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On Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea și completarea unor acte legislative

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    CHANGED RMO379 from 04.11.16, MO379-386/04.11.16 article 22 the Parliament adopts this organic law.
Art. I.-Law nr. 1456-XII of 25 May 1993 on pharmaceutical activity (republished in the Official Gazette of the Republic of Moldova, 2005, nr. 59-61, art. 200), with subsequent amendments, shall be completed as follows: 1. Article 15 shall be added to paragraph (3) with the following contents: "(3) State control of persons engaged in entrepreneurial activity is planned, is carried out and recorded in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
2. In article 19, paragraph 2, shall be supplemented in the end with the words "within the limits of the law".
Art. II.-Article 26 of law No. 1515-XII of 16 June 1993 concerning the protection of the environment (Monitor of the Parliament of Moldova, 1993, nr. 10, art. 283), with subsequent amendments, shall be added to paragraph 4 with the following contents: "(4) State control of persons engaged in entrepreneurial activity is planned, is carried out and recorded in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. III.-Article 23 of law No. 267-XIII of 9 November 1994 on fire protection (Official Gazette of the Republic of Moldova, 1995, no. 15-16, art. 144), with subsequent amendments, shall be supplemented by the letter h) with the following content: "h) complies with the provisions of law No. 131 of 8 June 2012 State control over activity of entrepreneur in carrying out control and surveillance of persons practising entrepreneurial activity. "
Art. IV.-Article 20 of law No. 271-XIII of 9 November 1994 regarding civil protection (Official Gazette of the Republic of Moldova, 1994, no. 20, article 231), with subsequent amendments, shall be added to paragraph (2) with the following contents: "(2) the State supervision in the field of civil protection will exercise control and supervision of persons practising entrepreneurial activity in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. V.-Article 21 of law No. 721-XIII of 2 February 1996 concerning construction quality (Official Gazette of the Republic of Moldova, 1996, no. 25, art. 259), with subsequent amendments, shall be added to paragraph (3) with the following contents: "(3) State control of persons engaged in entrepreneurial activity is planned, is carried out and recorded in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. Vi.-Article 216 of the tax code of the Republic of Moldova nr. 1163-XIII of 24 April 1997 (reprinted in the Official Gazette of the Republic of Moldova, special edition of 8 February 2007), with subsequent amendments, shall be supplemented by paragraphs (9) and (10) with the following contents: "(9) by way of derogation from the provisions of this chapter, the audit at the premises of persons engaged in entrepreneurial activity is recorded and supervise in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State.
(10) control on the spot at the taxpayer's request in relation to the refund of taxes, fees and other payments from the national public budget should be reported only in accordance with the law. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. VII.-in article 5 of the Civil Aviation Law nr. 1237-XIII of 9 July 1997 (republished in the Official Gazette of the Republic of Moldova, 2010, no. 98-99, art. 292) and its subsequent amendments, paragraph (5) shall be completed in the end with the text: "State control of persons engaged in entrepreneurial activity is planned, is carried out and recorded in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. VIII.-in article 131 (3) of law No. 1525-XIII from February 19, 1998, concerning the energy consumption (Official Gazette of the Republic of Moldova, 1998, no. 50-51, art. 366), with subsequent amendments, the word "regulations" shall be replaced with the text "no law. 131 of 8 June 2012 State control over activity of entrepreneur ".
Art. IX. Article 9 of the law-No. 1100-XIV of 30 June 2000 regarding the manufacture and circulation of ethyl alcohol and alcohol production (republished in the Official Gazette of the Republic of Moldova, 2010, no. 98-99, art. 293), with subsequent amendments, shall be added to paragraph 11 with the following contents: "(11) State control of persons engaged in entrepreneurial activity is planned, is carried out and recorded in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. X.-Article 2021 from customs code of the Republic of Moldova nr. 1149-XIV of July 20, 2000 (reprinted in the Official Gazette of the Republic of Moldova, Special Edition from January 1, 2007), with subsequent amendments, shall be added to paragraph 21: "with the following contents (21) Customs control at a later date through the audit of postvămuire persons who practice entrepreneurial activity is planned, to be recorded, shall supervise and shall be reported in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. XI.-Law nr. 140-XV dated 10 May 2001 concerning the State Labour Inspectorate (Official Gazette of the Republic of Moldova, 2001, no. 68-71, art. 505), as amended, is modified and completed as follows: 1. Article 8 shall be added to paragraph 5 with the following: "(5) the rights of the Inspector within the control of State and/or in connection with the control of persons engaged in entrepreneurial activity will be conducted within the limits and in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
2. In article 111, paragraph 3, the words "Control may be exercised repeatedly whenever necessary to ensure compliance with the provisions of the labour legislation, occupational health and safety." is excluded.
3. Article 112:

under paragraph (1), in the introductory part, the words "the decision and" are mutually exclusive;
(3) is hereby repealed.
4. Article 113: in paragraph 2, the words ' of the model approved by the Director of the State Labour Inspectorate "is excluded;
(3) to be completed in the end with the text: "in the case of control to people who practice entrepreneurial activity, the control shall be drawn up and recorded in compliance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "the article is completed with paragraph 11 with the following contents:" (11) in the context of State control of persons engaged in entrepreneurial activity, the requirements will be issued in compliance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. XII.-Article 19 of law No. 451-XV of July 30, 2001 on regulating through licensing of entrepreneurial activity (republished in the Official Gazette of the Republic of Moldova, 2005, no. 26-28, art. 95), as amended, is hereby amended as follows: (3) shall read as follows: "(3) State control for compliance with the requirements and conditions licensing planning shall be carried out and recorded in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "in paragraphs (4) to (10) shall be repealed.
Art. XIII.-Article 12 of law No. 78-XV of 18 March 2004 concerning foodstuffs (Official Gazette of the Republic of Moldova, 2004, no. 83-87, art. 431), with subsequent amendments, shall be added to paragraph 11 with the following contents: "(11) State control of persons engaged in entrepreneurial activity is planned, is carried out and recorded in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. XIV.-in article 21 of law No. 119-XV of 22 April 2004 concerning the plant protection products and fertilizers from (Official Gazette of the Republic of Moldova, 2004, nr. 100-104, art. 510), as amended, in paragraph (3) shall be completed in the end with the text: "State control of persons engaged in entrepreneurial activity is planned, is carried out and recorded in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. XV.-Article 33 of the law on vine and wine No. 57-XVI of March 10, 2006 (republished in the Official Gazette of the Republic of Moldova, 2013, no. 64-68, art. 193) shall be added to paragraph 11 with the following contents: "(11) State control of persons engaged in entrepreneurial activity is planned, is carried out and recorded in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. XVI.-Article 7 of law No. 422-XVI of 22 December 2006 concerning general safety of products (Official Gazette of the Republic of Moldova, 2007, no. 36-38, art. 145), with subsequent amendments, shall be added to paragraph 5 with the following: "5. the market surveillance Authorities shall carry out State control in the field of conformity in compliance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. XVII.-Law nr. 158-XVI dated 4 July 2008 concerning the public function and status of civil servant (Official Gazette of the Republic of Moldova, 2008, no. 230-232, art. 840), with subsequent amendments, shall be completed as follows: 1. Article 57 shall be supplemented with the letter m) with the following content: "violation of the rules and rigors) the proceeding regarding the initiation, conduct and recording of State control over business of entrepreneurship."
2. Article 58 shall be supplemented by the letter h) with the following content: "h) demotion and/or degree of skill."
Art. XVIII.-amendments to the Code of the Republic of Moldova nr. 218-XVI dated October 24, 2008 (Official Gazette of the Republic of Moldova, 2009, no.4-6, art. 15), as amended, is modified and completed as follows: 1. Article 2871, paragraph (4) shall be repealed.
2. the code shall be supplemented with the following article: 3502 "Article 3502. Violation of the laws concerning State control over activity of entrepreneur (1) taking up unannounced outside the grounds laid down by law shall be sanctioned with a fine of from 100 to 150 conventional units applied to person with responsibility.
(2) failure, incomplete record or transmit electronically for storing the control delegation and/or of record in the State Register of checks, in accordance with the procedure and time-limits laid down by law, shall be sanctioned with a fine of from 50 to 150 conventional units applied to person with responsibility.
(3) non-use of the list of appropriate verification during control by the State supervisory body is punishable by a fine of from 50 to 150 conventional units applied to person with responsibility.
(4) admission and/or unwarranted prolongation of the duration of the arrangement of the control over time limits set by the law, or the arrangement of unduly restrictive measures shall be imposed with a fine of 300 to 500 conventional units applied to person with responsibility.
(5) Transmit the inspection report to the person to be tested is punishable by a fine of from 50 to 150 conventional units applied to person with responsibility. "
3. In article 380: single paragraph becomes paragraph 1;
article is supplemented with paragraph (2) with the following contents: "(2) the liability for non-performance, contravențională improper execution of the measures specified in the inspection acts, decisions, decisions, reports and issued by the competent authorities proposed to exclude liability for infringements contravențională neremediate indicated therein."
4. In article 400 (1), ' 293, 2931, 295.0 "and the text" art. 299 para. (2), article "are excluded, the figures" 350.0 "is entered" 3502, figures ".
5. In article 401 (1), the words "and replace" 316 ", 316 and 3502".

