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The document ceased to be valid since  January 1, 2016 according to article 82 of the Law of the Republic of Moldova of   July 25, 2014 No. 181

LAW OF THE REPUBLIC OF MOLDOVA

of June 27, 1997 No. 1228-XIII

About Regulations on procedure for use of means of reserve fund of the Government

(as amended on 17-12-2009)

The parliament adopts this law.

Art. 1. - Approve the Regulations on procedure for use of means of reserve fund of the Government attached to this law and which are its component.

Art. 2. - This law becomes effective from the date of acceptance.

 

Chairman of the parliament

Dkumitra Motspan

Appendix

to the Law of the Republic of Moldova of June 27, 1997 No. 1228-XIII

Regulations on procedure for use of means of reserve fund of the Government

I. General provisions

1. This provision determines procedure for use and accounting of means of reserve fund of the Government (further - reserve fund).

2. The reserve fund is the cash fund intended for financing of the following expense types of the actions which are not provided in the government budget, but need for which implementation arises within year:

disaster recovery and accidents, including project works;

financial aid of local public authority to bodies;

holding early elections and referenda;

expenses on sending of official delegations of the republic abroad, to servicing of official delegations of other states visiting the republic, on holding the international exhibitions, symposiums and forums (in case of lack of the means provided in the budget);

additional financing of state bodies in connection with accomplishment by them of new functions and tasks;

content of the state bodies formed within year;

financial aid to other states;

financial aid in construction and repair of objects of cultural and historical value;

compensation of the material damage caused to citizens as a result of illegal condemnation;

compensation of the material damage caused to citizens in case of execution of service duties by them (on conditions, stipulated by the legislation);

the payment of national state and special awards and expenses connected with their award and delivery;

financing of some actions relating to cultural development, languages and traditions of the ethnic minorities living in the republic;

financial aid to public associations (in exceptional cases);

expense recovery, connected with delivery and distribution of the humanitarian aid provided to the republic (in case of need);

compensation of the amounts necessary for fair compensation of damage and compensation of other costs established by the European Court of Human Rights and also for the payments established by the agreement on conciliatory settlement of cases against the Republic of Moldova (these expenses are performed only in case of insufficiency of the means provided in the government budget);

additional financing of material security and any other expenses connected with accomplishment of job responsibilities and participation of the Government representative and attendants of his faces in procedures in the European Court of Human Rights and Committee of ministers of the Council of Europe (in case of need);

other contingencies.

3. The amount of means of reserve fund is annually provided in the law on the government budget.

II. Procedure for assignment from reserve fund

4. Assignment from reserve fund is made based on the orders of the Government in sizes and within the means provided in the government budget for this fund.

III. Procedure for preparation and adoption of the orders of the Government about assignment from reserve fund

5. Appeals about assignment from reserve fund are sent to bodies of the central public management according to sphere of activity.

6. Bodies of the central public management consider the address of the applicant and in case of its support develop and advance the draft of the order of the Government about assignment from reserve fund according to rules of initiation, development, coordination, examination, editing and edition of regulations of the Government.

7. It is excluded

8. It is excluded

9. It is excluded

9-1. Assignment from reserve fund of the Government is performed only through the central industry bodies of public management and/or bodies of local public authority of the first or second level.

IV. Procedure for financing of expenses for the reserve fund account

10. For financing of the expenses made for the reserve fund account of the Government, bodies of public management and other receivers of means from this fund represent respectively to the Ministry of Finance and territorial treasuries the documents necessary for implementation of payments constituted in accordance with the established procedure.

11. The means of reserve fund provided for allocation to bodies of local public authority are transferred to accounts of the last by means of target transfers or settlement with the government budget.

12. Financing of expenses for the reserve fund account is made in process of receipt of the income in the government budget and is reflected in its account part separately.

V. Accounting and control of expenditure of means from reserve fund

13. Means of reserve fund are used in strict accordance with the appointment provided in the orders of the Government.

14. The orders of the Government about assignment from reserve fund of the Government which are not performed until the end of accounting fiscal year do not remain valid for execution at the expense of means of reserve fund of the Government approved the next years. The corresponding orders of the Government become invalid.

15. Organa beneficiaries represent quarterly and annually to the Ministry of Finance the report on use of the means received from reserve fund in amounts and to the terms established by the ministry.

16. Data on use of means of reserve fund are reflected in information on course of execution of the government budget.

17. The annual statement about use of means of reserve fund joins in the annual statement about execution of the State Budget.

18. Balance, allocated from reserve fund, is subject to return to the government budget.

19. Control of effective and target use of means of reserve fund is performed by bodies of financial control.

20. Inefficient use or use not to destination of the funds allocated from reserve fund is the basis for indisputable and complete collection of these means in the government budget, recovery of penalty and punishment of perpetrators according to requirements of the legislation.

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