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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 30, 2016 No. 1447

About State commission by assessment, writedown and rejection of weapon

(as amended on 15-06-2020)

Based on Item d) parts (2) article 3 of the Law No. 130 of June 8, 2012 on the mode of weapon and ammunition of civil appointment (The official monitor of the Republic of Moldova, 2012, Art. No. 222-227, 721), with subsequent changes, and also for the purpose of establishment of methodological regulations by assessment, writedown and rejection of weapon DECIDES: the Government

1. Approve:

1) Regulations on State commission by assessment, writedown and rejection of weapon, according to appendix No. 1;

2) Structure of State commission by assessment, writedown and rejection of weapon, according to appendix No. 2;

3) Regulations on certification of appraisers of weapon, according to appendix No. 3.

2. Determine that in case of release from the held public positions of persons from structure of said commission, their obligations within the Commission will be carried out by persons who are again appointed to the corresponding positions without adoption of the new order of the Government.

3. To the ministries, other central administrative authorities and bodies of local public authority to take necessary measures for acquaintance of physical persons and legal entities which have in private and state-owned property lethal and non-lethal weapon, with specific activities for import and export, transportation, storage, use, application, testing, repair and technical inspection of this weapon.

4. Recognize invalid some orders of the Government, according to appendix No. 4.

Prime Minister

Paweê Phillip

Countersign:

deputy. Prime Minister, Minister of Economic Affairs

 

Octavian Kalmyk

Minister of Internal Affairs

 Aleksandra Zhizdan

 

Appendix №1

to the Order of the Government of the Republic of Moldova of December 30, 2016 No. 1447

Regulations on State commission by assessment, writedown and rejection of weapon

I. General provisions

1. State commission by assessment, writedown and rejection of weapon (further – the Commission) is formed for realization of provisions of the Law No. 130 of June 8, 2012 on the mode of weapon and ammunition of civil appointment.

2. In the activities the Commission is guided by the Constitution of the Republic of Moldova, acting legislative and regulations, and also this provision.

3. The commission has round stamp with the name which is stored at the secretary of the Commission.

4. In this provision the following concepts are used:

1) educational weapon - the weapon used in the course of carrying out studies for the purpose of economy of ammunition and technical resources of the main weapon;

2) defective weapon - the firearms prohibited to proper use from the moment of detection and registration of defects, except for the defects specified in Item 8 of appendix No. 1 to this provision;

3) ownerless weapon - weapon which owner is absent or is unknown. Weapon is recognized ownerless, illegally stored without documents on origin, confiscated or with expired for inheritances based on the decisions of degrees of jurisdiction passed according to statements of competent legal authorities. The application for recognition of weapon is submitted by ownerless after six months from the date of acceptance of this weapon on accounting;

4) the withdrawn weapon - the weapon which is compulsorily withdrawn from circulation by competent authorities according to the current legislation;

5) model - sign or any combination of the protected signs which allow to differentiate the weapon and ammunition made by one arms manufacturer from the same weapon and ammunition of other producers;

6) weapon writedown – quality standard of weapon by methods of comparison or the corresponding measurements for the purpose of determination of quality and degree of their compliance to the main requirements of indicators of parameters of safety;

7) weapon assessment – price fixation or costs of weapon according to the established procedures and rules, considering their depreciation, technical condition, appearance, originality, the demand and supply;

8) rejection of weapon – process of survey of weapon in case of which it is determined that weapon does not conform to the existing standards and cannot be used for special purpose, with the subsequent decision making about write-off.

II. Structure and tasks of the Commission

5. Representatives of the General inspectorate of police of the Ministry of Internal Affairs, State Tax Administration of the Ministry of Finance, Technical center of industrial safety and certification, the director of one of specialized shops selling weapon and one weapon master are part of the Commission. The chairman, the vice-chairman, the secretary and members of the commission receive the salary and allowances provided for the held main positions in the central industry bodies of public management, the organizations or at the companies in which they work.

6. The structure and structure of the Commission affirm the Government according to the offer of the Ministry of Internal Affairs. Members of the commission shall conform to the following requirements:

1) to be competent, objective, responsible, incorruptible, basic and impartial, to know state language, to observe the current legislation;

2) thoroughly to know methods and procedures of activities for weapon assessment, and also the legislation concerning traffic in weapons and ammunition in the territory of the Republic of Moldova, to have the corresponding professional and technical knowledge in these activities, to constitute necessary documents and to observe procedures for assessment, writedown and rejection of weapon according to the current legislation.

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