Concerning The Participation Of The Republic Of Moldova In International Missions And Operations

Original Language Title: privind participarea Republicii Moldova la misiuni şi operaţii internaţionale

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5967405/privind-participarea-republicii-moldova-la-misiuni-i-operaii-internaionale.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
    The Parliament adopts this organic law.


Chapter I GENERAL PROVISIONS Article 1.  The object of this law regulates the regulatory conditions for participation in international missions and operations carried out outside the territory of the Republic of Moldova, in accordance with the provisions of the Charter of the United Nations and the international treaties to which Moldova is a party.
In article 2. General notions in this law are defined as follows: getting international operations-operations that comprise the totality of the military action and other actions of the armed forces (troops), deployed under a UN mandate, in the aim of safeguarding international peace and security, respect for human rights, the strengthening of institutional capacities, as well as to provide other types of assistance necessary to ensure peace;
international assignments-civil support missions, carried out by international organizations or their mandate, which are meant to restore order, to promote democracy and the rule of law, would contribute to the respect for human rights, the strengthening of institutional capacities, and to give other assistance necessary to ensure the effective functioning of a State;
authorities of the resort-ministries and other central administrative authorities under the Government and other authorities of the State with human resources for participation in international missions and operations;
staff-employees competent authorities (including the spare) detached on missions and other international operations for a specified period of time;
contingent-staffing within the herd defense forces national system, organized under a single management;
rules of engagement-coordinated instructions arising from international mission or operation, permitting the staff of the national herd defense force system with respect to time and how it can be applied to the force during the mission or international operation. The instructions represent a primary means by which armed forces commanders shall notify the legal guidelines, political and military.
Article 3.  The purpose of the law the purpose of this law is to establish the legal framework for fulfilment of Moldova's commitments assumed in the framework of the UN Charter, treaties concluded with the European Union, with other international organizations and foreign countries, which contribute to the maintenance of peace, security and international stability, the rule of law, the observance of human rights and fundamental freedoms, to the development and the functioning of States.
Article 4. The legal basis for participation in international missions and operations (1) as the legal basis for participation in international operations serve the mandate of the UN Security Council, international treaties to which Moldova is a party, the Moldovan Constitution and this law.
(2) as the legal basis for participation in international missions serving the international treaties to which Moldova is a party and the laws of the Republic of Moldova.
Article 5. General principles for participation in international missions and operations Principles on participation in international missions and operations derives from the interests of the State and of international commitments undertaken on the basis of international treaties, prevalînd the following: (a) the consent of the State or States) for conducting international mission or operation on its territory or on them. An exception to the principle will be given missions or operations initiated with the approval of the international community, strictly in accordance with the rules and principles of international law, in the event of a threat to international peace and security, whether the consent of the warring parties cannot be obtained;
b) impartiality of staff in the implementation of the mandate of the mission or operation without favour or prejudice any of the warring parties;
c) failure of force, except in cases of self-defence and other exceptional cases provided for in the mandate of the operation. National system of defense forces will apply minimum force to achieve military objectives, in accordance with the provisions of international law.


