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Law No. 45 Of 1 July 1994 The Law Of National Defence Of Romania

Original Language Title:  LEGE nr. 45 din 1 iulie 1994 Legea apărării naţionale a României

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LEGE no. 45 45 of 1 July 1994 (* updated *) Romanian National Defence Law ((updated on 6 May 2011 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 The National Defence includes the set of measures and activities adopted and carried out by the Romanian state in order to guarantee national sovereignty, independence and unity of the state, territorial integrity of the country and constitutional democracy. + Article 2 Activities on national defence are ensured and carried out by public authorities, according to the competences established by the Constitution and the laws of the country. The measures adopted on national defence are mandatory for all citizens of the country, for public and private authorities and institutions and for all economic agents, regardless of the form of ownership. + Article 3 The regulations on national defense are based on compliance with the provisions of the Constitution and the laws of the country, on the principles of the Romanian state military doctrine and general norms-admitted by international law, as well as on treaties to which Romania is a party. + Article 4 In case of aggression that attacks the territorial integrity, the existence and unity of the Romanian state and people, whose scale exceeds the combative capacity of the armed forces organized on the principle of defensive sufficiency, the riposte will includes the appropriate forms in which all human and material resources necessary to reject it will be committed. + Article 5 Repealed. ---------- Article 5 was repealed by art. 55, Cap. V of LAW no. 291 291 of 2 November 2007 , published in MONITORUL OFFICIAL no. 758 758 of 8 November 2007. + Chapter II Structure of the national defence system + Article 6 The national defence system comprises: leadership, forces, resources and territorial infrastructure. + Article 7 The leadership of the national defense system is an exclusive and inalienable attribute of the constitutional authorities of the state and is carried out by: Parliament, President of Romania, Supreme Council of Defense of the Country, Government of Romania, Defence and public administration authorities with powers in the field of national defence. + Article 8 The management of military actions at strategic level, in case of armed aggression, at the establishment of the curfew, the declaration of the state of mobilization or the state of war is carried out through the National Military Command Center During the aggression and the states provided in par. 1, the National Military Command Center is directly subordinated to the Supreme Council of Defense of the Country. Apart from the aggression and states provided in par. 1, the National Military Command Center operates, as a core, under the General Staff. Organizational structure and duties of the National Military Command Center during the aggression and states provided in par. 1 are established by decision of the Supreme Council of Defense of the Country. When declaring a state of war, the National Military Command Center operates at full operational capability. During the aggression and the states provided in par. 1, the appointment of the commander of the National Military Command Center is made by the President of Romania, at the proposal of the Minister of National Defence. ---------- Article 8 has been amended by art. I of LAW no. 58 58 of 29 April 2011 published in MONITORUL OFFICIAL no. 303 303 of 3 May 2011. + Article 9 In order to ensure the unitary leadership during the war, in each county and in the city of Bucharest, the position of military commander, subordinated to the National Military Command Center, is established by decision of the Supreme Council of Defense of the Country. The duties of the military commander shall be established in peacetime by the General Staff and shall be approved by decision of the Supreme Council of Defense of the Country. The appointment of the military commanders of the counties and the city of Bucharest is made by the head of the National Military Command Center. ---------- Article 9 has been amended by art. II of LAW no. 58 58 of 29 April 2011 published in MONITORUL OFFICIAL no. 303 of 3 May 2011, by replacing a phrase. + Article 10 The defence forces are composed of the armed forces and the forces of protection. + Article 11 The armed forces comprise the army, large units and units subordinated to the Ministry of Interior and Administrative Reform, those of the state's intelligence services and other armed defense formations organized according to the law. + Article 12 The protection forces include: the units and civil protection formations, the voluntary-voluntary formations of the Red Cross and other parties that will be established by law. + Article 13 The defence forces shall carry out specific training activities within the limits of national land, air, sea and river, in compliance with environmental protection rules. In order to carry out these activities, the defence forces shall use the polygons and other facilities, as well as the land, airports, aerodromes, ports, premises and other real estate established together with the authorities. public administration or natural or legal persons concerned, under the law on requisitions. After performing the activities provided in par. 1 and 2, the respective real estate shall be returned to the state in which they were taken over. + Article 14 National defence resources are made up of the totality of