6. In article 402 (1), the words "art. 299 para. (1), article 3 "shall be replaced with figures" 299 ".
7. Article 426 shall be supplemented by: (11) with the following contents: "(11) during inspection at the premises, places of business or assets in respect of persons engaged in entrepreneurial activity, providing the agent is not entitled to extend the scope of the research to the objects that are unrelated to the circumstances of the contravenției.," paragraph (5) shall read as follows : "(5) the objects and documents discovered on the spot at that place, shall be examined and the results of the examination shall be recorded in the minutes of this action. Where in examining in situ the backing, the photo or video recordings times sampling on objects or information subcarrier is prevented from carrying out such actions, objects and documents which constitute the tort arises, fixtures, where the end is wrapped, the package shall be sealed and signed, the fact being mentioned in the minutes of stretching out on the spot. Will invalidate the package is carried out in the presence of the offender or of his representative. "
8. Article 427 paragraph 1, the words "which would have significance for the question" shall be replaced with the words "which constitute an offence", and fixtures in the final paragraph is completed with the text "if they were not raised in the conditions of art. 426 paragraph 1. (5)”.
9. Article 430: in paragraph (2) shall be supplemented with the words ", the term for which they were raised and the body they will keep";
in paragraph 4, after the words "of every" shall be inserted the words ", with the right to submit observations in writing the report in question".
10. Article 440: (2) shall read as follows: "(2) the claim Agent is invoked through the complaint or refer the matter to formal manner on its own initiative or when it has sufficient information to consider with a high degree of probability that it committed a contravention by either finding the Act contravention." article is completed (42) with the following contents: "(42), Finding the Act contravention and trial law under the State's control over the activity of entrepreneur or as a result of the claim agent who has powers of supervisory body pursuant to law No. 131 of 8 June 2012 State control over activity of entrepreneur are effected within the limits laid down in article 21. 51 of the Act. "
441. Article 11 (1): in the introductory part, the words "Administrative Process started shall cease if" shall be replaced with the text "Administrative Process cannot be started, and when it was started, it cannot be carried out and will be terminated in cases where"; 
paragraph is completed with the letter g) with the following content: "the deed was recorded) under State control over activity of the developer and is not very serious or serious breach within the meaning of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
12. Article 442 shall be supplemented with paragraph 11 with the following contents: "(11) the minutes of the Supervisory Board, drawn up in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State, replaces the minutes concerning administrative offence and has legal and similar legal force if he is found deed contravențională requirements laid down in this code. "
Art. XIX. Article 74 of the code-footer No. 3-XVI dated February 2, 2009 (Official Gazette of the Republic of Moldova, 2009, no. 75-77, art. 197), with subsequent amendments, shall be added to paragraph (3) with the following contents: "(3) State control over rational use and protection of subsoil planning shall be carried out and recorded in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. XX.-Article 18 of law No. 10-XVI dated 3 February 2009 concerning the supervision of the State public health (Official Gazette of the Republic of Moldova, 2009, no. 67, art. 183), with subsequent amendments, shall be added to paragraph 11 with the following contents: "(11) State control in the field of public health of persons practising entrepreneurial activity planning shall be carried out and recorded in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. XXI.-Article 32 of Act No. 92 of 26 April 2012 concerning medical devices (Official Gazette of the Republic of Moldova, 2012, no. 149-154, art. 479), with subsequent amendments, shall be read as follows: the title shall read as follows: ' article 32. Access to medical devices and control ";
Article shall be supplemented by the text: "State control of persons engaged in entrepreneurial activity is planned, is carried out and recorded in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. XXII.-Law nr. 116 of 18 may 2012 industrial safety of dangerous industrial objects (Official Gazette of the Republic of Moldova, 2012, nr. 135-142, art. 445), as amended, is modified and completed as follows: 1. Article 6 (9): the letter b), the words ' according to the form set out in the annex. 3 "is excluded;
the letter d), the words "in accordance with the form set out in the annex. 4 "shall be replaced with the word" out ";
in paragraph (11) shall be supplemented with the letter f) with the following content: "f) comply, in control and technical supervision by the State, the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
[Art. 1 (b), item XXII) modified by RMO379 from 04.11.16, MO379-386/04.11.16 article 22] 2. Appendices. 3 and no. 4 shall be repealed.
Art. XXIII.-Law nr. 131 of 8 June 2012 State control over business (Official Gazette of the Republic of Moldova, 2012, no. 181-184, art. 595), as amended, is modified and completed as follows: 1. Article 1: to be completed with paragraph 11 with the following contents: "(11) the present law shall have the following objectives:

