Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=362560
MODIFIED from 21.07.16, MO256 LP102-267/12.08.16 art. 547; force 12.11.16 LP134 from MO245 17.06.16, 30.07.16-246/art. 515; force 01.08.16 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ * Republished pursuant to art. VII. b) of law No. 101 of 18 June 2015-Official Gazette of the Republic of Moldova, 2015, nr. 161-165, art. 337. As amended and supplemented by the laws of the Republic of Moldova: LP90-XVIII of 04.12.09, MO187-188/18.12.09 art. 584 LP108-XVIII of 17.12.09, MO193-196/29.12.09 art. 609; force LP127-XVIII of 01.01.10 23.12.09, MO197-200/31st art. 664 LP222 from MO210/17.09.10 26.10.10, art. 696 LP66 from MO110-07.04.11, 112/08.07.11 art. 299 LP181 from 19.12.11, MO1-06.01.12 6/4; force 01.03.12 LP122 from MO143 25.05.12, 13.07.12-148/art. 469 LP23 from 01.03.13, MO64-68/29.03.13 art. 205 LP101 from 18.06.15, MO161-165/26.06.15 art. 337; force 26.06.15 the Parliament adopts this organic law.
Chapter I.GENERAL PROVISIONSARTICLE 1 GENERAL Article. The service of protection and State Guard (1) Service of protection and State Guard (hereinafter service) is an organ of the State with special powers in the field of State security, specializing in protection of Moldovan dignitaries, foreign dignitaries during their stay in the Republic of Moldova, of their family members, within the limits of legal skills, as well as in securing premises and their residences.
(2) performance of service in the post of protection officer with special degree (hereinafter the protection officer) the service is a special form of public service through which it exercises the rights and obligations of Service in the field of State security.
(3) the service is subordinate to the President.
In article 2. Notions for purposes of this law, the following notions signify: security measures and organizational measures-full, protection, security, access control system, the technical-operative investigation, conducted by the Service for the purpose of compliance with the obligations incumbent on it;
the overall mission of protection measures and-tests necessary to ensure the safe condition of the persons receiving State protection;
persons receiving State protection-Moldovan dignitaries, foreign dignitaries during their stay in the Republic of Moldova, their family members, who provide protection in accordance with this law;
working offices and residences that are in guard-buildings in which they operate and live temporarily or permanently, persons receiving State protection, as well as territories;
security test-full examination actions, checking or verifying objects (parts, appliances, machines, devices, installations, constructions, transport units) that are in use or to be used by people receiving State protection, carried out for the purpose of determining the safety of sanitary-hygienic, ecological, epidemic of ionizing radiation and other life and their health.
Article 3. Legal framework the legal framework of the work of the Service is the Constitution of the Republic of Moldova, the State Security Law, the law on State security bodies, this law, other legislative acts, as well as international treaties to which Moldova is a party.
Article 4. The basic principles of the service operates on the principles of: a) legality;
(b) equality before the law);
c) observance of the rights, freedoms and legitimate interests of man;
d) interaction and co-operation;
e connection methods) open the activity secret;
f) personal responsibility;
g) unique leadership;
I) control and monitoring.
Article 5. Cooperation at the national and international level (1) in order to meet the obligations incumbent on it, the Service collaborates with the Ministry of Internal Affairs, with the information and Security Service, the Ministry of defence, Ministry of Foreign Affairs and European integration with other central public administration authorities and local companies and institutions having any legal form of organization, with individuals and with similar institutions in other countries including international organizations.
(2) the institutions referred to in paragraph 1. (1) grants the service within the legal powers necessary for the performance of the obligations, stipulated by law.
Chapter IIPERSOANELE of the PROTECŢIEDE STATE and WORKING HEADQUARTERS. REŞEDINŢELEAFLATE GUARD in Article 6. Persons receiving State protection (1) the category Moldovan officials who benefit from State protection: Moldova's President, Parliament Speaker, Prime Minister, ex-President of the Republic of Moldova, ex-Parliament Speaker, former Prime Minister, for the period determined by the legislation.
(2) the term of Office of the President, Parliament Speaker and the Prime Minister is granted protection and their family members.
(3) the President of the Republic of Moldova has to grant protection and other public officials or their family members, at the written request of the institutions concerned or on its own initiative, if it finds a State of danger or if there is information about the Organization of actions which would infringe upon the life, physical integrity, freedom of action and their health.
(4) outside national territory, the protection of Moldovan dignitaries referred to in this law shall ensure that the personnel in cooperation with the special services in the domain of the host country.
(5) Foreign Dignitaries and their family members shall be provided with protection during their stay in the Republic of Moldova in accordance with national laws, with international treaties to which Moldova is a party. At the written request of the interested institutions, the Director may order the Service grant of other foreign dignitaries visiting the territory of the Republic of Moldova for a period not exceeding 30 calendar days, informing the President.
(6) the persons referred to in paragraph 1. (1) to (5) may refuse a term limited protection granted in writing, telling about the denial of Service Director, except for the time it was declared the State of emergency, siege or war.
Article 7. The places of work, residences and objects under guard List working premises, residences and objects in Guard Service is established by the Decree of the President of the Republic of Moldova.
Chapter IIICONDUCEREA and ORGANIZING SERVICE in article 8. Service leadership (1) the service is headed by a director, who is appointed and dismissed by the President of the Republic of Moldova, at the recommendation of the Prime Minister.
(2) the Director's Deputies are appointed and dismissed by the President of the Republic of Moldova, at the proposal of the Director of the service.
(3) the Director of the service and his deputies hold public office positions, obtained by nomination.
(4) the service is created and works College service, which is an advisory body to organize his activity.
(5) the College is composed of 11 Service members. Membership of the College shall be approved by the Decree of the President on the proposal of the Director of the service.
(6) the meeting of the College is rendered competent if it participates in at least 2/3 of its members. The method of work of the College is provided for in its rules of procedure, which shall be approved by the Director of the service.
(7) the College shall adopt Decisions by a majority vote of its members. Decisions shall be recorded and shall be made public by order of the Director of the service.
Article 9. (1) Service Organization Structure and personnel Service shall be established by Decree of the President of the Republic of Moldova.
(2) the service is a legal person and has the Treasury account, the stamp with the image of the coat of arms of the Republic of Moldova and corporate symbols.
Article 10. Obligations of the Service Director Service Director shall have the following obligations: a) organizes and directs the work and represent it in relations with public authorities, institutions and organizations in the country, as well as with similar institutions and organisations abroad;
b) develops and submits for approval by the President and personnel structure of the service;
c) establishes the use of budgetary allocations, material and technical means intended for maintenance and operation of the service, shall conclude contracts for the purchase of special technical means and technical-industrial goods for carrying out the necessary works on his activity determines the amount of additions and other increases, additional payments for Service personnel, in accordance with the legislation in force;
d) establishes obligations and vice-directors of Service personnel, determine their degree of responsibility;
e) fall and released from service, in accordance with the legislation;
f) stimulates and applies disciplinary sanctions under the law;
g) issue orders, instructions and provisions;
h) is responsible for the fulfilment of the service;
I) protection officers detached on missions of service abroad, including education;
j) negotiate and conclude, in accordance with the law, contracts and agreements with legal entities and individuals in the country and overseas on issues related to the competence of the service;
k) approves of the project budgets;
It meets the other obligations laid down).
