of July 30, 2001 No. 451-XV
On regulation of business activity by licensing
The parliament adopts this organic law.
(1) This law determines legal, organizational and economic basis of regulation of business activity by licensing, establishes the types of activity which are subject to regulation by licensing and it is aimed at ensuring compliance with the conditions established by the law for implementation of the types of activity which are subject to regulation by licensing.
(2) the Procedure for issue, prolongation of action, renewal, suspension and renewal of action and cancellation of licenses, issues of their copies and duplicates, conducting licensed cases and licensed registers, control of observance by licensees of licensed conditions and application of adequate measures and sanctions against types of activity in the banking and non-bank financial market are provided by the laws which are specially regulating these types of activity.
For the purpose of this law the following concepts are applied:
the license - the administrative document of allowing nature issued by the licensing body in the course of regulation of business activity, certifying the right of the licensee to implementation of the type of activity specified in it (in full or partially) during certain term in case of obligatory observance of licensed conditions;
the applicant - the legal entity or physical person registered in accordance with the established procedure in the Republic of Moldova as the company or the organization irrespective of type of property and form of business and also physical person which can perform the separate licensed types of activity based on other legal acts, submitted the declaration and documents necessary for receipt of the license to the licensing body;
the licensee - the legal entity or physical person which obtained the license;
licensed conditions - set of the requirements and conditions established by the laws which are specially regulating the licensed types of activity, which accomplishment by the applicant and the licensee surely when implementing the corresponding type of activity;
licensing - set of the procedures of regulation of business activity connected with issue, prolongation, renewal, suspension and renewal of action and cancellation of licenses, issue of copies and duplicates of licenses, conducting licensed cases and licensed registers, control of observance by licensees of licensed conditions, issue of instructions about elimination of violations of licensed conditions;
approval by default - act owing to which the license is considered issued, renewed if the licensing body did not respond the applicant to the declaration for obtaining, the statement for renewal of the license in terms and on the conditions provided by this law or the laws which are specially regulating the licensed types of activity;
the licensed register - set of data on the issued, extended, renewed, suspended, renewed and cancelled licenses;
single window - the procedure by means of which the licensing body in cooperation with other bodies of the public power or organizations, the functions of regulation and control equipped with the law, checks accuracy of the information, provided by the applicant/licensee, and/or transfers the received documents to industry bodies to approval if the legislation provides their approval, online through electronic networks to which the licensing body has access, or other method established by these bodies without involvement in this process of the applicant/licensee;
e-licensing - the electronic service giving opportunity to applicants by means of the web interface or to licensees to send online declarations for obtaining/licence renewal or the statement for renewal of the license and to receive electronic confirmation of approval or variation of declarations/statements, effectual in law, equivalent to the procedure provided by this law;
suspension of action of the license - deprivation of the licensee for fixed term of the right to implementation of certain type of activity according to the procedure provided by the law;
cancellation of the license - deprivation of the licensee of the right to implementation of certain type of activity according to the procedure provided by the law.
The basic principles of implementation of licensing are:
a) ensuring equal rights and legitimate interests of all companies, organizations, physical persons;
b) transparency of the acts necessary for initiation and/or conducting case;
d) transparency of decision making in the field of licensing;
e) predictability of process of licensing;
f) material and procedural regulation by means of legal acts of conditions and procedures of licensing;
g) declaring by the applicant of the responsibility for authenticity of the documents submitted to the licensing body and for observance of licensed conditions when implementing type of activity for which the license is asked;
h) not involvement by the licensing body of the applicant/licensee in verification process, document approvals, established by the law to acceptance, check or approval according to the principle of single window;
i) approval by default in case of excess by the licensing body of the term established for issue, prolongation of action, renewal of the license and in the absence of its notice in writing, with the withdrawals provided by this law or the laws which are specially regulating the licensed types of activity;
j) respect for balance (proportionality) of interests of society and the rights of entrepreneurs in case of control of observance of licensed conditions, and also in case of suspension action/cancellation of licenses.
The types of activity answering to one or both criteria specified in Items a) and b), together with the criterion established in Item c belong to the types of activity which are subject to regulation by licensing), namely:
a) need of use of limited resources of the state;
b) need of establishment of special conditions and requirements to activities, and also checks of their observance during implementation of activities for the purpose of exception of causing damage to the rights, legitimate interests and health of citizens, the environment and safety of the state;
c) licensing does not duplicate other regulating procedures established by the law for allocation of limited resources of the state and/or for ensuring compliance with special conditions and requirements for the purpose of exception of causing damage to the rights, legitimate interests and health of citizens, the environment and safety of the state.
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