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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 18-06-2019)

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, protective, security measures, the check, technical and operational, investigative measures 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) which are in use or held for use persons having the right to the state protection for the purpose of determination of data security of objects for life and health of protected persons with sanitary and hygienic, epidemic, ecological, radiation and the other points of view.

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 interacts 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 render necessary assistance to Service within the competence established by the law performed by it 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, the Prime Minister, and also the former President of the Republic of Moldova, the former Chairman of the parliament and the former Prime Minister during the period established by the legislation 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.

(3) the President of the Republic of Moldova by the written request of the interested organizations or on the initiative disposes about provision of protection and to other high-ranking officials or members of their families in case of detection of threat or availability 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. By the written request of the interested organizations the director of Service can dispose about protection provision to other foreign high-ranking officials who are in the territory of the Republic of Moldova on a visit for the period which is not exceeding 30 calendar days with informing the President of the Republic of Moldova.

(6) Persons specified in parts (1) - (5), the provided protection having the right to refuse from for limited term, having notified on it in writing the director of Service, except for time on which the emergency, obsidional or warlike situation is announced.

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.

(2) the Director of Service is helped by his deputy who is appointed to position and is dismissed by the President of the Republic of Moldova.

(3) the Director of Service and his deputy hold responsible state positions by appointment.

(3-1) To position of the director or deputy director of Service persons concerning whom the prohibition on occupation of the state position or responsible state position following from the stating act of National authority on integrity is established cannot be designated.

(4) Within Service the Board which is consultative body for the organization of activities of Service is created and is effective.

(5) the Board of Service consists of 11 members. The structure of Board affirms the presidential decree of the Republic of Moldova according to the proposal of the director of Service.

(6) the Meeting of Board is competent if at least two thirds of her members participate in it. The procedure of activities of Board is provided by the internal regulations approved by the director of Service.

(7) Decisions of Board are made by a majority vote her members, are registered and will be promulgated in the form of orders of the director of Service.

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