LAW OF THE REPUBLIC OF MOLDOVA

of February 15, 2024 No. 28

About frontier of the Republic of Moldova

The parliament adopts this organic law.

This law shifts:

1) partially Regulations (EU) 2016/399 European parliament and Council of March 9, 2016 about the Code of the Union about the rules regulating movement of people through borders (The Schengen code about borders) published in the Official magazine of the European Union by L 77 of March 23, 2016 with the changes made by Regulations (EU) 2021/1134 European parliament and Council of July 7, 2021;

2) Item (1) Article 14 of Regulations (EU) 2018/1725 European parliament and Council of October 23, 2018 about protection of physical persons when processing personal data by organizations, bodies, services and agencies of the Union and about free circulation of such data, and also about cancellation of Regulations (EU) No. 45/2001 and the Decision No. 1247/2002/CE published in the Official magazine of the European Union by L 295 of November 21, 2018;

3) Items (1) and (2) Articles 3, Item (1) Articles 4, Item (1) Article 6 of the Directive of Council 2004/82/EC of April 29, 2004 to report data on passengers about obligation of carriers, published in the Official magazine of the European Union by L 261 of August 6, 2004.

Chapter I. General provisions

Article 1. Subject and purpose of the law

(This law regulates 1) legal, organizational, administrative and other sort of the relation, arising in the course of establishment, maintenance and providing the mode of frontier, the mode of border area and the mode at check points.

(2) the Purpose of this law is safety of the state by implementation of the European concept of the integrated management of border with providing basic rights on border.

Article 2. General concepts

For the purposes of this law the used concepts mean:

rest in border area (further also rest) - the actions and activities which are carried out in border area to protection strip for the purpose of rest, except for hunting;

boundary waters - the site of water currents or reservoirs through which there passes the line of frontier;

border control - the activities performed on frontier only in response to intention of crossing or on the act of crossing of frontier and consisting in supervision abroad and border control on the basis of risk analysis and other information;

operational task - the data on faces, vehicles and documents entered into the Integrated information system of Boundary police which represent the measure applied based on administrative acts of authorized bodies, such as resolutions of criminal prosecution authority, acts of degrees of jurisdiction, acts of the legal executive. Availability of operational task is checked by Boundary police during border control with acceptance of proper measures;

check of the second line - the additional method of border control including check of persons, including personal inspection of the documents belonging to them, property, and also vehicles which can be carried out in the special place certain of the venue of check of the first line, according to the regulatory base;

check of the first line - the check method when crossing border including verification of documents of persons, check of vehicles and their documents;

border control - the control of persons including belonging to them vehicles and property, performed at check points through frontier for permission of entrance to the territory of the Republic of Moldova or departure from its territory;

cross-border crime - the criminal activities performed by one or more persons in the territory of at least two states;

boundary glade - the site of the area on both sides of frontier established according to the agreements signed by the Republic of Moldova with the adjacent states for the purpose of designation of frontier border markers;

demarcation of frontier - designation, according to materials of delimitation, the line of frontier on the area the established border markers;

the travel document - the any kind of the document granting the right to the permission of crossing of frontier provided by regulations, and also international treaties which party is the Republic of Moldova;

strip of protection of frontier - the area strip deep into from the line of frontier which is marked up for content of frontier, protection of border markers and ensuring access control near frontier;

frontier of the Republic of Moldova (further - frontier) - the line separating the overland and water territory of the Republic of Moldova the territories of neighboring states, and in the vertical plan differentiating airspace and subsoil of the Republic of Moldova from airspace and subsoil of neighboring states;

borderline case - the act encroaching on the frontier mode;

the integrated management of frontier - national and international coordination and cooperation between all bodies of the public power and public organizations participating in safety of borders and simplification of trade for establishment of effective, efficient coordinated management by border;

vulnerable persons - minors, including unaccompanied, persons with limited opportunities, elderly persons, expectant mothers, loner parents with minor children, the victims of human trafficking, persons having serious illness, persons with mental disturbances and persons which underwent to tortures, rape or other heavy forms of psychological, physical or sexual abuse and also other persons who owing to restrictions or insufficiency of personal capabilities are not able to protect the private interests;

the check point - any place of crossing of frontier organized and approved by the Government;

the frontier mode - set of rules of content and crossing of frontier by persons, vehicles, movements through it of goods and other property;

the mode at check points - rules of entrance, stay and departure of persons and/or vehicles, and also implementation of the activities which are not forbidden by this law;

the mode of border area - the rule of entrance, stay and departure of persons and vehicles in protective strip of frontier, accounting, content and use of watercrafts, hunting, fishery, pasture of the cattle, rest and implementation of air transactions with the unmanned aerial vehicles belonging to the state, conducting economic and other activity in border area and in border water space, and also permissions of borderline cases;

boundary safety - integral part of homeland safety which is ensured by means of the integrated management of frontier, supervision and control of crossing of frontier, and also fight against cross-border crime;

border marker - the engineering construction consisting of one or several elements, intended for designation of frontier on the area;

system of border control - all types of activity on boundary supervision, border control, exchange of information, cooperation, the analysis and identification of threats and risks, fight against cross-border crime;

situation of the maximum urgency - situation (case) on frontier which needs to be permitted without delay, without delay;

border area - the territory ten kilometers wide inside from frontier, along frontier.

Chapter II. Passing and designation of frontier

Article 3. Passing and designation of frontier

(1) the Frontier is established by the agreements signed by the Republic of Moldova with the adjacent states following the results of work of the joint commission on demarcation of frontier and is designated on the area by clearly visible border markers. The contract on passing and designation of frontier for areas is ratified by Parliament.

(The Frontier passes 2):

1) on the land - on characteristic lines of relief;

2) on aquatic areas - on the direct, broken or curved line from one border marker to another, namely:

a) on navigable sites - on the middle of the river or on the middle of its sleeve, on the middle of the main navigable course or thalweg of the river;

b) on non-navigable sites - as a rule, on the axis connecting frontier exits to coast of water object on the middle of surface of the water of the pool or the main sleeve.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info