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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 28, 2012 No. 1023

About approval of the Provision of the Center of placement

(as amended on 11-01-2023)

Based on part (1) article 7 of the Law No. 270-XVI of December 18, 2008 on shelter in the Republic of Moldova (The official monitor of the Republic of Moldova, 2009, No. 53-54, of the Art. 145) DECIDES: the Government

1. Approve the Provision of the Center of placement it (is applied).

2. To impose control of execution of this resolution on the Ministry of Internal Affairs.

Prime Minister

Vladimir Filat

Countersigns:

Minister of Internal Affairs

 

Doreen Rechan

Approved by the Order of the Government of the Republic of Moldova of December 28, 2012 No. 1023

Provision of the Center of placement

Chapter I General provisions

1. The provision of the Center of placement (further - the Provision) regulates functioning, internal rules and procedures of the Center of placement (further - the Center), the rights and obligations of the placed persons, the relations between the placed faces and personnel of the Center, and also other rights and obligations of staff of the Center.

2. The center is the specialized structure submitting to the General inspectorate on migration of the Ministry of Internal Affairs (further - the General inspectorate on migration), intended for temporary accommodation of persons petitioning for provision of shelter and persons using international protection who meet the requirements established in this provision. The center has no status of the legal entity.

3. The center provides:

1) acceptance and temporary accommodation of persons petitioning for provision of shelter, and beneficiaries of international protection according to this Provision;

2) within available funds, the minimum conditions of placement in the Center which include: berth, bed linen, ware of prime necessity which meet sanitary and hygiene standards;

2-1) international protection of beneficiaries

3) safety of persons which are in the Center and the material values transferred to storage according to Item of 21 this provision, taking necessary measures;

4) application of the current legislation concerning the placed persons;

5) implementation of cultural and educational, sports, entertaining and creative activities, and also provision of legal, social, psychological services by means of the centers of creativity operating in the Center.

4. The center guarantees access to representatives of High Commission of the United Nations for refugees and to non-governmental organizations with which protocols on cooperation are signed.

5. The center is financed by the assignments from the government budget approved for the Ministry of Internal Affairs and also from other sources of financing which do not violate the current legislation.

6. Activities of the Center are controlled and coordinated by specialized division of the General inspectorate on migration.

7. The personnel of specialized division shall have the corresponding preparation on work with specific categories of persons which will be placed in the Center.

Chapter II the Procedure of placement in the Center

Part 1. Categories of persons which can be placed in the Center

8. The Center takes place:

1) persons petitioning for provision of shelter and the family members who are persons petitioning for provision of shelter who shall accommodate in the Center for the procedure of consideration of the application about provision of shelter as a part of management concerning shelter and integration;

2) persons petitioning for provision of shelter who do not fall under action of the subitem 1), but which can be placed in the Center based on Item m) article 28 of the Law No. 270-XVI of December 18, 2008 on shelter in the Republic of Moldova;

3) persons using international protection and also members of their families who have the same status and are included in the program of integration.

9. In case of the minors without maintenance petitioning for provision of shelter or using international protection the measure of protection of the child separated from parents by means of which conditions for his education and care of it in the social services of placement according to the Law No. 140 of June 14, 2013 on special protection of children which are in risk situations, and the children separated from parents are provided is applied to them. Accommodation of the minor without maintenance is performed by body of guardianship in the place of its stay.

10. Persons provided in the subitem 3) of Item 8 of this provision sign the application for the personal liability for lack of subsistence (the application form affirms the order of management of the General inspectorate on migration).

11. Placement in the Center, except the cases specified in Item 27 of this provision for categories of persons which is not allowed:

1) are suffering from tuberculosis in active form;

2) have infectious diseases;

3) suffer from the mental diseases which are followed by aggravations at the time of placement which constitute danger both to the placed person, and to surrounding persons;

4) are used or depend on drugs or psychotropic substances;

5) abuse alcoholic drinks;

6) threaten life and health of persons placed in the Center.

Part 2. Procedure for placement

12. The persons petitioning for provision of shelter, provided in Item 8 the subitem 1) are placed based on the decision on placement from the date of filing of application about provision of shelter.

12-1. The persons petitioning for provision of shelter, provided in the subitem 2) of Item 8, the requesting placements in the Center submit the application to the General inspectorate on migration with indication of the reason of the application on placement.

13. Applications are submitted personally, in writing. In employees which accepts it.

14. The applications submitted and signed by persons petitioning for provision of shelter are considered within 24 hours.

15. The persons petitioning for provision of shelter, placed in the Center which provided international protection can petition for prolongation of term of placement according to Item of 31 this provision. The application for prolongation of term of placement is submitted to the General inspectorate on migration within three days from the moment of the message on the decision concerning provision of international protection.

16. The statements provided in Item 15 of this provision are considered in 15-day time. During the period of consideration of the application person has the right to be in the Center.

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