human, financial, material and other resources, which the state provides and engages in supporting the country's defence efforts. + Article 15 Human resources are made up of the entire population of effort for national defense. The preparation of the defense population is carried out according to + Article 16 Romanian citizens fit for military service cannot be appointed to senior positions in the institutions of public authorities, if they have not fulfilled this obligation for reasons attributable to them. + Article 17 Ministers, secretaries and subsecretaries of state, as well as dignitaries with their corresponding rank, prefects, sub-prefects, mayors and secretaries from municipalities, cities and communes, heads of economic agents and public institutions with tasks at mobilization will be prepared, in order to fulfill their duties on the national defense line, through the care of the General Staff. How to organize and participate in the preparation of persons having the functions established in par. 1 is established by Government decision. + Article 18 The other resources, as well as the preparation of the economy and territory for national defense shall be ensured in accordance with the provisions + Article 19 The expenses necessary for the organization, endowment, mobilization, maintenance and training of active and retired personnel, as well as the financing of the investment works of the armed forces shall be borne from the state budget and other legal funds constituted. + Article 20 The territorial infrastructure is constituted by all the works and facilities of the territory that can be used for the purpose of national defence The preparation of the territory for national defense shall be ensured in accordance with the + Article 21 Ministries, public administration authorities, economic agents regardless of the form of ownership, have the obligation to obtain the opinion of the General Staff for the location of the new investment objectives and the development of existing ones, in order to framing them in the infrastructure of the national defence system. The list of investment and development objectives, as well as the criteria for their achievement, for which the opinion of the General Staff is mandatory is established by Government decision. + Article 22 When declaring a curfew or emergency, the declaration of mobilization or state of war may be requisitioned goods belonging to economic agents, public institutions, other legal entities and individuals and can be called able-bodied citizens of work for service provision, under the conditions provided by law. In the situations provided in par. 1, by decision of the Supreme Council of Defense of the Country, economic agents whose activity is directly related to the provision of resources necessary for defense can be militarized. Their organization and functioning shall be determined by Government decision. + Article 23 The armed forces will accumulate from time of peace, in their own reserves, weapons, combat technique and materials to ensure the fulfillment of their missions, the compensation of consumptions and probable losses to war. The nomenclature and the levels of these reserves are approved by the Supreme Council of Defense of the Country, at the proposal of the Ministry of Defense and, as the case may be Periodic replacement and transfer to the economy of goods from the constituent reserves shall be regulated by Government decision. + Article 24 The state of readiness of the population, economy and territory for defense is verified through exercises and mobilization training by the General Staff together with the Central State Office for Special Issues and the National Administration of Materials reserves, based on the plan approved by the Supreme Council of Defense of the Country. + Article 25 Institutions and public administration authorities, economic agents, regardless of the form of ownership, have the obligation to satisfy the orders necessary for national defense, in full and within the deadlines established by contract in time of peace and with Priority in wartime. + Chapter III Army organization + Article 26 The army is the core component of the armed forces, which ensures, in peacetime and at war, the integrity in a unified conception of the activities of all the forces participating in the defense actions of the country. + Article 27 The army has in organization: the central organs of the Ministry of Defense, the categories of forces and the territorial military + Article 28 Central organs of the Ministry of Defense are established by law. + Article 29 The army's categories of forces are: land troops; aviation and anti-aircraft defenses; the military navy. They have in composing major states, gun commands, large units and fighters, educational and training units, as well as units and formations of combat and logistics insurance. + Article 30 The territorial military bodies have in composing: area military centers, county military centers and military centers of the sectors of Bucharest. ----------- Article 30 has been amended by section 6.6. 