of September 1, 2008 No. 1016
About approval of the Regulations on methodology of calculation of the income for the purpose of receipt of the qualified legal aid guaranteed by the state
For the purpose of implementation of article 21 of the Law No. 198-XVI of July 26, 2007 on the legal aid guaranteed by the state (The official monitor of the Republic of Moldova, 2007, Art. No. 157-160, 614) DECIDES: the Government
Regulations on methodology of calculation of the income for the purpose of receipt of the qualified legal aid guaranteed by the state according to appendix No. 1;
The standard declaration on the income according to appendix No. 2.
2. Determine that the qualified legal aid guaranteed by the state is provided to persons whose average monthly income is lower than subsistence minimum on one resident of the country in general. Calculation of the average monthly income is perfromed based on the data calculated by National bureau of statistics according to Regulations on procedure of payments of the subsistence minimum approved by the Order of the Government No. 902 of August 28, 2000. (Official monitor of the Republic of Moldova, 2000, No. 115, Art. 1002).
First Deputy Prime Minister, Minister of Economy and Trade
Minister of Justice
to the Order of the Government of the Republic of Moldova of September 1, 2008 No. 1016
1. This provision establishes methodology of calculation of the income for the purpose of receipt of the qualified legal aid guaranteed by the state. The average monthly income of one person which grants to it the right to the qualified legal aid guaranteed by the state (further - the average monthly income) is part of the average monthly income of all family and represents the amount of the means received in cash or in nature for certain period of time in the form of paid labor earnings, from all types of business activity, hiring of personal and real estate, social payments in cash or in nature, the income from agricultural or livestock products of peasant farms and the home parcel of land, the income from activities of the notary, the lawyer and mediator, income gained not from remunerative work, and also other current incomes.
2. In case of determination of the average monthly income the average monthly income for 6 calendar months preceding month of the request for the help is considered.
3. Level of the average monthly income is calculated from the average monthly income of family divided into family members.
4. The family in sense of this provision is understood jointly as the living persons conducting joint economy and having the general budget.
5. The income in the place of the main work or part-time job in the form of the salary, including allowances, awards and other payments, the income in the place of military service (military personnel), the income in the place of study belongs to income gained from remunerative work.
6. Other income types, received by persons according to the performed labor activity which join in calculation of the average monthly income, are:
a) compensation of loss in case of the disability connected with mutilation or other damage of health;
b) financial support in monetary and natural value;
c) the amounts equivalent to food cost, and other compensation payments received by workers of some industries of economy.
7. The income of the military personnel, the private and the commanding structure of bodies of national defense, state security and protection of public order join monetary pay, allowances and additional payments, financial support, awards, compensations, and also the food allowance and regimentals or the amounts paid instead of this food allowance, established according to the current legislation.
8. The grants of doctoral candidates, students of the highest and average special educational institutions (colleges), pupils of professional schools, and also the grants established and paid from means of charity foundations, the companies, public organizations and other sources belong to the income in the place of training.
9. When calculating the average monthly income of person the following income gained from unpaid work is considered:
a) in the form of the fee, including for opening, inventions, industrial designs and improvement suggestions, and also creation, the edition, execution or other use of literary works and art; the amounts of remunerations received for accomplishment of public functions not on permanent basis (the electoral commissions, trade-union activities etc.);
b) in the form of prizes on lotteries, the government and municipal bonds;
c) from insurance;
d) according to the procedure of inheritance and donation in monetary or natural value;
e) from realization of the personal and real estate belonging on the property right;
f) in the form of the charitable help from non-profit organizations;
g) in the form of dividends;
h) in the form of the alimony received according to the current legislation;
i) in the form of money transfers from the family members working outside the Republic of Moldova;
k) in the form of the money allocated for education of children in the orphanages of family type, foster homes, families having children under guardianship.
10. When calculating the average monthly income of person the following social payments received by it are considered:
a) the pensions, benefits and other compensation payments and allowances to pensions appointed according to the current legislation and also the amounts of the additional pensions paid from the optional pension funds;
b) temporary disability benefits; benefits on motherhood (pregnancy and childbirth); benefits to families with children (on child care, guardianship, guardianship, etc.), the public welfare payments rendered to able-bodied persons which look after in house conditions the child with limited opportunities aged to 18 years with defeat of the I degree and person with heavy restriction of opportunities since the childhood provided that these persons are not on complete state providing;
c) the unemployment benefits and payments connected with professional integration or reintegration of the unemployed;
d) social benefits and compensations, except specified in Item 12 of this provision, established by the current legislation;
11. When calculating the average monthly income of person income gained from agricultural or livestock products of peasant farms and home subsidiary farms is considered.
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