to ensure a more level) senior environmental, life, health and property of persons;
b) introduction and supervision on the movement of products on the market to ensure their safety;
c) system implementation risk analysis based on risk criteria. "in paragraph 3, the words" the National Commission of Financial Market "shall be replaced with the words" the Court of Auditors, the audiovisual Coordinating Council ";
in paragraph (4): letter c) shall read as follows: "(c)) in the field of applied controls financial (banking and nebancar);" paragraph is completed with the letters d and e)) with the following content: "d) process controls applied to the State border and customs controls applied, with the exception of customs control by postvămuire audit, for which the provisions of this law shall apply only to the registration of reporting, supervision and checks in the State Register of controls;
e) checks carried out by tax authorities, with the exception of the registration, supervision and reporting controls in State Register of checks. "the article is supplemented by paragraphs (5) and (6) with the following contents:" (5) for the control of transport operations, as well as for control of road vehicles, rolling stock, aircraft and ships, carried out by the inspection bodies in the field of transport safety and monitoring purposes, security do not apply the provisions of this law in the control of planning, drawing up a plan of inspections and the periodicity of checks planned initiation and notification of controls, content and procedure for issuance/registration of delegation of control.
(6) for the control carried out on the basis of law No. 50 of 28 March 2013 with regard to official controls to verify compliance with the legislation on feed and foodstuffs and the rules of the health and welfare of the animals shall not apply the provisions of art. 18 paragraph 1. (1) of this Act. "
2. Article 2 shall read as follows: "Article 2. Notions for purposes of this Act, the main concepts used have the following meanings:-the totality of actions of verifying compliance by the persons under scrutiny of legislation, made by a body empowered with control functions or a group of similar institutions;
joint control-control the controllers simultaneously from one or more control bodies;
unannounced-control which is not included in the annual plan of inspections and carried out for the purpose of checking compliance with the requirements established by legislation;
control-control planned according to the annual plan of controls, based on the analysis and assessment of risk criteria;
delegation of control-act under which it is planned to initiate control and/or without prior warning;
Checklist-procedural document, approved by regulatory action, indicating in order, property deeds, conceivable, information sources, processes and actions which are to be verified and/or executed within the limits of procedural standards for the type and method of control by the State concerned;
monitoring of persons under scrutiny-the totality of actions undertaken by the competent bodies with the function of the control, collection and analysis (periodic or continuous) the information or evidence in any other way than State control;
object of the control-unit/functional structural of the person engaged in entrepreneurial activity, which incorporates a distinct set of issues that need to be controlled in a field control (goods, services, processes, documents, shedding flow of information), which can be applied to the entire spectrum of risk criteria for planning control and from the analysis of which can be found to meet the requirements of the legal framework;
organ empowered with control functions (body control)-public administration authority established by law, acting under the State authority for the purposes of a public interest is vested with the functions of control and is empowered with the right to initiate control;
supervised person (person controlled)-any natural or legal person and engaged in entrepreneurial activity, and is punishable. A subdivision of the person may be considered to be a separate person where it is identified as the object of control in a control area and is situated in a location separate from the seat of the legal person belongs;
plan checking (plane)-a result of a risk analysis, based on risk criteria, identifying people who will be their top priority, and the order in which they will be controlled, depending on the risk related to each person individually, and the document under which the decision is made to a supervisory body to carry out an exact number of planned controls over a predetermined number of persons during a calendar year;
the inspection report drawn up following the act-unannounced or planned, the findings/results of the check (the finding), as the case may be prescribe ways of elimination of violations and/or restrictive measures (prescriptive) and, where appropriate, shall be subject to penalties and offences (sancționatorie);
State Register of checks-public register of reinforced controls, supplemented by control bodies and kept compulsorily by the Government authority to monitor the controls;
risk-the probability of damage carries and/or occurrence of danger as a result of the activity of a natural or legal person and the extent of such damage;
the supervision organs empowered with control function-the totality of the actions of the central public administration authority to monitor the controls through analysis of periodic or continuous information or evidence which characterize with probability of deviations from the provisions of the legislation, without interfering in the work of the bodies concerned with control functions. "
3. In article 3: single paragraph becomes paragraph 1;
under paragraph (1):

(b)) shall be completed in the final text "in the planning and conduct of State control, in drawing up documents related to the control and disposition of measures and sanctions. Carrying out State control cannot be influenced by any group by promoting its interests, "the letter c), after the word" basis "shall be inserted the words" analysis ";
the letter d), after the word "presumption" shall be inserted the words "and good faith";
the letter f) completed in the final text "of the control so that the control state to be correct, consistent, and consistently pursued in accordance with the law";
the letter g), after the words "use control" shall be inserted the words "on the basis of the risk assessment,";
the letter h) shall read as follows: "h) proportionality and opportunity in terms of duration and course of control-control in the shortest term possible, depending on the basis for the supervisory body as well as referencing the effort allocated to and control method applied to the level of risk," the letters j and k)), the word "controller" shall be replaced with the word "Inspector";
paragraph shall be supplemented by the letters m)-a) with the following content: "m) the confidentiality of information concerning the controlled person, obtained in the planning and carrying out the checks, in particular information which may influence the good repute of an entity in its business activity, being prohibited the dissemination of the information in question, except in cases established by law;
n) carrying out control functions conștiincioasă-inspector will carry out the duties and obligations of service impartially and equitably, with the aim of establishing relations of trust between supervisory body and the person subject to inspection;
to avoid a conflict of interest) between inspector or the leader of the supervisory body and the person inspected. "shall be added to article 3(2) to (7) with the following contents:" (2) the control bodies and authorities involved directly or indirectly in the preparation and carrying out of control are obliged to implement and comply with the following fundamental principles: a) risk analysis;
b) preventive operation;
c) transparency;
(d) consumer interests).
(3) risk analysis is carried out through the processes of communication and evaluation, risk management and includes but is not limited to, the following set of procedures: a) obtaining and communicating scientific findings about the dangers;
(b) proposals for developing) and improvement of methodologies for planning and/or carrying out supervision on the basis of the risk assessment;
c) collection and analysis of research, scientific and technical data;
d) identification and description, where appropriate, new perils;
(e) ensuring cooperation between parties) involved in the process of risk analysis;
f) obtaining scientific expertise to the implementation of the measures of exception or restrictive measures. 
(4) the risk assessment includes phases of identification and description of hazards, and to determine the mode of establishment of the hazard and risk characterization. The risk assessment is based on data and scientific information proved accurate. The risk assessment shall be carried out in an independent, objective and transparent.
(5) risk Communication is performed continuously and provides timely information sharing in the process of data analysis objectives, conclusions about the dangers, risks and the results of the risk assessment and the decisions taken in the process of risk management among risk assessor, persons responsible for the management of risks, consumers and traders.
(6) risk management is the process of selecting appropriate measures for prevention and control of risks by identifying the best alternatives on the basis of the risk assessment. Measures for the prevention, reduction or elimination of risk must be effective, objective and proportionate to the risk involved.
(7) in accordance with the principle of preventative, in circumstances in which, on the basis of the information held, but that is not scientific substantiated at the moment, can be identified as a danger, the supervisory body is obliged to implement temporary measures of risk management. These measures must be proportionate to the danger and be reviewed in the shortest possible time, depending on the nature of the risk.
(8) in accordance with the principles of transparency, risk assessment processes, policymaking and implementation of risk management measures are public. If there are reasonable grounds on the existence of a risk, taking into account the nature, size and its impending, the supervisory body shall be obliged to communicate to the public the information about risk and about products bearing the risks in question and of the measures taken to reduce and eliminate the risk identified.
(9) in accordance with the principle of the protection of consumer interests, it is compulsory to supply truthful information, and complete with respect to the products and services, enabling consumers to take the right decisions. Supervisory body, within the limits of competence, is obliged to eliminate and/or prevent false or incomplete provision of information concerning the nature and characteristics of the product, which could mislead consumers. "
4. The Act is supplemented by article 31 reads: "Article 31. The plan for the management of crisis situations (1) supervisory body within the limits of competence, are obliged to draw up and propose to the Government for approval a plan for crisis management in order to ensure product safety and inofensivității. The plan will set the express: whose risk level) the prevention, elimination or decrease until an acceptable limit is difficult;
b) complex measures and actions necessary for crisis management, including the identification of group composition and management of crisis situations;
c) how consumer information, compliance with the principles of transparency and proportionality.

