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LAW OF THE REPUBLIC OF MOLDOVA

of September 17, 2010 No. 221

About privatization of public periodicals

(as amended of the Law of the Republic of Moldova of 16.03.2018 No. 31)

The parliament adopts this organic law.

Confirming

commitment of the Republic of Moldova to international standards and the best practice in the field of freedom of expression of mass media,

need of protection by public bodies and organizations of the loyal competition in the field of seal, suppression of any attempt of its restriction,

based on article 72 of the Constitution of the Republic of Moldova

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject and scope of the law

This law is applied to public periodicals, including:

a) to the periodical "The official monitor of the Republic of Moldova";

b) to official monitors of areas, municipiums and autonomous territorial education Gagauzia;

c) to other periodicals included in the List of public periodicals of the Appendix "List of Objects, Not Privatizeable" to the Law on management of public property and its privatization.

Article 2. Basic concepts

For the purpose of this law the following concepts are used in value:

the periodical - the newspaper, the magazine, the almanac, the bulletin or other edition having the permanent name and issued two or several times within year;

the public periodical - the periodical which release is performed by the legal entity and the founder or the cofounder of which are:

a) Parliament, President of the Republic of Moldova or Government;

b) central industry body of public management or body of the central public management;

c) body of local public authority;

d) other body created by the state on behalf of body of the public power for the purpose of implementation of powers on management and also welfare and other powers of non-commercial nature;

e) the public organization financed in full or partially from the government budget;

f) the commercial organization financed in full or partially from the government budget.

Article 3. Purposes of privatization of public periodicals

Privatization of public periodicals is performed for the purpose of:

a) guaranteeing in the conditions of political pluralism of freedom of expression and access of the population to information that will promote free forming of public opinion;

b) strengthenings of publishing and creative independence of periodicals;

c) harmonizations of proportions of public property with functions of the state and administrative and territorial units;

d) developments of the competition in the field of periodicals;

e) investment attraction to the sphere of periodicals and providing in it effective management.

Article 4. Legislation on privatization of public periodicals

(1) the Legislation on privatization of public periodicals includes the Constitution of the Republic of Moldova, the international agreements, one of the parties of which is the Republic of Moldova, the Law on management of public property and its privatization, others legislative and regulations.

(2) in the field of privatization of public periodicals the Law on management of public property and its privatization is applied as the fundamental law in part in which it does not contradict this special law.

Article 5. Registration of public periodicals

(1) the Official monitor of the area, municipium or autonomous territorial education Gagauzia can be registered only by non-profit organization with the status of public organization.

(2) Public periodicals are registered in the Agency of the state services in terms and according to the procedure established in the Law on public associations No. 837/1996 and the Law on state registration of legal entities and individual entrepreneurs No. 220/2007, at the same time the last is applied only in that measure in what it does not contradict the first.

(3) Voided according to the Law of the Republic of Moldova of 16.03.2018 No. 31

(4) also public periodicals distributed through networks of electronic communications are subject to Registration.

(5) registration Is forbidden:

a) the public periodicals which are not included in the List of public periodicals, stipulated in Item c) in Article 1;

b) official monitors of areas, municipiums and autonomous territorial education Gagauzia if the charter of these periodicals provides publication other, than established by part (3) Articles 7, information;

c) two or several official monitors of the area, municipium or autonomous territorial education Gagauzia.

(6) budget financing and the edition of the public periodicals which are not registered in the State register of legal entities Is forbidden.

Chapter II. Privatization of public periodicals

Article 6. Methods of privatization of public periodicals

Public periodicals can be exposed to privatization in the way:

a) reorganization in the official monitor of the area, municipium or autonomous territorial education Gagauzia;

b) privatizations;

c) liquidations.

Article 7. Reorganization of public periodicals in official monitors

(1) Public periodicals are subject to reorganization in official monitors according to the procedure, provided by parts (1) - (5) Article 5 based on the decision, depending on circumstances, regional council, local government board or body of local public authority of the second level of autonomous territorial education Gagauzia.

(2) According to the civil legislation reorganization of public periodicals is performed by reorganization of commercial societies in public organizations.

(3) Gagauzia are published In official monitors of areas, municipiums and autonomous territorial education:

a) the acts of normative and individual nature accepted by bodies of local public authority;

b) information which publication is provided by the current legislation.

Article 8. Procedure for privatization of public periodicals

(1) Public periodicals are privatized by carrying out investment tender on the basis of individual projects (further - tender).

(2) Provisions of the existing regulations on the organization and carrying out tender are applied in part in which it does not contradict this law.

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