Law No. 26 Of 29 May 1993 On The Setting Up, Organisation And Functioning Of The Body Public Guardians

Original Language Title:  LEGE nr. 26 din 22 mai 1993 privind înfiinţarea, organizarea şi funcţionarea Corpului gardienilor publici

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LAW No. 26 of 29 May 1993 on the setting up, organisation and functioning of the public Body ISSUING the guardian published in PARLIAMENT OFFICIAL GAZETTE NR. 109 of 28 May 1993, the Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 in order to increase the efficiency and security of defence of public order and peace, the life and integrity of persons, shall be established in addition to the county councils and the Council of the municipality of Bucharest, the guardians of public bodies.


Article 2 Bodies are public institutions public guardians, of County interest and of Bucharest, providing services with legal personality.
The activity of bodies of public guardians is carried out on the basis of the rules of organization and operation, approved by decision of the Government.


Article 3 the public Guardian is designed to ensure the guard to a public or private entity, institution, Association of any nature and to participate in the defence of public order and peace.


Chapter 2, article 4 and operation of Public Bodies shall be set up on the guardians categories, depending on the number of their staff.
Organizational structure, categories and the number of bodies of public guardians of their staff shall be laid down in its rules of organization and operation.


Article 5 the leadership bodies of the public guardian shall be performed by their chiefs, appointed by the County Council or the Council of Bucharest, with the opinion of the police.


Article 6 the Organization and execution of security assets, assets of every kind, their transport and other benefits, as well as participation in the defence of public order and peace is achieved on the basis of contracts entered into by public bodies, wardens with economic operators, whether public or private institutions, associations of any kind, legal or natural persons, if necessary.


Article 7 public Guard prison guards run through according to the plan drawn up by guard commanders of sub-units guarding and beneficiaries, approved by the head of the public Body the guardians and with the opinion of the specialist police.


Article 8 the management personnel, training and guard will be equipped with distinctive insignia, uniforms, protective equipment, weapons and ammunition, in accordance with the rules laid down in its rules of organization and functioning according to the present law.


Chapter 3 article 9 Powers of Public Bodies have the following attributions guardians: a) conclude contracts with customers for the provision of guard service with public guardians;
  

b) ensure employment showing required to execute security missions, training and control of their activity;
  

(c) equipping staff) provide uniforms and distinctive insignia, compliance with the rules relating to their Harbour, as well as equipping with arms, ammunition and other means necessary for the execution of the missions;
  

d) ensure spaces and facilities necessary to preserve safety in full weaponry and ordnance equipment;
  

(e) ensuring the maintenance of the State) for the operation of the equipment and switchgear and other means and intended to carry out guard service;
  

f) inform recipients about the way it conducts missions of protection and propose the necessary measures in order to increase their efficiency;
  

g) participate in the defence of public order and peace, combating infringements of law on cleanliness, and exercise unauthorized trade in zones and itineraries established in the plan of implementation of the guard;
  

h) acts to prevent and combat crime and other illicit acts delegated stations.
  


Article 10 public Guardians are obliged to know: a) places and vulnerabilities from the station's perimeter to prevent any acts likely to affect objectives guarded;
  

b the objective and to observe) the goods received in the guard and ensure their integrity;
  

c) to allow access in the only objective in accordance with legal rules and provisions of the internal control at the entrance and exit of the unit enclosure of persons, means of transport, materials and other property, according to the security plan;
  

d) to take all measures in order to prevent the station's orders have entrusted the manufacture of fire, explosion, theft, tilharii, acts of public order disturbance, destruction or degradation of goods and other such acts, based on the permanent surveillance of the area for which they are responsible;
  

e) in the case of some crimes, producing adverse events or other disasters in the area under their responsibility, to take the first steps to rescue people and property, preservation of traces, faptuitorilor and identification of eyewitnesses, to notify the nearest police body, to request support from the neighbouring stations and of the population and ensure the guard of the goods;
  

f) to refer the matter to the police in connection with any acts of the nature of the prejudice to the beneficiary's possessions, and, upon request, to enable them to fulfil their missions contest;
  

g) to State secrecy and service;
  

h) to wear the uniform, armament, and the distinctive insignia only during the service.
  


Article 11 in carrying out job duties, public guardians have the following rights: a) to stop and to legitimize the individuals about whom there are data or indices they illustrious or other offences of unlawful acts, and, in the case of flagrant offences to withhold and forthwith surrender to police on offenders and, if any, the goods subject to the crimes, which, however, a report with the findings;
  

b) call to order persons who disturb the public tranquillity and to intervene in case of attacks on individuals, without abandoning the station watched him fulfillment;
  

c) to make use of the gun only in the cases and under the conditions strictly prescribed by law;
  

d) to establish, in accordance with the law, offences relating to public order and tranquility, cleanliness of localities, street trade rules or other offence for which it is intended to establish competent law too.
  

