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LAW OF THE REPUBLIC OF MOLDOVA

of December 25, 2003 No. 547-XV

About the public assistance

(as amended on 27-07-2018)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Basic concepts

In this law the following basic concepts are used in value:

the public assistance - part of national system of social protection within which the state and civil society undertake obligations according to the prevention, reduction or elimination of the temporary or permanent consequences of some events considered as social risks, limiting participation or expelling from society persons and the families which are in difficult situation;

social risk - danger to person or family to be subjected to negative economic consequences of loss of physical potential, the labor or social status (disease, accident, restriction of opportunities, aging, death, motherhood, unemployment, social not adaptedness, etc.);

the social assistant - the person with vocational education having the diploma of the licentiate or masterat, rendering social services to persons and families which temporarily are in difficult situation also is not able to provide owing to certain economic, social, physical or psychological factors with own means and forces worthy level of living;

the social worker - the person who underwent special training in the field of home care and providing the corresponding services;

the social questionnaire - the document stating the current financial and social position of person or the family petitioning for provision of the public assistance and containing data on person or family members (age, occupation, the income), housing and property which they own problems which face;

needy persons and families - socially vulnerable persons and families which are in the conditions interfering their normal economic, educational, social and other activity;

receivers of the public assistance - needy persons and families to which based on the statement, the social questionnaire and supporting documents social payments and/or social services are provided;

difficult situation - provision of person which because of loss of physical, mental or intellectual independence needs the public assistance for implementation of daily vital functions;

determination of the child in family - form of protection of the minor who was left without supervision of parents or parents of which are in the risk or other provision requiring guardianship establishment;

social reintegration - the recovery of the main functions (economic, educational, social, etc.) persons or families allowing them to participate in social life;

large family - family with three and more children.

Article 2. Law purposes

The purposes of this law are determination of the principles and tasks of the public assistance, establishment of the right to the public assistance, payments and services of the public assistance, her receivers, and also requirements to personnel of system of the public assistance.

Article 3. Principles of the public assistance

The public assistance is based on the following principles:

a) recognition of independence and independence of the personality, respect of human dignity;

b) generality of the right to the public assistance, guaranteeing its availability;

c) social solidarity;

d) flexibility of the performed measures of the public assistance, compliance to their real needs of person or the families which are in difficult situation;

e) social partnership as implementer and estimates of measures of the public assistance;

f) personal responsibility of the receiver of the public assistance.

Article 4. Tasks of the public assistance

(1) Tasks of the public assistance are the prevention and overcoming difficult situation of person or family and ensuring their social integration with respect for the principle of independence.

(2) Social reintegration of person or family with the restrained social status is directed to recovery and improvement of their relations in society.

Article 5. Application of the law

This law is applied:

a) to citizens of the Republic of Moldova, and also to the foreigners specified in part (1) article 2 of the Law on integration of foreigners in the Republic of Moldova No. 274 of December 27, 2011;

b) to domestic and foreign physical persons and legal entities irrespective of their form of business and type of property with the place the accommodation/location in the Republic of Moldova.

Article 6. Policy of the public assistance

(1) the Policy of the public assistance is performed consistently and mainly concerning the persons and families which are in difficult situation or predisposed to getting into such situation and it is directed on:

a) prevention or simplification of difficult situation and mitigation of its consequences;

b) maintenance of worthy level of living of person or family;

c) rendering is temporary or constantly additional help by means of provision of social payments and social services.

(2) the Policy of the public assistance aims at orientation of the performed political and social and economic measures on providing equal opportunities both for all members of society, and for the institutional administrative systems created at the local and central level.

(3) Measures of the public assistance are implemented by means of implementation of appropriate programs and the personified measures, precautionary or current, organized and guaranteed by bodies of the central and local public authority, and also other bodies or the organizations of civil society.

(4) Programs of the public assistance are developed by bodies of the central and local public authority and will be approved with the Ministry of Health, work and social protection. Non-governmental organizations, domestic and foreign physical persons and legal entities, organizations of the cults recognized in the Republic of Moldova and representatives of civil society can be involved in development of these programs as social partners.

(5) Coordination of activities for rendering the public assistance performed within national system of social protection is assigned to the body of the central public management having powers in the field.

Chapter II. Receivers of the public assistance

Article 7. Receivers of the public assistance

Persons and families which owing to economic, physical, psychological or social factors have no opportunity the capabilities and knowledge to warn and overcome difficult situation use the public assistance, namely:

a) children and youth, to health, development and to which physical, mental or spiritual integrity harm in the environment of their accommodation is done;

b) the families which are not carrying out properly the obligations on care of children, their content and education;

c) the families which do not have the income or with the small income;

-1) about the faces which were affected by violence in family;

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