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LAW OF THE REPUBLIC OF MOLDOVA

of December 8, 1992 No. 1225-XII

About recovery of victims of political repressions

(as amended on 09-06-2022)

Since November 7, 1917 in the territory of the present Republic of Moldova, in the beginning in the Moldavian Autonomous Soviet Socialist Republic, and since June 28, 1940 and in the Moldavian Soviet Socialist Republic, state bodies in the period of totalitarian regime make number of mass political repressions.

In the course of hearing of cases in the period of totalitarian regime by the state administrative, judicial and extrajudicial bodies (VChK, GPU of OGPU, People's Commissariat for Internal Affairs, MGB, KGB, prosecutor's office and their board, "two", "three", "special meetings", other bodies with similar functions) roughly violated the rights and freedoms of citizens.

Parliament, resolutely condemning the political repressions made by the state administrative, judicial and extrajudicial bodies in the period of totalitarian regime and violation of rules of law and morals by them, adopts this law for the purpose of recovery of victims of repressions, their recovery in the political, social and civil laws, compensations of the caused material damage, and also elimination of other consequences of arbitrary behavior of totalitarian regime by it.

Chapter I General provisions

Article 1. Concept of political repression

The deprivation of people of life, enforcement powers applied by the state to citizens for political, national, religious or social motives, in the form of imprisonment, the reference, dispatch, the direction for forced labor in the conditions of restriction of freedom, expulsion from the country and deprivation of nationality, expropriation, the forced placement to mental health facilities, in other forms of restriction of the rights and freedoms of persons recognized socially dangerous to the state or political regime, performed based on decisions of the state administrative, judicial and extrajudicial bodies are considered as political repression.

Article 2. Victims of political repressions

As the victims of political repressions are considered:

persons, victims of the political repressions specified in Article 1;

persons in relation to whom decisions on political repression, but to which direct repression managed to avoid, including thanks to departure out of republic limits were made;

members of families of repressed persons, including the children who were born in places of repressions or on the way to them, the persons forced or forced to follow the parents, relatives, guardians in the reference or places of special content or which were left without their care and also children of persons executed as a result of political repressions.

Executive committees and primeriya of municipiums issue the corresponding certificates to the victims of political repressions in the place of their permanent residence.

Article 3. Principles of rehabilitation

Are found not guilty and subject to rehabilitation before society with recovery in the rights irrespective of their this residence all persons who during the period were subjected from November 7, 1917 to June 23, 1990 to political repressions in the present territory of the Republic of Moldova, and also citizens of the Republic of Moldova who were subjected to political repressions in the territory of other state:

a) are repressed based on decisions of judicial or extrajudicial authorities (VChK, GPU - OGPU, People's Commissariat for Internal Affairs, MGB, KGB, prosecutor's offices and their boards, "two", "three", "special meetings" and other bodies with similar functions) for "counterrevolutionary activities", "high treason", "distribution of the slanderous fabrications discrediting the political and social order" and other "high treasons", "violation of the laws and rules about disestablishment and schools from church", "infringement of the personality and the right of citizens under the guise of execution of religious practices";

b) are condemned for failure to pay taxes or failure to carry out of the plan of delivery of bread to the state based on Articles 58, 58-1, 58-2 of the Criminal code of the Ukrainian SSR (in edition of 1927);

c) are placed according to the decision of judicial or extrajudicial authorities for forced treatment in mental health facilities for political, national, religious or social motives;

d) expropriations are subjected, deported or sent from Moldavian to the ASSR and the Moldavian SSR based on decisions of administrative authorities under the pretext of fight against fists, opponents of collectivization or so-called bandits and their families, and also owing to accusation in cooperation with "the occupational bourgeois and landowner mode";

e) are involved in forced labor in the conditions of restriction of freedom, including in labor colonies of People's Commissariat for Internal Affairs and disciplinary battalions;

f) are concluded in state concentration or filtrational the camp, are condemned to imprisonment, are banished or directed to forced labor in the conditions of restriction of freedom for participation, being mobilized in World War II;

g) are condemned or executed for evasion for political or religious motives from service in the ranks of Red Army;

h) are discharged from office or are expelled from educational institutions for political, national, religious or social motives;

i) are condemned for participation in public demonstrations for declaration of sovereignty and independence of the Republic of Moldova or concerning which criminal cases were brought in connection with the same actions, and then are stopped without the rehabilitating bases if these persons did not commit criminal offenses.

Article 4. Persons which are not subject to rehabilitation

The rehabilitations of person which are legally condemned for making of crimes of genocide against the world, mankind or criminal offenses, and also the persons found guilty of falsification of criminal cases during this period or who were directly participating in political repressions are not subject even if they were repressed subsequently.

Chapter II Procedure of rehabilitation

Article 5. Statements for rehabilitation

The application for rehabilitation is submitted by repressed person or other physical persons or legal entities:

in the Ministry of Internal Affairs - concerning persons specified in Items d) and e) Article 3;

in the Prosecutor General's Office - concerning persons specified in Items and), b), c), f), g) and i) Article 3;

in district, municipal (sectoral) court - concerning persons specified in Item h) Article 3.

Applications for rehabilitation are considered in three-months time from the date of their giving.

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