Chapter IVOBLIGAŢIILE and SERVICE RIGHTS in article 11. Obligations of the service the service shall have the following obligations: a) to prevent, detect and eliminate any risk or threat of action, which would infringe upon the life, physical integrity, freedom of action and the health of persons receiving State protection, irrespective of their place of stay, to ensure that guard the premises and residences of such persons;
b) to undertake the actions referred to in article 2 which are necessary to ensure the safety of persons receiving State protection and guarding the premises and residences of such persons;
c) maintain, within the limits of its competence, public order in places of temporary or permanent stay of people receiving State protection and exclusion causes that prevent the assurance of this order;
d) to accompany or escort vehicles racing with moving people receiving State protection;
e) to undertake, within the limits of its competence, reliability assurance measures, information security and operability of telecommunications systems;
f) to organise and coordinate the tasks of protection, all participating parties of the institutions referred to in article 5(2). (1);
g) participate, within the limits of its competence, to struggle against terrorism;
h) to undertake, in collaboration with the information and Security Service, actions to prevent leakage of information that are not intended for advertising;
I execute independently), or in cooperation with other specialized bodies, search actions, identification and neutralization of suspicious objects that would endanger people receiving State protection, places of work or residences that are in the guard;
j) to ensure its own security and activity;
k) declaring a State of emergency, siege or war, to coordinate, within the limits of its competence, with the General Staff of the armed forces ' actions to maintain the regime's State of emergency, siege or war;
l) to organize, according to the law, the defence of State secrecy and other official information with limited accessibility;
m) to meet the other obligations in accordance with the law.
Article 12. The service has the following rights Service Rights: a) to undertake, in accordance with the law, activities of special investigations for the collection, verification and harnessing the information intended for the performance of the obligations under article 4. 11 lit. a); necessarily inform, through a referral, confirmation materials with remission, other authorities conducting special investigations about the infringements become known concerning the jurisdiction of these authorities;
b) to request and receive, in the manner established by the legislation in force, from public authorities, agencies and companies from State-owned enterprises and private enterprises, as well as to other legal persons, information necessary for the fulfilment of the service;
c) to carry out special checking of permanent or temporary stay of persons receiving State protection and to submit to the tests of security objects in their use for this purpose, using dogs and detectors special means of equipment;
d) to detain and hand over to the competent bodies and persons who commit, or who have committed illegal acts in places of temporary or permanent stay of people receiving State protection or who intend to enter or who have entered illegally in areas with access denied;
e) to submit to the public authorities, enterprises, institutions and organizations proposals for elimination of the causes and situations that jeopardize the safety of persons receiving State protection;
f) to enter the territories and at the premises of enterprises, institutions, organisations, to prevent and combat illegal actions endanger the safety of persons receiving State protection as well as for tracking persons suspected of committing such actions, without delay to the competent authorities aware of any breakthrough in these lands and premises contrary to the owner;
g) to use transport units with special number plates, equipped with special means of communications, signalling and light;
h) to undertake, as appropriate, measures to limit or ban the movement of vehicles and persons access into certain areas in the locality and the estate of every kind, and to release their respective areas by public transportation that hinder enterprise security measures, by towing them;
I) to carry out the exchange of information and special equipment and to cooperate with other institutions involved in HIV/AIDS in Moldova and other countries for carrying out the duties provided for in article 11 letter a);
j) to train, within the limits of its competence, in agreement with the information and Security Service, Interior Ministry forces and counter-terrorist, required and implementation of security measures;
k) to legitimize and perform with the help of the special examination of the assets and property of persons in control of perimeter deployment mission;
l) to carry the weapon, to hold, to apply and to use the weapon and munitions, to apply physical force and special means in the cases and in the manner provided for by law;
m) in the performance of tasks which cannot be postponed and which cannot be brought to fruition otherwise, to use any means of transport and telecommunications and publicly or privately owned, except for those belonging to the diplomatic corps, the costs will be incurred in using the service or, where appropriate, the persons who caused the intervention.
Chapter 13 VÎNCADRAREA in SERVICE. Conditions of employment as an officer (1) employment as a protection officer is voluntary through the competition candidates that meet specific conditions of function and service criteria.
(2) as a protection officer may be framed by a person who meets the following conditions: a) is a citizen of the Republic of Moldova;
b) has attained the age of 21 years;
c) speaks the State language;
d) to fulfill his military service under contract or special service military service within or with reduced or full training course at the military Department;
e) is fit after individual and professional qualities, health status, physical and psychological capacities for fulfilling the function at present;
f) corresponds to criteria of employment service, as a result of the particular control.
(3) cannot be classified as a protection officer person: a) meets the conditions referred to in paragraph 1. (2);
b) has reached the age limit for employment in Service for 30 years;
c) has not relinquished its membership of a political party, a social-political organizations, of an organ or an agent of the founder of the economic, as well as any other quality incompatible with the function of protection officer provided by the disciplinary Statute;
d) was declared previously, through the final judgement of an offence culpable and who is under criminal investigation;
e) is privately owned by final court decision, the right to occupy positions within public authorities.
(4) in order to be classified as a protection officer, the candidate is subjected to a special inspection in accordance with the normative acts of service.
(5) Service performed, with the consent of the applicant, its special control, which extends over the spouse, relatives up to the second degree of kinship, as well as the people with whom they are domiciled or located in cohabiting relationships the candidate, with respect for the rights of subjects of personal data in accordance with the law on the protection of personal data. Special control procedure involves processing data records and records and other testing, if necessary, of the candidate to the simulated behavior detector (polygraph), verifying the particulars contained in the Declaration of wealth and personal interests, gathering information on the acts which, under the legislation, constitute obstacles to the appointment of a function or the pursuit of certain activities, as well as examining other information for the purpose of ensuring the eligibility of the candidate for the fulfilment of the respective function.
[Article 13 (5) as amended by LP134 from 17.06.16, MO245-246/30.07.16 art. 515; 01.08.16 in force]
(6) the candidate's refusal to be subject to special control constitutes a barrier to employment in service.
(7) If, as a result of inspection or of the contest, it is found that the candidate does not meet the conditions of employment as an officer, the service is obliged to inform him of the reason for the refusal of employment.
(7) If, as a result of inspection or of the contest, it is found that the candidate does not meet the conditions of employment as an officer of or that has in the past 5 years, in the record concerning the professional integrity, entries regarding the negative result of the test of professional integrity for violation of the obligation set out in article 11. 6 paragraph 1. (2) (a). the Act No.) 325 of 23 December 2013 on the assessment of institutional integrity, the service is obliged to inform him of the reason for the refusal of employment.
