Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 17, 2015 No. 442

About approval of the Regulations on the mechanism of the conclusion, realization and the termination of international treaties

For the purpose of implementation of the Law No. 595-XIV of September 24, 1999 on international treaties of the Republic of Moldova (The official monitor of the Republic of Moldova, 2000, Art. No. 24-26, 137) DECIDES: the Government

1. Approve Regulations on the mechanism of the conclusion, applications and the terminations of international treaties it (is applied).

2. Recognize invalid:

The order of the Government of the Republic of Moldova No. 120 of February 12, 2001 about approval of the Regulations on the mechanism of the conclusion of international treaties (The official monitor of the Republic of Moldova, 2001, Art. No. 19-20, 160);

The order of the Government of the Republic of Moldova No. 169 of February 19, 2003. "About approval of changes and additions which are made to the Order of the Government of the Republic of Moldova No. 120 of February 12, 2001" (The official monitor of the Republic of Moldova, 2003, Art. No. 25-26, 182).

3. To impose control for accomplishment of this provision on the Ministry of Foreign Affairs and European Integration.

Temporarily acting as Prime Minister

Natalia Hermann

Approved by the Order of the Government of the Republic of Moldova of July 17, 2015 No. 442

Regulations on the mechanism of the conclusion, application and termination of international treaties

Chapter I. Basic concepts

1. Regulations on the mechanism of the conclusion, application and termination of international treaties (further – the Provision) determine procedures of initiation of negotiations, negotiating, signing, entry into force, application, suspension, denouncement or cancellation of international treaties, regulates the procedure of accession to international treaties, acceptances, approvals and their ratifications, and also establishes procedures of provision of powers, conditions of the formulation and removal of clauses, objections and declarations.

2. The central industry bodies of public management perform the functions in the field of the conclusion of agreements only by means of the Ministry of Foreign Affairs and European Integration or in close cooperation with it.

3. This Provision performs regulations of the Constitution of the Republic of Moldova, the Vienna convention on the right of international treaties of May 23, 1969, the Vienna convention on legal succession of the states concerning international treaties of August 23, 1978, other international agreements which party is the Republic of Moldova, the Law on international treaties of the Republic of Moldova No. 595-XIV of September 24, 1999, the Presidential decree of the Republic of Moldova No. 101 of April 12, 1996 about enhancement of the relations of the Republic of Moldova with other states in scope of international treaties and other existing regulations. The Ministry of Foreign Affairs and European Integration within the competence will inform the President of the Republic of Moldova, the Government and Parliament the revealed cases of violation of the above-stated regulations and will provide relevant proposals for their elimination.

4. For the purpose of this provision the basic concepts determined in the Law No. 595-XIV of September 24, 1999 on international treaties of the Republic of Moldova with subsequent changes, and also the following concepts are applied:

the bilateral agreement – the international treaty signed between two states or between the state and the international organization or between two international organizations;

the multi-lateral agreement – the international treaty signed between more than two states and/or the international organizations;

objection – the unilateral act made in writing by one of the parties of the multi-lateral agreement concerning the clause made by other party which informs all agreement parties that this clause is not accepted;

the standard project – the draft of the bilateral or multi-lateral agreement developed by the Republic of Moldova or in the international organization which contains uniform Provisions and which shall be assumed as a basis for negotiations of bilateral or multi-lateral agreements;

the international conference – meeting, regardless of the name, representatives of two or more states and/or the international organizations for the purpose of discussion and/or decision making on the questions which are of mutual interest;

the international organization – the international intergovernmental authority founded according to the international treaty which is subject of international law;

diplomatic channels – the means of communication between the Ministries of Foreign Affairs of the states, the international organizations and their diplomatic missions or representations;

body, the actionee of the agreement – the ministry or other central administrative authorities which competences include ensuring agreement performance or which is authorized for this purpose by Parliament or the Government;

the party – the state or the international organization which signs the international treaty, irrespective of its category (interstate, intergovernmental or interdepartmental);

other party - the party or agreement parties, except the Moldavian side;

the official translation – the authentic statement of the text of the document from one language on another provided with the body responsible for the conclusion of the agreement.

5. The bodies responsible for the conclusion of the agreement are the ministries or other central administrative authorities authorized according to the legislation to conduct negotiations and to sign the international agreements. In case of impossibility to establish the body responsible for the conclusion of the agreement, the Ministry of Foreign Affairs and European Integration can offer the Government or to the President of the Republic of Moldova to authorize the central industry body of public management or other organization to perform functions of the body responsible for the conclusion of the agreement.

