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LAW OF THE REPUBLIC OF MOLDOVA

of March 4, 2016 No. 18

About the moratorium on the state control

For the purpose of creating favorable conditions for development of business environment, legislative and institutional optimization of control of activities of the physical persons and legal entities performing business activity, and creations of premises for expense estimation on carrying out the state control of business activity

The parliament adopts this organic law.

Article 1. Moratorium on the state control

(1) to Impose the three-months moratorium on planned or unplanned state control, including tax, financial, concerning quality of products/services, technology parameters and/or specific requirements for the performed types of activity, observance of regulations of labor protection and sanitary standards, carried out on places, in buildings, places of conducting activities or stay/storage of property of the persons registered in accordance with the established procedure performing business activity, the carried-out bodies given the right to initiate control according to provisions of the Law on the state control of business activity No. 131 of June 8, 2012, the Tax code No. 1163-XIII of April 24, 1997, the Law on the capital market No. 171 of July 11, 2012, the Law on activities of police and the status of the police officer No. 320 of December 27, 2012, and also other regulations regulating the state control.

(2) Rather customs control the moratorium is applied only to the subsequent control exercised by customs authorities based on the Customs code of the Republic of Moldova No. 1149-XIV of July 20, 2000.

(3) the Moratorium extends to the tax posts created by tax authorities for three-year term with possibility of its prolongation in accordance with the terms, stipulated in Article 5.

(4) the Moratorium does not extend to the control exercised:

a) during criminal prosecution;

b) National Bank of Moldova;

c) Audit Chamber of the Republic of Moldova;

d) The national commission on the financial market at the physical persons and legal entities performing insurance activity;

e) based on the statement of persons requesting about establishment or change of the size of pension, the bodies responsible for management of public system of social insurance for the purpose of and it is strict in the limits necessary for check of reliability of the documents confirming insurance years of service and the insured income;

f) according to statements of the physical persons and legal entities requesting issue/prolongation of licenses, permissions, certificates and other allowing documents and/or ascertaining of the facts;

g) according to the statement of consumers bodies, the equipped functions of protection of their rights according to the Marine life protection act of the rights of consumers No. 105-XV of March 13, 2003, in case of idea of reliable information of violation of the law;

h) within process about insolvency or liquidation of the physical persons or legal entities performing business activity it is strict in the limits necessary for refining of amount of requirements of the state;

i) in connection with return of the taxes paid to the national public budget, charges and other payments;

j) in the field of the state supervision of public health;

k) in the field of observance of fire protection regulations.

(5) Provisions of this law do not extend to establishment cases on site of the fact of making of incidents and circumstances in case of which they occurred.

Article 2. Implementation of the state control on an emergency basis

(1) In departure from part provisions (1) Article 1 in cases when there is explicit threat for life and health of the population, economic safety of the state and for the environment, the body equipped with control functions addresses to the Ministry of Economics with the petition for initiation of the state control on site in which are specified:

a) identification these persons which is subject to the state control on site;

b) motives of initiation of the state control on site;

c) subject, purpose and method of the state control on site;

d) duration of the state control on site;

e) date of the last state control on site;

f) the type of activity performed by the checked face;

g) the reasons and motives which interfere with carrying out the state control by requesting directly at person which is subject to control, documents and other information by means of mail services either through e-mail, or by the phone/fax, including information which according to the legislation person performing business activity shall not represent regularly;

h) the activities period which is subject to control.

(2) the Ministry of Economics considers the petition for initiation of the state control on site and makes the decision in the same day concerning need of its carrying out. The regulations on the procedure of consideration of the petition for initiation of the state control on site affirm the Government and are published on its official web page.

(3) the State control on site is not exercised if the situations provided by part (1), can be eliminated without its implementation or if the Ministry of Economics rejected the petition for initiation of the state control on site.

(4) the State control is on site exercised according to the procedure established by the legislation for unscheduled inspections with observance of the restrictions provided by this law and the decision of the Ministry of Economics.

Article 3. Will lock withdrawals of property, the documents and devices which are data carriers

(1) Organa, equipped with control functions, it is forbidden in the course of carrying out the state control on site provided by Items c) – j) to part (4) Article 1 and Article 2, to withdraw the property, documents or devices which are data carriers. The body equipped with functions of control, having the right to make copies, photo or videos from the documents and devices which are data carriers, to inspect, measure property or to take its samples.

(2) In case accomplishment of copies, photo or videos from the documents and devices which are data carriers is impossible or if person performing business activity does not allow carrying out such actions, the body equipped with control functions withdraws them, with indication of in the protocol of elements of identification of each document or the device. The withdrawn objects return monitoring body to the naikratchayshy time which shall not exceed three working days from the moment of withdrawal.

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