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LAW OF THE REPUBLIC OF MOLDOVA

of February 6, 1997 No. 1101-XIII

About national guards

(as amended of the Law of the Republic of Moldova of 01.07.2016 No. 152)

The parliament adopts this law.

This law regulates procedure for participation of citizens in maintenance of public order and prevention of offenses by the organization of national guards.

Chapter I General provisions

Article 1. Main objectives of national guards

The main objectives of national guards are safety and protection of legitimate interests of citizens, every possible assistance to law enforcement agencies in maintenance of public order, the prevention and suppression of offenses.

Article 2. Legislation on activities of national guards

(1) the Legislation on activities of national guards is based on the Constitution and consists of this law and other regulations adopted according to it.

(2) the Employment and other relations following from implementation of activities of national guards, which are not stipulated by this law are regulated by the relevant legislation.

Chapter II Organization of activities of national guards

Article 3. Procedure for creation of national guards

(1) National guards are created at the companies, in organizations, the organizations, and also at the place of residence of citizens according to the decision of bodies of local public authority who approve their education at organizational meeting of persons wishing to enter national guard.

(2) can enter national guards according to the application in person submitted voluntarily, citizens of the Republic of Moldova are not younger than 18 years capable for health reasons to both the business and moral qualities to carry out the tasks set for them.

(3) Each national guard is headed by the commander of guard and his deputy elected on general meeting of members of guard for a period of one year.

(4) the Administration of the company, organization, organization on which the national guard is created can enter paid position of the commander of national guard or establish surcharges to its official pay rate.

(5) At the companies, in organizations and the organizations with large number working, students or pupils national guards of branches, workshops, departments, sites, faculties, etc., and also headquarters for management of these guards can be created.

(6) Abolition or reorganization of national guards is made according to the decision of bodies of local public authority.

Article 4. Management of national guards

(1) the Common directorship national guards is performed of bodies of local public authority.

(2) Organa of public management and officials render every possible assistance to work of national guards, providing them the versatile help in strengthening of public order and fight against offenses.

(3) Organa of local public authority, performing within the competence management of national guards, will organize and direct their activities, take proper measures on respecting the rule of law, coordination and improvement of interaction of national guards with bodies of public management, authorized to protect law and order, hear messages concerning work of guards and reports of commanders of guards and chiefs of headquarters, resolve issues of material logistics of guards.

(4) For the purpose of optimum management of activities of national guards bodies of local public authority can form the headquarters of the national guards created in their territory.

(5) Organa of local public authority charge implementation of functions on management of the headquarters to one of employees of the office of district executive committee or primeriya of the city, municipium.

(The Member of national guard who requested release him from these obligations is disposed 6) from ranks of guard.

(7) the Member of national guard who made the offense incompatible with stay in ranks of national guard, or neglecting the obligations is excluded from national guard.

(8) the Decision on exception is made on general meeting of members of national guard or meeting of the headquarters of guard.

(9) Person which was disposed from national guard shall hand over the certificate and the breastplate.

Article 5. Functions of the commander of national guard

Operational management of work of national guard is performed by her commander who:

a) will organize interaction with law enforcement agencies and headquarters of other national guards;

b) plans work of guard, instructs her members and controls their activities, records results of work of all guard and each her member, prepares materials concerning the organization and activities of guard for their discussion on general meeting of members of guard;

c) will organize studying by members of national guard of forms and methods of work, the current legislation, conducts classes in physical training of members of guard, generalizes and extends positive experience;

d) brings in bodies of public management and public organizations of the offer on elimination of the reasons of the offenses and conditions promoting their making on creation of necessary conditions for work of national guard;

e) together with law-enforcement bodies and proceeding from features of operational situation determines optimum number of the members of guard involved daily on protection of public order and prevention of offenses;

f) keeps documentation on accounting of work of guard;

g) recommends to bodies of local public authority and the relevant companies, organizations and the organizations on which guards are created, to encourage their members for special merits in fight against offenses or for difference in accomplishment of objectives;

h) hands on general meeting to persons who entered national guard, the certificate, the breastplate and the instruction sheet in which fundamental obligations and the rights of each member of guard, and also the major legislative provisions on protection of public order are stated.

Chapter III Specialization of divisions of national guards

Article 6. Specialization of divisions

(1) For the purpose of assistance to law enforcement agencies in fight against specific types of offenses as a part of national guards specialized groups or groups can be created.

(2) In case of natural disasters, accidents in the industry, catastrophic crashes, epidemics, epizooty, mass riots, life-threatening and to health of citizens or followed by riots or the fires, and also in case of complication of operational situation in connection with growth of offenses as a part of national guards operational groups can be created.

(3) the Members of national guards included in structure of operational groups based on the decisions made by cartridges or administration of the companies, organizations and the organizations on which guards are created can be exempted from service duties for carrying out rescue operations or training camps with preserving average earnings in the place of the main work.

Chapter IV of Function of national guards

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