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LAW OF THE REPUBLIC OF MOLDOVA

of December 3, 2015 No. 219

About participation of the Republic of Moldova in international missions and transactions

(as amended of the Law of the Republic of Moldova of 03.12.2015 No. 270)

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Regulation subject

This law regulates conditions of participation in the international missions and transactions performed outside the territory of the Republic of Moldova according to provisions of the Charter of the UN and international treaties which party is the Republic of Moldova.

Article 2. Basic concepts

For the purpose of this law the following concepts are determined:

the international transactions – the transactions including set of the actions of military and other nature which are carried out by armed forces (troops) under the mandate of the UN for the purpose of providing international peace and safety, respect for human rights, strengthening of institutional potential, and also rendering other necessary assistance in providing the world;

international missions – the civil missions for assistance performed by the international organizations or for their mandate, designed to restore order, to advance democracy and rule of law, to promote respect for human rights and strengthening of institutional potential, and also to give other necessary assistance in ensuring effective functioning of the state;

competent authorities – the ministries and other central administrative authorities, and also other state bodies subordinated to the Government having human resources for participation in international missions and transactions;

personnel – the staff of competent authorities (including being in reserve of data of bodies) recalled for certain term for participation in international missions and transactions;

the contingent – the personnel organized under single management from among staff of forces of national system of defense;

rules of participation – the approved instructions accepted according to international mission or transaction establishing powers of personnel from among staff of forces of national system of defense concerning time and procedure for use of force when implementing international mission or transaction. These instructions are fixed asset of the message to armed forces of legal, political and military recommendations from command.

Article 3. Law purpose

The purpose of this law is creation of the legal basis of ensuring accomplishment by the Republic of Moldova of obligations assumed within the Charter of the UN, agreements signed with the European Union, other international organizations and foreign states, designed to promote peacekeeping, the international security and stability, rule of law, observance of the rights and fundamental freedoms of the person, development and proper functioning of the states.

Article 4. Legal basis of participation in international missions and transactions

(1) the mandate of the UN Security Council, the international agreements which party is the Republic of Moldova, the Constitution of the Republic of Moldova and this law form the Legal basis of participation in the international transactions.

(2) the international agreements which party is the Republic of Moldova, and the legislation of the Republic of Moldova form the Legal basis of participation in international missions.

Article 5. Basic principles of participation in international missions and transactions

The principles of participation in international missions and transactions follow from interests of the state and the international obligations assumed based on international treaties. The following principles prevail:

a) consent of the state or states to carrying out to its or their territories of international mission or transaction. Exception of this provision are the missions or transactions initiated with the consent of the international community in strict accordance with regulations and the principles of international law with threat to peace and the international security when the consent of conflicting parties cannot be received;

b) impartiality of personnel from the Republic of Moldova when implementing the mandate of mission or transaction, without rendering preference to any party of the conflict or causing damage of the either party;

c) nonuse of force, except as specified self-defenses and other exceptional cases provided by the mandate of the international transaction. Forces of national system of defense can use the minimum force necessary for achievement of military tasks, in strict accordance with provisions of international law.

Chapter II. Participation in the international transactions

Article 6. Decision making about participation in the international transactions

(1) the Decision on participation of the contingent of forces of national system of defense by the weapon, ammunition, the machinery and equipment which are under their authority in the international transactions is accepted by the resolution of Parliament on government proposal.

(2) the Response of the contingent of forces of national system of defense from the international transaction is performed according to the decision of Parliament in case the international military-political situation undergoes the changes caused by non-compliance with provisions of the agreement on the status of the international forces on peacekeeping, and also non-compliance with provisions of the Charter of the UN or when this response is proved by national interests of the country.

(3) Decisions on sending out on business in individual procedure for persons from among staff of forces of national system of defense for participation in the international transactions, and also about withdrawal of those are accepted by competent authorities owing to adoption by the Ministry of Foreign Affairs and European Integration of the decision on feasibility of participation in the corresponding international transactions.

(4) Sending out on business in individual procedure for persons from among staff of forces of national system of defense for participation in the international transactions or the withdrawal of those is performed according to Chapter III provisions.

Article 7. Technical agreements

(1) For the purpose of determination of details of participation of the contingent of forces of national system of defense in the international transactions as a part of the international forces or within divisions of other states of structure of competent authorities sign technical agreements.

(2) the Procedure for the conclusion of technical agreements affirms the order of the Government.

Article 8. Delegation of power

(1) Delegation of power is performed by competent authorities and represents action for transfer of operational and/or tactical control by the Republic of Moldova over the contingent of forces of national system of defense participating in certain international transaction, to the commander or the command performing management of the corresponding transaction.

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