of November 28, 2002 No. 1491-XV
About the humanitarian assistance provided to the Republic of Moldova
The Parliament adopts this organic law.
This law governs the legal relations connected with import, obtaining, storage, distribution and accounting of the humanitarian assistance provided to the Republic of Moldova from abroad.
The basic concepts used in this law have the following value:
the humanitarian assistance - the address free help in type of goods, irretrievable financial aid, donations, in the form of performance of works, rendering services, provided for humane motives by foreign donors to users of the humanitarian assistance in the Republic of Moldova in connection with their social vulnerability, material neediness, difficult financial position, in connection with emergence of emergency situations, in particular armed conflicts, natural disasters, accidents, epidemics, epizooty, environmental, technogenic and other disasters creating threat for life of people and their health or in connection with serious illness of particular physical persons;
donors of the humanitarian assistance - foreign physical persons or legal entities which provide the humanitarian assistance, performing the activities according to the legislation of the country in which they constantly live or in which there are their permanent bodies;
receivers/distributors of the humanitarian assistance - legal entities who according to the constituent documents receive and/or distribute humanitarian aid, without pursuing at the same time revenue generating purposes;
users of the humanitarian assistance - physical persons and legal entities which need such help and to which it is directly provided.
(1) the Humanitarian assistance is provided on the basis of the principles of voluntariness, legality, humanity, openness and distribution to destination.
(2) Provision of the humanitarian assistance has social character and does not deprive of the citizen of the right to the state support.
(1) Provision of the humanitarian assistance is regulated by this law and other regulations.
(2) If provisions of this law contradict provisions of the international treaties concerning humanitarian assistance, one of the parties of which is the Republic of Moldova, provisions of international treaties are applied.
The bodies exercising control and coordination of the activities connected with obtaining and distribution of the humanitarian assistance are:
a) Ministry of Labour and Social Protection;
b) Interdepartmental commission on the humanitarian assistance;
b-1) ad hoc commission of the Ministry of Health;
c) territorial commissions on the humanitarian assistance;
d) ceased to be valid.
The Ministry of Labour and Social Protection is the central industry body of public management authorized on development, promotion and realization of state policy on obtaining and distribution of the humanitarian assistance provided to the Republic of Moldova.
Agency:
a) exercises general coordination and control of obtaining and distribution of the humanitarian assistance, makes recommendations to receivers/distributors of the humanitarian assistance concerning distribution of the humanitarian assistance according to the requirements established by the Ministry of Labour and Social Protection, the Interdepartmental commission on the humanitarian assistance, ad hoc commission of the Ministry of Health and the territorial commissions on the humanitarian assistance;
b) together with the territorial commissions on the humanitarian assistance carries out the analysis and assessment of need for the humanitarian assistance, reveals the users needing the humanitarian assistance first of all;
c) together with public institutions and public organizations finds new donors of the humanitarian assistance and establishes with them the cooperation relations;
d) establishes the status of the goods imported into the country as the humanitarian assistance and draws the conclusions necessary for their import;
e) represents for approval and execution by authorized institutions of the petition for exemption of the consular fee for registration or prolongation of entry visas to the Republic of Moldova and departure from the Republic of Moldova of the foreign citizens visiting the country for the purpose of charity;
f) ceased to be valid
g) ceased to be valid
h) creates and fills up the database about the provided humanitarian assistance;
i) reveals the violations allowed during the obtaining, distribution and use of the humanitarian assistance and takes measures for their elimination.
(1) Ministry of Labour and social zashchityvprava:
a) request and receive information on obtaining, distribution, use and accounting of the humanitarian assistance from public institutions and public organizations;
b) resolve issues of distribution of the humanitarian assistance arriving to the state or without specifying of the specific receiver;
c) request and receive from the territorial commissions on the humanitarian assistance, public institutions and public organizations reports and other documents on obtaining, distribution and use of the humanitarian assistance;
with-1) to determine whether the goods offered as the humanitarian assistance, the essential goods intended for socially vulnerable segments of the population are;
d) in the procedure established by the Government to create and exercise control of reserve fund of the goods constituting the humanitarian assistance which is used for providing socially vulnerable segments of the population.
(The Ministry of Labour and Social Protection has 2) also other rights which are not contradicting the law.
(1) For effective distribution of the arriving humanitarian assistance under the Government the Interdepartmental commission on the humanitarian assistance (further - the Interdepartmental commission is created). The commission chairman is appointed by the Government.
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