(2) the group management of crisis situations, created in accordance with the plan for the management of crisis situations, will perform the collection and evaluation of information available, the identification of possible variants of actions and measures for the elimination and/or decreasing the effective and appropriate to the risks to the environment, health, life and property of the people. The management of crisis situations are included, where appropriate, the experts needed for granting scientific offers consultations group having the right to request assistance from any person whose knowledge and experience are necessary to ensure efficient management of the crisis. "
5. In article 4: (a) after the words "supervisory body" shall be inserted the words "for the purpose of checking compliance with the legislation and to check some facts relevant to the field of control of the organ in question," and the word "regularly" is excluded;
Article shall be supplemented by paragraphs (11) and (12) with the following contents: "(11) shall not be deemed to be State control within the meaning of this law shall request information from the supervisory body without making a visit in situ, where this information is essential for planning checks based on risk criteria, in accordance with the methodology related to the scope of the inspection, and is owned by the person subject to supervision.
(12) during the inspection, the inspection body may only request information that is mandatory to be held according to law and granted by the person inspected. "in paragraph (2) shall read as follows:" (2) the inspection Body shall be entitled to carry out control over the person under scrutiny only where the law establishes the procedure, duration and the right body to carry out the control in the case and circumstances. Supervisory body has the right to control only in respect of aspects within its competence, established by law. "the article is completed (21) and (22) with the following contents:" (21) have the right to take up and pursue only control public authorities/institutions set out in the annex to this law, the appropriate limits.
(22) the authorities entrusted by law with the responsibility of State control over the business of an entrepreneur within the meaning of this law shall not be carried out on his own initiative activities, maintenance and restoration of law and order and public security or the prevention, investigation and detection of offences. Law enforcement agencies entrusted by law with the responsibility of maintaining and securing public order, as well as investigating and preventing crime, cannot initiate and carry out control for the purposes of the present law. "in paragraph (3) shall read as follows:" (3) If a supervisory organ finds it necessary to perform at one person controls in several areas pertaining to the competence of the body concerned , it has an obligation to reduce the maximum number of visits by combining and merging areas of control. Supervisory body shall carry out one control for several areas relevant to the inspected person if this is justified on the basis of the analysis and risk assessment. "in paragraph 6, the words" shall allow joint inspections, "shall be replaced with the text" common controls is mandatory, except in cases when they have not been timely and/or substantially affects the efficiency of control ";
paragraph 7 shall read as follows: "(7) based on published plans of controls, control bodies are obliged to coordinate their actions with regard to the proposed control and exchange of information in case of same object and/or if the same person under scrutiny." shall be added to article (71): "with the following contents (71) supervisory body is not entitled to initiate control if the information needed to check compliance with the legislation is held by the supervisory body or may be obtained from other organs of control and/or supervision, from official registers or any accessible sources of organ in question, and if it were not exhausted other ways than State control, accessible to the supervisory body, in respect of compliance with the legislation by the persons who are to be checked. "in paragraph 8, the words" the decision of the Supervisory Board, "and" control Act are excluded, "and after the words" reports "shall be inserted the words" control ";
at paragraph 9, the words "monitoring" shall be replaced with the words "surveillance", the words "and on paper" should be excluded, and finally in paragraph is completed with the text: "the decision bodies shall exchange information or the decision of the Government to monitor the controls, exchange of information shall be carried out and on the paper." the article is completed (10) to (12) with the following contents : ' (10) Controls carried out during the first planned 3 years from the date of registration of the person engaged in entrepreneurial activity have advisory and will not result in sanctions or restrictive measures, except when under control is very serious infringements detected within the meaning of this law.
(11) no supervisory body has the right to submit a control period of activity of the person engaged in entrepreneurial activity for more than three years before the date of commencement of supervision. Previous acts or actions of the period under scrutiny shall be verified only in respect of their consequences if they occurred within the period under scrutiny.
(12) within the free economic zones is planned and carried out joint controls just under a separate plan of checks and consolidated, corresponding to a free economic zones, approved in accordance with the law. "
6. Article 5: in paragraph 1, the word "Controller" shall be replaced with the word "Superintendent";
in paragraph 2, the words "no controller" shall be replaced with the words "No inspector".
7. The Act is supplemented by article 51 as follows: "Article 51. The limits of control and of the measures

"(1) the control shall be initiated only after analysis and risk assessment. The effort and time spent, as well as control and method of control to be applied must be commensurate with their level of risk. 
(2) the control is carried out only on the basis and within the limits of the applicable check-list for the domain, type and subject to such an inspection. The checklist can be applied only where it is approved in accordance with the requirements set by the Government, and this law through the Act of central public authority with competence in the field of control, at the proposal of the supervisory body and as a result of public consultations. The checklist is approved and published in the Official Gazette of the Republic of Moldova and on the page of the supervisory body.
(3) the actions of control and measures implemented under control are reported in the following levels: (a) legislation violations minor violations)-legislation whose removal can take place without the current activity of the person to be affected and which does not create imminent danger for the environment, life, health and property of persons;
b serious breaches)-legislation whose removal is not possible during the check is necessary and possible to allocate time for removal, and actions that create imminent danger, but not immediately, for the environment, life, health and property of the person and/or its employees times creates imminent danger, but not immediately, for the company and, if it is not removed within the period indicated will become immediately;
c) very serious breaches of the legislation-whose removal is not possible during the check, but the actions in this regard must be taken immediately, and that creates danger imminent and immediate environment, life, health and property of the person and/or its employees times creates imminent danger and to society. Are equated with very serious violations, serious violations have not been removed within the period indicated in the limitation period.
(4) in the case of minor violations may be issued only to prescriptions according to which is recommended and reported details of the violations, but cannot be applied to the penalties prescribed by law or other regulations and contravențională cannot be applied to restrictive measures.
(5) in the case of serious violations, along with recommendations for their elimination and the granting of the period within which it will remove violations, penalties may be applied, however, cannot be applied to restrictive measures.
(6) in the case of very serious breaches indicate relief arrangements, apply sanctions and/or restrictive measures in accordance with the law. "
8. Articles 6 and 7 shall be repealed.
9. Article 8 shall read as follows: ' article 8. Record checks (1) Organs of control are obliged to register in the State Register of the following particulars: (a) controls) name (name) of the person and the object to be tested and the current risk score awarded;
(b) the number and date of approval) plan;
c) number, date and time of issue of the delegation;
d) duration;
type e);
f) purpose and aspects to be checked;
g) date of information control.
(2) the control bodies are obliged to include the data referred to in paragraph 1. (1) the State Register of the controls as follows: a) for planned checks specified in (a): information. a) and b)-not later than 5 working days after the date of approval of the plan of checks and information; c)-f)-at least five working days before the date of commencement; 
b) to carry out unannounced: all the information specified in (a). a), c)-f)-the latest at the time of commencement.
(3) At the conclusion of the inspection, the inspection bodies are obliged to include in the register of State checks the information from paragraph 3. (1) (a). g), motivation of the unannounced and the minutes. In the case of drawing up on the paper of record and control of the motivation of the unannounced, electronic copies thereof shall be included in the State Register of checks no later than five working days from their date of issue. "
10. In article 9: paragraph 1 shall read as follows: "(1) the State Register of the checks represent a specialized information resource that provides a centralized record of the systematic information about the State controls, planned and performed, and the results of those checks, and is given by the Central Government authority for supervision of the tests in the manner established by the Government." in paragraph (2) shall be supplemented by the text : "Electronically Access of economic operators shall be carried out using methods and/or techniques for authentication in the manner established by the Government." the article is completed with paragraphs (3) to (7) with the following contents: "(3) the information specified in article 10. 8 can be accessed by the authority referred to in article 1. 10 and by other authorities of the public administration to the extent required for the exercise of functions and powers established by law, and the person inspected, the data subjects concerned. Information regarding the initiation of the unannounced is the person under scrutiny from the time of the initiation of the supervision.
(4) the State Register of electronic controls is the only platform for the generation, storage, modification and processing in electronic form of documents control in the areas covered by this law.
(5) electronic documents created on the basis of the State Register of the controls take precedence over paper documents issued by the same body or control in relation to electronic documents created on the basis of another program, in case of differences or uncertainties regarding the contents and authenticity. All electronic documents stored in the State Register of checks, whether they are created on the basis of the register or not, are deemed to be authentic and valid until proven otherwise.
(6) documents related to the parameters Form/control-plane mission, Protocol control-created on the basis of the State Register of checks are required. Documents which have a different form or other parameters than those established in the State Register of checks are void.

