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LAW OF THE REPUBLIC OF MOLDOVA

of December 27, 2001 No. 761-XV

About diplomatic service

(as amended on 16-12-2020)

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Basic provisions

(1) This law establishes the legal basis of the organization and functioning of organizations of diplomatic service of the Republic of Moldova as parts of public service.

(2) the Legal basis of diplomatic service is constituted the Constitution of the Republic of Moldova, this law, the international agreements, one of the parties of which is the Republic of Moldova, including the Vienna convention on the diplomatic intercourses of April 18, 1961 and the Vienna convention on the consular intercourses of April 24, 1963, and also other regulations.

Article 2. Diplomatic service

For the purposes of this law the diplomatic service is understood as set of diplomatic and consular establishments of the Republic of Moldova, and also their activities for the purpose of realization of the purposes delivered before them according to this law.

Article 3. Purposes of diplomatic service

The diplomatic service has the following main objectives:

a) implementation of foreign policy of the Republic of Moldova and participation in promotion of its economic interests;

b) protection and promotion internationally national interests of the Republic of Moldova;

c) implementation of the sovereign rights of the Republic of Moldova in the international relations;

d) protection of the rights and interests of the Republic of Moldova, her citizens and legal entities from the Republic of Moldova according to the international practice and in the limits allowed by regulations and the principles of international law;

e) assistance to bilateral and multilateral political, commercial, commercial, cultural, scientific ties of the Republic of Moldova with the states of the world, and the international organizations, settlement of possible political and legal problems with them;

f) forming of necessary diplomatic qualities for the prevention, actions and responses to the international events capable to cause damage to interests of the Republic of Moldova;

g) ensuring coordination and unity of actions of the Republic of Moldova in the external plan;

h) creation of favorable image of the Republic of Moldova abroad;

i) promotion of international law;

j) promotion of human rights and freedoms;

k) implementation by diplomatic methods and means of specific actions for providing the universal and regional peace and safety.

Article 4. Main functions of organizations of diplomatic service

(1) Organizations of diplomatic service have the following main functions:

a) development and implementation of concepts, strategy and main directions of foreign policy of the Republic of Moldova;

b) exclusive coordination of activities of the central industry bodies and other bodies public the authorities of the republic Moldova for the purpose of ensuring implementation of single policy in the field of the international relations;

c) the analysis of political and economic situation in the world, foreign and domestic policy of foreign states, activities of the international organizations;

d) informing bodies public the authorities of the republic Moldova according to their competence about the international events important for the country;

e) assistance and protection to citizens of the Republic of Moldova (its physical persons and legal entities) which are located abroad, within, provided by international law;

f) representation of the Republic of Moldova in the relations with other states and with the international organizations;

g) the organization and participation in negotiations on the conclusion of international treaties with other states and with the international organizations;

h) contribution to free functioning of foreign diplomatic and consular representations in the territory of the Republic of Moldova, and also ensuring control of observance of their diplomatic and consular privileges and immunities;

i) ensuring deposition, registration, accounting and storage of international treaties of the Republic of Moldova;

j) providing the state protocol;

k) taking measures to observance, development and initiation of changes of the national legal system on external activities, generalization of practice of its application;

l) professional training and enhancement of personnel of organizations of diplomatic service;

m) implementation of other functions, stipulated by the legislation.

(2) Organizations of diplomatic service perform the consular functions provided by the Consular charter approved by the Government.

Article 5. System of organizations of diplomatic service

(1) the System of organizations of diplomatic service consists of the following structures:

a) The Ministry of Foreign Affairs and European Integration having the status of the central body;

b) diplomatic representations, including permanent missions under the international organizations, delegations, ad hoc missions;

c) consular establishments;

d) other organizations created for the purpose of ensuring activities of organizations of diplomatic service, including preparation and enhancement of their personnel.

(2) the Organizations specified in part (1), constitute single system of diplomatic service under the leadership of the Minister of Foreign Affairs - the head of diplomacy of the Republic of Moldova.

(3) the following ranks are appropriated to Diplomatic representations by the President of the Republic of Moldova:

I - embassy under the leadership of the ambassador extraordinary and plenipotentiary or permanent mission under the leadership of the permanent representative;

II - mission under the leadership of the envoy;

III - mission under the leadership of the chargê d'affaires.

(4) the following classes are appropriated to Consular establishments by the Government:

I - consulate generals;

II - consulates;

III - vice-consulates;

IV - the consular agencies.

Article 6. Functioning and material security of organizations of diplomatic service

(1) For ensuring functioning of organizations of the diplomatic service Government approves their structure and regulations on functioning, and the Ministry of Foreign Affairs and European Integration issues orders, orders and approves instructions and domestic situations.

(2) Diplomatic representation of the Republic of Moldova its head - the ambassador extraordinary and plenipotentiary, either the permanent representative, or the delegate, or the envoy, or the chargê d'affaires or the chargé d'affaires ad interim bearing responsibility for activities of organization which directs directs.

(3) Consular establishment of the Republic of Moldova its head - the consul general, either the consul, or the vice consul, or the consular agent, or the acting as the head of consular establishment bearing responsibility for activities of organization which directs directs.

(4) Creation, abolition and change of rank of diplomatic representations are initiated by the Ministry of Foreign Affairs and European Integration and affirm the President of the Republic of Moldova on government proposal.

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