens of the Republic of Moldova enlisted on military service under the contract, who are called up for urgent or the reduced military service in the ranks of National army, the General inspectorate of carabineers, and also to the reservists called on military charges (or on mobilization).

2. Execution by citizens of the Republic of Moldova of military service is performed according to the Constitution of the Republic of Moldova, the Law on the status of the military personnel No. 162-XVI of July 22, 2005, the Law on training of citizens for protection of the Homeland No. 1245-XV of July 18, 2002, this provision, other regulations in the field of national defense, and also with international treaties which party is the Republic of Moldova.

3. The addition, selection and appeal of citizens on the urgent or reduced military service are regulated by Regulations on appeal of citizens on the urgent or reduced military service, the approved Government.

4. The procedure for execution of military service during mobilization, in case of introduction of emergency, obsidional or warlike situation is determined by the current legislation.

Part 2. Execution of military service

5. Execution of military service is performed:

a) on the basis of conscription - for the citizens who are called up for compulsory military service, the reduced military service or for military charges (or on mobilization);

b) on the basis of the contract on execution of military service - for the citizens enlisted on military service under the contract.

6. Decisions of heads of military structures or commanders (chiefs) concerning procedure for execution of military service by the military personnel are applied by means of orders on staff or orders by part depending on powers according to this provision and the current legislation.

In case of temporary absence of the commander (chief) of military unit person who according to the daily order by part started accomplishment of obligations of the commander (chief) has the right to make decisions on problems of execution of military service.

Position assignment and dismissal of the chief of General staff of National army, assignment of the highest military ranks provided by the law are performed based on presidential decrees of the Republic of Moldova.

Appointment and discharge from position of the commander of the General inspectorate of carabineers is performed by the order of the Government.

7. Terms of military service constitute:

a) for the military personnel of conscription service - 12 months;

b) for the military personnel of the reduced service - 3 months;

c) for contract servicemen - the term specified in the contract;

d) for the reservists called on military charges - the term of military charges, mobilization doctrines and trainings;

e) for the reservists called on mobilization - before demobilization.

7-1. The military personnel of conscription service receives cash allowance in the amount of 500 lei. The serviceman of conscription service who is part of the military contingent for providing ceasefire regime in the safety area, the cash allowance is established in the amount of 600 lei irrespective of post in the contingent.

The serviceman of conscription service and the serviceman of the reduced service appointed by the order to executive positions in combat crews for training, for accomplishment of these functions the cash allowance increases as follows:

a) - for 10% - to persons performing functions of the commander of group;

b) - for 15% - to persons performing functions of the deputy commander of platoon.

The lump-sum allowance on dismissal in the amount of three cash allowances and if they enter category of orphan children or children without parental support, - in the amount of five cash allowances is paid to the military personnel of conscription service in case of dismissal from military service (including before the expiration of fixed term).

7-2. The monthly allowance in the following sizes is paid to the reservists called on charges:

a) to the senior officers - 500 lei;

b) to junior officers - 500 lei;

c) to sergeants - 500 lei;

d) to soldiers - 500 lei.

For the reservists called during preparation for mobilization or on mobilization, and the citizens called for passing of obligatory military preparation the place of employment and the average salary according to post remain, but it is not lower than minimum wage over the country.

The benefit is paid to persons who to appeal on educational training camps, military charges, mobilization doctrines or trainings were not employed for each calendar day of participation, correlated in proportion to the size of minimum wage over the country. The benefit is paid for the account of the means provided in the government budget of military structures which will organize educational training camp, military collection, the mobilization doctrine or training.

8. The term of military service is estimated:

a) for the military personnel of the urgent and reduced service - from the moment of appearance in the military center for sending to military unit;

b) for contract servicemen - from the moment of the introduction of the contract in force;

c) for the citizens who arrived in educational institutions of the sphere of military science - from the date of transfer in them;

d) for the reservists called on military charges or on mobilization - from the date of appeal the military center.

9. The period of finding of the citizen on military service is estimated from the date of when it is called or enlisted by the order of the commander of the military center on military service and is sent to military unit, about one day when the serviceman is excluded by the daily order of the commander of military unit from lists of staff of military structure (part) in connection with dismissal from military service, death (death), recognition of the serviceman is unknown absent according to this provision and the current legislation.

In length of service of contract servicemen for establishment of steps of compensation the period of military service in aircrew positions in air military units, headquarters and departments in which there are aircrew positions - on condition of accomplishment of annual regulations of raid of the hours in previous year established by the Minister of Defence is set off on favorable terms (two months in one month of service).

In length of service of contract servicemen for establishment of steps of compensation the period of military service in positions in military units, headquarters and departments which make parachute jumps - on condition of accomplishment of annual regulations of the jumps provided by plans of combat training, established by the Minister of Defence is set off on favorable terms (one and a half months for month of service); in all posts in divisions of special purpose of Service of information and safety, the Border service, the Ministry of Internal Affairs and Service of the state protection - according to the conditions determined respectively by Service of information and safety, the Border service, the Ministry of Internal Affairs and Service of the state protection; on frontier posts of sectors of Boundary police, posts, in commandant's offices, on Items of the simplified omission through frontier of persons and vehicles, check points through frontier, departments of border control, in departments of border troops on document creation of passengers and vehicles, the following abroad.

If the contract serviceman carried out flights or made parachute jumps within incomplete calendar year, the length of service for establishment of step of compensation is determined in proportion to time of accomplishment of flights.

If the military personnel of aircrew masters new flight specialty or trains for a new profession on new types of airplanes, helicopters, the first calendar year of the period of retraining is set off on favorable terms, irrespective of raid of hours.

The contract serviceman who got severe injuries in case of accomplishment of flights or making of parachute jumps, the service on the corresponding positions in year in which it was traumatized is set off in length of service and in case of failure to carry out of the established regulations of raid of hours or parachute jumps. The basis for preferential calculation of length of service is the reference of the military-medical commission.

During stay on military service all military personnel has the official ID issued according to regulations of military structure.

10. The serviceman cannot be excluded from lists of staff of military unit during the period:

a) stays in medical institution on treatment;

b) stays on leave;

c) stays on official journey;

d) releases from execution of service duties in connection with education, advanced training or scientific activities for the benefit of service;

e) stays in captivity (except as specified voluntary surrender), stays in provision of the hostage or interned.

11. In time the military service is not set off:

a) it is excluded

b) time of serving of arrest by the condemned serviceman;

c) time of serving of authority punishment in the form of arrest;

d) time of unauthorized leaving by the serviceman of military unit, duty station or absence for service lasting over 10 days.

In the cases provided by this Item, the term of absence of the serviceman from military unit enlisted in lists of staff of part documentary is drawn up by the order of the commander (chief) of military unit. The statement from the order concerning absence of the serviceman from military unit is attached to the personal record of this serviceman.

Chapter II. Transfer of citizens on military service under the contract

Part 3. Procedure for appeal and selection for military service under the contract from among the citizens who are on military accounting

12. The appeal of personnel is performed taking into account full compliance of requirements of military service, the corresponding position to professional and personal qualities of the particular person.

The methodology and forms of carrying out addition are determined by the head of military structure.

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