[Article 13 (7) as amended by 21.07.16 MO256 LP102, from-267/12.08.16 art. 547; in force 12.11.16]
(8) the employment as an officer, the candidate is subjected to a medical examination, performed by a specialized medical Commission in public medical-sanitary institution with which the service has concluded a contract.
(9) In case of positive decision of medical Commission, the candidate is verified for the purpose of compliance with the requirements of general physical preparation and necessary function at present.
(10) the employment protection as officer candidate shall sign an undertaking not to divulge the information constituting State secret, and other official information with limited accessibility.
(11) the persons who are to be classified as a protection officer are subject to the compulsory State dactiloscopiei in accordance with the legislation in force.
(12) the Employment Service and subsequently every year, protection officers are obliged to submit, in accordance with the law, statements of wealth and personal interests.
[Article 13 (12) as amended by LP134 from 17.06.16, MO245-246/30.07.16 art. 515; 01.08.16 in force]
(13) persons classified as a protection officer are removed from military records and shall include in the record of the service.
(14) The functions established for non-commissioned officers are classified with people who have secondary-school studies or secondary general, vocational or technical secondary postsecundare times.
(15) The functions established for officers with average grades, higher and supreme fit persons who have higher education.
(16) The hiring of the person within the service as an officer, it is possible to establish a probationary period not exceeding six months. Procedure for assessment of the employee concerning the support of the probationary period is established through a normative act of service.
Article 14. The contract for the performance of the particular service under the service of protection and State Guard (1) Employment Service is carried out under contract to perform special services under the service of protection and State Guard (hereinafter the agreement), concluded in writing, setting out the conditions of performance of service, responsibility, rights and obligations of the parties.
(2) the contract shall be concluded between a citizen of the Republic of Moldova to be employed and the Director of the service, for a period of up to 5 years.
(3) form of the contract shall be approved by the Director of the service.
(4) the contract shall enter into force on the date of signature or at the date specified in it and terminate the action in accordance with this law.
Article 15. Age limit (1) Age Limit for employment service for non-commissioned officers and officers is 30 years. Completion of its specialty Service, decision making, the Director can be framed person who exceeded the age limit for employment, but no more than limit age of service.
(2) For the protection of the service officers is determined by the following retirement of service: a) for non-commissioned officers and officers with degrees environments-50 years;
b) for officers with higher ranks-55 years;
c) for officers with degrees supreme-60 years.
(3) finding out the service over the age limit may be extended on request by the Director of the service, for a period of up to five years if the applicant meets the conditions laid down for the position in question.
Chapter VIGRADELE and CATEGORIILEDE SKILL in article 16. Special grades owned by officers of the service de protection (1) the following shall be special degrees of protection officers of the service: a) for non-commissioned officers: important service of protection and State guard;
Junior sergeant-major of the service of protection and State guard;
Junior Sergeant-adjutant of the service of protection and State guard;
b) for officers with degrees environments: Lieutenant of the service of protection and State guard;
Lieutenant-General staff of the service of protection and State guard;
Captain of the service of protection and State guard;
c) for officers with higher ranks: in the service of protection and State guard;
lieutenant-colonel of the service of protection and State guard;
Colonel of the service of protection and State guard;
d) to officers with degrees supreme: major-general of the service of protection and State guard. lieutenant-general of the service of protection and State guard;
colonel-General of the service of protection and State Guard (2) special Degrees conferred protection officers of the service are equivalent to military ranks or degrees in other fields.
Article 17. The conditions for conferring classification ranks (1) special Degree is conferred protection officer taking into consideration the level of qualifications and vocational training, the term of detention to assess the particular function, previous special ranking provided for function, according to the States and other conditions determined by this law.
(2) special Grades, as well as supreme specifically for Directory Service is conferred by the Decree of the President of the Republic of Moldova.
(3) special Grades up to the rank of colonel of special service of protection and State guard including is conferred by order of the Director of the service.
(4) the conferring of degrees, with the exception of special special Supreme degree is determined by the directory service.
(5) the Employment Service, the candidate degree is conferred specifically attaching special military or degree held.
(6) the Employment Service of the candidate who has obtained the citizenship of the Republic of Moldova and holding rank or specially conferred by another State, the decision of the Director of the service, i can give special ranking military or attaching special degree held.
(7) the special ranking of important primary service of protection and State Guard gives the candidate for Service in the Office for which, according to staff, the State is given special ranking of Petty Officer.
(8) the special ranking Lieutenant of primary service of protection and State guard shall confer on the applicant or protection officer appointed to the position for which, according to staff, the State is given special ranking officer.
(9) special ranking next is conferred protection officer upon expiry of the special ranking prisoner if he occupies the function for which it is given a special degree equivalent or higher.
(10) the term of detention shall be calculated in particular degree years, beginning with the date of issuance of the order on the conferring of this degree.
(11) within the period of ownership of the particular degree to include the term of service as an officer, including the period of your stay at the disposal of the Director of the service, except as provided in paragraph 1. (15) In this period is. includes also the period of the interruption of the service where the protection officer was illegally held criminally or unlawfully dismissed from service.
(12) the employment service (return), the ownership of the particular degree will be calculated based on the actual time in grade (military) until dismissal.
(13) are not included in the term of detention to assess particular periods during which protection officer: a) has been subjected to prosecution-from the moment criminal proceedings brought before the pronouncement of a final judgement on the cause, in the case of conviction;
b) has held a special degree lower in the wake of relegation;
c) was in the other holidays than in the rest of the annual and additional rest and medical studies;
d) was suspended for the performance of contract special service under the service of protection and State Guard (14) does not confer special degree of protection officer following: a) in respect of which the prosecution or investigation service-until the final court decision;
b) which is the disciplinary punishments-up to lifting or disciplinary sanction has expired;
c) in respect of which there is a negative decision by the Commission to grant degrees.
(15) in the case of acquittal or sentence, pronouncement of partial service in the process of the investigation of the facts imputed, the degree is conferred special next following the date of appearance of conferring basis.
(16) the Protection Officer who sacrificed his life to fulfil the duty of service i can give special ranking post-mortem. Protection officer who held the rank of adjutant of specially important service of protection and State guard i can give special ranking primary officer.
(17) The decision of the College service protection officer may confer special degree ahead of schedule only after expiry of the term of one half of the particular degree held.
(18) the special ranking highest with a stage than provided for in the State of personnel for the Office occupied by the officer may be awarded after a deadline expired at least half ownership of the particular degree held or upon expiry of the special ranking prisoner, where the protection officer is fired (resigned) with the right to receive a pension. For high activity indicators service at the College decision, protective Service officer whose term of office expired in particular grade i can give special ranking next one notch higher than the special ranking provided for the position held.
