Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF MOLDOVA

of December 23, 1994 No. 344-XIII

About special legal status of Gagauzia (Gagauz Erie)

(as amended on 08-05-2003)

Being guided by the principles of the Constitution of the Republic of Moldova;

showing good will and aspiration to keep for centuries the developing kind relations between the people;

for the purpose of satisfaction of national requirements and preserving identity of Gagauz, their most complete and all-round development, enrichment of language and national culture, ensuring political and economic independence;

considering that primary carrier of the status of Gagauzia (Gagauz Erimesto where Gagauz live) are the small Gagauz people which are compactly living in the territory of the Republic of Moldova;

in view of priority of human rights, need of combination of universal and national interests;

confirming equality of all citizens living in the created territorial autonomous education irrespective of national identity and other signs,

The parliament adopts this law.

Art. 1. - (1) Gagauzia (Gagauz Erie) is territorial autonomous education with special status as form of self-determination of Gagauz, being component of the Republic of Moldova.

(2) Gagauzia within the competence independently resolves issues of political, economic and cultural development for the benefit of all population.

(3) in the territory of Gagauzia all rights and freedoms provided by the Constitution and the legislation of the Republic of Moldova are guaranteed.

(4) in case of change of the status of the Republic of Moldova as independent state the people of Gagauzia have the right to external self-determination.

Art. 2. - Control in Gagauzia is exercised on the basis of the Constitution of the Republic of Moldova, this law and other laws of the Republic of Moldova (with exceptions, provided by this law) which are not contradicting them Codes of Gagauzia and regulations of People's Assembly (Hulk Toplusha) of Gagauzia.

Art. 3. - (1) Official languages of Gagauzia are the Moldavian, Gagauz and Russian languages. Along with official languages in the territory of Gagauzia functioning and other languages is guaranteed.

(2) Correspondence with the bodies of public management of the Republic of Moldova, the companies, the organizations and organizations located outside Gagauzia is performed in the Moldavian and Russian languages.

Art. 4. - Gagauzia has the symbolics which is applied along with the state symbolics of the Republic of Moldova.

Art. 5. - (1) settlements in which Gagauz constitute more than 50 percent of the population are part of Gagauzia.

(2) Settlements in which Gagauz constitute less than 50 percent of the population can be included in structure of Gagauzia on the basis of the free majority rule of voters revealed by the local referendum held at the initiative of at least one third of voters of the respective settlement.

(3) Inclusion in structure of Gagauzia of the settlements specified in parts (1) and (2) this Article, it is made by results of the local referendum held by the Government of the Republic of Moldova in each settlement.

(4) the Settlements which were part of Gagauzia reserve the exit right from its structure by the local referendum held at the initiative of at least one third of voters, but not earlier than one year from the moment of entry into structure of Gagauzia.

Art. 6. - The earth, subsoil, the waters, plant and animal life, other natural resources, personal and real estate which are in the territory of Gagauzia are property of the people of the Republic of Moldova and at the same time economic basis of Gagauzia.

Art. 7. - Representative body of Gagauzia is the People's Assembly having rights of adoption of regulations within the competence.

Art. 8. - (1) the People's Assembly of Gagauzia is elected on territorial districts for a period of four years on the basis of general, equal, direct suffrage in case of secret and free vote.

(2) the Number of deputies of People's Assembly shall not exceed one from each five thousand voters, but each settlement shall have at least one deputy.

(3) the citizen of the Republic of Moldova who reached 21 years, living at the time of elections in the territory of the territorial district (settlement) represented to them can be the Deputy of People's Assembly.

Art. 9. - The provision of the deputy of the People's Assembly of Gagauzia holding paid position is incompatible with any other paid position in other local authorities, public organizations and entrepreneurial structures.

Art. 10. - (1) At the first meeting the People's Assembly of Gagauzia elects the Chairman of People's Assembly (Hulk to Toplush Bashi), his deputies, the Presidium also approves Regulations of People's Assembly.

(2) One of vice-chairmen of People's Assembly is elected from among deputies of other ethnic origin by what Gagauz.

Art. 11. - (1) within the competence the People's Assembly of Gagauzia adopts the local laws by a majority vote of the elected deputies.

(2) the Code of Gagauzia is accepted by two thirds of voices of the elected deputies.

Art. 12. - (1) adoption of the regulations obligatory to execution in the territory of Gagauzia, and the Code of Gagauzia is Within the competence of People's Assembly.

(2) the People's Assembly adopts the local laws in the area:

a) sciences, cultures, educations;

b) housing and communal services, improvement;

c) health cares, physical culture and sport;

d) local budget and financial and tax activities;

e) economy and ecology;

f) employment relationships and social security.

(3) Besides, is within the competence of People's Assembly:

a) the decision in the procedure for questions of the territorial device of Gagauzia, establishment and change of category of settlements, borders of areas, cities and villages determined by the law, their names and renaming;

b) participation in implementation of domestic and foreign policy of the Republic of Moldova on the questions concerning interests of Gagauzia;

c) determination of procedure for the organization and activities of bodies of local public authority of Gagauzia and associations of citizens, except for batches and other social and political organizations;

d) appointment, the organization and elections of deputies to People's Assembly and statement of structure of Central Election Commission on elections; calling of an election in bodies of local public authority of Gagauzia;

e) holding local referendum on the questions carried to competence of Gagauzia;

f) approval of regulations on symbolics of Gagauzia;

g) establishment of honorary titles and approval of awards;

h) consideration of question and exit with initiative in Parliament of the Republic of Moldova about the announcement in the territory of Gagauzia of emergency state and about introduction in the specified case of the special form of government for the purpose of protection and safety of the population of Gagauzia;

i) the address right in the procedure established by the law in the Constitutional court of the Republic of Moldova with question of recognition invalid regulations of legislative and executive power of the Republic of Moldova in case of violation of powers of Gagauzia by them.

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