1 1 of the single article of EMERGENCY ORDINANCE no. 74 74 of 13 June 2002 , published in MONITORUL OFFICIAL no. 435 435 of 21 June 2002. + Chapter IV Tasks of public authorities on national defence + Article 31 The Parliament, the President of Romania, the Government of Romania and the Supreme Council of Defense of the Country exercise their duties on national defense according to the constitutional provisions + Article 32 The Government of Romania is responsible for the organization of activities and the application of measures concerning national defence and has the following a) coordinate the activity of ministries and other public administration authorities to carry out measures to ensure the defense capacity of the country; b) ensure the allocation and use, according to the law, of the financial and material resources necessary for the organization, endowment and mobilization of armed forces, maintenance and training of troops, maintenance in the state of operativeness of the technique and the armament, as well as the implementation of the defence investment works; c) establishes the obligations of ministries and economic agents from the plan to mobilize the national economy for the first year of war; d) ensure, from time of peace, the formation of the necessary material reserves during the war, both for the needs of the defense and of the population; e) leads, through prefects, specific activities in the counties and in Bucharest. + Article 33 The Ministry of Defense responds to the achievement of the country's fundamental defense conception in the military field, for which purpose: a) analyze the defense needs of the country and propose to the competent authorities established by the Constitution and other laws, measures on the organization and endowment of the army, the preparation of the population and b) ensure the preparation of the commands and the training of the active and reserve personnel; c) organize, in peacetime, the preparation of mobilization of the army and the population; make proposals for the declaration of general or partial mobilization and conduct its conduct; d) guide and control, through the General Staff, in collaboration with other competent authorities, the training measures taken by ministries, economic agents and public institutions, in order to achieve the production and service provision for the armed forces, the preparation of the mobilisation works at work and the preparation of the territory for defence. + Article 34 Ministries, state intelligence services, other central public administration authorities respond to the execution of the country's defense measures, each in its field of activity, according to the law; their leaders submit reports on the exercise of national defence duties, as the case may be, to the Parliament, to the Government, to the Supreme Council of National Defence, annually or whenever required. When declaring mobilization and the state of war, the relevant ministers respond directly to the distribution of resources on: raw materials, industrial products, food goods, energy, transport, public works and communications. The requirements of the defence forces shall be ensured with priority + Article 35 The local public administration authorities, according to the competence, have, in peacetime and in case of mobilization and war, in their territorial area, the following duties: a) ensure the fulfilment by economic agents, public institutions and individuals of the provisions and measures on the preparation of the population, economy and territory for defense; b) follow and intervene to satisfy the requests submitted by the existing military units within their territorial area for the needs of mobilization; c) meet the necessary measures to carry out requisitions and calls for services according to the law; d) prepare, update and provide to the county military centers and the sectors of Bucharest the economic and military monograph of the respective administrative-territorial units; ----------- Letter d) of art. 35 35 has been amended by section 4.2 2 2 of the single article of EMERGENCY ORDINANCE no. 74 74 of 13 June 2002 , published in MONITORUL OFFICIAL no. 435 435 of 21 June 2002. e) ensure the area, county and county military centers of Bucharest, the lands, premises, telecommunications installations, facilities and funds necessary to carry out their activity, according to the norms established by decision of Government; ----------- Letter e) of art. 35 35 has been amended by section 4.2 2 2 of the single article of EMERGENCY ORDINANCE no. 74 74 of 13 June 2002 , published in MONITORUL OFFICIAL no. 435 435 of 21 June 2002. f) perform any other duties relating to national defense, according to the law. + Chapter V Sanctions + Article 36 Failure to comply with the provisions of this law attracts criminal, contravention, administrative or civil liability, as appropriate + Article 37 It constitutes contraventions, if not committed under such conditions that, according to the criminal law, to constitute crimes and is sanctioned with a fine of 200,000 to 5,000,000 lei, the following facts: a) non-compliance with 21 regarding the obtaining of the opinion given by the General Staff or non-compliance with the conditions b) failure to meet in time of peace by those mentioned in art. 25 of obligations regarding state orders necessary for national defence; c) preventing the control bodies from carrying out the duties provided for by this Law. + Article 38 The finding of contraventions and the application of sanctions shall be made by the authorities established by Government decision. + Article 39 The provisions of this chapter on contraventions shall be supplemented by provisions Law no. 32/1968 on the finding and sanctioning of contraventions, except art. 25 25, 26 and 27. + Chapter VI Final provisions + Article 40 On the date of entry into force of this Law any other provisions to the contrary shall be repealed + Article 41 This law enters into force on the date of its publication in the Official Gazette of Romania. This law was adopted by the Senate at the meeting of July 2, 1994, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at its meeting on June 21, 1994, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT RADU BERCEANU -------