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RESOLUTION OF PARLIAMENT OF THE REPUBLIC OF MOLDOVA

of February 17, 1999 No. 283-XIV

About approval of the Regulations on procedure for realization of military equipment, arms and other military technical means which are under authority of Armed forces of the Republic of Moldova

(as amended on 27-07-2018)

The parliament accepts this resolution.

Art. 1. - Approve the enclosed Regulations on procedure for realization of military equipment, the arms and other military technical means which are under authority of Armed forces of the Republic of Moldova.

Art. 2. - This resolution becomes effective from the date of acceptance.

 

Chairman of the parliament

To Dumitr Dyakov

Appendix

Regulations on procedure for realization of military equipment, the arms and other military technical means which are under authority of Armed forces of the Republic of Moldova

I. General provisions

1.1. This provision is developed according to the current legislation and establishes procedure for realization (sale) for property of Armed forces of the Republic of Moldova.

1.2. According to this provision of realization arms, military equipment, and also products of dual purpose (civil and military) - special and computer facilities, vehicles, means of communication and ASUV, buildings and constructions (further - assets) determined based on the joint and detailed inventory which is carried out by the relevant ministries and other central administrative authorities, and included in lists (lists) of idle property of Armed forces approved by Parliament are subject.

1.3. Realization the assets taken on staffs and sheets of equipment of military units, other forming and organizations of Armed forces is not subject. Determination of these assets is competence of the Government.

1.4. Action of this provision extends to military units, other forming and organizations of the Government, the Ministry of Defence, the Ministry of Internal Affairs, Service of information and safety and the Border service.

II. Purposes and tasks

2.1. Realization of assets represents complex of the events held by the relevant ministries, other central administrative authorities and other bodies of public management for the purpose of timely release from excessive, which served fixed term obsolete and idle assets.

2.2. Preparation for realization and realization of assets includes:

a) carrying out joint and detailed inventories of assets by the departmental commissions;

b) creation by the departmental commissions of lists (lists) of the assets offered to realization, consideration by their Military board (boards of the ministries, other central administrative authorities), to Commanders-in-chief of Armed forces, Government commission on realization of assets of Armed forces (further - Government commission) for the subsequent approval by Parliament;

c) approval of lists (lists) of assets by Parliament after their consideration by the Commission on homeland security, defense and public order;

d) actually realization of assets by the relevant ministries and other central administrative authorities of the decision of the Government.

2.3. Criteria of determination of the assets included in lists of the assets offered to realization:

a) impossibility of carrying out their repair because of technical damage, moral or physical wear;

b) unprofitability of use in connection with change of service conditions;

c) hopelessness of further operation because of high cost of content and use;

d) redundancy of assets in connection with change of organizational and regular structure.

III. The bodies performing preparation for realization and practical realization of assets, their rights and obligation

3.1. Subjects of this provision are:

a) departmental commissions of the relevant ministries, other central administrative authorities;

b) Military board (board of the ministries, other central administrative authorities);

c) Commander-in-chief of Armed forces;

d) Government commission;

d-1) Government;

(The subitem of d-1) is entered according to the Resolution of Parliament of the Republic of Moldova of 08.11.2012 No. 253) 

d-2) the Interdepartmental commission on export control, re-export, import and transit of strategic goods - if assets on which the decision on their practical realization was made are subject to export out of limits of customs area of the Republic of Moldova;

e) Commission on homeland security, defense and public order of Parliament;

f) Parliament;

g) Ceased to be valid according to the Resolution of Parliament of the Republic of Moldova of 08.11.2012 No. 253

3.2. The departmental commission will be formed and appears the order of the corresponding minister or CEO (director) of other central administrative authority. The departmental commission the head of the body which created the commission or his deputy who will fulfill also the commission chairman's duties without fail is included. In need of structure of the commission specialists from areas which realization of assets can affect can be included (safety, foreign policy, economy, etc.).

3.3. Enters competence of the departmental commission:

a) creation of lists (lists) of the assets offered to realization;

b) carrying out joint and detailed inventory, determination of actual cost of the assets offered to realization;

c) preparation of estimative acts;

d) introduction of offers on original price of the asset sale determined proceeding from residual estimated value, real estimated value and market demand;

e) consideration of the applications (offers) on acquisition of assets of Armed forces of the Republic of Moldova;

f) the organization and carrying out for the decision of the Government of tenders on realization of assets of Armed forces of the Republic of Moldova and if necessary execution of purchase and sale agreements of assets;

g) approval of results of tenders and establishment of potential buyers;

h) maintaining with potential buyers of direct negotiations and realization of assets without carrying out tenders on realization according to the decision of the Government and if necessary execution of purchase and sale agreements of assets;

i) verification of constituent documents of the companies which acquire property of Armed forces, legality of certificates of final consumers, and also other documents.

3.4. For the purpose of creation of lists (lists) of the assets offered to realization, the departmental commission:

a) establishes original price of assets proceeding from book estimated value according to relevant provisions about revaluation (indexation) of fixed assets and real physical wear of assets;

b) considers in case of assessment of real physical wear of assets their capability to functioning, technical condition, appearance, possible costs for repair, perspectives of operation and further use.

3.5. In case the residual estimated value of assets is equal to zero or does not correspond real, the selling price is determined by conducting examination.

3.6. The assets containing precious metals can be included in the list (list) of the assets offered to realization only after preliminary approval of the Ministry of Finance.

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