Article 18. Withdrawal, and restoring the grade demotion (1) Protection Officer can only be retracted under special ranking a judgement of final and irrevocable.
(2) the special degree with Relegation a officer's protective gear, with the exception of degrees can be applied to the supreme as a disciplinary sanction in cases of serious misconduct, in accordance with this Act, by order of the Director of the service.
(3) protection officer demoted that showed exemplary discipline and conscientious attitude to performance of the service can be restored, by order of the Director of the service, in particular before the demotion, but no earlier than 6 months from the date of the demotion.
(4) disciplinary Sanction that consists in relegation in step with a particular grade is considered to be a high officer at the date on which protection is restored, by order of the Director of the service, in particular detained until relegation.
Article 19. The terms of ownership of special grades for protective service officers shall be determined following periods of ownership of special grades: a) for non-commissioned officers: important service of protection and State guard-3 years;
Junior sergeant-major of the service of protection and State guard-4 years;
b) for officers: Lieutenant of the service of protection and State guard-2 years;
Lieutenant-General staff of the service of protection and State guard-3 years;
Captain of the service of protection and State guard-3 years;
the service of protection and State guard-4 years;
lieutenant-colonel of the service of protection and State guard-5 years.
(2) there shall be fixed time-limits for detention of special grades junior Sergeant-adjutant of the service of protection and State guard, colonel of the service of protection and State guard, major-general of the service of protection and State guard, lieutenant-general of the service of protection and State guard and colonel-general of the service of protection and State guard. Article 20. Awarding the qualification categories (1) depending on the level of training and the results of, protection officer is assigned to one of the categories of the qualification or upper.
(2) the procedure and conditions for the award of the qualification categories, as well as the release of processing and certifying the badge, shall be established by the legislation.
Chapter VIIACTIVITATEA the SERVICE Article 21. (1) personnel services staff consists of people with dignity, public officers, civil servants and auxiliary activities.
(2) Protective Service Officers are individuals with positions of public dignitaries and civil servants with special status and is lead by the present law, the instructions and the normative acts that regulate their activity.
(3) the interrelationships of service functions of public dignitaries are governed by law No. 199 from July 16, 2010 on the status of persons with functions of public dignity of civil servants are regulated by law No. 158-XVI dated 4 July 2008 concerning the public function and status of civil servant, and the employment of staff performing auxiliary are governed by the labour code of the Republic of Moldova.
(4) In the exercise of the function, the protection service officers are representatives of public authority and is under the protection of the laws of the Republic of Moldova.
(5) the requirements of legitimate protection officers of the service are enforceable. Obstacles not allowing protective service officers to fulfill service obligations, actions which would infringe upon the life, physical integrity, freedom of action and their health, their goods attract liability provided for by law.
(6) In the exercise of the function, protection officers of the service are subject to the law and shall be subject to the orders and direct management of the service chiefs. Their involvement, by any person, in the exercise of activities beyond their service obligations shall be prohibited.
(7) the protective Service Officers can be detached, with keeping them in Office, in international organisations and Government authorities to carry out functions in the interests of the State, with all the rights and benefits provided for by law.
Article 22. The ticket office (1) the officer is granted protection and visitor badge service badge and model in the order established by the service.
(2) ticket service confirms the officer's right to wear protection and holds the weapon and special means, as well as other rights and powers granted by the legislation.
Article 23. Restrictions and prohibitions (1) Officer is limited in the exercise of the following rights and freedoms: a) propagandising likely to determine protection officer to violate the political neutrality. Political opinions can be expressed only outside the service, but not in public;
b) Association in political parties and other socio-political organizations.
(2) protection officer may exercise a function under the direct guidance of a relative.
(3) Protection Officer is prohibited: a) to practice activities incompatible with public office;
(b)) to initiate, to give and to transmit illegal provisions;
c) meet other functions than those in which it is called or seconded, to carry out remunerated activities, except scientific, teaching and activities of creation, that does not preclude the fulfilment of obligations;
d) to carry out or be involved in entrepreneur activities to assist other people in such activities, to establish companies and cooperatives or to be associated, to participate in their administration;
e) to use the information, tools and methods that are specific to the activity of the service for purposes other than the service;
f) to make use of the quality of his professional activity times for the purpose of obtaining benefits for himself or for another person;
g) accept, without authorization from the President of the Republic of Moldova, the accolades of other States, international organizations and foreign;
h) tăinuiască information on actions that would jeopardize the safety of persons receiving State protection, guarded object, as well as unauthorised attempts to receive the information or service secret;
I support) or condone acts of betrayal of the interests of the service;
j) to tăinuiască biography, including close relatives;
k) to intervene to advise persons receiving State protection with personal problems or group;
l) have behavior dishonest, immoral and despicable or other behavior would denigrate the image and prestige of the service;
m) to organize or participate in strikes;
n) to use for any purpose other than the service financial resources, technical information, materials and other property of the State;
o) to violate the provisions of art. 6 paragraph 1. (2) of law No. 325 of 23 December 2013 on the assessment of institutional integrity.
[Article 23 (3), subparagraph (c)) introduced by 21.07.16 MO256 LP102, from-267/12.08.16 art. 547; force 12.11.16] Article 24. Testing the integrity of protection officer professional integrity Testing of the protection officer are carried out in accordance with the law. 325 of 23 December 2013 professional integrity testing.
In article 25. The protection and processing of personal data
(1) for the performance of the obligations incumbent on it, the service has the right to create and manage records, information systems and databases, as well as to process personal data in the manner prescribed by law.
(2) Staff that has access to the personal data of the person subject to special investigation measure is bound to maintain the confidentiality of the data.
(3) data protection officer shall not be included in the registry of public functions and civil servants.
Article 26. The oath (1) within 10 days of the conferring of the particular service protection officer submits the following oath: "I (name, surname), mindful of the rights and obligations incumbent on me, încadrîndu me in the service of protection and State guard, swear to be devoted to my homeland, the Republic of Moldova, to always abide by the Constitution and laws of the country, to defend and to promote the national interests of the Republic of Moldova , to defend national security, life and health officials, the honor and prestige of the service of protection and State guard, fundamental rights and freedoms of man, to keep strictly secret activities and tasks entrusted to it. "
(2) the submission of sworn in is determined by the Act of service.
Article 27. Attestation (1) Attesting officers protection service is carried out in order to assess the level of vocational training of the compliance function, for the purposes of selecting for reference to education, promoting employment and education herd.
(2) the attestation takes place usually once in 2 years.
(3) protective Officers who meet the unsatisfactory service obligations or no raises may undergo professional level certificate before the deadline indicated in paragraph 2. (2), but not more often than once a year (4) the certificate is established by the Act of service.