Chapter IIPARTICIPAREA FROM INTERNATIONAL OPERATIONS Article 6. Decision on the participation in international operations (1) the decision regarding the participation quotas system national defence forces to international operations shall be adopted by decision of the Parliament, on a proposal from the President of the Republic of Moldova.
(2) withdrawal of quotas system national defence forces from international operations is decided by the President of the Republic of Moldova, followed by a notification of the Parliament, where the international politico-military situation undergoes changes caused by non-compliance with the provisions of the agreement on the status of international peacekeeping forces and the U.N. Charter, or if the withdrawal is justified by the country's national interests.
(3) Decisions on posting individually to individuals within the flock to the national system of defense forces to participate in international operations and recalling them shall be taken by the competent authorities as a result of the adoption by the Ministry of Foreign Affairs and European integration of the decision relating to the opportunity to participate in international operations in question.
(4) international operations posting and to recall them, on an individual basis, of persons, including in the framework of the national herd defense forces system, shall be carried out in accordance with the provisions of cap. III. Article 7.  (1) agreements to establish the elements of detail regarding the participation quotas system national defence forces to international operations within international forces or units of other States, the competent authorities conclude technical agreements.
(2) the procedure for concluding the agreement is approved by technical decision by the Government.
Article 8. Transfer of authority (1) the transfer of authority shall be performed by the competent authorities and represents the action through which the Republic of Moldova hands over control at the operational level and/or tactical, of the quota system of the national defense forces of its own, participating in a given operation, Commander or command which leads the operation in question.
(2) on the performance of international operations, national defence system forces may have operational and/or tactical units, sub-units or personnel of foreign forces as provided in the transfer of authority carried out between the armed forces and the Commander of the Allied forces or the quota system for national defense of the Republic of Moldova.
(3) national system of quotas for the defense forces participating in international operations or headquarters commander orders running force which is conditional upon suitable arrangements set out in the transfer of authority, in compliance with the provisions of international law and rules of engagement.
(4) where a representative of the defence forces of the national system of the Republic of Moldova receives from the hierarchically superior authorities of an international operation or a statement contrary to the legislation of the Republic of Moldova, the application will have priority to the principles and rules of engagement agreed at international level of operation concerned, except where the order or instruction is manifestly illegal and contrary to the norms of international law.
(5) where a representative of the defence forces of the national system of the Republic of Moldova receives from the hierarchically superior authorities of a mission or operation or an internal instruction contrary to the norms of international law, rules of engagement, this war times Customs will refuse to run.
(6) in the case referred to in paragraph 1. (5) the representative of the national system of defense forces of the Republic of Moldova shall immediately inform the authorities of the Republic of Moldova in a hierarchical structure and follow the instructions given to them.
Article 9. The observance of internal law-international operations today (1) the personnel of the defence forces, the national system shall comply with the rules of law of armed conflict, international humanitarian law rules, and the rules and principles to ensure human rights in times of peace.
(2) the quota Command national defence system forces participant at the international operation is required to ensure familiarization with the herd in advance the fundamental principles and rules of the law of armed conflict, rules and requirements concerning respect for human rights and the rules of engagement.

(3) individuals within national quotas system defense forces participating in international operations are prohibited from conducting economic activities and other activities incompatible with their status in the host State.


Chapter IIIPARTICIPAREA INTERNATIONAL MISSIONS Article 10. Decision on the participation in international missions (1) Ministry of Foreign Affairs and European integration receives invitations to international missions and examines the need and the opportunity to participate in them.
(2) the Ministry of Foreign Affairs and European integration adopted a decision on the opportunity to participate in an international mission within seven days of receiving the invitation to participate and shall so inform the competent authorities and the Government.
(3) in the process of adoption of the decision on the participation in an international mission, Ministry of Foreign Affairs and European integration, in case of necessity, may convene ad hoc meetings with representatives of competent authorities.
Article 11. Posting of staff in international missions (1) a decision on the deployment of staff in international missions shall be adopted by each competent authority, on a proposal from the Ministry of Foreign Affairs and European integration.
(2) the competent Authorities within 10 working days from the date of receipt of the proposal regarding the posting of staff in an international mission, inform the Ministry of Foreign Affairs and European integration about the decision and shall submit the list of candidates selected for deployment. The selection of candidates will be made under the conditions laid down in article 21. 14. (3) In situations in which the selection of candidates for participation in missions is carried out directly (through open competition or other methods applied by an international organization), the authority of whose employee intends to participate in this mission shall notify in advance to the Ministry of Foreign Affairs and European integration, demanding acceptance of the eventual deployment of its international staff in the mission.
(4) the Ministry of Foreign Affairs and European integration of the applicant States or organizations inform about availability of participation in international missions, and presents them the candidate list from Moldova.
(5) After confirmation of the acceptance of the candidate's participation on the part of the Republic of Moldova, the national order of the resort issue posting selected personnel in international mission and ensures that all the conditions laid down in this law for posting it.
(6) the secondment may be carried out in compliance with the law, for a period not exceeding 2 years.
Article 12. Recalling the international missions (1) seconded Staff is recalled by a resort that had him transferred to an international mission in coordination with the Ministry of Foreign Affairs and European integration.
(2) staff seconded international mission is recalled in the following situations: a) on the expiry of detachment, where it has not been extended;
b) at the request of the employee seconded;
c) health status of employee seconded not exercising;
d) carrying no employee posted to its duties properly;
e) employee seconded is declared undesirable person by the authorities of the State that hosts the international mission;
f) employee posted to commit acts involving criminal liability in accordance with the legislation of the host State or the law of the Republic of Moldova or prejudice the national interests of the Republic of Moldova, or affect the image of the country or its relations with other States or international organizations;
g) deciding political by Moldova to the international mission participation sista.
(3) Recalling staff detached is carried out in compliance with the provisions of international treaties to which Moldova is a party.