(7) the control bodies are obliged to use the State Register of controls for creating documents relating to checks carried out and, if necessary, can print copies and duplicates of these documents on paper. "
11. The title of chapter II, the word "monitoring" shall be replaced with the word "Supervision".
12. In the title and in the text of article 10, the words "monitoring" shall be replaced in all cases, with the words "surveillance".
13. In article 11: in the title and in the introductory part, the words "monitoring" shall be replaced with the words "surveillance";
letters a and b)) shall read as follows: "the observance of this law) oversees, including Central and local public authorities in the process of regulating the activity of State control over the business of an entrepreneur;
(b) data entry) concerning controls, planning and making them into State Register of controls; "
14. In article 12: in the title and in the introductory part, the words "monitoring" shall be replaced with the words "surveillance";
(a)) shall read as follows: ' a) require and receive from the competent bodies with functions of control, the authorities of Central and local public administration bodies and other public institutions the information required to verify the accuracy of data entered in the State Register of controls; ") (d) shall be repealed;
the letter f) shall read as follows: "(f)) to draw up and propose to the Government amendments to existing legislation to bring it into line with the provisions of this law."
15. Article 13: in the title and in the introductory part, the words "monitoring" shall be replaced with the words "surveillance";
the letter b), the words "to collect the necessary information and keeping supplement" shall be replaced with the words "to ensure and coordinate the process of completing the ongoing";
the letter c), the words "to monitor the correctness of keeping the registry checks" shall be replaced with the words "to monitor the fairness of the State Register of data controls on controls, planning and execution";
the letter d), the words "registers and checks from checks registration penal ledgers" shall be replaced with the words "State Register of checks, from petitions and any available sources of information";
the letter h) is hereby repealed.
16. In article 14, paragraphs 1 and 2 shall read as follows: "(1) one single supervisory body is not entitled to carry out the planned control more than once in a calendar year over one and the same person, or to one and the same object of control where the person holds more than one distinct objects, placed separately from Headquarters and other objects , except that it requires a higher frequency of inspection under the supervision of the planning methodology based on risk criteria applied within the scope of such an inspection.
(2) the time limit referred to in paragraph 1. (1) does not apply to the taking unexpected checks in accordance with section 2 of this chapter. The fact of carrying out unannounced is taken into consideration in the preparation of the next control plan. "
17. Articles 15 and 16 shall read as follows: ' article 15. The plan controls (1) supervisory body shall draw up an annual plan of checks for the following year.
(2) the plan shall be registered by the controls every organ empowered with control functions in the State Register of checks before 1 December of the year preceding the calendar year covered by the plan.
(3) before the end of the year, the control body shall approve the checks for the following year's plan and shall publish on its website and in the State Register of checks. The plan shall be approved by decision of the supervisory body and set an exact number of planned controls over a predetermined number of persons during a calendar year.
(4) the control bodies do not have the right to alter the order of checks planned after recording and publishing plan checks and/or inspections planned in the event that they were not included in the plan. Within 5 business days after approval of the plan, but checks up to its publication, the supervisory body shall be obliged to have it balanced control plans of the other control bodies in order to identify operators who are included in the different plans and coordinate the common controls, as well as to introduce the necessary adjustments in the order of execution of the plan.
(5) the plan shall identify individuals who controls will be controlled, and the order in which they will be controlled, depending on the risk presented by the seasonal peculiarities in a field control, depending on the availability of resources, the work schedule of the organ during the year and other relevant circumstances. The number of people included in the plan is compulsory to report the amount of possible checks and their total length throughout the year, as well as human and technological resources available of the supervisory body.
(6) the persons to be checked are presented in the chart controls in descending order of risk score, the highest degree of risk to the lowest score being awarded, based on criteria approved by the risk methodology. The plan shall indicate, for information purposes, for each person, which is expected in the second quarter.
(7) enforcement plan checks must be clear, predictable and correct. Supervisory body shall comply with the order of execution determined by the plan.
(8) in the case of a joint control of initiating a person included in the controls, if not yet realized from this person planned control, the control will cancel the planned control for the current year, the related field of joint control, after joint control and will adjust the order of execution of the plan properly.
(9) The control planned if this year has already been conducted an unannounced to the same person, the supervisory body will adjust/duration and scope, the persistence of aspects needed to be checked in accordance with the control already carried out unannounced.
Article 16. The criteria for drawing up the plan of controls

(1) the plan shall be drawn up by the controls actuating control based on risk criteria established in accordance with the specificities of the object control, persons subjected to control and of previous relationships with the supervisory body (the date of the last inspection, previous violations).
(2) upon the proposal of control bodies and their related fields, the Government will approve the criteria for all areas of risk control, the method of assessing the degrees of risk, and the use of the weighting of the criteria for determining the level of risk for persons in the planning State control. "
18. Article 17: (a) the words "monitoring" shall be replaced with the words "surveillance";
in paragraph 2, the word "Supervisor" shall be replaced with the word "Inspectors";
in paragraph 3, the words "control Act" shall be replaced with the words "inspection report".
19. Article 18: the title shall read as follows: "article 18. Notification of delegation of control ";
in paragraph 1, the word "decision" shall be replaced with the word "delegation" and in the final paragraph is completed with the text ", but not more than 15 working days. Delegation of control shall be communicated to the person subject to control by any means that allows control of the confirmation of receipt by the person concerned. Communication to the e-mail address indicated on the person checked and receipt of the inspection delegation electronically signed with a qualified advanced electronic signature shall be considered communication at its seat. "in paragraph (2), the word" decision "shall be replaced with the word" delegation "and the words" no later than "is excluded.
20. Article 7 (1): in the introductory part, the words ' outside ' of the graph are excluded, and the word "controller" shall be replaced with the word "Inspector";
section 1) shall be repealed;
paragraph 2) shall read as follows: "2) possession of information/evidence, supported by clues in the possession of the inspection bodies, about the existence of a situation of emergency, incident or serious breach of security rules which constitute a safety times of imminent danger and immediately for the environment, life, health and property of persons, if the following conditions are fulfilled: a the initial control) is motivated in advance;
b) can be reasonably determined from the information held before the commencement of the inspection and of the motivation, that only an intervention by control will prevent and/or stop violations which causes damage or imminent that might be substantially diminished the damage already caused "; section 3): the letter a), the words" twice in a row, being violated two consecutive expressly provided for by law, or of the Act "shall be excluded;
the letter b), the words ' after violating twice consecutively to the time limit established by law or normative act "is excluded;
in section 5), the words ' If, before the receipt of the request, no decision has been issued to applicants subject to unannounced or if such control is not included in the chart for the quarter "is excluded;
(3) to be completed in the final text ", including those held by other bodies for supervision/control, holders of public registers, public authorities and institutions";
article is completed (31) with the following contents: "(31) Note the motivation for initiating the unannounced pursuant to paragraph 1. (1) point 2) contains the necessary analysis and argumentation regarding the meeting the conditions laid down in point concerned. In the context of the note will argue the need for intervention by exposing in some detail the circumstances and the information underlying the conclusions and actions of the supervisory body, the possible violations resulting from the information and evidence held up to the initiation of the examination and reasonable estimation of the hazard and consequences in case of neintervenției supervisory body. "in paragraph (5) shall be repealed;
article is supplemented with paragraph (6) with the following contents: "(6) In the context of the unannounced can be controlled only the aspects that have served as a basis for initiating control pursuant to paragraph 4. (1).”
21. The Act is supplemented by article 191 with the following content: "in article 191. Control under the procedure for the issue of the enabling Act and/or the license (1) in proceedings for the issue of the enabling Act and/or the licence shall be initiated at the request, in accordance with article 10. 19 para. (1), item 5).
(2) the Inspector on-site Visit required of the economic operator for the purpose of taking samples required for issue of a certificate/act certifying the quality, compliance or safety of products is not described as control per se, except when this visit involves a more complex or assessment is a process for monitoring and control with a longer duration.
(3) control under the procedure of issuance of a permissive Act and/or licence shall be made only where this is expressly provided for by legislative acts as a procedural condition for the issue of an enabling act and/or the licence. Within the control in question may be subject to review only the aspects needed to establish meeting the conditions expressly and exhaustively specified by law for the issue of an enabling act and/or the licence.
(4) in proceedings for the issue of the enabling Act and/or the licence shall be initiated following the request for those provisions not later than 5 days after its receipt by the issuer of the licence and enabling Act/do not require preparation of the inspection delegation to that effect (5) All expenses related to the control under the procedure for the issue of enabling Act and/or the licence will be included in the payment for the Act in question supported by the operator and the applicant for enabling Act/licence by paying the payment therefor.
(6) in proceedings for the issue of enabling Act/exclusive licence has the Advisory aspect and discovered, so that in the context of or as a result of this check may not be applied to restrictive measures times sanctions, except when under the control detected the crime indices.

