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LAW OF THE REPUBLIC OF MOLDOVA

of February 21, 2003 No. 54-XV

About counteraction of extremist activities

(as amended of the Law of the Republic of Moldova of 09.06.2016 No. 128)

For the purpose of protection of human rights and freedoms, bases of the constitutional system and ensuring integrity and safety of the Republic of Moldova, establishment of legal and organizational basis of counteraction of extremist activities, and also responsibility for its implementation the Parliament adopts this organic law.

Article 1. Basic concepts

The basic concepts used in this law have the following value:

extremism - line item, the doctrine of some political trends which on the basis of extreme theories, the ideas or views aim to impose the program by means of violent or radical measures;

extremist activities:

a) activities of public or religious association, mass media or other organization, physical person for planning, the organization, preparation or making of the actions directed on:

- violent change of bases of the constitutional system and violation of integrity of the Republic of Moldova;

- undermining safety of the Republic of Moldova;

- capture of the government or unauthorized assignment of powers of the official;

- creation of illegal armed groups;

- implementation of terrorist activities;

- excitement of racial, national or religious discord, and also the social discord connected with violence or appeals to violence;

- humiliation of national advantage;

- provoking of mass riots, making of hooligan actions or acts of vandalism based on ideological, political, racial, national or religious hatred or hostility, and is equal based on hatred or hostility concerning any social group;

- promotion of exclusiveness, superiority or inferiority of citizens on the basis of their relation to religion or race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status or social origin;

b) exposure, production, distribution, and also ownership for the purpose of public distribution of fascist, national socialist (Nazi) attributes or symbolics or attributes or symbolics of the extremist organization, and equally in attributes or the symbolics created by stylization of fascist, national socialist (Nazi) attributes or symbolics or attributes or symbolics of the extremist organization similar to extent of mixture.

   Are not considered as exposure, production, distribution or ownership for the purpose of public distribution of fascist, national socialist (Nazi) attributes or symbolics or attributes or symbolics of the extremist organization representation of those in textbooks/books or on other carrier of scientific/educational nature, their exposure at exhibitions of scientific/educational nature, and their production, ownership or use is equal in theatrical performances, cinema or within the actions for historical reconstruction when participants carry out certain program according to the predefined plan for reconstruction of various aspects of certain historical event or the period.

   The fascist attributes and symbolics are understood as flags, emblems (graphical elements), badges, uniform, slogans, greetings, and also any other similar signs Italian the National Fascist party (Partito Nazionale Fascista – PNF, 1921-1943) and Republican Fascist party (Partito Fascista Repubblicano – PFR, 1943-1945).

   The national socialist (Nazi) attributes and symbolics are understood as flags, emblems (graphical elements), badges, uniform, slogans, greetings, and also any other similar signs of the subjects acting in Nazi Germany during 1933-1945 and subordinated to them structures: The National Socialist German Workers Party (Nationalsozialistische Deutche Arbeiterpartei – NSDAP, 1919-1945), Group of protection (Schutzstaffel – SS), Security service of the Reichsführer-SS (Sicherheistdienst des Reichsfuhrers SS – SD), Secret state police (Geheime Staatspolizei – Gestapo), Assault battalions (Sturmabteilung – SA), Armed forces (Wehrmacht).

   The attributes and symbolics of the extremist organization are understood as flags, emblems (graphical elements), badges, uniform, slogans, greetings, and also any other similar signs of the extremist organization;

c) financing or other assistance to implementation of activities or to making of the actions specified in Items and) and b), including by provision of financial resources, the real estate, educational, printing and material and technical resources, telephone, facsimile and other types of communication, other material means, and also information services;

d) public calls for implementation of activities or making of the actions specified in Items and), b) and c);

the extremist organization - public or religious association, mass media or other organization concerning which on the bases provided by this law, the degree of jurisdiction passes the decision on the termination or suspension of operations which took legal effect in connection with implementation of extremist activities;

materials of extremist nature – documents or information on paper or other carrier, including the anonymous, fascist, national socialist (Nazi) attributes or symbolics or attributes or symbolics of the extremist organization, attributes or symbolics created by stylization of fascist, national socialist (Nazi) attributes or symbolics or attributes or symbolics of the extremist organization, intended for public distribution and aiming to call for extremist activities, to prove or justify need of such activities or to justify practice of making of the war or other crimes directed to complete or partial extermination of any ethnic, social, racial, national or religious group.

Article 2. Basic principles of counteraction of extremist activities

Counteraction of extremist activities is based on the following principles:

a) recognition, observance and protection of human rights and freedoms, and equally legitimate interests of the organizations;

b) legality;

c) publicity;

d) safety of the Republic of Moldova;

e) the priority died, directed to the prevention of extremist activities;

f) cooperation of the state with public and religious associations, mass media, other organizations and physical persons in counteraction of extremist activities;

g) inevitability of punishment for implementation of extremist activities.

Article 3. Main directions of counteraction of extremist activities

Counteraction of extremist activities is performed in the following main directions:

a) acceptance of the preventive measures directed to the prevention of extremist activities including on identification and the subsequent elimination of the reasons and conditions promoting implementation of extremist activities;

b) identification, prevention and suppression of extremist activities of public and religious associations, mass media, other organizations and physical persons.

Article 4. Subjects of counteraction of extremist activities

The central and local public authorities participate in counteraction of extremist activities within the competence.

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