Chapter IVINSTRUIREA and SELECTING STAFF Article 13. (1) training in preparation for participation in international operations, national defence system forces taking part in the exercises, workouts, ceremonial and other related activities organized in the country and outside the territory of the Republic of Moldova under international cooperation programmes.
(2) staff seconded to international missions is trained under special programmes of competent authorities and of the trimițătoare Department of Foreign Affairs and European integration.
(3) the competent authorities shall draw up plans for the training of personnel necessary for participation in international missions.
(4) the competent Authorities shall cooperate among themselves and with counterparts in other States, institutions, in order to prepare staff for participation in international missions.
(5) the Ministry of Foreign Affairs and European integration has been collaborating with foreign partners in order to identify opportunities and tenders for preparing staff for participation in international missions.
Article 14. Personnel selection (1) Selecting personnel for participation in international missions or operations is ensured by the competent authority on the basis of SNS criteria and methodology laid down by the competent authorities on the orders of the rulers.
(2) in selecting personnel for each mission or international operation taking into account the specific criteria put forward for the posts concerned.
(3) in the case of multiple candidates for deployment on missions or international operations, the resort organizes a competition for selecting personnel. It cannot limit access to its employees.
(4) in selecting candidates for deployment on missions or international operations, taking into account the results of the medical examination certifying their fitness. Expenses needed for carrying out the medical examination of select candidates are covered by the relevant trimițătoare.
(5) in the case of the selection of candidates from the authority, they shall conclude contracts with the competent authority during the posting of the SNS in a mission or international operation and enjoyment of the guarantees and social protection provided for in the head. Vi. (6) the authority of the Ministry of Foreign Affairs presents European list of candidates for deployment on missions or international operations only with written permission of the people selected.
(7) the completion of the national quotas system defense forces to be made available for international missions and operations shall be carried out as a rule organized with personnel from the national authorities of the defense forces of the system.
Article 15. Records of persons involved in international missions and operations (1) competent authorities manage filing systems in relation to the personnel who participated in the missions or international operations, as well as with respect to candidates for secondment.
(2) filing Systems referred to in paragraph 1. (1) data will contain: a) the surname, forename and date of birth;
b education and training obtained);
c) work experience;
d) sphere of interest and/or tasks undertaken within the framework of international operations or missions;
e) languages spoken;
f) the contact details of the person.
(3) subject to the conditions of this law shall be processed only personal data strictly necessary and not excessive to the purpose set, and manage filing systems referred to in paragraph 1. (1) will be provided a level of security and privacy with regard to the risks presented by the processing and the nature of the data processed in accordance with the principles laid down by the law on the protection of personal data.
(4) the information contained in systems of records referred to in paragraph 1. (1) will be stored for a period of 5 years, after which, if the subject of this information has not given consent for further processing, they will be destroyed.


VSTATUTUL chapter, LEGAL RIGHTS and OBLIGATIONS of STAFF POSTED to Article 16. The staff regulations within the international mission or operation (1) during the period of completion of the operation, mission or international staff posted is subject to the orders and instructions of the leadership of the mission or international operation. In the case of the quotas system national defence forces, apply the mechanism of subordination; 8. (2) staff seconded to avail themselves of criminal immunity in the host State on the basis of agreements concerning the staff regulations of the international mission or operation, concluded between the host State and international organisation which carries out the mission or international operation. The immunity enjoyed by the host State does not exempt staff seconded from liability for the offences committed, provided for by the legislation of the Republic of Moldova.
Article 17. Rights and obligations of staff