Article 28. The time of exercise of function (1) by finding the protection officer in the exercise of the function it is understood: a) fulfilment of the service;
b) alarm service execution;
c) executing orders and provisions of Service leadership and heads straight;
d) subdivision of the territory after hearing during service established by schedule or finding out that territory determined by the needs of the service;
e) staying in motion;
f) moving to and from the place of service;
g) participation in the actions of prevention and combating of illicit actions, maintaining public order, including outside working hours;
h) participation in the actions of prevention and liquidation of consequences of natural disasters and catastrophes;
I) performing other actions declared by the Court as having been committed in the interest of society and the State.
(2) Protective Service Officer shall not be considered in the exercise of the function during which has committed offence: (a));
b) illicit actions as a result of voluntary consumption of alcoholic beverages, toxic substances and drugs;
c) an act or an attempted suicide if such actions were not caused by a pathological condition or coercive action.
Article 29. Calculation of seniority at work (1) the calculation of seniority in employment for the purpose of determining the pension protection officers of the service are carried out in accordance with the law.
(2) in calculating the length of service of officers who meet the service protection in extreme conditions of risk to be taken into account in a day and a half on the job for a day of service, under the conditions laid down by the Act of the Government.
Chapter VIIINUMIREA in FUNCTION, transfer, delegation and TRECEREALA DISPOSAL SERVICE DIRECTOR Article 30. Depending on the appointment and transfer of (1) the officer is appointed and dismissed by the Director of the service according to the law.
(2) the State of the Service is approved by the Director of the service according to the organizational structure and staffing of the limit laid down by the President of the Republic of Moldova.
(3) for each function, with the exception of the director, shall draw up a job description in which it establishes conditions towards employee, hierarchical relationships and powers of its service during the completion of the special service in this Office. The job description is approved by the Director of the service.
(4) the appointment of the officer's protection is carried out taking into consideration the needs of the service, while respecting the criteria and conditions laid down in article 21. 13(2). (14) and (15).
(5) the transfer officer in other function is carried out with the consent of the latter, except for the cases of application of disciplinary penalty-according to demotion.
(6) the officer may be appointed to an equivalent or superior function.
Function: the upper-order) if she is given a special degree higher than that established for the position held, and in case of equivalence of degrees-a greater function;
b equivalent-if) for it is given a special degree equivalent to that established for the position held and a salary equal function;
c lower-order) if it is made for a particular grade lower than those established for the position held, and in the case of degrees-interchangeability is a function.
(7) the appointment of the officer's protection in a superior function is carried out as a measure to promote employment. Preferably in the promotion according to the superior officer is granted: protectors) certificate, is included in the reserve candidates to promotion;
b) during completion of the service, has given evidence of high professionalism.
(8) Protection Officer Appointment in an equivalent function is performed: a) out of necessity, with the consent of the officer;
b) following the reorganisation measures, with modification of the State, with the agreement of personal protection officer;
c) in the case of discrepancy between the health conditions of the function held in the opinion of the Medical Commission, with the consent of the officer;
d) at the request.
(9) the appointment of the officer's protection in a lower function: a) out of necessity, with the consent of the officer;
b) in connection with the modification of State personally, if the appointment of the officer's protection in an equivalent function is impossible, with the agreement of the latter.
c) in the case of discrepancy between the health conditions of the function held in the opinion of the Medical Commission, with the consent of the officer;
d) in connection with the officer's protection skills nonconformance requirements tool, confirmed by decision of attestation;
It's the personal request);
f) in connection with the refusal to grant the protection officer has right of access to State secret;
g) demotion or disciplinary sanction-like in function.
(10) the appointment and transfer of protection officer are carried out in compliance with the following conditions: (a) respecting the procedure for presentation) of the protection officer appointment according as established by the Director of the service;
b the appointment) officer protection available to the Director of the service is carried out over a period of time, but not later than 2 months after its passage at the disposal of the Service Director;
(c) protection officer) appointment to which he has been denied access to State secret in a function does not require access to the information concerned;
d) transfer protection officer within the service without passing it to the available Service Director;
It's protection officer) the transfer from a subdivision of the service to another, depending on the needs of the service, with the agreement of the latter.
(11) where the protection officer consents to be appointed to an equivalent or superior function, teaching management shall be carried out no later than 10 days from the date fixed by the Director of the service.
(12) persons related by kinship cannot be confirmed documentary called functions implies the subordination or control between them.
(13) in relation to the need for change in State service or staff, the officer may be permitted, for a period of not more than 6 months, the performance of service duties temporarily assigned to a vacancy.
Article 31. Delegation (1) the officer may be delegated, by order of the Director of the service, without the issue of a time limit for the performance of tasks carried out service, performing various types of training and retraining, participation in conferences, congresses, training applications, sports competitions outside the place of work or permanently abroad, etc. (2) the officer may be delegated for a maximum period of 60 calendar days.
(3) protection officer Delegation is performed by the Service Director, remitting to the delegation in the manner established by the legislation in force.
(4) the delegation, as well as inscriptions about the departure/arrival at the place of destination are authenticated by the stamp and signature of the Director through the service.
(5) The Declaration of States of emergency, siege or war, delegating the protection officer is interrupted, it will return to Service, unless the officer is a delegate in the Mission of protecting the person receiving State protection. Article 32. Switching available (1) Switching protection officer available to the Director of the service is performed in the following cases: a) staying in partially paid leave for childcare up to the age of 3 years or in additional unpaid leave for child care from the age of 3 years to 6 years-throughout the period of parental leave;
b treatment) hearing into a public medical-sanitary institution for a period exceeding 3 months-until the final decision of the medical specialty;
c) registration as a candidate for elective office-during the election campaign;
d) reorganisation measures-for a period not exceeding two months, during which time the protection officer to be appointed to another position, seconded or released from Service in the manner established by the laws in force;
e) submitting to the Court the criminal case relating to the perpetration by the protection officer of a crime;
f) staying in bondage (except in cases of voluntary surrender) in hostage situation or person admitted-up to release;
g) disappearance or death-up to finding disappearing without a trace, or death in the manner established by the laws in force;
h) in other cases of impossibility to exercise the obligations of service in connection with expiry of the term of the person receiving State protection or loss of quality of the protected person, for a period of not more than 2 months, during which time the officer's appointment follows in the other Office, posting or termination of the completion of the service.
(2) during the period of your stay at the disposal of the Director of the service, the quality of protection officer remains.
(3) If, during the period of your stay at the disposal of the Service Director, came one of the cases referred to in article 1. 33-35, the officer is released from Service under the present law.
(4) The term of the protection available to the officer to the Director of the service does not include: (a) the period of your stay) annual leave;
b) stay in the medical leave period.
(5) In order to Service Director's disposal, in the cases referred to in paragraph 1. (1) (a). d) and h), protection officer may be established duties and tasks of the special service.
(6) In the order of protection officer available to Service Director will be given rights payments it will receive during that time.
Chapter IXÎNCETAREA the COMPLETION of SERVICE Article 33. Grounds for termination of the fulfilment of service As grounds for termination of the fulfilment of the service are: a) dismissal or dismissal from service;
b) Declaration in the manner laid down, of the disappearance without a trace;
c) death (death) protection officer;
d) contract expires.
