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:
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 emergency, obsidional or warlike situation elections are not allowed, except as specified, in which it is allowed based on the resolution of Parliament on the announcement of emergency, obsidional or warlike situation.
(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.
(1) According to the international obligations of the Republic of Moldova following from the International Covenant on Civil and Political Rights and the European convention on human rights protection and fundamental freedoms in case of the announcement of the emergency, obsidional or warlike situation Parliament or President of the Republic of Moldova in three-day time informs the UN Secretary General and the Secretary general of the Council of Europe on the restriction of the rights and freedoms of citizens which is departure from the obligations provided by the specified documents and also about amount and the reasons of these departures.
(The Parliament or the President of the Republic of Moldova shall inform 2) also the UN Secretary General and the Secretary general of the Council of Europe on cancellation of emergency, obsidional or warlike situation and complete renewal of action of the provisions of the International covenant and European convention specified in part (1).
(1) to the Citizens who were injured in the period of emergency, obsidional or warlike situation or as a result of work, connected with the announcement of emergency, obsidional or warlike situation, the living space is provided, the caused material damage is indemnified, help in employment and other necessary assistance is given.
(2) the Procedure and conditions of provision of living space, compensation of damage and rendering other help are established by the Government.
(1) for emergency, obsidional or warlike situation some powers of bodies of the central and local public authority are assigned to the competent authorities provided by this law, according to the procedure, established by the Government.
(2) in the conditions of emergency, obsidional or warlike situation bodies of the central and local public authority perform only those powers which were not delegated to the competent authorities specified in part (1), and shall give them support.
(1) When implementing the powers in the period of emergency, obsidional or warlike situation competent authorities publish within the competence orders and the orders obligatory for execution.
(Orders and orders shall contain 2):
a) their name, number and date;
b) the name of the competent authority which published them;
c) their legal base;
d) period of their application;
e) provided by them governed also measures, and also the sanctions applied in case of their non-compliance;
f) the name of body of the central and local public authority obliged to provide their accomplishment;
g) method of finishing them to data of the population;
h) seal of the competent authority which published them and the signature of his head.
Financing of the measures connected with the announcement of emergency, obsidional or warlike situation is performed at the expense of means state and local budgets, and also at the expense of other sources according to the legislation.
During action of the emergency, obsidional or warlike situation Parliament it cannot be dismissed. Its powers are prolonged by the organic law according to article 63 of the Constitution.
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