                         Detached (1) staff seconded on a mission or international operation entitled: a) to decide on a voluntary basis regarding his posting;
b) to be informed about all the conditions and risks associated with posting;
c) to benefit from the training courses and professional training;
d) obtain appropriate assistance and protection from the State, as provided for in the head. Vi of this law and other normative acts;
e) require recall.
(2) staff seconded on a mission or international operation is required: a) to comply with the orders and instructions of the leadership of the mission or operation;
b) comply with the law of the host State and the provisions of international law;
c) not be involved in activities that would constitute an interference in the internal affairs of the host State;
d) to refrain from actions or statements that could harm the international image and mission or operation, as well as its relations with other States or international organizations;
(e)) should not abuse the status, privileges and immunities granted by the host State or the international members of the Mission's operation;
f) to inform the Ministry of Foreign Affairs and European integration, through the competent authority of the SNS, in relation to any situation that might affect the fulfilment of its duties under international mission or operation;
g) not to carry on economic activity in the host State or other activity incompatible with its status in the host State.


Chapter VIGARANŢII. Social protection of PERSONNEL article 18. Service ratios (1) for the period of the deployment in the mission or international operation, and civil personnel seconded them keep their jobs. Upon return from the mission or international operation, detached person is given the function of detachment or shall, with the consent of the latter, another equivalent function. 
(2) for the period of detachment in mission or international operation, with the status of military persons shall be available to the competent authority of the driver.
(3) the period of secondment shall be included in the length of service in the post held. Period of assignment or operation of international staff seconded to be included in the qualifying period of contribution, provided that the payment of social insurance contributions State. Article 19. (1) remuneration for the period of operation or mission, personnel seconded i maintain average salary that you received from the authority of SNS. Remuneration shall be effected in the manner, conditions and sizes laid down by the legislation in force. Where the period of stay in mission or international operation are increased salaries by function (charging), the average salary is calculated from the coefficient of increase.
(2) for the period of the mission or international operation, seconded personnel, i paid for besides salary in local currency, a non-taxable allowance in foreign currency. The amount of compensation in foreign currency shall be established by the Government.
(3) payment of compensation in foreign currency shall be carried out at the time of crossing the Republic of Moldova, on the departure of a mission or operation, and up to the date of return to the country.
(4) in determining the amount of compensation in foreign currency account shall be taken of the minimum consumption of the host State, the degree of risk and climate conditions of that State.
(5) staff seconded does not qualify for the allowance is paid by the international organization which carries out the mission or operation or from other external sources. In this case, the personnel detached i maintain that you are receiving salary at the authority of SNS.
Article 20. Guarantees and compensation (1) The departure on mission or international operation, seconded personnel, regardless of age, keeping health insurance policy at the expense of the authority of SNS.
(2) upon departure on mission or international operation, personnel seconded undergoes medical examination and, if necessary, is vaccinated in accordance with the recommendations of the World Health Organization or the host State authority's account of SNS.
(3) the authority shall ensure that the staff of the resort SNS detached full payment for transport costs (irrespective of the means of transport used) regarding the departure of the mission or international operation and returning therefrom, and, once a year, those related to the return to the country on vacation. If the time it takes for these displacements exceeding 24 hours, and daytime running lights. The payment of the costs of return in the country shall ensure that the personnel detached and in case of death of a person close: husband (wife), the person related by blood or adoption (parents, children, brothers, sisters, grandparents, grandchildren, aunts, uncles) or person related through affinity (brother-in-law, sister-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law). The cost of the expenditure referred to in this paragraph may not exceed the cost of a round-trip ticket of economic class.
(4) the authority competent to pay SNS Bauer service personnel posted in the host State.
(5) the costs of hospitalization and treatment of seconded staff on mission or international operation, including expenses for hospitalization and treatment to return to the country, if they are needed as a result of illness contracted or injury to any other health personnel during the performance of the mission or international operation, which are not covered by the staff health insurance and who do not have occurred as a result of an offence committed by him are put in charge of the relevant authority of the SNS.
(6) during the period of admission to hospital treatment abroad, the person may be visited by the detached husband (wife) and relatives in grades I-II. All expenses necessary for carrying out the visit in question by not more than 2 persons (transport, accommodation, daily allowance, medical examination, preparation of documents and other related expenses) are borne by the competent authority of the SNS, except in cases in which expenditure borne by the international organization under the aegis of which runs international mission or operation. The costs of accommodation and subsistence expenses will be covered at the expense of the authority of SNS for a period of not more than 10 days.
(7) in case of death, disfigurement (trauma, concussion, injury), illness or other injury to health during the stay in mission or international operation, the resort pays the person unshackled SNS (the heir) the following compensation: a) in case of death: the amount equivalent to salary and/or result in the month of death, on a monthly basis but not less than the average salary in the country , for 10 years of activity in the resort is fully paid, SNS as a single payment;
b) in the case of permanent incapacity: full amount equivalent to salary and/or result in the month leading up to Lunar event which led to the disqualification, but not less than the average salary per country, for 7 years of activity at the relevant authority SNS, fully paid as a single payment;
c) in the case of permanent partial incapacity for work: the sum equivalent to the salary and/or result in the month leading up to Lunar event which led to the disqualification, but not less than the average salary in the country for three years of work in the resort, fully paid as SNS single payment.
(8) the Compensation referred to in paragraph 1. (5) and (7) shall not be chargeable to the authority of SNS where death, mutilation, sickness or any other injury health intervened when the person: a detached) has committed a crime;
(b)) was in a State of intoxication as a result of the consumption of alcohol, narcotic drugs or psychotropic substances;
c) committed or attempted to commit suicide;
d) brought purposefully harming their own health.
(9) the expenses for the burial of the person on secondment who lost their lives during the stay in mission or operation, as well as those related to transporting the body in the Republic of Moldova are covered from budgetary funds of the relevant authority or trimițătoare, in the event of impossibility sources allocated by the Government.
(10) the expenses and compensation provided for in this article are covered by the relevant authority or Government SNS insofar as they are not covered by the international organization which is run under the auspices of the mission or international operation. 
(11) additional guarantees and compensations for the personnel participating in international missions and operations shall be established by the Government.
Article 21. The pension system of the national defense forces (1) the personnel of the national defence system forces participant at international operations benefit from the following guarantees and compensations:

