of November 22, 2002 No. 1477-XV
About financial responsibility of the military personnel
The Parliament adopts this organic law.
(1) This law establishes conditions and the extent of liability of the military personnel during execution of obligations of military service by them and the reservists called on military charges or on mobilization (further - the military personnel), for the damage caused by them to property of military unit and also procedure for compensation of the caused damage.
(2) Operation of this law extends to the military personnel performing military service in Armed forces.
For the purpose of this law the following concepts mean:
property of military unit - the arms, the military and special equipment, ammunition, petrols, oil, lubricants, ware property, food and other types of military property, the parcels of land, buildings, constructions, money and securities, other appliances which are state-owned property and assigned to military unit on the right of management or received by it as a result of economic activity;
damage - loss or damage of property of military unit, expenses which the military unit made or shall make for recovery or compensation of the lost or damaged property, and also the excessive money payments made by military unit.
(1) Protection of integrity of property of military unit is obligation of each serviceman.
(2) the Military personnel bears liability only for the actual damage caused on their fault.
(3) the Military personnel does not bear liability for the damage caused owing to exact execution of the order (order) of the commander (chief) including subordinate commanders (chiefs). In this case the liability for the caused damage is born by the commander (chief) who gave the order (order).
(4) the Military personnel who had opportunity to eliminate in parts or in full defective effects of the order (order) of the commander (chief) which did not report on it directly or within 24 hours or upon return from task or on negligence or on malice also did not take measures for prevention of damage, bear responsibility together with the commander (chief).
(5) the Liability of the military personnel does not come in case of making of actions by them in emergency condition, and also in case of making of lawful actions by them.
(The Term of attraction to financial responsibility by the commander (chief) constitutes 6) three months from the moment of detection of damage, and degree of jurisdiction - three years from the moment of detection of damage.
(1) For the damage caused on imprudence in case of fulfillment of duties of military service, the military personnel bears financial responsibility in the amount of the damage caused by them, but no more than in the amount of double monthly cash allowance, except as specified, stipulated in Article 5.
(2) the Military personnel performing military service under the contract guilty of damnification, connected with payment by military unit of penalties for idle times of containers, cars, courts and (or) cars, overestimate of amounts of completed work, untimely entering into the relevant budgets of taxes and other obligatory payments, bears financial responsibility in the amount of the caused damage, but no more than in the amount of double monthly cash allowance if their actions do not contain actus reus signs.
(3) the Commanders (chiefs) who broke the orders (orders) established procedure of accounting, storage, use, expenditure, transportation of property of military unit or did not take necessary measures to prevention of its plunder, destruction, damage, spoil or to prevention of excessive money payments that entailed damnification, or did not take necessary measures to compensation by perpetrators of the damage caused to military unit bear financial responsibility in the amount of the caused damage, but no more than in the amount of double monthly cash allowance if their actions do not contain actus reus signs.
(4) Commanders (chiefs) guilty of wrongful dismissal of the serviceman (person from among civil personnel) from military service (work), illegal transfer of the serviceman (person from among civil personnel) on other duty station (works), illegal appointment of the serviceman (person from among civil personnel) to the position which is not provided by staff (staff list) of military unit or to the position paid above actually fulfilled service duties bear liability for the damage caused by the excessive money payments made as a result of wrongful dismissal of the serviceman (person from among civil personnel), illegal transfer of the serviceman (person from among civil personnel) on other duty station (works), illegal appointment of the serviceman (person from among civil personnel) to position, in the amount of the caused damage, but no more than in the amount of double monthly cash allowance if their actions do not contain actus reus signs.
Military personnel bears financial responsibility in complete extent of damage if the damage is caused:
a) shortage, destruction, spoil of the property transferred to the serviceman on receipt for storage, transportation, issue, use or other purposes;
b) the actions (failure to act) of the serviceman containing actus reus signs;
c) as a result of plunder, intentional destructions, damages, spoil, illegal expenditure and (or) use of property of military unit or other intentional actions (failure to act) irrespective of content of the actus reus signs in them provided by the Criminal code of the Republic of Moldova;
d) the serviceman who consciously brought himself to state of alcoholic, drug or toxic intoxication;
e) the intentional actions of the serviceman which entailed costs for treatment of the serviceman or persons, injured these actions in military-medical organizations and other medical institutions.
(1) the Extent of the caused damage is determined depending on the incured costs, based on data of accounting of property of military unit, proceeding from the market prices operating on the date of detection of damage, and degree of depreciation of property according to the regulations established on the date of detection of damage, but not low price of scrap (scrap) of this property.
(2) the Prices of arms, military equipment, ammunition, other property on a centralized basis delivered to military units are determined by the state bodies authorized on that.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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