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Concerning Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea şi completarea unor acte legislative

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    The Parliament adopts this organic law.
Art. I.-Law nr. 269-XIII of 9 November 1994 on exit and entrance in the Republic of Moldova (Official Gazette of the Republic of Moldova, 1995, nr. 6, art. 54), as amended, is modified and completed as follows: 1. In the preamble: "establishes restrictions to this right, temporary" is excluded;
to be completed in the end with the text: "temporary Restrictions on the release of output and input are regulated by law No. 273-XIII of 9 November 1994 concerning identity documents from the national system of passports. "
2. Chapter IV is hereby repealed.
Art. II.-Law nr. 273-XIII of 9 November 1994 concerning identity documents from the national system of passports (Official Gazette of the Republic of Moldova, 1995, nr. 9, art. 89), as amended, is modified and completed as follows: 1. In article 4: (13) shall read as follows: "(13) identity documents are issued on the basis of an application submitted by the applicant to the competent authority as provided by law. In special situations, the application shall be allowed by other people, namely: a) in the case of minors and persons lacking in exercise capacity or with limited exercise capacity, acting as the legal representative of the applicant, with the obligatory presence of the condition of the person represented. The notion of minor doesn't fit the people who got the full exercise capacity until the age of 18 years pursuant to article. 20 paragraph 1. (2) and (3) of the civil code of the Republic of Moldova;
b) in the case of children separated from their parents, which were imposed the guardianship or curatorship times who are beneficiaries of social investment services (family-type children's home community, temporary placement Center, other types of residential institutions), the application shall be lodged by the guardianship authority or by the administration of the institution concerned;
c) in the case of persons, persons on treatment by constraint, of persons in remand or detention, the application may be filed through a representative;
d) in situations where the person is placed in a medical facility and is in serious condition (unconscious, in a coma), the identity card is issued at the request of the person acting in the interest of: family member, relative, and failing that, as a result of the local government authority or medical institution concerned;
e) in the case of persons with mental disorders (mental illness or mental disabilities), maintenance in institutions-schools, the identity card is issued as a result of that institution.
(14) where the ID is requested, containing means electronic signature certificates and public keys does not concedes filing through representative. "article is completed (15) to (19) with the following contents:" (15) application for issue of identity document shall be refused where the applicant has submitted fraudulent information or documents submitted are insufficient, contain differences are invalid or are found not to be authentic.
(16) the application for the issuance of a passport or travel document shall be refused where the applicant is entitled to suspend the movement abroad, namely where: a) the applicant for endangering national security;
b a sentence) the applicant's criminal sentence pursuant to a judgment of the Court of the Republic of Moldova;
c) within a process of prosecution or trial of criminal case in the territory of the Republic of Moldova, the applicant is informed by the competent body search or one of the preventive measures applied in accordance with the code of criminal procedure, as follows:-the obligation not to leave the locality;
-the obligation not to leave the country;
-transmission under supervision of militarului;
-transmission to the minor under supervision;
-house arrest;
-pre-trial detention;
-provisional release under judicial control or on bail, with the obligation not to leave the locality;
d) applicant had applied measures of medical constraint, under the terms of the criminal law;
e) the applicant has the ban on leaving the country by virtue of a court decision, the executing code.
(17) in order to enforce the measures provided for in paragraph 1. (15), the authorities have ordered their application are required to communicate to the issuing of identity documents.
(18) the rejection of an application for the issue of unreasonable ID can be challenged in administrative courts Law No. 793-XIV of 10 February 2000.
(19) the time limit for the examination of applications for the issuance of identity documents is up to 30 calendar days, and where there are clear grounds for further examination, the competent authority it extended more than a month. "in paragraph (4) shall be completed in the end with the text:" the identity card containing electronic signature means public keys and certificates is not through representative organizations or by registered letter. ' article is supplemented with paragraph (5) with the following contents : "(5) the Moldovan citizens have the right to hold simultaneously two valid passports provided the personal data of the holder, in that they should be the same. This provision does not apply in the case of diplomatic passport or Passport service. "
2. In article 5: single paragraph becomes paragraph 1 and shall be supplemented by the letters f and g)) with the following content: "f) containing the identification number of the individual State and whose holders have waived this number and automated records in the State Register of population;
g) which have been damaged, stolen or reported lost. "
Article shall be supplemented by paragraphs (2) and (3) with the following contents: "(2) no Persons may hold simultaneously several valid identification documents of the same type, except in the case provided for in article 10. "". 5. (3) the identity card or the particulars on the information sheet accompanying this are null and void if the Act was issued endorsements have been applied on the basis of a document subsequently cancelled times which found that it was invalid, fake times based on a falsified or fraudulent information.
The nullity of the identity document or particulars on the information sheet accompanying this is found by the Court or by the issuing authority on its own initiative or following complaints of the persons concerned. "
3. Article 6 shall read as follows: "Article 6.  The withdrawal and destruction of identity documents (1) In cases where identity documents are false, forged or obtained through fraud, as well as in other cases provided for by the legislation in force, the acts in question are withdrawn by the competent authorities.
(2) identity documents to be exchanged, presented to the filing of the application or, where appropriate, to new, handing the document are cancelled and returned to the holder in accordance with the procedure established by the Government.
(3) invalid identity documents, withdrawn by the competent authorities and those taught by holders or of third persons, are destroyed by the issuing authority in the manner established by the Government. "
4. In article 8, subparagraph (b)) is hereby repealed.
Art. III.-in article 36 (2) and article 37 (2) of law No. 270-XVI dated 18 December 2008 concerning the asylum in the Republic of Moldova (Official Gazette of the Republic of Moldova, 2009, nr. 53-54, art. 145), with subsequent amendments, the text "when it is jeopardized national security or public order of the Republic of Moldova" shall be replaced with the words ' laid down by the legislation in force ".
Art. IV.-Article 12 of law No. July 16, 2010 200 aliens (Official Gazette of the Republic of Moldova, 2010, no. 179-182, art. 610), as amended, is modified and completed as follows: paragraph 1 shall read as follows: "(1) the alien is not allowed leaving the country as a result of the suspension of the right to free movement abroad for the following reasons : a) the alien criminal a sentence involving deprivation of liberty pursuant to a judgment of the Court of the Republic of Moldova;
b) within a process of prosecution or trial of criminal case in the territory of the Republic of Moldova, the alien is announced in the search by the competent body or i applied one of the following preventive measures, according to the code of criminal procedure:-the obligation not to leave the locality;
-the obligation not to leave the country;
-transmission to the minor under supervision;
-house arrest;
-pre-trial detention;
-provisional release under judicial control or on bail, with the obligation not to leave the locality;
alien-c) have been applied to coercive measures of a medical nature, under the terms of the criminal law;
d) the alien has prohibition on leaving the country by virtue of a court decision, according to code enforcement. "

article is supplemented with paragraph 11 with the following contents: "(11) for the purposes of enforcement of the measures referred to in paragraph 1. (1) authorities have ordered their application are required to communicate to the competent authority for foreigners. "
Art. V.-in article 22 (1) of the enforcement code of the Republic of Moldova nr. 443-XV of 24 December 2004 (reprinted in the Official Gazette of the Republic of Moldova, 2010, 214-220, 704), with subsequent amendments, subparagraph v) shall be completed in the end with the text: "the ban on the issue of documents of civil status, identity or documents of driving licences shall be applied exclusively by the Court;".
Art. Vi.-the Government, within a period of 6 months from the date of entry into force of the present law, will put its normative acts in compliance with this law.