The finding of violation, drawn up in accordance with the law, will be submitted to the Chief of staff, providing a hierarchical structure that will enforce the fines.


Article 12 legal or natural Person beneficial owner of the security shall have the following rights and obligations: a) controls the manner in which public bodies guardians fulfil their obligations of the contract;
  

b) require the head of the public Body the guardians proper measures are taken to improve security activity, including sanctions or replacing the wardens who run just powers;
  

c) execute and make available, within the time limits laid down by the security plans and contracts, technical means and facilities necessary for the performance of the tasks of guarding;
  

d) install and provide maintenance facilities guarding and alarm;
  

e) participate in developing or modifying security plan.
  


Article 13 the county councils, namely the Council of Bucharest, have the following powers: (a) by a call), the heads of bodies of public guardians;
  

(b)) shall, by decision, the public interest objectives at which it enforces security by guards.
  


Article 14 Mayoralties have following duties: to establish, in conjunction with) the organs of the local police, the posts or patrols the territory of urban and rural settlements, in addition to the duties of the guard, and will participate in public order and peace;
  

b) establish competence to establish public guardians and sanctiona offences covered under the law.
  


Article 15 the police have the following powers: (a) the employment of the staff of the Body) advises the guardians of public inarmarea and security plans;
  

b) controls, directs and grant assistance of specialized bodies of public guardians in the organisation and functioning of security training and staff training;
  

c) supports public bodies fulfilling the guardian concerning the guarding of goods and values assigned to them and ask for their cooperation in measures to ensure public order and peace;
  

d) provide the necessary arms and ammunition to equip the public to fulfil the tasks of warders guarding;
  

e) opinion given to employment and withdraw if the persons referred to in subparagraph (a). to commit acts incompatible with) the quality of the public guardian or no longer fulfil the conditions laid down in articles 81 and 82. 16. Chapter 4 Article 16 Staff Person to be framed public guardian must meet the following conditions: a) is the Romanian citizen;
  

b) have satisfied the military and not exceed, the engagement, the age of 40 years;
  

(c)) to be known as a person of correct and not have a criminal record relating to the offence committed with intent;
  

d) have mental and physical skills, appropriate professional tool.
  

Qualify and women aged at least 21 years of age who satisfy the conditions laid down in paragraph 1. 1, with the exception of that relating to military service.


Article 17 After enrolment in public office, the guardians will follow a specialization course organized by the guardians of the public Body, together with the politiilor County inspectorates, Bucharest.


Article 18 The employment, staff of public bodies the guardians would sign a commitment to service.

Removal from service or leaving its the fault of the employee, before the expiry of a period of 3 years, shall entail the payment of compensation and covering the costs of tuition and equipment.


Article 19 the guardians of public order and their staff are assimilated, in exercising the functions of service, fulfilling a function involving the exercise of public authority.


Article 20 personnel Functions of public bodies shall be established by the guardians Council's rules of organization and operation.


Article 21 the guards remain in public record of headquarters military district or the sectors of Bucharest, where it may be mobilized to work only with their approval.


Chapter 5 transitional and final provisions Article 22 public bodies the establishment of wardens, county councils along with local councils, as well as Bucharest City Council ensure, in accordance with the law, space and means for the proper officials.


Article 23 in order to ensure the necessary financial funds to set up public bodies are established, the guardians as annex to the State budget for the year 1993, the setting up of the body of public guardians.
The funds needed to establish the bodies of public guardians will be awarded at the request of the county councils and the Council of Bucharest, within 30 days from the date of the request.
Financial funds granted under the terms of the preceding paragraph, shall be returned to the State budget revenue from the beneficiaries as a result of the benefits.


Article 24 the salary Fund for personal as well as other expenditure relating to public guardians Corps officials consists of amounts collected from recipients of benefits, which will be charged with the counter-value in accordance with tariffs between the parties.
The guardians of public bodies shall be obliged to pay taxes to the State budget and taxes provided by law.
The remaining net proceeds will be used for self-financing, with the technical means necessary for the improvement of the security system and rewarding its staff, according to the law.


Article 25 Permanent Delegations of county councils and town councils, with the specialized assistance from the police, will carry out control, guidance and support to public bodies, law guardians.


Article 26 public Bodies responsible guardians act according to the law, their use for other purposes being prohibited.


The provisions of article 27 of the law on the organisation and operation of the guard of the goods shall apply accordingly. The body of the guardians of the public, to the extent that this law does not provide otherwise.


Article 28 failure by staff of public bodies the guardians of this law shall entail liability, disciplinary, administrative or criminal liability, as appropriate.


Article 29 this law enters into force within 60 days of its publication in the Official Gazette of Romania.
This law was adopted by the Chamber of deputies at its meeting of 26 April 1993, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE this law was adopted by the Senate at its meeting of 26 April 1993, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT Prof. OLIVIU GHERMAN — — — — — — — — — — —

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