In article 34. The resignation of protective Service Officers are entitled to the resignation of the contract-in accordance with the provisions of the labour code and the legislation governing the work of the service.
Article 35. (1) the dismissal Dismissal protection officer: a) on reaching the age limit of the service;
b) ranking by the Medical Committee as being unfit to fulfil the function of protection officer;
c) in the event of the service or of the reduction of State personnel;
d) in connection with the transfer of the other authority of public administration with the consent of the officer and of the heads of the institutions concerned;
e) for serious breach of discipline;
f) in the case of discrepancy between the function, confirmed by decision of the Commission of accreditation;
F1) for violation of art. 23 para. (3) (a). o);
[Art. 35 (1), h1) introduced by 21.07.16 MO256 LP102, from-267/12.08.16 art. 547; force 12.11.16]) to the conviction, pursuant to a final judgement, for săvîrşire of crime;
h) in the case of incompatibility, staying in fact established by the Act of finding remained definitive;
H1) in the case of nedepunerii the Declaration of wealth and personal interests or refusal to submit, under art. 27(2). (8) of law No. 132 of 17 June 2016 with respect to the national authority of integrity;
[Art. 35 (1), h1) introduced by LP134 from 17.06.16, MO245-246/30.07.16 art. 515; force 01.08.16] h2) in the case of disposition by the Court of Justice, under the decision irrevocable, unwarranted confiscation of property;
[Art. 35 (1), h2) introduced by LP134 from 17.06.16, MO245-246/30.07.16 art. 515; force 01.08.16] i) surrendering to Moldovan citizenship or the loss of it;
j) in connection with the unsatisfactory result obtained on probation;
k) in connection with the presentation by the officer, at the conclusion of the contract for the performance of the particular service, false documents, a fact confirmed in the established manner;
l) in connection with the restoration of the service, in accordance with the decision of the Court, the protection officer who served previously this function, if it refuses the transfer into another function;
m) in other cases provided for in the Labour Code.
(2) Protective Service Officer who falls under art. 33 d), and article 34 of this article paragraphs 1 and 2. (1) to turn over management within 3 days from the date of issue of the order, if it is not appropriate for another period.
(3) the officer's dismissal is not allowed in the period of your stay in sick leave, annual leave, annual leave, partially paid child care up to the age of 3 years, additional unpaid leave for care of children aged 3 to 6 years, and during the period of posting, except in the case of liquidation of the service.
(4) upon the termination of the completion of service under article 34, except that officers are entitled to a retirement pension and this article paragraphs 1 and 2. (1) (a). e)-m), protection officer of the service paid the outstanding amount of the uniform.
To in article 36. How non-fulfilment service (1) performance of service shall cease on the date of issue of the order for release from the service, if the order is not appropriate to a different date. Protection officer to hand over documentation service operated until the date of issue of the order of release.
(2) in the event of termination of service under article 5 of the fulfilment 33 lit. (d)), the service is obliged to notify the officer, in writing, with 2 months before expiry of the contract, about the intention to conclude a contract or not successively. Protection officer whose term of service was extended beyond the age of service and whose contract has expired is dismissed from service.
(3) the officer is dismissed pursuant to art. 35 para. (1) (a). a) where he or she reaches the age of service set for officer protection. The service is obligated to notify, with 2 months before, protection officer about reaching the age limit of the service. If the parties wish to conclude a new contract, the officer is subject to examination by the Medical Committee for the assessment of health status required for the performance of the service.
(4) in the interest of completeness of the herd, protective Service officers consider specialized medical Committee as being fit for duty and who demonstrate a high professional competence, at their request and the decision of the Director of the service, can be left for further service up to 5 years over the age limit of the service.
(5) the officer is dismissed pursuant to art. 35 para. (1) (a). b) where it was considered by the Medical Committee as being unfit for service commitments.
(6) the officer is dismissed pursuant to art. 35 para. (1) (a). c) pursuant to the provisions of the Labour Code.
(7) In case of reorganization of service (subdivision), preferential right to be let into the enjoys protection service officers with a higher qualification. If they have the qualifications and the results of equal service, but does not enjoy the right to a pension, the right to be let into the enjoys protection service officers: a) have a length greater than the service;
b) suffered during the performance of a service crash or have contracted an occupational disease;
c) is to study and to be promoted;
d) participated in combat actions in defence of sovereignty and territorial integrity of the Republic of Moldova;
It's not much) more than 2 years before the establishment of the pension for length of service;
f) were stimulated for success in service and have no disciplinary sanctions;
g) have family obligations and maintain two or more people and/or a person with disabilities.
(8) the officer is dismissed pursuant to art. 35 para. (1) (a). d) where there is consent, in writing, of its being transferred and an agreement in writing of the Director of the service which allows the transfer, as well as the request made to the Public Service leadership authority.
(9) the officer is dismissed pursuant to art. 35 para. (1) (a). e) in the case of serious infringement of discipline, which has caused material injury and/or denigrated the image, the reputation Service Honor times. Dismissal protection officer are carried out on the basis of the order in question as a result of the investigation of service approved by the Director of the service.
(10) the officer is dismissed pursuant to art. 35 para. (1) (a). f) where it does not correspond to the function held due to insufficient qualification, which is confirmed by the Commission's decision of attestation. The procedure for the grant of the certificate is set out in the Act of service.
(11) the officer is dismissed pursuant to art. 35 para. (1) (a). g) where the Court has pronounced a final and irrevocable decision. Protection officer is fired upon the entry into force of the judgement.
(12) the officer is dismissed pursuant to art. 35 para. (1) (a). h) if its owner or incompatibility established by the Act, fact finding remained permanently.
(13) In case of loss of quality of Moldovan citizen, the officer is obliged to inform about this in writing to cease Service leadership and performance of the service under referred to in article 1. 34 until the loss of quality of the citizen of the Republic of Moldova. If the protection officer has informed, in writing, directing and Service it was found that he had lost the status of citizen of the Republic of Moldova, it is fired, according to art. 35 para. (1) (a). I), for 3 days from the date of establishment of these facts.
(14) the officer is dismissed pursuant to art. 35 para. (1) (a). j) where the result of the trial period is unsatisfactory.
(15) the officer is dismissed pursuant to art. 35 para. (1) (a). k) where he is concealed or intentionally distorted the biographical data or presented false documents at the conclusion of the contract for the performance of the particular service.
(16) the officer is dismissed pursuant to art. 35 para. (1) (a). l) where it has been restored, according to the decision of the Court, the protection officer who served previously this function, if it refuses the transfer into another function.
(17) the Protection Officers has been reliable, cumulative calendar calculation, special and service including military service under contract for 20 years and more, the release from the service, by order of the Director of the service, may be granted the right to wear the uniform and insignia of the protection officer.
