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LAW OF THE REPUBLIC OF MOLDOVA

of July 4, 2003 No. 283-XV

About private detective and security activities

(as amended on 15-11-2018)

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Regulation subject

This law establishes the principles, the purposes, subjects and procedure for provision according to the legislation of private detective and security services to physical persons and legal entities, including foreign.

Article 2. Law purposes

Main objectives of this law are:

a) regulation of organizational process of provision on contractual basis of private security services by persons who got in accordance with the established procedure permission and private detective services;

b) ensuring protection of the rights and legitimate interests of clients;

c) ensuring social protection of employees of the detective and security organizations;

d) assistance to respect for interests of the state and protection of public order;

e) ensuring the state control of provision of private detective and security services;

f) the prevention and fight against crime phenomenon in the detective and security organizations.

Article 3. Basic concepts

For the purposes of this law the following basic concepts are determined:

private detective activities - the type of activity consisting in provision of services on investigation, performed by persons specializing in this area on contractual basis according to the conditions provided by this law;

private security activities - the permitted type of activity on provision of services on protection of life, health and protection of property performed by persons specializing in this area on contractual basis according to permission conditions;

specialized security division - the security structural division which does not have the status of the legal entity, created by the legal entity or the individual entrepreneur for protection of life and health of employees and own property;

the security guard - the person who completed special training courses for work as the watchman, passed examination for the right of carrying and storage of office weapon and special means and enlisted on service in the security organization on contractual basis;

the private security guard - person having permission to implementation of business activity on provision of services on protection of life, health and protection of property against illegal encroachments;

the alarm system – set of the electronic equipment connected to structures consisting of the panel of centralized observation and the sound and light notification against breaking from the panel of centralized observation and the fire-proof sound and light notification, motion sensors, sensors of vibration and acoustic sensors, smoke detectors, temperatures, fire and gases, alarming buttons and pedals, controllers of access and the closed system of video surveillance with possibility of registration and storage of images and data which provides the corresponding protection of objects and physical persons;

the operator (supervisor) - the person exercising supervision of functioning of the panel of centralized protection and fulfilling in combination the point-policeman's duties;

mobile group - the group created from two-three employees of the private security organizations, equipped with the car and special means for quick response to alarm signal;

the project of the alarm system – the set of documents including technical calculations, drawings, instructions and so forth, necessary for installation and any change of the alarm system;

the panel of centralized protection - the checkpoint intended for centralized protection of separate objects from unauthorized penetration and fire-proof protection with use of systems of transmission of messages about the events on the protected objects.

Article 4. Principles of private detective and security activities

(1) Private detective and security activities are based on the principles of legality, humanity, social justice, respect of the rights and personal freedoms and is performed in case of interaction with bodies of the public power and public associations for the purpose of providing law and order.

(2) Private detective and security activities are performed according to the legislation.

Article 5. Permission and restriction of private detective and security activities

(1) Private detective activities are performed according to this law with the notification or without notice specialized division of the Ministry of Internal Affairs.

(1-1) Private security activities are performed based on the permission issued by specialized division of the Ministry of Internal Affairs. To the legal entities who do not have permission to security activities, provision of services, provided in Article 6, it is forbidden.

(2) Preparation and advanced training of personnel for private detective and security activities are performed in the specialized training centers determined by the Government.

(3) implementation in the territory of the Republic of Moldova Is forbidden to activities of the detective and security organizations of foreign states.

(4) to the Detective and security organizations of foreign states, and also to foreign citizens and stateless persons it is forbidden:

a) perform detective and security activities as the individual entrepreneur;

b) establish or be cofounders of the detective and security organizations;

c) have the private detective and security organization or specialized security division in the subordination.

Article 6. Types of private detective and security activities

(1) For the purpose of implementation of private detective activities provision of the following services is allowed:

a) collection on contractual basis of the data important for protection of the rights and legitimate interests of physical persons and legal entities;

b) collection of proofs on civil cases on contractual basis with participants of process;

c) market research, information collection for business negotiations, identification of insolvent or unreliable business partners;

d) protection of the companies and firms against industrial espionage;

e) collection of biographic or other information about person with which the agreement, from its written consent is signed;

f) establishment of authors or senders of anonymous letters, distributors of the damaging evidence;

g) establishment of the location of the gone persons;

h) search of the lost property;

i) collection of data on criminal cases on contractual basis with participants of process for rendering assistance to law enforcement agencies.

(2) For the purpose of implementation of private security activities provision of the following services is allowed:

a) protection of life and human health, protection of property, protection of physical persons;

b) physical and technical protection of the territories, buildings, rooms;

c) designing, installation, maintenance of alarm systems, their components, and also operation of Items of centralized protection;

d) collection (collection) of values, and also transportation, protection and maintenance of valuable loads/values and personal property;

e) patrol together with law enforcement agencies of criminogenic zones;

f) assistance to law enforcement agencies in protection of public order and safety of people;

g) informing the public concerning protection against illegal actions.

Article 7. The rights of persons who are engaged in private detective and security activities

(1) Persons who are engaged in private detective and security activities are competent:

a) provide on contractual basis according to the legislation detective and security services;

b) obtain in accordance with the established procedure information and copies of documents from physical persons and legal entities from their consent;

c) inspect in case of need with participation and with the consent of the owner (his representative) the territory belonging to it, the building, rooms, property;

d) request with the consent of the client on the questions requiring special knowledge, the conclusion of the specialist;

e) establish the reasons and conditions promoting making of crimes and to take measures for their elimination within the competence.

(2) use of the rights granted to the physical persons and legal entities which are engaged in private detective and security activities for accomplishment of obligations not stipulated by the legislation Is forbidden.

Article 8. Obligations of persons who are engaged in private detective and security activities

(1) Persons who are engaged in private detective and security activities shall:

a) comply with provisions of the legislation and with terms of the contract;

b) provide in full the services provided in the agreement;

c) indemnify the loss caused by non-compliance with terms of the contract;

d) involve in rendering detective and security services only the workers who underwent the corresponding certification;

e) keep confidentiality of information which became known for it in the course of activities, not use it in the purposes and not transfer her to the third parties;

f) without delay to report to law enforcement agencies about the found crime execution cases, to detain on site crimes of persons which made it and to immediately transfer them to competent authorities;

g) take urgent measures for rescuing of people, rendering the help in protection of property to which danger, and in other emergency situations threatens to them;

h) submit to territorial authority of police statistic reports. In case of security activities reports are submitted according to Item 6 of appendix 1;

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