6. The body responsible for the conclusion of the agreement is given the following authority:

1) develops texts of international treaties, conducts negotiations and signs the international agreements according to the powers issued according to the procedure, established by the Law No. 595-XIV of September 24, 1999 on international treaties of the Republic of Moldova, including interdepartmental agreements with similar bodies of other countries and the profile international organizations within the competence established by the legislation;

Provides 2), if necessary, together with other authorized bodies, obligation fulfillment and realization of the rights following from international treaties which belong to their sphere of activity and exercises control of their execution by other agreement party;

3) is supported by cooperation with similar foreign bodies and the profile international organizations.

7. According to determination of the Law No. 595-XIV of September 24, 1999 on international treaties of the Republic of Moldova and this Provision any agreement, irrespective of its name which corresponds to at least one of the following criteria is not the international treaty:

1) it is not concluded in writing;

2) it is concluded with body which is not subject of international law;

3) it is not regulated by rules of international law, and/or the document directly provides what is not the international treaty.

8. The procedures specified by this Provision are not applied to documents which are not international treaties. The fact that the document which is not the international treaty was subject intentionally or to unintentionally certain procedures established by this Provision does not attach it significance of the international treaty. Before the conclusion of arrangements with foreign elements which are not international treaties, the conclusion of the Ministry of Foreign Affairs and European Integration which will express also in general context of promotion of foreign policy of the Republic of Moldova will be requested.

9. The status of future document offered for the conclusion will be determined in the course of preliminary consultations between the parties, before creation of the text. In the course of creation of the text of the interdepartmental agreement the fact that the legislation of some states does not equate interdepartmental documents to international treaties will be taken into account.

10. In the course of creation of the text of the document which, according to intentions of the parties, will not constitute the international treaty the criteria specified in this Chapter will be considered also language which determines the exact project status and excludes in the future any ambiguities will be used. The text of the document which is not the international treaty will not contain provisions or concepts which can mislead or concern binding character of the document, its reality, the procedure for entry into force, the mode of dispute settlement or other characteristics inherent only in the international treaty.

Chapter II. Consideration of feasibility of the conclusion of the agreement

11. The initiative of negotiation and the conclusion of the international treaty belongs to the body responsible for the conclusion of the agreement.

12. As a rule, precede the conclusion of the agreement consultations with other party or other parties for determination of their interest in the conclusion of the agreement, and also for establishment of feasibility of creation, negotiation, signing, adoption of the agreement or accession to the agreement. The body responsible for the conclusion of the agreement, or the person holding consultations, having no right to conduct negotiations according to the draft agreement or to perform other operations connected with the conclusion of the agreement outside the procedure established in this Provision.

13. Consultations are held by the direct body responsible for the conclusion of the agreement, with the subsequent informing the Ministry of Foreign Affairs and European Integration on content and results of consultations. In case of certain difficulties in receipt of basic consent to initiation of negotiations on agreements which are of great interest to the Republic of Moldova consultations can be held by means of the Ministry of Foreign Affairs and European Integration.

14. The beginning of consultations with other party can be performed only after preliminary consultation with the Ministry of Foreign Affairs and European Integration and only in case of its approval for the purpose of providing the consecutive and approved foreign policy.

15. Before creation of the text of the agreement the body responsible for the conclusion of the agreement shall establish:

Whether 1) there corresponds future agreement to interests of the Republic of Moldova;

2) availability of explicit intention of all parties to sign the international treaty even if the document offered for the conclusion will not be the international treaty;

3) agreement type (interstate, intergovernmental or interdepartmental);

4) language in which negotiations will be conducted and, perhaps, also what will be authentic language or languages in which the agreement will be signed;

5) existence of other states with which negotiations or with which similar agreements were signed are conducted.

16. The Ministry of Foreign Affairs and European Integration based on information received from diplomatic representations of the Republic of Moldova, from other states or the international organizations or their missions and representations can provide to the bodies responsible for the conclusion of the agreement, the offer for consideration of feasibility of the conclusion of the agreement. Diplomatic representations of the Republic of Moldova will monitor development in the field of agreements in the states and the international organizations of accreditation and to represent to the Ministry of Foreign Affairs and European Integration of the offer for extension of the bilateral and multilateral contractual legal base of the Republic of Moldova by the conclusion of new agreements or by modification of current agreements.

Chapter III. Development of the text of the agreement

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.