Chapter LEGAL and SOCIAL XPROTECŢIA in article 37. Rights of defence (1) Defending life, physical integrity, freedom of action, health, dignity and property of protective Service Officer and members of his family is guaranteed in the manner established by law.
(2) retention of protective service officer in the exercise of his service obligation, enforced, the examination and control of his assets, as well as of the means of transport used by him, shall be allowed only pursuant to a judgement and in the presence of a representative of the service.
(3) protection officer has the right to apply to the Court for the purpose of solving work litigations and claims rights were violated.
Article 38. Electoral rights (1) Protective Service Officers exercising electoral rights under the terms of the legislation in force.
(2) protective Officers have the right to be elected in an elective in accordance with the provisions of the electoral code. In the case of the choice depending on the elective officer will be dismissed from the service. At the expiry of the finding in the elective officer function is employed, on request, in the service under the terms of the legislation.
Article 39. Working hours are (1) the length of time an employment in the service shall be determined by the Labour Code, of this law and of the normative acts of the service and shall not exceed, except as provided in paragraph 1. (4) the duration of a week of work established by the legislation in force.
(2) taking into consideration the specifics of the activity of the service, the officers can be trained in carrying out the obligations of service outside business hours set, and at night, in the days of rest and holidays.
(3) protective Officers trained to fulfil the service outside of the duration time work week shall be granted a period of rest on other days of the week. In case of impossibility to compensate for time worked outside the duration of rest time with proper time frame may be unbalanced to annual leave is compensated in money in the average salary size for each additional day of rest, calculated according to the benefits, bonuses, supplements and allowances determined in accordance with the laws in force. How to record work time and additional rest days shall be fixed by the Act of service.
(4) during the State of emergency, martial law and war, of alarm service and other actions related to the fulfilment of service time is unlimited, with the granting of further time for rest.
Article 40. Time rest. Holidays (1) protection officers have the right to rest assured by granting rest days and non-working holidays, annual leave and additional leave, rest, leave, social services (medical, maternity and child care) and other leave (on family reasons, study, etc.), as required by law.
(2) protection officers are entitled to annual leave annual 35 calendar days. Scheduling of annual leave, rest, grant them and recall from annual leave shall be made in the General conditions laid down in the labour code.
(3) where seniority in service exceeds 10, 15 and 20 years, paid annual leave increases annually, respectively, with 5, 10 and 15 calendar days.
(4) after the expiration of the appointment, six months or year of issue from service, rest leave entitlement is calculated by dividing the length of 12 holidays referred to in paragraph 1. (2) and (3) and by multiplying the number of days by the number of complete months of service. The number of days is rounded off by raising it.
(5) where protection officer became ill during the holidays referred to in paragraph 1. (2) and (3), their duration is extended, after curing, the number of days of sickness during the leave, except where the order was issued by the Director of the service's disposal. Prolongation is approved by order of the Director of the service and has the reason medical certificate.
(6) paid sick leave shall be granted in accordance with the medical certificate or medical conclusion, issued by the medical establishment to Service, and it is paid in full. Sick leave is determined by the time of uninterrupted treatment outpatient or inpatient.
(7) If, during a calendar year, the period of releases from the fulfilment of service on the grounds of illness exceeding 36 days, the officer is subjected to medical examination for the purpose of determining their capacity necessary for attaining service obligations according to function. The time of the treatment of traumatized protection officer during the performance of service obligations is not restricted.
8. Maternity leave and leave for child care, including the allowance for the upkeep of the Algonquian wife of the officer shall be granted, in accordance with General provisions. The basis for calculating the benefits of maternity allowance, parental allowance and sick child care is average monthly income achieved by the protection officer in the last 12 calendar months preceding the month in which the event occurred. The basis for calculating the compensation granted maternity distances wife spousal maintenance officer is the average monthly income of the spouse. The allowances shall be paid at the place of work, from the State budget.
(9) one of the parents who have Service employees 2 and more children aged up to 14 years of age (or an invalid child) unmarried parents themselves who have a baby of the same age are granted annually, based on a request in writing, an unpaid leave for a period of at least 14 calendar days. This leave may be attached to the annual leave every year or can be used separately (or split) in the periods laid down in the agreement with the Director of the service.
(10) the officers of the protection shall be granted unpaid leave for study purposes in support of: (a) the admission examinations) higher education institutions;
b) of session state exams and diploma work. Duration of leave for studies shall be determined in accordance with the legislation in force. After the end of the session, the officer from the service protection presents a written confirmation concerning the participation in the session.
Article 41. The right to health care (1) Protective Service Officers shall receive medical assistance and treatment (outpatient and inpatient), granted at the expense of the State, the competent institution of medical protection officers serving under a contract of Service.
(2) where the disease contracted or trauma received protective service officer is linked to the violation of legislation, voluntary consumption of alcoholic beverages or narcotic substances, except for urgent medical assistance, shall be paid from my own.
(3) where the officers of the service de protection requires urgent medical assistance, it must be granted unconditionally from all public medical-sanitary institutions. If you cannot be granted medical institutions established for the protection of the service officers, planned healthcare in other medical institutions, with reimbursement of expenses from the financial resources of the service provided for this purpose.
(4) the rights referred to in paragraph 1. (1) to (3) also benefit protection service officers listed in backup (withdrawal): a) ranked as being unable to fulfil the function of protective service officer, as a result of mutilations (injury, trauma, contusion) in connection with the exercise of the function;
b) upon reaching the age limit of the service, if you have, in the position of officer, an old license for 20 years and more;
c) regardless of the reasons for the termination of the completion of the service, except as provided for in article 35 lit. e)-m), if they have a license in service for 25 years and more.
Article 42. The right equipment and the food ration (1) Protective Service Officers are provided with equipment and with food ration at the expense of the State budget as stipulated by the Government.
(2) uniform, distinctive insignia Model, uniform insurance rules are approved by the Decree of the President of the Republic of Moldova. Port rules are uniform, laid down by the Director of the service.
(3) the use of special, degrees of distinctive marks, uniform or badge of service by a person who has no powers under the legislation concerned incurs.
Article 43. Rights (1) personnel Service shall be effected in the manner, conditions and sizes laid down in the legislation in force.
(2) Protective Service Officers shall receive monthly salary, which consists of salary, bonuses, benefits, supplements, allowances and other pecuniary rights permanently established by law. Protective service officers may establish and other pecuniary rights granted under the law.
(3) Securing financial protection officers of the service that meet special assignments outside the territory of the Republic of Moldova shall be carried out in accordance with the rules and the way set by the Government.
Article 44. The right to professional risk (1) is not wrong action of protection officer committed in a situation of risk professional, though signs shares for which it is provided for disciplinary, administrative or criminal liability.
(2) the risk is considered to be well founded if the purpose pursued by socially useful protective service officer could not be achieved without that risk and if protection officer to take reasonable steps to prevent violations of the rights and freedoms protected by law.
