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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Law No. 45 of 1 July 1994 (* updated *) the law of national defence of Romania (updated May 6, 2011 *)-PARLIAMENT ISSUING — — — — — — — — the Parliament of Romania adopts this law.


Chapter I General provisions Article 1 national defence comprises all the measures and activities taken and held by the Romanian State in order to guarantee the sovereignty, independence and unity of the State, the territorial integrity of the country and constitutional democracy.


Article 2 Activities relating to national defence are secured and carried out by public authorities, according to the competences established by the Constitution and laws of the country.
Measures taken concerning national defence is mandatory for all citizens of the country, authorities and public and private institutions and for all businesses regardless of their form of ownership.


Article 3 rules for national defence shall be based on compliance with the provisions of the Constitution and of the laws of the country, on the principles of military doctrine of the Romanian State and the general rules of international law-admitted, and the provisions of treaties to which Romania is a party.


Article 4 in the case of aggression which encroaching upon the territorial integrity, the existence and the unity of the Romanian State and people, whose scale exceeds the capacity of the armed forces organised combative on a defensive response, suficientei will contain the appropriate forms in which they will be engaged in human and material resources necessary for its rejection.


Article 5 Repealed.
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Art. 5 was repealed by article. 55, Cap. V of law No. 291 from November 2, 2007, published in MONITORUL OFICIAL nr. 758 of 8 November 2007.


Chapter II National Defense System Structure Article 6 National Defence System includes: driving forces, resources and infrastructure.


Article 7 national defence system Leadership is an exclusive and inalienable attribute of the constitutional authorities of the State and it is achieved by the Parliament, the President of Romania:, the Supreme Council for the defense of the country, the Romanian Government, Ministry of defence and public administration authorities with competences in the field of national defense.


Article 8 the leadership of military action at the strategic level, in case of armed aggression, the imposition of a State of siege, a State of mobilization or State of war shall be carried out through the national military command.
During the aggression and of the States referred to in paragraph 1. 1, the national military command subordinated directly to the Supreme Council of national defence.
Outside aggression and conditions referred to in paragraph 1. 1, the national military command functions, as the core, under the control of the General staff.
The organisational structure and responsibilities of the national military command Center during the aggression and of the States referred to in paragraph 1. 1 shall be determined by decision of the Supreme Council of national defence.
The Declaration of war, the military command operates at full operational capability.
During the aggression and of the States referred to in paragraph 1. 1, the appointment of a military commander of the national command Center is made by the President of Romania, at the recommendation of the Minister of national defence.
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Art. 8 was modified by art. 1 of law No. 58 of 29 April 2011, published in MONITORUL OFICIAL nr. 303 of 3 May 2011.


Article 9 to ensure uniform leadership in time of war, in every county and in Bucharest is set up by a decree of the Supreme Council of Defense of the country, military commander, subordinate command military national centre.
The tasks of the military commander shall be determined in advance of the General Staff and approved by decision of the Supreme Council of Defense of the country.
The appointment of military commanders counties and Bucharest city is done by the head of the National Center of military command.
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Art. 9 was modified by art. II of law No. 58 of 29 April 2011, published in MONITORUL OFICIAL nr. 303 of 3 May 2011, by replacing a defunct.


Article 10 is intended for Defence Forces consist of the armed forces and the forces of protection.


Article 11 the armed forces comprise the army, large units and units of the Ministry of Interior and Administrative reform, the intelligence services of the State and other defensive formations organized army according to the law.


Article 12 Protection Forces include: the formations and units of civil protection, health and voluntary formations of the Red Cross and other formations that are set by law.


Article 13 the forces destined for defence conducts specific training within the limits of the national terrestrial space, air, sea and inland waterway, in compliance with environmental protection rules.
For carrying out these activities, the defence forces intended to use the shooting range and other equipment, as well as facilities and land, airfields, ports, airports, and other immovable property laid down together with public authorities or private individuals or legal question, in accordance with the law relating to requisitions.
After carrying out the activities referred to in paragraph 1. 1 and 2, shall be returned to the immovable property in question in the State in which they were taken.


Article 14 national defense Resources consists of the totality of human resources, financial, material and otherwise, that the State promote and engage them in supporting the efforts of the defense of the country.


Article 15 human resources consists of the entire population capable of effort for national defense. Prepare the population for Defense is carried out according to the law.


Article 16 Romanian citizens qualify for military service may be appointed not in leadership positions in Government, if they have not fulfilled this obligation for reasons attributable to them.


Article 17 Ministers, State Secretaries and subsecretarii, as well as their corresponding rank officials, constables, subprefecţii, town halls and the Secretaries of municipalities, towns and municipalities, the managers of economic agents and public institutions with tasks to deploy will be prepared, in order to carry out their duties on national defense line, courtesy of the General staff.
Organization and participation in the preparation of persons having regard to the functions set out in paragraph 1. 1 shall be determined by decision of the Government.


Article 18 other resources, and preparation of the territory's economy and for national defence shall ensure in accordance with the law.