(7) where the person being controlled by a control control planned under the procedure of issuance of the instrument enabling the licence/supervisory body within the period of notification of delegation of control until control planned supervisory body will combine these two actions. Control under the procedure for the issue of the enabling Act and/or the licence shall be made on aspects related to the issue of that act with the application of the restrictions contained in this article. In order to check other aspects than those required for the issue of enabling Act and/or the licence shall apply the rules for control provided for in this law planned. "
22. Article 20: the title shall read as follows: "Article 20. Delegation of control ";
in paragraph 1, the words ' the decision ' shall be replaced with the driver's words "signed by the head of delegation";
(2) shall read as follows: "(2) the inspection Delegation will include: a) the number and date of issue;
b) data identifying the issuing body control;
c) reference to legal provisions which expressly grants power, control organ in the case for which the delegation;
d) control and type his invocation basis (unannounced is indicated including the provision applicable in article 19, and for the planned number checks plane control, approval date and place of publication);
e) data about inspectors (name, first name, position held);
f) data about the person inspected (name/person's name; fiscal code; the seat/address or subdivision of controlled and its code, if applicable, other contact details);
g) object (s) to be controlled;
h) purpose, method of testing and the aspects to be verified, the express reference to the checklist and applicable regulatory act whereby it is approved;
I checked and start date) for the duration of the expected. "the article is completed with paragraphs (3) and (4) with the following contents:" (3) in the case of planned checks, the control delegation shall be drawn up in accordance with the plan approved, checks and recorded. In the case of unannounced checks shall control delegation, in accordance with article 9(1). 19, and the recording of motivation. The unannounced delegation is attached note to motivate the delegation was issued, so that the person being inspected may take cognisance of the note in question.
(4) the inspectors are specified in the delegation, selected at random, taking into account their specialization pursuant to domain control. "
23. Article 9 (1): in the first sentence, the word "Controller" shall be replaced with the word "Superintendent";
the letter a), the words "and control" are mutually exclusive;
letter e) is repealed;
paragraph is completed with the letter f) with the following content: "f) registration of the control delegation in the State Register of controls. ' in paragraph (2), the words" controller (controllers) that you specified in the delegation of control "shall be replaced with the words" specify the delegation of inspectors and inspection only during the program of activity of the person controlled or subdivision thereof ";
in paragraph 3, the words "and" controller "controllers" shall be replaced respectively with the words "Inspector" and "inspectors";
in paragraph (4) (a)) and (b)), the word "controller" shall be replaced with the word "inspector";
in paragraph 5, the words "monitoring" shall be replaced with the words "surveillance";
Article shall be supplemented by paragraphs (6) and (7) with the following contents: "(6) by way of derogation from paragraph 1. (1) in the cases expressly laid down by law and when necessary for the chosen method of control, inspectors can disclose the identity and to handing the copy control delegation after the inspection, but before the filling in and signing the minutes. About the possibility of handing control of the delegation is made explicit in the text of a statement of the delegation until its approval by the head of the inspection body.
(7) the control can be carried out by at least two inspectors, delegates from the same supervisory body or several control organs, in the case of the common controls. If the presence of a single inspector, the control cannot be started, and the controlled person has the right to deny access to the object to initiate joint control. "
24. In article 22: (1) figures "10" shall be replaced with the numeral "5" and the text "and e-text)" and "f");
under paragraph (2), ' 10 "shall be replaced, in both cases, the figure" 5 ";
in paragraph 3, the words "control Act" shall be replaced with the words "control" and the word "controller" with the word "Inspector".
25. Article 23: the title shall read as follows: "Article 23. Rights Inspector ";
paragraph 1: in the introductory part, the word "controller" shall be replaced with the word "Superintendent";
the letter a), after the words "in his work" shall be inserted the words "to the extent that this is part of the object of control", and the word "controller" shall be replaced with the word "Superintendent";
the letters c and d)) shall read as follows: "(c)) to make a copy, photo or video footage of the documents or other information-bearing objects;
d) to inspect and measure goods, take samples from them, including information about sampling in the minutes. To this end, the Inspector has the right to open packages, packaging, to break seals. At the request of the injured person, the inspector shall, where appropriate, will be taken and the second sample, except when the Act provides otherwise; "the letter e) shall be supplemented with the words" final or if means of transport are the object of control in line with the control field ";
(2) shall be repealed;
in paragraph 3, the word "Controller" shall be replaced with the word "Superintendent" and the words "subject to the stipulated control"-with the words "the checklist mentioned".
26. Article 24: the title shall read as follows: "article 24. Obligations of the Inspector ";
paragraph 1: in the introductory part, the word "controller" shall be replaced with the word "Superintendent";
the letter f) is repealed;

the letters i and j)), the words "control Act" shall be replaced with the words "control protocol";
(2): in the introductory part, the word "controller" shall be replaced with the word "Superintendent";
(b)) to be completed in the end with the words "or are not indicated in the report and the delegation of control";
subparagraph (c)) shall read as follows: "(c)) to carry out, in the case of unannounced checks in the absence of representatives of the person checked if there are grounds to consider that their absence is unjustified," paragraph is completed with the letters e)-g) with the following content: "e) to pick up supplies, tools, documents, data storage devices, computers or other information-bearing objects;
f) require from the person subject to the control of information that had been presented previously by this supervisory body and which have no connection with the subject matter and the matters under scrutiny;
g) to apply restrictive measures and/or sanctions for infringements detected shall under control with violation of limits set by this law. "
27. Article 25: the letter a), the words "mandate" should be excluded, and the word "controller" shall be replaced with the word "Inspector";
the letter c), the words "controller (controllers)" shall be replaced with the word "inspectors";
the letter "e"), the words "control Act" shall be replaced with the words "control protocol";
the letter g), the words "Act of control and reports of findings," shall be replaced with the words "control and other documents";
Article shall be supplemented by the letters i and j)) with the following content: "i) to obtain free access to all the information and authorized and the documents that pertain to the checks carried out or to be carried out on him, including State Register of controls;
j) supervisory body to indicate its address at which the body concerned is obliged to transmit notifications and information/documents control. "
28. Article 26 (1): the letter a), the words "controller (controllers)" shall be replaced with the word "inspectors";
(b)) shall be repealed;
the letter c), the word "supervisor" shall be replaced with the word "inspectors";
the letter d) shall read as follows: "(d)) to ensure the initiation and control during the latter, the presence of its head or designee." in paragraph (2), the word "controller" shall be replaced with the word "Superintendent";
in paragraph 3, the word "controller" shall be replaced with the word "Inspector";
in paragraph 4, the words "clean report of findings" shall be replaced with the words "control" and the words "controller (controllers)", in both cases-with the word "inspectors".
29. In article 27 (1), the words "continue work would cause severe damages imminent life and human health" shall be replaced with the words "very serious violations within the meaning of this law, which requires the application of appropriate restrictive measures."
30. In article 28: (1) and (2) shall read as follows: "(1) the verification procedure shall be terminated by the production of an inspectors ' report of the Supervisory Board, which shall be completed and signed by all surveyors listed in the delegation of control, to carry out.
(2) the inspection report is a document confirming carrying out control and contains all the information about the control, the procedures applied and the findings as a result thereof, the requirements and recommendations based on the findings, the restrictive measures applied and penalties established in check. The control is made up of part of certification, prescriptive and side sancționatorie and side necessarily contains: full name of) supervisory body, the full name and function of the persons who carried out the inspection;
b) data regarding delegation of control and inspection basis;
c) full name/name of the person subject to inspection and identification of the object;
d) type;
e) checklist applied;
f) data on all aspects of the documents, goods, accommodation, equipment, products and other objects which have been checked, relevant for the purpose of inspection;
g) findings and results;
the express reference to h) provisions of legislative and normative acts that he violated supervised person;
I) copies of documents confirming the violations examined, other documents prepared within the framework of control;
j) data on the duration of control;
k) of the person in writing of the explanations under scrutiny and/or its employees;
l) and recommendations for the Elimination of violations specified in part prescriptive, as appropriate;
m) for the application of the limitation period of the restrictive measures, as appropriate;
n) finding a photographic plastic counterpart and other breaches of law, with an indication of the penalty provided by law, if necessary. "in paragraph 3, the words" control Act "shall be replaced with the words" control protocol ", the word" controllers "-with the word" inspectors "and in the final paragraph is completed with the text:" where the control shall be made in electronic form, the Act is signed with an electronic signature by all inspectors and the inspected person. "in paragraph (4) shall read as follows : "(4) a copy of the inspection report shall be subject to control, organizations with the person making an entry about this second copy, certified by the signature of the person who receives the report. If the person refuses to sign supervision and/or to receive the report of inspection, the inspectors shall be made under the name of the entry in question. The electronic control which was not signed by the person inspected shall be sent to the Commission by any means that allows control of the confirmation of receipt of the minutes by the person controlled. Of the communication and receipt of the minutes signed with advanced electronic signature in the electronic address specified by the person shall be deemed to have inspected the communication at its seat. "

