LAW OF THE REPUBLIC OF MOLDOVA

of November 4, 2011 No. 215

About frontier of the Republic of Moldova

The parliament adopts this organic law.

This law is transposition of Regulations (EU) No. 562/2006 of the European Parliament and the Council of the European Union of the March 15, 2006 establishing the Code of Community about the mode of the crossing by people of borders (The Schengen code about borders) published in the Official magazine of the European Union by L 105 of April 13, 2006 and creates necessary base for application of the Directive of Council 2004/82/EU of April 29, 2004 to report data of passengers about obligation of carriers, published in the Official magazine of the European Union by L 261 of August 6, 2004.

Chapter I General provisions

Article 1. Subject and purpose

(This law regulates 1) legal, organizational, administrative and other nature of the relation, arising in the course of establishment, content and providing the modes of frontier.

(2) the Purpose of this law is determination of the control system of frontier, the modes of frontier, border area and mode at check points for safety of frontier on the land, water and in airspace.

(3) Operation of this law extends to citizens of the Republic of Moldova, foreigners and on legal entities.

Article 2. Frontier of the Republic of Moldova

(1) the Frontier of the Republic of Moldova is the natural or conditional line determining external limits of the territory on which exclusive sovereignty of the Republic of Moldova acts on the land, water in subsoil and in airspace, the passing straight line from one border marker to another or - where the frontier is not designated on the area by border markers, - from one Item of coordinates to another. On the rivers and other waterways the frontier is established by the contracts signed by the Republic of Moldova with the adjacent states with respect for the principle of international law according to which the frontier passes on the middle of the main waterway, and on non-navigable waterways - on the middle of surface of the water.

(2) the Frontier is established and changes the organic law according to international treaties which party is the Republic of Moldova, with respect for the conventional principles and rules of international law.

Article 3. General concepts

In sense of this law the used concepts mean the following:

the travel document - any kind of the documents granting the right of crossing of frontier by persons and vehicles, provided by the existing legal acts, and also international treaties which party is the Republic of Moldova;

boundary waters - the site of water currents or reservoirs through which there passes the line of frontier;

operational task – the data entered into the Integrated information system of Boundary police concerning being in one of the situations of persons, vehicles and documents which are subject to check during border control for acceptance of proper measures provided by the law;

control of border - the activities performed on frontier according to this law and in its purposes only in response to intention to cross frontier or on its actual crossing, consisting in supervision abroad and border control;

check of the first line – the minimum and detailed check of persons belonging to them objects, and also vehicles, performed when crossing frontier;

check of the second line - additional check concerning persons (including personal inspection), the documents belonging to them objects, and also vehicles which can be carried out in the special place, away from the place of passing of check of the first line, according to the existing regulations;

border control - the control exercised at check points through frontier with the purpose to provide that persons, including their vehicles and things which are in case of them, could get permission to drive to the Republic of Moldova or to leave it;

cross-border crime – the criminal activities performed by one or more persons in the territory of, at least, two states, causing damage to the social values which are under protection of precepts of law;

boundary glade - the site of the area on both sides of frontier established according to the agreements signed by the Republic of Moldova with the adjacent states for the purpose of designation of frontier border markers;

demarcation of frontier - designation, according to materials of delimitation, the line of frontier on the area the established border markers;

strip of protection of frontier - the area strip deep into from the line of frontier intended for proper maintenance of frontier, protection of border markers and ensuring access control near frontier;

content of frontier - the activities directed to creation of necessary conditions for maintenance of the mode of frontier;

small border movement - crossing of frontier of the Republic of Moldova and the adjacent states by residents of border area of one state with intention to remain for certain period in border area of other state according to the bilateral agreements signed about it;

navigation - the activities connected with use on waterways of courts for transportation of goods, passengers and their baggage, mailings, towage of courts and other watercrafts, carrying out searches, exploration and production of minerals, works on arrangement of waterway, hydrotechnical works, underwater and technical and other similar works, pilot and icebreaking posting, rescue operations, implementation of actions for protection of water objects, protection against pollution and flood, raising of the sunk property, carrying out scientific research, educational, sports, leisure and other purposes;

navigation for pleasure - use of small size vessels and other watercrafts in boundary waters in the sports or tourist purposes; protection of frontier - component of the state system of safety of the Republic of Moldova, one of forms of national defense;

the check point - any place organized and approved by the Government of the Republic of Moldova for crossing of frontier;

the frontier mode - set of rules of content of frontier and its crossing by persons, vehicles, goods and other property within its strip of protection, and also permission of borderline cases;

the mode at check points - rules of entrance, stay and departure of persons and/or vehicles, and also rules of conducting economic and other activity at check points;

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