Article 45. Ensuring with pensions Insurance pension protection officers of the service are carried out in accordance with the law, ensuring with pensions of servicemen and persons of the body and the organs of internal affairs troops nr. 1544-XII from June 23, 1993.
Article 46. The compulsory State insurance (1) life, health and property of protective service officer are subject to the compulsory State insurance from the State budget (2) in case of death of the protective service officer in connection with the exercise of the function, or in case of death as a result of mutilations (injury, trauma, contusion) in connection with the exercise of the function, including after termination of service fulfilment the family of the deceased, or people you met li insurance amount shall be paid to the size of the salary for the 10 years of the deceased and his monthly salary over the course of 5 years, taking into account indexation of wages. At the expiration of the 5-year-old survivor's pension is determined in the manner prescribed by law.
(3) in the event of mutilation (injury, trauma, contusion) in connection with the exercise of the function, the protection service officer i is charged a single indemnity in relation to the seriousness of the female, in the following sizes: 3 to) monthly salaries, if female lightweight;
b) 5 monthly salaries in the case of female mediums;
7 c) monthly salaries, if female.
(4) In case of dismissal from the service protection officer on file as being unfit for service fulfilment due to mutilations (injury, trauma, contusion) in connection with the exercise of the function, the protection service officer i is paid an allowance of 60 monthly salaries, calculated according to the last positions held.
(5) in the case of disability occurring in connection with the exercise of the function, the protection service officer i is paid monthly compensation, reported at the last monthly salary according to functions held in the following proportions: 100% a) for 1st degree invalidity;
b) 80% for grade II invalidity;
c) 60% of the invalidity pension for III degree.
(6) the invalidity pension and other retirement benefits set up or after the loss of work capacity are not included in the calculation of compensation in paragraph 2. (5) Article 47. Right to indemnity (1) upon the termination of the completion of service under article 33 paragraph 2 of point d), article 34 and article 35 paragraphs 1 and 2. (1) letter a)-d), if he is entitled to a pension, protection officer i is paid compensation for dismissal in accordance with seniority in the service calendar as follows: a) from 5 to 10 years-6 monthly salaries;
b) from 10 to 15 years-10 monthly salaries;
c) from 15 to 20 years-15 monthly salaries;
d) at 20 years and more-20 monthly salaries.
(2) upon the termination of the completion of service under article 33 paragraph 2 of point d) and art. 35 para. (1) letter a)-(c)), if not entitled to retirement protection officer i is paid an allowance by the dismissal of six monthly salaries.
(3) in the case of release from service repeated (or particular), compensation shall be granted for dismissal from which is excluded the size of compensation received in the past.
(4) the dismissal Indemnity protection officer decorated with state medals during the period of completion of the service shall be increased by two monthly salaries.
Article 48. The right protective service officers to transport the protective Service Officers are entitled to travel free of charge transport in the territory of the Republic of Moldova according to the rules and regulations set by the Government.
Article 49. Legal and social protection of the members of the family of protection officers (1) in case of death of the protective service officer in connection with the exercise of the function, or as a result of mutilations (injury, trauma, contusion) in connection with the exercise of the function, including after termination of completion of service, costs associated with transport and funeral services is carried out at the expense of service.
(2) under the conditions laid down in paragraph 1. (1) the family members of the deceased, if their passage to another place of residence, have the right to a single use, at the expense of auto transport Service, or rail for transporting personal property in the territory of the Republic of Moldova.
Chapter XISTIMULĂRI and DISCIPLINARY SANCTIONS in article 50. Incentive mode and application of disciplinary sanctions the way of stimulation and disciplinary sanctions is established by Decree of the President of the Republic of Moldova.
Article 51. Boost protective service officers
(1) For the fulfilment of the obligations of service conscious, officers can be stimulated through: a) expression of thanks;
c) handing gifts of price;
d) handing of diplomas of honour;
e) lifting of the disciplinary sanctions;
f) decorating with badges and medals of the service;
g) conferring the degree specifically ahead of schedule;
h) decoration engraved with the name of the weapon with the possessor.
(2) For bravery in the function and for other special merits towards the homeland officers can be proposed towards the decoration with State awards of the Republic of Moldova in accordance with the law.
Article 52. Disciplinary sanctions (1) Officers of protection may be applied to disciplinary sanctions for violation of discipline, for the issue of an administrative act/adoption, conclusion, directly or through a third person of a legal act, making or participating in making a decision with no real settlement of the conflict of interest in accordance with the legislation on conflict of interests, a fact established by the Act of finding remained permanently.
[Article 52 of Regulation (EC) 17.06.16 LP134 from the Editorial Board, MO245-246/30.07.16 art. 515; 01.08.16 in force]
(11) the Protection Officers may be applied the following penalties: a disciplining) warning;
(c) severe reprimand;)
d) prevention on the partial compliance function;
grade e in particular) demotion with a step;
[Art. 52 (11) introduced by LP134 from 17.06.16, MO245-246/30.07.16 art. 515; 01.08.16 in force]
(12) the penalties provided for in paragraph 1. (11) (a). the)-c) cannot be applied in the event of issue/adopt a direct administrative action, conclusion or by a third person of a legal act, decision or participate in making a decision with no real settlement of the conflict of interest in accordance with the legislation on conflict of interests, a fact established by the Act of finding remained permanently.
[Art. 52 (12) introduced by LP134 from 17.06.16, MO245-246/30.07.16 art. 515; 01.08.16 in force]
(2) For the same misconduct may apply to only one disciplinary penalty.
(3) the Disciplinary Officers sanctioned protection are not exempt from liability.
(4) the application of disciplinary sanction shall take account of the gravity of the offence committed and other circumstances.
Chapter XIIFINANŢAREA and ASIGURAREATEHNICO material of the service Article 53. Funding and ensuring funding and technical-material ensuring of technical-material of the service shall be made from the State budget.
Chapter XIIIRĂSPUNDEREA Article 54. Liability protection service officers (1) For failure to perform or improper performance of obligations, as well as for committing illegal actions, protective service officers bear responsibility according to the law.
(2) damage caused by protection officers of the service are in the mission, if their guilt is not proven, not undertake liability for their material, which is borne by the budget of the service.
(3) the actions of the officers of the protection service will be examined by persons with responsibility in the service and may be appealed in the Court.
Chapter XIVDISPOZIŢII FINAL and TRANSITIONAL Article 55 (1) after the entry into force of this law shall be repealed law No. 1457-XIII of 28 January 1998 relating to the service of protection and State Guard (Official Gazette of the Republic of Moldova, 1998, no. 12-13, art. 54), as amended.
(2) 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 develop the necessary normative acts on execution of this law;
c) will bring its normative acts in compliance with this law.
(3) to bringing current legislation in compliance with this law, the normative acts shall apply insofar as they do not contravene it.
(4) Military Service are removed from military records and included in the record of the service of protection and State guard without being dismissed.
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