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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of February 19, 2016 No. 164

About approval of the Regulations on activities of boundary representatives

(as amended of the Order of the Government of the Republic of Moldova of 21.11.2018 No. 1145)

Based on part provisions (1) article 27 of the Law No. 215 of November 4, 2011 on frontier of the Republic of Moldova (The official monitor of the Republic of Moldova, 2012, Art. No. 76-80, 243) DECIDES: the Government

1. Approve Regulations on activities of boundary representatives it (is applied).

2. Appoint the chief of the General inspectorate of Boundary police the chief boundary representative.

3. Recognize invalid:

The order of the Government No. 325 of March 20, 2003. "About approval of the Regulations on activities of boundary representatives" (The official monitor of the Republic of Moldova, 2003, Art. No. 56-58, 348);

Item 10 of Changes and additions which are made to some orders of the Government approved by appendix No. 1 to the Order of the Government No. 925 of December 12, 2012. "About approval of amendments and recognition voided some orders of the Government" (The official monitor of the Republic of Moldova, 2012, Art. No. 270-272, 1013).

4. To impose control of execution of this resolution on the Ministry of Internal Affairs.

Prime Minister

Paweê Phillip

Countersigns:

Minister of Internal Affairs

 

Aleksandra Zhizdan

Approved by the Order of the Government of the Republic of Moldova of February 19, 2016 No. 164

Regulations on activities of boundary representatives

Chapter I. Basic provisions

1. The regulations on activities of boundary representatives (further – the Provision) establish procedure for the organization of activities, task, the right, obligation, prohibitions and forms of activities of boundary representatives.

2. The chief boundary representative by means of the order can delegate the powers to one of the deputies.

3. The chief boundary representative appoints boundary representatives, directs and coordinates their activities.

4. The boundary representative is appointed from structure of Regional government of Boundary police.

5. Boundary representatives, are appointed from category of boundary police officers and are authorized to fulfill the obligations provided by bilateral agreements and this Provision.

6. In case of need, the chief boundary representative has the right to involve as the experts specialists from the central public bodies, and also translators.

7. Activities of boundary representatives represent the measures performed by boundary representatives in the field of safety of frontier based on the principles of territorial integrity, respect for sovereignty and immunity of frontier.

8. In the activities boundary representatives are guided by requirements of the agreements signed with neighboring states in the field of boundary regime, the Law No. 215 of November 4, 2011 on frontier of the Republic of Moldova, the Law No. 283 of December 28, 2011 on Boundary police, this Provision, and also other regulations in the field.

Chapter II. Organization of activities of boundary representatives

9. Their deputies and assistants give to boundary representatives in their activities support.

10. Deputies and assistants are appointed the boundary representative, in coordination with the chief boundary representative.

11. About persons designated as deputies and assistants, boundary representatives inform in written to form of colleagues of the adjacent states located near responsibility zone with indication of surname, name, special rank, post.

12. In the absence of the boundary representative its duties are fulfilled by the deputy boundary representative.

13. Assistants to the boundary representative perform the activities under direct management of the boundary representative and have the right to perform, on specifying of the boundary representative, investigation of violations of the mode of frontier, reception-transmission of persons, pets, material property, to be present at joint studying of border markers and their repair, to participate in the held joint sittings.

14. Assistants to boundary representatives draw up the statements drafted in the course of activities of boundary representatives.

15. The experts involved in activities develop offers in the areas requested by boundary representatives.

Chapter III. Tasks, rights, obligations and prohibitions of boundary representatives

16. Boundary representatives have the following tasks:

1) provide realization of provisions of the agreements signed with the adjacent states about the frontier mode;

2) analyze situation in case of control of frontier and make proposals on counteraction or prevention of violations of the mode of frontier;

3) participate in planning, preparation and carrying out all forms of activities requiring their participation check their accomplishment by deputies and assistants and provide necessary assistance;

4) are organized and direct activities of deputies and assistants, and also other persons participating in these activities;

5) cooperate with boundary representatives of the adjacent states.

17. Boundary representatives have the right on:

1) conducting correspondence with boundary representatives / colleagues of the adjacent states on the questions connected with their competence;

2) organization/participation in joint meetings and meetings, including implementation of joint investigations of violations of the mode of frontier;

3) attraction, based on the official petition, experts and translators from other public bodies;

4) free request and obtaining from public bodies, physical persons and legal entities of information which is of interest to their activities;

5) crossing of frontier through check points and out of them, as necessary, together with deputies and assistants, after approval of colleagues of the adjacent state, for the purpose of realization of representative activities according to the requirements provided by bilateral agreements;

18. Belongs to duties of boundary representatives:

1) to know exact passing of frontier and its designation on the area;

2) to observe provisions of the agreements concerning frontier, signed with the adjacent states;

3) to take measures for the purpose of the prevention of violations of the mode of frontier;

4) to protect interests of the Republic of Moldova in the performed activities;

5) to observe the laws of the adjacent states during stay in their territory;

6) to provide security of person of boundary representatives of the adjacent states during their stay in the territory of the Republic of Moldova in case of accomplishment of powers by them;

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