Concerning The Moratorium On State Control

Original Language Title: privind moratoriul asupra controlului de stat

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5966048/privind-moratoriul-asupra-controlului-de-stat.html

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    For the purpose of creating favourable conditions for the development of the business environment, optimization of the legislative and institutional checks on the activity of natural and legal persons engaged in entrepreneurial activity and the creation of preconditions for the evaluation of the costs associated with conducting the Affairs of State control, the Parliament adopts this organic law.
Article 1. Moratorium on State control (1) is hereby imposed moratorium for a period of 3 months, over control of the State, including fiscal, financial, quality of products/services, technological parameters and/or specific requirements for the type of activity carried out, regarding compliance with the rules for the protection of labour and health, planned or unannounced, performed on the spot, on the premises, places of business or finding out/safe custody of persons registered as carrying out entrepreneurial activity by the competent bodies entitled to initiate checks on the basis of the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State, fiscal code no. 1163-XIII of 24 April 1997, of the law. 171 of 11 July 2012 concerning the capital market, of law No. 320 of 27 December 2012 on the activity of the police and the police, as well as other normative acts that regulate State control (2) In what part of customs control, moratorium applies only on subsequent checks carried out by customs under the customs code of the Republic of Moldova nr. 1149-XIV of July 20, 2000.
(3) the tax moratorium creates stations by the tax bodies shall apply for a period of 3 months, with the possibility of an extension of the moratorium under the conditions of art. 5. (4) the Suspension shall not apply to: a) during criminal prosecution;
b) National Bank of Moldova;
c) of the Court of Auditors of the Republic of Moldova;
(d) the National Commission) financial market in respect of natural and legal persons carrying on of insurance activity;
e) by the bodies responsible for the management of the public social insurance system, within the limits strictly necessary in order to verify the authenticity and documents confirming the income contribution and insights provided by virtue of the application of persons who have applied for the establishment or modification of the amount of pension;
f) at the request of individuals and legal entities for issuing authorizations/licences, extension, certificates and other permissive documents and/or concerning the discovery of facts;
g) at the request of the consumer, by the competent bodies with functions of their protection under the law No. 105-XV of 13 March 2003 on the protection of consumers, in cases where the presentation of the information truthful about breach;
h) within the limits strictly necessary for clarification of the amount of the claims of the State, in the process of insolvency or liquidation of natural or legal persons engaged in entrepreneurial activity;
I) in relation to the refund of taxes, fees and other payments from the national public budget;
j) surveillance of public health;
k) for compliance with the standards of safety.
(5) this Act does not apply in cases where finding the spot of accidents and circumstances under which they were made.
In article 2. Carrying out of State control (1) by way of derogation from the provisions of art. 1 (1). (1) in cases where there is an imminent danger to life and health of the population, the State's economic security and the environment, the body entrusted with functions of control addresses Ministry of economy approach concerning the taking-up of State control on the spot, showing: a) identification data of the person to be subject to State control on the spot;
b) state the reasons for the initiation and control on the spot;
(c) the subject-matter, purpose and) method of State control on the spot;
d carry out) the State on the spot;
e) date of last State inspection on the spot;
f) type of activity carried out by the person checked;
g) causes and reasons that make it impossible to control the State through direct request from the person being controlled documentation and other information via postal service or via email, or via phone/fax, including the information required by law, the person engaged in entrepreneurial activity is not obligated to provide them regularly;
h) period of supervised activity.
(2) the Ministry of economic affairs examines the approach concerning the taking-up of State control on the spot and is exposed by the decision the same day, on the need to carry out it. The regulation on the procedure for examining the approach regarding the initiation of State control on the spot shall be approved by the Government and published on the official website.
(3) State control on the spot shall not be made if the circumstances referred to in paragraph 1. (1) can be remedied outside or if the Ministry of Economic Affairs has rejected the approach concerning the taking-up of State control on the spot.
(4) State control on the spot shall be conducted in accordance with the procedure established by law to carry out unannounced, in compliance with the restrictions laid down by this law and the decision of the Ministry of economy.
Article 3.  Înterdicția lifting of goods, documents and data storage devices (1) Body empowered with control functions is prohibited, in the process of State control on the spot; 1 (1). (4) (a). c)-j) and art. 2, to pick up goods, documents or data storage devices. Body empowered with control functions has the right to make copies, records, photo or video on the documents and data storage devices, to inspect, to measure the goods or take samples therefrom.
(2) where it is impossible to record backing, photo or video on the documents and data storage devices or the person engaged in entrepreneurial activity does not allow you to perform these actions, the organ entrusted with supervisory functions in relation with an indication in the minutes drawn up of individualization of each document or device. High objects returned by the body empowered with control functions in the shortest time possible, but not later than 3 business days from the time of their removal.
Article 4. To prevent damage to the activity of the person under scrutiny (1) in the process of the checks provided for in article 10. 1 (1). (4) (a). c)-j) and art. 2, organ empowered with control functions is prohibited to affix seals on goods or seizure, rooms or any other objects or to take other measures which could lead to partial or total suspension of activities of the person to be tested, except in cases where the continuation of the activity would cause severe damages imminent life or human health.
(2) smoking is prohibited on the premises of such searches, places of business or of property of persons engaged in entrepreneurial activity in proceedings in respect of a photographic plastic counterpart. 542, 55-58, 741, 77, 80, 81-801, 84, 86, 90, 94, 911-972, 98-103, 108-115, 119, 121-124, 131, 133, 134, 142, 144, 146-156, 159, 160, 166, 169, 170, 177, 184-186, 188, 191-197, 207, 214, 221, 246-252, 271, 273, 2661, 274, 276, 277, 279, 282, 284-286, 2931, 2932, 295, 299, 344 and 345 of the code of law of the Republic of Moldova nr. 218-XVI dated October 24, 2008, if the subject is contravenției natural or legal person engaged in entrepreneurial activity.
(3) it is prohibited to lifting goods, documents or data storage devices if the finding specified in paragraph 1, a photographic plastic counterpart (2) the authorized body for carrying out a search of the right to make copies, records, photo or video on the documents and data storage devices, to inspect, to measure the goods or take samples therefrom.
Article 5. Extension of a moratorium on State control (1) before the expiry of the period laid down in article 21. 1 (1). (1) the Government has the right to decide on the extension of the moratorium on State control, where this is possible without endangering the life and health of the population, public order, public budget income accumulation and discharge the obligations arising from international treaties.
(2) the extension of a moratorium on State control shall be ordered for a period not exceeding 3 months.
In article 6. Protective measures

(1) in the case of the State control the provisions of this law, contrary and in cases where failure to meet the deadline for the moratorium, the lack of a decision by the Ministry of economy, production of goods, removal of documents or data storage devices, application of seizure or seals on goods or rooms, affected individuals have the right to appeal to the police to stop illicit actions, including on-site disposal of those carrying out the checks.
(2) for breaching the provisions of this article, the responsible persons, including employees of the authorised body control functions, bear criminal responsibility, contravențională and disciplinary action, as appropriate.
Article 7. Final provisions (1) at the offices of State control, places of business or finding out/safe custody of persons engaged in entrepreneur activities initiated in the areas referred to in article 1. 1 (1). (1) the date shall cease at the force of the present law, with the Act of finding within 5 working days.
(2) the results of the monitoring completed state or the date stopped the force of this law shall be examined in the manner established by law.
(3) at the request of the operator, State control instituted before the entry into force of this law may be completed for the entire period of supervised activity, established initially.