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LAW OF THE REPUBLIC OF MOLDOVA

of October 24, 2002 No. 1402-XV

About public services of municipal services

(as amended on 30-07-2015)

The parliament adopts this organic law.

Chapter I. General provisions

Art. 1. - This law establishes the unified legal basis of creation and the organization of activities of public services of municipal services of administrative and territorial units, including monitoring and control of their functioning.

Art. 2. - The basic concepts used in this law:

public services of municipal services - left subordination to bodies of the central public management and created as independent self-supporting structures with own property which function in the corresponding administrative and territorial units;

the public services delivered (rendered) by municipal services - complex of socially useful actions and other actions which are performed under the direction of the bodies of local public authority in case of performance of works relating to the sphere of municipal services;

water supply - complex of actions and the works which are carried out for the purpose of branch, cleaning, transportation, fence and distribution between consumers of drinking water;

technological water – the water used for ensuring engineering procedure (sink, dilution, chilling, etc.);

supply with heat energy - complex of actions and the works performed for the purpose of production, transportation, transformation and distribution between consumers of heat energy;

the sewerage and purification of waste and rain waters - complex of the actions and works connected with collection of waste and rain waters, their transportation, cleaning and dumping into natural reservoirs;

cleaning, gardening of settlements - complex of actions and works on collection, transportation, sorting, conversion, processing, use, neutralization (burning) and warehousing of household waste, and also on cleaning, sink, watering of streets, their gardening, works on disinfection, deratization, catching and extermination of stray dogs;

providing with local public transportation - set of the actions directed to satisfaction of need for public passenger transport at the local level;

management public and private housing stocks - economic activity which subject are management, lease, repair and recovery of public and private housing stocks, including allocation and development of investments in the field;

management of the sphere of municipal services - the activities including construction, upgrade and content of streets, roads, public areas, the markets, bridges, viaducts, transport drives and crosswalks, the organization of road and pedestrian movement, implementation of modern systems of the alarm system and management of traffic, ensuring illumination of settlements, content of the green zones, parks and squares, sports grounds and halls working in case of them offices of physical therapy, vacation spots, clarification of roads and sidewalks from snow, the device of paths and constructions for occupations with skiing, arrangement of stands for placement of posters and advertizing, content of cable networks, content of stops for motor transport, hotels, content of monuments, creation and content of zoos services rendered in public baths, etc.;

public systems of municipal services - complexes of constructions, technological installations, the specific functional equipment by means of which are provided management, content in satisfactory condition and efficiency of action of all components of the housing-and-municipal sphere;

the supplier – the legal entity who has manages, operates and serves public system of municipal services and delivers to consumers public services of municipal services on the basis of the agreement;

the consumer – the physical person or legal entity using public services of municipal services on the basis of the contract signed with the supplier;

the intermediary in calculations – the legal entity on the basis of the agreement providing on behalf of the supplier or the managing director of housing stock apartment distribution of amount of the delivered (rendered) utilities, creation and mailing of receipts on payment, collection of payments from consumers and their transfer to suppliers, informing consumers concerning invoicing and obligations on payment of the consumed services;

the managing director of housing stock – the legal entity given the rights and authority for fulfillment of duties, connected with management, content and operation of housing stock.

Art. 3. - (1) Public services of municipal services provide delivery (rendering) of the following types of service:

a) water supply;

b) supply with heat energy;

c) sewerage and purification of waste and rain waters;

d) cleaning, gardening of settlements;

e) providing with local public transportation;

f) management public and private housing stocks.

(2) In case of need various structures of municipal services performing the types of activity which are not provided by part can be created by decisions of bodies of local public authority (1).

(3) Specified in parts (1) and (2) types of activity can be in more detail regulated by means of the ordinary laws or other regulations.

(4) Under the organization and improvement of activities of public services of municipal services common interests of citizens are priority.

(5) the Business entities delivering (rendering) public services relating to the sphere of municipal services levy for it payment directly or through intermediaries in calculations which are allocated with such right on contractual basis by results of tender.

Art. 4. - (1) Public services are delivered (are) municipal services through its public systems which are integral part of infrastructure of improvement of settlements.

(2) the Public systems of municipal services together with the territories adjoining to them intended for public use and satisfaction of the corresponding requests of society belong on the essence or according to the law to the public sphere of administrative and territorial units.

(3) If placement, development, development of public systems of municipal services require occupation of the additional areas or change of purpose of the certain buildings which are not belonging to the public sphere, they are transferred to public property according to the law.

Art. 5. - (1) Public systems of municipal services together with the territories adjoining to them are considered and inventoried in the inventories of real estate of infrastructure of improvement created at the level of administrative and territorial units according to the law for their identification, registration and entering on cadastral maps, entering into cadastral plans, and also into documentation on town planning and improvement of the territories.

(2) Public systems of municipal services are subject to state registration in the Register of objects of technical infrastructure.

Art. 6. - (1) Creation and management of municipal services of public services are performed according to provisions of international agreements, one of the parties of which is the Republic of Moldova.

(2) During creation and management of municipal services of public services the following principles shall be observed:

a) stability of development;

b) responsibility and legality;

c) local autonomy;

d) decentralization of public services of municipal services;

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