in paragraph 5, the words "control Act" shall be replaced with the words "inspection report" and the words "and the decision" shall be excluded;
paragraph (6) shall read as follows: "(6) the person inspected shall be entitled, within 10 working days after the signing of the minutes of the Supervisory Board, to present its disagreement with the Act in question, thus causing additional evidence confirming his position. The Inspector will examine the submissions and, where appropriate, draw up a report for additional control, without operator corrections in the Basic Act. In the minutes of additional control indicate the basic certification, and in part it reflects the changed positions, with due observance of the procedure for drawing up of the minutes of the Supervisory Board, including the annexation of the documents. The right to this disagreement does not affect nor restricts the possibility comes up the minutes in the manner established by law. "in paragraph 7, the words" control Act "shall be replaced with the words" control "and the words" upon the expiry of thirty (30) working days "and" act "are mutually exclusive;
in paragraph 8, the words "control Act" shall be replaced with the words "control protocol";
at paragraph 9, the words "the entry into force of the Act" shall be replaced with the words "drawing up inspection report";
article is completed (10) with the following contents: "(1) where in the record the check finds a contravention, it replaces the minutes of the contravenției, legal and similar legal force. Finding a photographic plastic counterpart identified during inspection and the application of sanctions in accordance with proficiency, shall be conducted within the limits laid down by this law and pursuant to the requirements laid down by the law. "
31. Article 29: the title, the words "control Act" shall be replaced with the words "inspection report";
paragraph 1 shall read as follows: "(1) where under the control of the supervisory body is found to be violating the laws of what does not constitute an offence, the organ shall include in the record a prescription control concerning the Elimination of these violations, in accordance with the limits laid down in article 21. 51. "in paragraph (2) shall be supplemented by the letter e) with the following content:" e) restrictive measures, where appropriate. "in paragraph (3) shall be repealed;
paragraph 4 shall read as follows: "(4) the person inspected is obliged to remove the limitation period laid down in the indicated violations. Supervisory body shall determine the term for the performance of the starting with account of the complexity of the operations to be carried out, the degree of danger of the violations which need to be removed, the possibilities of the person to perform controlled actions prescribed, as well as previous prescriptions issued in similar cases. The term shall be calculated from the date of signature or hand against receiving inspection report by the person subject to control by any means that allows control of the confirmation receipt. "in paragraph 5, the words" on expiry of the established "shall be replaced with the words" within the period prescribed in accordance with ";
(6) shall be repealed;
in paragraph 7, the words ' established in paragraph 2. (6) after repeated prescription "shall be replaced by the wording" established under paragraph 1. (4) "and the text" apply in respect of the person concerned the penalties provided for by law ", the text", depending on the degree of danger, in accordance with the limits found in art. 51, may issue another prescription, with or without restrictions, and/or may apply sanctions provided by law ";
in paragraph 8, the word "controller" shall be replaced with the word "Superintendent";
paragraph 9 shall read as follows: "(9) supervisory body which issued the prescription as a result of the last planned control can perform additional verification if the person who received the prescription has not submitted within the prescribed period the necessary receipts to the execution or prescription receipts submitted are insufficient to establish reasonable removal of violations. Prescription verification is connected with acts of control under which the prescription was issued and shall not require the issuance of an additional control delegates. Prescription verification is carried out by inspectors who have previously signed the minutes of the Supervisory Board, and only in respect to those matters listed in limitation period. "the article is completed (10) with the following contents:" (11) where it is found by the Elimination of infringements, the Inspector makes the corresponding indication in the minutes. If, as a result of the verification is necessary additional measures prescribing or finding contravenției, the inspector shall draw up a report, linked with the initial inspection, fill it with an indication of the fact, with facts about the minutes of the initial inspection, the findings of the scrutiny and the measures applied. The minutes shall be signed by the additional inspectors and controlled person, shall be annexed to the minutes of the initial inspection and shall be entered in the State Register of checks. "
32. the law is supplemented by article 291 with the following content: "in article 291. Restrictive measures (1) the restrictive measures provided for in this Act shall mean shares and/or inacțiuni arranged by the supervisory body for the purpose of eliminating or mitigating the imminent danger and immediately for the environment, life, health and property of the people, found within the control. According to the provisions of special laws, such measures shall be subject to the person under scrutiny in the form of restrictions on the activities of the restriction of the use of, or the provision for consumer goods or in the form of operations taxation and can be identified as corrective action, the procedural coercive measures, measures of constraint.
(2) shall be subject to restrictive measures and to be made in accordance with the cases in which measures can be applied and the types of measures assigned to the supervisory body, in accordance with the laws. Any restrictive measure cannot be imposed than within the limits laid down in article 21. 51 of this law.

