LAW OF THE REPUBLIC OF MOLDOVA

of March 17, 2016 No. 36

About mail service

The parliament adopts this organic law.

This law shifts the Directive 97/67/EC of the European Parliament and Council of December 15, 1997 about general rules of development of the domestic market of mail services of Community and improvement of quality of servicing published in the Official log of the European Community L 15 of January 21, 1998; The Directive 2002/39/EC of the European Parliament and Council of June 10, 2002 about change of the Directive 97/67/EU on further opening for the competition of mail services of Community published in the Official log of the European Communities L 176 of July 5, 2002; The Directive 2008/6/EC of the European Parliament and Council of February 20, 2008 about change of the Directive 97/67/EU on complete realization of the domestic market of mail services of Community published in the Official log of the European Union by L 52 of February 27, 2008; Regulations (EU) of the European Parliament and Council 2018/644 of April 18, 2018 about cross-border services of delivery of sending, published in the Official log of the European Union by L 112/19 of May 2, 2018.

Chapter I. General provisions

Article 1. Law purpose

(1) This law establishes the main regulations and conditions of activities in the field of mail service, the legal basis of rendering mail services and ensuring access to universal mail service, the relations between suppliers of mail services and users of mail services, the rights and obligations of the state, physical persons and legal entities.

(This law regulates 2):

a) activities of mail operators, irrespective of property type, in the field of mail service;

b) funding mechanism for universal mail service on the conditions guaranteeing permanent provision of this service.

Article 2. Basic concepts

For the purpose of this law the following basic concepts are used:

the regulating body – body to which the state trusts the regulation functions falling under action of scope of this law;

general permission – legal regime which establishes inherent areas of mail service of the right and obligation allows to render mail services and, on circumstances, to create and manage mail networks for rendering such services and which does not assume receipt of the specific decision of the regulating body before performing the rights following from this permission;

sekogramma – the submitted openly sekografichesky mailings, cliche with sekografiya signs, the sound records and records on special paper intended only for use by blind persons if they go the organization for blind persons or are addressed to such organization;

the main requirements – the general terms of non-economic nature establishing the requirements for rendering mail services consisting in correspondence maintaining confidentiality, safety of mail network in transit of dangerous goods, observance according to the legislation of employment conditions, the social security systems provided by the normative and regulating acts and/or the collective agreement approved between social partners and also, in reasonable cases, data protection, environmental protection and observance of regulations of planning of the territory. Data protection includes personal data protection, confidentiality of the transferred or stored information and protection of the right to private life;

terminal expenses – remuneration to the supplier of universal mail service for mailing of the international post incoming on the territory of state member of Universal Postal Union and containing mailings from other state member of Universal Postal Union;

postal parcels – the objects having or not having commercial value, sent by means of mail networks;

mail service – the technological system of postal departments and mail routes providing acceptance, processing, transportation and mailing of mailings, and also provision of services of postal money transfers;

the receiver – physical person or legal entity to which address the mailing goes;

mailing of periodicals – the interaction between the supplier of mail services, publishing houses and receivers consisting in acceptance, processing, transportation and mailing of periodicals to receivers. Such relations are established on contractual basis;

integral things – the envelopes, aerograms or postcards with the brand printed with typographical method constituting whole;

the sender – physical person or legal entity which enters the mailing into mail network directly or through the third party;

prepayment – method of confirmation of advance payment of mail rates by means of stamps, self-adhesive labels or prints received by printing or stamping;

the service provider of delivery of postal parcels - the physical person or legal entity registered as the entrepreneur which renders one or several services of delivery of postal parcels except for suppliers who provide only national services of delivery of sending within the sales agreement, and as the party of the relevant agreement of the company carry out personal delivery to the user of the goods which are subject of the relevant agreement;

the supplier of mail services - the physical person or legal entity registered as the entrepreneur providing one or several mail services, and also others, adjacent to them, services;

the supplier of universal mail service – the supplier of mail services who renders services to mail service within universal mail service;

stamp – the printed valuable sign issued and introduced into circulation it is exclusive the state as the attribute of its sovereignty which is the proof of prepayment according to nominal value in case of its drawing on the mailing according to acts of Universal Postal Union;

the notification – submission by physical person or legal entity to the regulating body of the declaration on intention to start provision of mail services, the information necessary for maintaining the State register of suppliers of mail services containing the minimum quantity;

postal department – the object of mail service opened for general public for rendering mail services;

the periodical – the newspaper, the log, the almanac, the bulletin or other edition with the permanent name appearing two or more times within year;

direct mail advertizing – the mailings transported and delivered to the address specified by the sender on the departure or on its packaging, the surnames consisting only of promotional or marketing materials of identical content, except for, the address and identification number of the receiver if these departures are sent to the significant amount of receivers established by the regulating body. Are not direct mail advertizing:

– invoices, receipts, financial statements and other messages of different content;

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