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The document ceased to be valid since October 23, 2020 according to the General Order of Service of information and safety of the Republic of Moldova of September 15, 2020 No. 53/405/83/307

It is registered

Ministry of Justice

Republic of Moldova

No. 583 of July 18, 2008

JOINT ORDER OF SERVICE OF INFORMATION AND SAFETY OF THE REPUBLIC OF MOLDOVA, MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF MOLDOVA AND CENTER FOR FIGHT AGAINST ECONOMIC CRIMES AND CORRUPTION OF THE REPUBLIC OF MOLDOVA

of July 14, 2008 No. 44/249/91

About approval of the Instruction about procedure for the organization and conducting investigation and search operations in networks of electronic communications

It is approved

Prosecutor General's Office of the Republic of Moldova

It is approved

The highest trial chamber

Republic of Moldova

It is approved

National agency

on regulation in the area

electronic communications and

information technologies

1. Approve the Instruction about procedure for the organization and conducting investigation and search operations in networks of electronic communications it (is applied).

2. To service of information and safety, the Ministry of Internal Affairs, the Center for fight against economic crimes and corruption in 5-day time to appoint the employees responsible for ensuring vendor interaction of networks and/or services of electronic communications in case of the organization of investigation and search operations in networks of electronic communications and to tell their data to suppliers of networks and/or services of electronic communications.

3. This order becomes effective from the date of publication in the Official monitor of the Republic of Moldova, except for Item 19 of the instruction which will become effective on January 1, 2010.

4. In day of entry into force of this order the joint order of Service of information and safety, the Ministry of Internal Affairs, Center for fight against economic crimes and corruption N 23/138/39 of April 12, 2007 "About approval of the Instruction about procedure for the organization and conducting investigation and search operations in the fixed and mobile networks of telephone communication" is repealed (The official monitor of the Republic of Moldova, 2007, N 90-93, Article 413), with subsequent changes and amendments.

 

DIRECTOR OF SERVICE

INFORMATION AND SAFETY

 

Artur Reshetnikov

MINISTER OF INTERNAL AFFAIRS

Valentin Mezhinski

DIRECTOR OF THE CENTER FOR FIGHT

WITH ECONOMIC

CRIMES AND CORRUPTION

 

 

Serdzhiu Pushkutsa

Appendix

to the Joint order of Service of information and safety, the Ministry of Internal Affairs and Center for fight against economic crimes and corruption of July 14, 2008 No. 44,249,91

The instruction about procedure for the organization and conducting investigation and search operations in networks of electronic communications

I. General provisions

1. This instruction is developed based on part (2) article 4 of the Law on operational search activities N 45-XIII of April 12, 1994, part (3) article 20 of the Law on electronic communications N 241-XVI of November 15, 2007, other regulations and the procedure for the organization of conducting investigation and search operations "Listening of telephone and other negotiations", "Control of cable and other messages", "Removal of information from organizations of electronic communications" in networks of electronic communications regulates.

2. Investigation and search operations in networks of electronic communications (further - investigation and search operations) are performed with observance of rules of conspiracy according to provisions of article 8 of the European convention on human rights protection and the fundamental freedoms, the International requirements and rules of the user entered by Resolutions of the Council of the European Union of January 17, 1995 about legal listening of telecommunications (96/C 329/01) and N 9194/01 of June 20, 2001 about operational needs of law enforcement agencies of rather public telecommunication networks and the services ENFOPOL 55, of articles 4 and 30 of the Constitution of the Republic of Moldova, Articles 303 and 304 of the Code of penal procedure of the Republic of Moldova, according to the laws on operational search activities, on Service of information and safety of the Republic of Moldova, on police, on the Center for fight against economic crimes and corruption, other regulations and this instruction.

II. Conducting investigation and search operations "Listening of telephone and other negotiations" and "Control of cable and other messages"

4. Investigation and search operations "Listening of telephone and other negotiations" and "Control of cable and other messages" (daleeproslushivaniye of negotiations) are authorized and conducted according to the Law on operational search activities, Articles 303 and 304 of the Code of penal procedure of the Republic of Moldova, the International requirements and rules of the user (specified in Item 2).

5. Investigation and search operations, stipulated in Item the 4th this instruction, are conducted only by Service of information and safety of the Republic of Moldova (further - SIB), the Ministry of Internal Affairs (further - the Ministry of Internal Affairs) and the Center for fight against economic crimes and corruption (further - TsBEPK) within the law and only in need cases for the purpose of ensuring national security, public order, economic well-being of nation, maintenance of legal order, prevention and disclosure of heavy, especially heavy and extremely serious crimes, for health protection, protection of morality or protection of the rights and freedoms of other persons.

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