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LAW OF THE REPUBLIC OF MOLDOVA

of June 13, 2008 No. 134-XVI

About Service of the state protection

(as amended on 02-03-2023)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Service of the state protection

(1) the Service of the state protection (further – Service) is the state body with special powers in the field of state security providing protection of high-ranking officials of the Republic of Moldova, high-ranking officials of foreign states during their stay in the Republic of Moldova, members of their families in the limits set by the law of powers, and also protection of their working buildings and residences.

(2) Execution of service as the officer of protection with special rank (further - the officer of protection) in Service is special form of public service on implementation of the rights and obligations of Service in the field of state security.

(3) the Service submits to the President of the Republic of Moldova.

Article 2. Basic concepts

In this law the following basic concepts are used:

security measures - set of organizational measures, measures of physical protection, anti-terrorist protection and anti-terrorist reaction, chemical, biological, radiological, nuclear protection (HBRYa), maintenance and escort of vehicles, security actions and check measures, information and cybernetic protection, the investigative and operating-technical actions performed by Service for the purpose of accomplishment of the obligations;

security action – set of the measures and security tests necessary for ensuring security status of persons having the right to the state protection;

persons having the right to the state protection, high-ranking officials of the Republic of Moldova, high-ranking officials of foreign states during their stay in the Republic of Moldova, members of their families to whom protection according to this law is provided;

the protected working buildings and residences - buildings in which work constantly or temporarily live the persons having the right to the state protection, and adjoining to them the territory;

security test - set of actions for survey, check or testing of objects (products, devices, the equipment, devices, installations, constructions, vehicles) used or held for use persons having the right to the state protection, the carried-out for the purpose of detection, identification and withdrawal of destructive devices, firearms, ammunition, stupid or cutting objects or other dangerous objects, and also of determination of safety of these objects for life and health of persons having the right to the state protection from the point of view of sanitary and epidemiologic, ecological danger or danger of the ionizing radiation;

the conservation zone - the perimeter equipped with means of physical and/or engineering supervision of access, separated by the conventional signs limiting or forbidding access to this sector for the purpose of holding security actions and ensuring protection of buildings and residences of persons having the right to the state protection.

Article 3. Legal basis

The legal basis of activities of Service are the Constitution of the Republic of Moldova, the Law on state security, the Law on the state security agencies, this law and other regulations, and also the international agreements, one of the parties of which is the Republic of Moldova.

Article 4. Basic principles

Activities of Service are based on the principles:

a) legality;

b) equalities of all before the law;

c) observance of the rights, freedoms and legitimate interests of the person;

d) interactions and cooperation;

e) combinations of public and secret methods of activities;

f) personal responsibility;

g) one-man management;

h) extra party membership;

i) submission to control and podnadzornost.

Article 5. Cooperation at the national and international levels

(1) For the purpose of accomplishment of the obligations assigned to it the Service cooperates with the Ministry of Internal Affairs, Service of information and safety, the Ministry of Defence, the Ministry of Foreign Affairs and European Integration, other bodies of the central and local public authority, societies and organizations of any form of business, physical persons, and also with similar organizations of other states, including with the profile international organizations.

(2) Listed in part (1) organizations, except for similar organizations of other countries, and also the profile international organizations, shall render to Service within the competence established by the law necessary assistance in case of execution by it of the obligations provided by the law.

Chapter II. Persons having the right to the state protection. The protected working buildings and residences

Article 6. Persons having the right to the state protection

(1) the President of the Republic of Moldova, the Chairman of the parliament and the Prime Minister treat the high-ranking officials of the Republic of Moldova having the right to the state protection.

(2) During the term of office of the President of the Republic of Moldova, the Chairman of the parliament and the Prime Minister protection is provided also to members of their families (the spouse/spouse, children).

(3) the President of the Republic of Moldova disposes about provision of protection and to other high-ranking officials, other persons and/or members of their families (the spouse/spouse, children) by the written request of the interested organizations or on the initiative in case of detection of threat or in the presence of information on the organization of actions which can threaten their life, physical integrity, freedom of action and health.

(4) Protection of the high-ranking officials of the Republic of Moldova provided by this law outside the national territory is provided with structure of Service in cooperation with the special services of the host country having similar obligations.

(5) during their stay in the Republic of Moldova protection according to the national legal system and international treaties which party is the Republic of Moldova is provided to High-ranking officials of foreign states and members of their families (the spouse/spouse, children) if they have the status of person having the right to the state protection in country of source. By the written request of the interested organizations in case of detection of threat or in the presence of information on the organization of actions which can threaten their life, physical integrity, freedom of action and health the director of Service disposes about provision of protection to both other high-ranking officials of foreign states and members of their families (the spouse/spouse, children) who are in the territory of the Republic of Moldova on a visit for the term which is not exceeding 30 calendar days with informing the President of the Republic of Moldova.

(6) Persons specified in part (1), can refuse for a period of up to 30 calendar days the provided protection and/or protection once a year, having in writing notified on the refusal the director of Service, except for time on which the emergency, obsidional or warlike situation, either in case of detection of threat or in the presence of information on the organization of actions which can threaten their life, physical integrity, freedom of action and health is announced. Persons specified in parts (2), (3) and (5), can refuse for a period of up to 30 calendar days once a year or refuse completely the provided protection and/or protection, having in writing notified on it the director of Service.

(7) Provision, suspension or the termination of the state protection, the period, format and the level of safety established for persons having the right to the state protection are determined by Service by means of the administrative act.

Article 7. The protected working buildings, residences and objects

The list of the working buildings, residences and objects protected by Service is established by the presidential decree of the Republic of Moldova.

Chapter III. Management and organization of Service

Article 8. Management of Service

(1) Management of Service is performed of the director who is appointed to position and is dismissed by the President of the Republic of Moldova.

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