ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 2, 2022 No. 759

About organization, the organization and functioning of the Agency of rail transport

Based on Items b) and e) article 7 of the Law No. 136/2017 on the Government (The official monitor of the Republic of Moldova, 2017, No. 252, the Art. 412), with subsequent changes, parts (1) and (7) article 14 of the Law No. 98/2012 on the supervisory branch public control (The official monitor of the Republic of Moldova, 2012, No. 160 - 164, the Art. 537), with subsequent changes, Item j) parts (3) Articles 3, parts (1) Articles 4, parts (2) Article 7 and Item a) parts (4) article 132 of the Code of rail transport of the Republic of Moldova No. 19/2022 (The official monitor of the Republic of Moldova, 2022, Art. No. 45-52, 57) DECIDES: the Government

1. Found the Agency of rail transport - the administrative authority subordinated to the Ministry of infrastructure and regional development.

2. Approve:

1) Regulations on the organization and functioning of the Agency of rail transport according to appendix No. 1;

2) Structure of the Agency of rail transport according to appendix No. 2;

3) the Organigram of the Agency of rail transport according to appendix No. 3.

3. Establish the extreme number of staff of the Agency of rail transport in number of 28 units, including 27 government employees and 1 unit of support personnel, with the annual salary fund according to the legislation.

4. To provide to the ministry of infrastructure and regional development:

1) the organization of tender on substitution of the leading state positions as a part of the Agency of rail transport according to the Law No. 158/2008 on the state position and the status of the government employee and the labor law;

2) initiation within 5 days from the effective date this resolution of the legal procedures necessary for substitution of the leading state positions as a part of the Agency of rail transport according to the Law No. 158/2008 on the state position and the status of the government employee;

3) assignment within 5 days, according to the Law No. 158/2008 on the state position and the status of the government employee, person who will temporarily take up position of the director of the Agency of rail transport.

5. To person designated by the acting as the director of the Agency of rail transport with assistance of the Ministry of infrastructure and regional development:

1) within 10 days:

a) take necessary measures for registration of the Agency of rail transport in body of state registration;

b) provide completion, approval of the staff list of the Agency and its transfer on approval to the State office;

2) within 5 days from approval date of the staff list to initiate necessary legal procedures for substitution of the state positions as a part of the Agency of rail transport.

6. To the state office, the Ministry of infrastructure and regional development together with the Agency of public property and the State company "Calea Ferata din Moldova" to determine and provide transfer of assets, necessary for activities of the Agency of rail transport, according to the Regulations on procedure for transfer of assets of state-owned property approved by the Order of the Government No. 901/2015.

7. To the agency of the state services in request of owners to make necessary changes to cadastral documents.

8. Appendix No. 3-2 to the Order of the Government No. 690/2017 about the organization and functioning of the Ministry of infrastructure and regional development (2017, Art. No. 322-328, 792), with subsequent changes, to add the official monitor of the Republic of Moldova with Item 6 of the following content:

"6. Agency of rail transport".

9. Appendix No. 3 to the Order of the Government No. 1042/2017 about approval of the Concept of restructuring of the railway sector and GP "Calea Ferata din Moldova" for 2022-2024 (2017, Art. No. 434-439, 1189), with subsequent changes, to add the official monitor of the Republic of Moldova with the following line item:

"Director of the Agency of rail transport".

10. To impose control over the implementation of this resolution on the Ministry of infrastructure and regional development.

Appendix No. 1

to the Order of the Government of the Republic of Moldova of November 2, 2022 No. 759

Regulations on the organization and functioning of the Agency of rail transport

I. General provisions

1. The regulations on the organization and functioning of the Agency of rail transport (further - the Provision) establish mission, fields of activity, functions, powers and the rights of the Agency of rail transport, and also procedure for its organization and functioning.

2. The agency of rail transport (further - the Agency) is the administrative authority subordinated to the Ministry of infrastructure and regional development (further - the central industry body), has the status of the legal entity of the public law with form of business of the agency with office in municipium of Chisinau.

3. The agency has seal with the State Emblem of the Republic of Moldova, treasurer accounts, and also other attributes of public authorities provided in the legislation.

4. Financing of the Agency is performed at the expense of means of the government budget within the assignments approved in the annual law on the budget including at the expense of the arrived income.

5. Within the Agency, according to part provisions (5) article 30 of the Law No. 131/2012 on the state control of business activity, Council for the dispute resolution, structure is established and provisions about which activities affirms the director of the Agency.

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