of June 24, 2004 No. 212-XV
About the modes of emergency, obsidional and warlike situation
The parliament adopts this organic law.
For the purpose of this law the following basic concepts are used in value:
emergency state - set of measures of political, economic, social nature and on maintenance of public order, temporarily entered in some areas or in all territory of the country in case:
a) inevitability of origin or emergence of emergency situations of natural, technogenic or social and biological nature that makes necessary the warning, reduction and liquidation of their effects;
b) existence of threat for homeland security or for constitutional order that does necessary protection of the constitutional state, maintenance or recovery of legality;
state of siege - set of the measures of political, military, economic and social nature entered in some areas or in all territory of the country for the purpose of increase in fighting capacity of troops, and also readiness of the population, economy and the corresponding territory in case of inevitability of the armed aggression;
warlike situation - the regime introduced in all territory of the country in case of official declaration of war or the armed aggression against the Republic of Moldova for the purpose of protection of its sovereignty, independence, unity, territorial integrity and constitutional order;
mobilization - complex activities of political, economic, administrative and military nature for the purpose of providing human and material resources for defense of the country and transition of the state from peace provision on military.
This law establishes:
a) the bases, procedure and conditions of the announcement of emergency, obsidional or warlike situation, and also competence of the bodies announcing emergency, obsidional or warlike situation;
b) the measures applied for emergency, obsidional or warlike situation, and also the right, obligation and responsibility of legal entities and physical persons during this period.
The legal base of emergency, obsidional and warlike situation are the Constitution of the Republic of Moldova, this law, other regulations, and also international agreements, one of the parties of which is the Republic of Moldova.
(1) in the period of emergency, obsidional or warlike situation the laws and other regulations adopted to the announcement of the relevant provision are effective in that measure in which they do not contradict this law.
(2) in the period of the emergency, obsidional or martial law imposed in all territory of the country introduction of amendments to the Constitution, and also elections to the central and local authorities of the public power and republican and local referenda are not allowed.
(3) After cancellation of emergency, obsidional or warlike situation the regulations adopted for this period are recognized invalid without special message on it.
(1) for emergency, obsidional or warlike situation in connection with complication of the situation which became the reason of its introduction implementation of some rights or freedoms of citizens can be limited according to article 54 of the Constitution.
(2) Provided by part (1) restriction shall correspond to the obligations following from international treaties on fundamental human rights, one of the parties of which is the Republic of Moldova, and shall not lead to discrimination of the individual or group of persons proceeding from racial, national distinctions or distinctions on language, religion, floor, political convictions or social origin.
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