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of December 16, 2004 No. 424-XV

About review and optimization of the regulatory base of regulation of business activity

The parliament adopts this organic law.

Article 1. Subject of this law

This law establishes the principles and actions for review of the regulatory base for the purpose of exception or the non-admission of the provisions which are not corresponding to the legislation and is not oriented to market economy and also on ensuring stability and quality of regulation of business activity in order to avoid barriers in the field of entrepreneurship.

Article 2. Basic principles of review and optimization of the regulatory base of regulation of business activity

Review and optimization of the regulatory base of regulation of business activity are based on the following principles:

a) transparency and stability of regulation of business activity;

b) presumption of observance of regulations by subjects of business activity; interpretation for benefit of the subject of business activity in case of doubts in application of any provision of the legislation on business activity;

c) non-interference to business activity, including non-admission of its suspension, except as specified, accurately determined by the legislation;

d) financing from the budget of the ministries, departments, bodies of local public authority, other administrative authorities, and also inspections, the agencies, services and other subordinates and/or subordinated organizations with functions of state regulation, control and inspection (further - bodies of public management), except as specified, determined by the legislation;

e) separation of functions of bodies of public management for state regulation, control and inspection and functions on provision of services on assessment of conformity and other paid services;

f) non-admission of establishment and collection by bodies of public management of other service fees for issue of the licenses, permissions and other acts concerning business activity except the payments which are accurately determined by the laws and/or resolutions of Parliament and Government accepted according to legislation provisions with indication of service and the amount of payment for this service;

g) non-admission of establishment and reclamation of other documents for issue of the licenses, permissions and other acts concerning business activity, except documents, precisely and more exhaustively established in the laws, resolutions and/or ordinances of the Government accepted according to legislation provisions and also non-admission of violation of fixed terms.

Article 3. Review of official acts

(1) All regulations of the Government and other bodies of public management (further - official acts) are reviewed according to provisions of this law. Review of official acts consists in the analysis of their content for the purpose of assessment of conformity to the principles of market economy.

(2) Each official act is considered on the basis of the following criteria:

a) legality of the official act (compliance to its content and purpose of the law; for regulations of the central bodies vlastiopublikovaniye in the Official monitor of the Republic of Moldova);

b) compliance to the principles established in Article 2;

c) compliance to requirements of the Law on regulations of the Government and Law on local public authority.

(3) Upon completion of review official acts join in the Register of the official acts regulating business activity (further - the Register) which conducts the Ministry of Economics.

(4) the Register is constituted on the sample approved by State commission on regulation of business activity on the basis of the following data:

a) acceptance date, number, name and contents of the official act;

b) the body of public management which adopted the official act;

c) data on inclusion in the State register of legal acts;

d) data on publication of the official act (if its publication is provided by the law);

e) data on the changes made to the official act and additions.

(5) Review of official acts is performed in three stages.

Article 4. Review of official acts at the first stage

(1) In a month from the date of entry into force of this law each body of public management considers official acts in the field of the activities on the basis of the criteria established in part (2) Article 3.

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