LAW OF THE REPUBLIC OF MOLDOVA

of July 10, 2025 No. 249

About homeland security of the Republic of Moldova

In view of development of the situation in the field of safety, strategic objective of the Republic of Moldova on strengthening of national stability and need of protection of national interests of the state and its citizens,

Considering provisions of the Constitution of the Republic of Moldova, and also the international agreements and obligations of the Republic of Moldova concerning homeland security

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject and purpose of the law

(1) This law regulates homeland security of the Republic of Moldova (further - homeland security) and establishes:

a) regulatory and institutional base for the organization and functioning of system of homeland security, and also its coordination;

b) general principles and functions of system of homeland security;

c) structure and functioning of system of homeland security, and also competence of the bodies of the public power given authority on management, coordination and control of ensuring national security;

d) policy of national security and strategic planning which include identification, prevention and management of threats, risks, dangers and vulnerabilities;

e) implementation of democratic civil control over functioning of system of national security and use of force;

f) measures necessary for ensuring compliance with basic rights and freedoms, and also compliance of activity undertakens and measures to the principles of the constitutional state and international obligations of the Republic of Moldova.

(2) the Purpose of the law is creation of the regulatory and institutional base providing balance between requirements of national security and protection of basic rights and human freedoms according to the international standards and standards.

Article 2. Scope of application

(1) This law extends to all bodies of the public power and public organizations irrespective of form of business which according to the powers established in regulations provide or promote ensuring national security by implementation of certain functions of system of homeland security in the areas and subareas which are under their authority.

(2) This law extends:

a) on industry bodies of the central public management as they are specified in article 2 of the Law on the central branch public management No. 98/2012;

b) on the autonomous bodies of the public power performing activities in the areas relating to homeland security;

c) on bodies of local public authority - in that measure in what provisions of this law do not contradict provisions of the special regulations regulating activities of these bodies;

d) on public and private subjects - in that measure in what they perform the powers, own strategic resources or provide the main services for ensuring national security;

e) on citizens - in case of their participation in activities for ensuring national security, according to provisions of this law and other relevant regulations.

(3) the Public and private subjects performing the powers owning strategic resources or providing the main services in ensuring national security cooperate according to the legislation with competent authorities of the public power and public organizations, dividing responsibility and providing exchange of information and resources, for the purpose of identification, the prevention and management of threats, risks, dangers and vulnerabilities in the areas provided in part (5) Article 16.

(4) Application of provisions of this law to legal entities of public or private law, including economic operators, suppliers of the main services and subjects in the field of mass media, is performed according to pro-rata rule of restrictions, equality before the law and with observance of basic rights and freedoms, in particular economic freedom and freedom of expression of opinion.

(5) the Measures provided by this law cannot be interpreted or be applied for the purpose of unreasonable restriction of basic rights and freedoms and shall be necessary, proper and proportional to the pursued legal purpose according to the Constitution of the Republic of Moldova (further - the Constitution) and international treaties which party is the Republic of Moldova.

Article 3. Concepts

For the purposes of this law the following concepts mean:

1) threat - any action, event or factor directly or indirectly influencing the shown potential and intention homeland security, causing damage to national interests;

2) risk - the level of exposure to certain threats, dangers, incidents, emergency situations or crises determined by set of probability of their origin and impact of their consequences;

3) danger - the uncertain situation which is characterized by availability of potential of causing damage of homeland security and to national interests, caused by certain opportunities or factors which namerennost of manifestation is unknown or is not obvious, but consequences of which require taking measures of the prevention and ensuring institutional readiness;

4) vulnerability - weak points, shortcomings and/or dysfunctionality of system, infrastructure, resources or services or processes which can be used by certain internal or external factors and which can promote origin/materialization of threat or emergence of danger;

5) national interests - needs of citizens, societies and the states which are freely expressed, founded on national values, national unity or on majority rule of the population expressed during the electoral process, the creating strategic directions of policy of homeland security and which realization provides existence, stability and sustainable development of the Republic of Moldova;

6) policy of homeland security - set of agreed decisions of bodies of the public power and public organizations which make changes in system of homeland security or influence it, promoting the solution of certain problems and achievement of the special purposes, with respect for the principles of the constitutional state and the international obligations of the Republic of Moldova;

7) planning of homeland security - process during which the state by means of bodies of the public power and public organizations establishes the basic framework determining and formulating priorities of policy of homeland security including strategic analysis, finding of resources and plan development of actions for protection of national interests;

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