(3) where the restrictive measure shall prescribe the suspension or revocation of a permissive license, and/or supervisory body that barred restrictive measure concerned is obliged to address within 3 working days in the competent court to validate the prescription of suspension or revocation of the Act and/or permissive licence, in accordance with the procedure established by law. 235-XVI from 20 July 2006 concerning the basic principles of regulation of entrepreneurial activity.
(4) the portion of the minutes prescriptive control that will contain the restrictive measures including information on the causes of the prescription of the restrictive measures and the danger found to be avoided through the prescribed legal grounds for the measure for measure, the deadline for application of the measure on procedural rights of the person tested, identifying in detail the actions/inacțiunilor to be made and the identification of the goods in respect of which extend restrictive measures.
(5) the person inspected has the right to include in the record control for explanations and/or objections concerning restrictive measures prescribed, which will be examined by the head of the supervisory body.
(6) the term shown for restrictive measure begins to run upon receipt by the person controlled of the minutes in which it contains an appropriate prescription being communicated to the person subject to control by any means that allows control of the confirmation of receipt.
(7) the restrictive measures may be imposed only for a limited period, subject to the need to eliminate the imminent danger, indicating expressly in limitation of the control. Regardless of the term indicated, any restrictive measure shall cease with the removal of execution prescription of infringements and presentation within the thoroughness of receipts by the person subject to the control or to the date of the suspension and/or cancellation of the starting date of the issuer, the hierarchically superior body or the Court.
(8) where a risk is identified for certain consumer products that cannot be removed with the resources available, the inspection body shall apply, in the manner regulated by this law, the restrictive measures set out in the law. 7 of 26 February 2016 concerning market surveillance with regard to non-food products and the law. 50 of 28 March 2013 with regard to official controls to verify compliance with the legislation on feed and foodstuffs and the rules of animal welfare and health. The measures shall apply, as appropriate, in order to ensure the free movement of temporary fall or placing on the market of the product, informing of the consumers about the risks, and for the submission of special requirements in relation to the manufacturer, importer or producer country in respect of the product containing the risks. "
33. In article 30, paragraph (1) shall read as follows: "(1) the person inspected has the right to lodge appeal request prior to the supervisory body hierarchically superior organ or at times to challenge in court the inspection delegation, the decision to extend the duration of the inspection and control report, in whole or in part. Challenging the act directly in the Court of appeal exclude the right to prior or supervisory body hierarchically superior organ. "in paragraph (2) shall be completed in the final text", if the control does not contain any finding of contravenției ";
(3) shall read as follows: "(3) to challenge the starting date and the restrictive measures or the sancționatorii from the minutes of their suspended control effect within the time limit and within the limits in which it ordered the suspension by a court or body to which an opposition was lodged." in paragraph 4, the words "controller (controllers)" shall be replaced with the word "inspectors";
Article shall be supplemented by paragraphs (5) to (7) with the following contents: "(5) the examination of petitions and contestărilor, according to preliminary administrative contentious proceedings, lodged by the person controlled supervisory body shall be carried out only within the framework of dispute settlement councils, whose functionality is provided by the head of the inspection body. Dispute settlement boards operate within the supervisory body, and of them, necessarily, at least one representative from the business associations (with relevance for the field control or contested aspects), heads of major subdivisions within the supervisory body and the central public authority's representative related domain.
(6) for the purposes of the examination of the systemic malfunctioning practices regarding the control of the State is created by the National Council for the settlement of Disputes in the field of State Control (hereinafter National Council). The National Council does not resolve individual petitions, which are considered only as examples in respect of the deficiencies in the law or faulty application of the law. National Council regulation is approved by the Government.
(7) the functionality of the National Council is provided by the oversight authority controls. Council members are leaders of the National control bodies, representatives of associations of entrepreneurs (or business), elected on the principles of parity, and the leader of the supervisory authority of the checks, who presides over the meetings of the Council. Meetings of the National Council shall be carried out taking into account the petitions/appeals arising or proposed by members and themes culminating in the adoption of decisions binding on members concerned. "
34. The Act is supplemented by articles 311 and 312 with the following content: "Article 311. Internal supervision of legality control (1) the driver or supervisory body hierarchically superior organ shall order periodically, but not less than once in six months, the advisability of lawful, and motivation of unannounced checks carried out by the inspectors, within the supervisory body concerned.

(2) if shares of unannounced unjustified and initiated and/or undertaken in contravention of this Act, including in the cases referred to in article 1. 31, head of the supervisory body hierarchically superior organ or will have against persons responsible within the supervisory body concerned depending on the seriousness of the violations, will also undertake the necessary actions for the recovery of the injury caused to persons subjected to control or supervisory body as a result of actions held to be unfounded inspection and/or carried out in breach of the legislation.
(3) for the purpose of more efficient internal supervision, the supervisory body may request the assistance of the supervisory authority controls.
(4) supervisory body is obliged to inform the supervisory authority of the hierarchically superior body checks and of the results of internal supervision, including about infringements were detected in the monitoring and penalties imposed for that purpose, not later than one month following the conclusion of the verification carried out in accordance with paragraph 1. 1. Article 312. Reporting the activity control (1) the control bodies shall establish annual targets and corresponding performance indicators in order to achieve maximum efficiency and minimize the constant pressure on business environment.
(2) the control bodies are obliged to draw up and publish on the page and in the State Register of checks yearly reports about control work carried out during the year and the result of this activity, the execution of plans and control the level to achieve the objectives and performance indicators volume. " 
35. The Act is supplemented by article 321 with the following content: "Article 321. Liability for violation of this law (1) the supervisory body and/or the public official shall bear, as appropriate, civil liability or criminal contravențională for violation of this law.
(2) the initiation, conduct and conclusion of control in violation of the limits and requirements of the present law is also considered disciplinary and is sanctioned in accordance with disciplinary law. 158-XVI dated 4 July 2008 concerning the public function and status of public official. "
36. Annex II shall read as follows: Appendix 2. List of public authorities, applying this law to the extent not contrary to the provisions of the laws relating to the control and surveillance activity thereof 1) National Agency for energy regulation;
2) National Agency for regulation in Electronic Communications and information technology;
3) CCA;
4) Competition Board;
5) Court of Auditors. '
Art. XXIV.-Law nr. 132 of 8 June 2012 on conducting a safe nuclear and radiological activities (Official Gazette of the Republic of Moldova, 2012.  229-233, art. 739) is modified and completed as follows: 1. Article 29 shall be supplemented by: (21) with the following contents: "(21) State control of persons engaged in entrepreneurial activity is planned, is carried out and recorded in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "in paragraph (6), subparagraph (c)) shall be completed in the end with the words", subject to the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State, whether a natural or legal person engaged in entrepreneurial activity controlled ";
paragraph (7) shall be completed in the end with the text: "Disposition of suspension of the activity and indisponibilizării in people who practice entrepreneurial activity shall be conducted in compliance with the limits laid down in article 21. 51 of law No. 131 of 8 June 2012 on the control of the Affairs of State. "in paragraph 8, the word" mandate "shall be replaced with the word" delegation ".
2. In article 30, paragraph 1, the words "and the quarterly" are excluded.
Art. XXV.-Law nr. 50 of 28 March 2013 with regard to official controls for the verification of compliance with the legislation on feed and food and with the rules of health and animal welfare (Official Gazette of the Republic of Moldova, 2013, no. 122-124, art. 383) is modified and completed as follows: 1. Article 7 shall be added to paragraph (5) with the following contents : "(5) the official controls of persons practising entrepreneurial activity planning shall be carried out and recorded in accordance with the provisions of law No. 131 of 8 June 2012 on the control of the Affairs of State. "
2. In article 8: the title shall read as follows: ' article 8. The record control ";
in paragraph 1, the word "reports" shall be replaced with the words "reports";
in paragraph 2, the word "Reports" shall be replaced with the words "reports of";
in paragraph 3, the word "report" shall be replaced with the words "inspection report";
in paragraph 4, the word "reports" shall be replaced by the words "protocols".
3. In article 25, paragraph 3, letter h), the word "reports" shall be replaced by the words "protocols".
Art. XXVI. Article 8 of Act-No. 7 of 26 February 2016 concerning market surveillance regarding non-food products (Official Gazette of the Republic of Moldova, 2016, 79-89, art. 146) is supplemented with paragraph (5) with the following contents: "(5) the market surveillance Authorities shall carry out control of persons engaged in entrepreneurial activity in accordance with the law. 131 of 8 June 2012 on the control of the Affairs of State. "
Art. XXVII.-(1) the duration of 6 months from publication of this law, the provisions of art. XXIII item 36 applies, in part, on the extent of implementation of institutional reform in the field of State control (2) the provisions of article 31 of law No. 131 of 8 June 2012 State control over activity of entrepreneur do not produce legal effects for the duration of 12 months from the date of publication of the present law for procedural acts drawn up during this period.

(3) the provisions of art. XXIII, item 5, in what refers to article 4 (21), will enter into force after 6 months from the date of publication of this law.
(4) the Government:-within 5 months from the date of publication, will propose to Parliament the projects required amending and supplementing legislative acts in order to achieve the institutional reform in the field of State control in accordance with the provisions of art. XXIII, point 36 of this law;
-within six months from the date of publication, will ensure progress and implementing institutional reform in the field of State;
-within six months from the publication date, will bring its normative acts in compliance with this law;
-within 8 months from the date of publication, will approve the model unique documents that will be used in the framework of the State Register of controls (delegation, Protocol control, plan of controls);
-within 10 months from the date of publication, will adopt the necessary acts for implementation of this law, including the preparation and approval will provide lists of appropriate areas supervisory checklist;
-within 12 months from the date of publication, will provide full functionality of the automated information System "State Register of checks" in order to guarantee the application and implementation of this law.