LAW OF THE REPUBLIC OF MOLDOVA

of February 24, 1999 No. 297-XIV

About social adaptation of persons exempted from places of detention

The parliament adopts this organic law.

Article 1. Subject and field of regulation

This law determines the legal basis of provision to persons exempted from places of detention, the help guaranteed by the state and support in social adaptation determines state policy in the field of post-penitentiary guardianship, regulates the legal statuses relating to social protection of persons exempted from places of detention, and also power of public bodies in the field.

Article 1-1. The basic principles of process of social adaptation of persons exempted from places of detention

Process of social adaptation of persons exempted from places of detention is based on the following basic principles:

a) ensuring protection of these persons, realization and observance of their rights;

b) creations of the state system of post-penitentiary guardianship and carrying out single state policy in this area;

c) provisions to persons exempted from places of detention, the help guaranteed by the state and support in social adaptation.

Article 2. Subjects of social adaptation

Subjects of social adaptation the persons exempted from places of detention, which lost socially useful touches and needing the help from the state are recognized.

Article 3. Social protection of persons exempted from places of detention

(1) Social protection of persons exempted from places of detention means provision by it of the public assistance guaranteed by the state.

(2) Social protection is provided with package of measures, the provided this laws, and also the republican and local programs of social adaptation of persons exempted from places of detention, developed and approved respectively by the Government and bodies of local public authority.

Article 4. Competence of the Government

The government in the sphere of social adaptation of persons exempted from places of detention:

a) develops and approves the Program of social adaptation of persons exempted from places of detention;

b) finances implementation of this program from means of the government budget;

c) stimulates participation of the companies, organizations, commercial organizations and civil society in social adaptation of persons exempted from places of detention.

Article 5. Competence of bodies of local public authority

Bodies of local public authority in the sphere of social adaptation of persons exempted from places of detention in the subordinated territory:

a) give help to specified persons in the solution of questions of the choice of the residence;

b) cooperate with the employment agencies of the population located in the subordinated territory in employment of persons exempted from places of detention;

c) create the boards of trustees, funds for rendering financial support to the persons exempted from places of detention and which are not taking certain occupation and residences;

d) coordinate actions of the companies, organizations, commercial organizations and civil society for assistance to persons needing social adaptation;

e) recommend to business entities to create irrespective of type of property and form of business workplaces for persons exempted from places of detention.

Article 6. Financing

(1) Financing of actions for social adaptation of persons exempted from places of detention is performed for the account:

a) means state and local budgets;

b) means of charity and other foundations on rendering financial support to specified persons whose forming is not forbidden;

c) means of sponsors.

(2) the State stimulates participation in activities for social adaptation of persons exempted from places of detention, business entities and civil society, providing to them according to the legislation of privilege and benefit.

Article 7. State system of post-penitentiary guardianship. Coordination of post-penitentiary activities

(1) For the purpose of coordination and optimization of cooperation of bodies in the field of post-penitentiary guardianship, and also for the purpose of increase in efficiency of process of social adaptation of persons exempted from places of detention, carrying out purposeful work with these persons in control of their behavior the state system of post-penitentiary guardianship performing social policy of the state is created.

(2) the Main bodies of the state system of post-penitentiary guardianship are:

a) National council on coordination of the activities relating to social reintegration of persons exempted from places of detention;

b) bodies of probation.

(3) the National council on coordination of the activities relating to social reintegration of persons exempted from places of detention is created under the Government on a voluntary basis. The organization and functioning of the specified Council are regulated by the provision approved by the Government.

(4) the Staff of National council on coordination of the activities relating to social reintegration of persons exempted from places of detention affirms the order of the Government.

(5) Organa probations give help and support, provide consultations to persons exempted from places of detention and also provide their social adaptation according to the current legislation.

Article 8. Participation of the bodies performing punishment in social adaptation of persons exempted from places of detention

The bodies performing punishment participate in social adaptation of persons exempted from places of detention, way:

a) creations in penal institutions of the sectors of social adaptation giving to convicts opportunity of mastering skills, necessary for independent life, psychological, moral and practical preparation for life on freedom;

b) establishing preliminary contacts between penal institutions and employment agencies of the population and coordination of their actions for the purpose of the solution of the questions connected with employment of specified persons;

c) assistance and coordination of actions between penal institutions and bodies of probation, development and program implementation for social adaptation of specified persons before their release from places of detention.

Article 9. Participation of civil society in social adaptation of persons exempted from places of detention

Public associations, charity foundations, the boards of trustees, the religious organizations, and also citizens take part in social adaptation of persons exempted from places of detention, giving them the various public assistance as individual, and within republican and local programs of social adaptation.

Article 10. Guarantees of implementation of right to work

(The State guarantees 1) to persons exempted from places of detention, implementation of right to work according to the legislation.

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