the length of service) for the period of your stay in operation are calculated in a way favourable day ND echivalînd operation with 3 days;
b additional paid holidays) with a period of 5 calendar days for each month of operation, but not more than 30 calendar days for the whole period of operation.
(2) provision of pensions for staff posted in the international operation is performed in the manner established by law.
(3) the period of operation of the international personnel posted to be included in the qualifying period of contribution, provided that the payment of social insurance contributions.


Chapter VII FINANCIAL and LOGISTICAL ASPECTS of Article 22. Financing costs (1) participation in international missions and operations are set out in the annual budgets of the authorities of SNS.
(2) in the case of participation of staff in the missions or international operations that have not been provided for in the budget of expenditure of the authority concerned shall forward the SNS, this Government's proposals concerning the identification of funds. The authority may resort to deploy SNS staff in international missions or operations concerned only after the adoption of the decision by the Government on the allocation of funds necessary for this purpose (3) Financing the participation of staff in the missions or international operations can be ensured and the funds of the organization that runs the international mission and other foreign assistance funds.
Article 23. The logistical aspects (1) material possessions placed in endowment national quotas system forces defenses to be used, destroyed, degraded or lost during the accomplishment of missions or international operations will be scrapped in accordance with the provisions of the legislation.
(2) material assets whose introduction in the country costs more than the price which can be donated to the State in which they are located.
(3) the donation of the goods covered by paragraph 1. (2) as well as removing them from the register shall be approved by the Government.


TRANSITIONAL and FINAL PROVISIONS chapter VIIIDISPOZIŢII to in article 24. Transitional provisions (1) the Government shall, within 6 months: a) will submit to the Parliament proposals on bringing the legislation in force in accordance with this law;
b) will bring its normative acts in compliance with this law.
(2) until the bringing into line with the provisions of this law, other normative acts shall apply insofar as they do not contravene it.
In article 25. Final provisions entry into force of this law shall be repealed law No. 1156-XIV of July 26, 2000 with respect to the participation of the Republic of Moldova at international operations peacekeeping operations (Official Gazette of the Republic of Moldova, 2000, no. 149-157, art. 1106).