Article 19 procurement organization, necessary expenditure, mobilization, training and maintenance of populations active and reserve, as well as investment and financing of infrastructure work in the armed forces shall support from the State budget and other legally established funds.


Article 20 territorial Infrastructure consists of the ensemble works and improvement of territory that could be used for the purposes of national defence.
Preparation for the defence of national territory ensure in accordance with the law.


Article 21 ministries, public authorities, businesses regardless of their form of ownership, are required to obtain the opinion of the General staff for new investment targets and development of existing ones, in order of their classification in the national defence system. List of investment and development objectives, as well as the criteria for achieving them, which is mandatory for the opinion of the General staff shall be fixed by decision of the Government.


Article 22 the proclamation of a State of siege or emergency, the mobilisation of State of war can be rechiziţionate goods belonging to businesses, public institutions, other legal entities and natural persons and may be called upon citizens to re-enter work for providing services, as provided by law.
In the circumstances referred to in paragraph 1. 1 by decision of the Supreme Council of Defense of the country, economic agents whose activity is directly related to securing necessary resources defence can be militarizaţi. Organization and operation thereof shall be established by decision of the Government.


Article 23 will accumulate from armed forces in peacetime, in its own reserves, weapons, fighting technique and materials to ensure that their missions, compensation costs and the likely losses in the war.
Nomenclature and levels these reserves shall be approved by the Supreme Defence Council, on a proposal from the Ministry of defence and, where appropriate, of the relevant bodies.
Regular replacement and transfer in the economy of goods from reserves shall be regulated by the Government.


Article 24 the stage of preparing the population, economy and territory defense check through mobilization exercises and workouts by the General Staff in conjunction with the Central Office for special problems and with the national administration of material, on the basis of the plan approved by the Supreme Council of Defense of the country.


Article 25 the institutions and public authorities, economic operators, irrespective of their form of ownership, are required to meet the required national defence orders, and within the time limits laid down in the contract and in times of peace as a priority in time of war.


Chapter III Organisation Article 26 army


The army is the basic component of the armed forces, which, in times of peace and war, integrity in a unitary conception of the activities of all the participating forces to defend the country.


Article 27 the army has in the Organization: central bodies of the Ministry of defence, the categories of military strength and territorial bodies.


Article 28 of the Ministry of Defence central bodies are established by law.


Article 29 categories of forces of the army are: dry bands; Aviation and defence antiaeriana; Navy. They are composed of staffs, commands, units and large units of combat, training and education, as well as units and formations fighting insurance and logistics.


Article 30 territorial military Bodies were composed: military area, military centres and military centers of the sectors of Bucharest.
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Art. 30 was amended by section 1 of article in EMERGENCY ORDINANCE No. 74 of 13 June 2002, published in Official Gazette No. 435 of 21 June 2002.


Chapter IV tasks of public authorities relating to national defence in article 31, the President of Romania's Parliament, the Government and the Supreme Council for the defence of the country exercising the duties of national defence according to constitutional provisions and laws of the country.


Article 32 Government is responsible for the organisation of activities and the implementation of the measures relating to national defence and shall have the following duties: a) coordinates the activity of ministries and other government authorities, for the implementation of measures to ensure the country's defense capacity;
  

(b) ensure the allocation and use of), according to the law, financial and material resources necessary for the Organization, procurement and mobilization of the armed forces, maintenance and training of populations, maintaining the readiness of technology and armaments, as well as carrying out the work of defence investment;
  

c) establishes obligations devolving upon the ministries and economic agents from the mobilization of the national economy for the first year of the war;
  

d) ensure, in time of peace, the establishment of the necessary material reserves in time of war, for both defence and needs of the population;
  

e) leads through specific activities prefects, from counties and the Bucharest Municipality.
  


Article 33 the Ministry of defence is responsible for the realization of the fundamental concept of the defense of the country in the military, in which end:) analyzes the country's defense needs and propose to the competent authorities established by the Constitution and other laws, measures concerning the Organization and equipping of the army, preparedness and population of the territory;
  

b) ensure preparation of Headquarters and training of populations active and reserve;
  

c) organizes, in time of peace, prepare the mobilization of the army and the population; make proposals for declaring General or partial mobilization and leads the pursuit;
  

d) Guide and monitor, through the General Staff, in cooperation with other competent authorities, the measures taken by the ministries of training, economic agents and public institutions in order to achieve the production and provision of services for the armed forces, of drawing up the work of outreach work and preparing the territory for defence.
  


Article 34 ministries, intelligence services of the State, other central public administration authorities are responsible for enforcement measures in defence of the country, each in its field of activity, according to the law; their heads presents reports on the exercise of powers relating to national defense, according to the case, Parliament, Government, the Supreme Council of Defense of the country, on an annual basis or whenever it is requested.
The mobilization and war, Ministers answer directly to the distribution of resort resources: raw materials, industrial products food, supplies, energy, transport, public works and communications.
Defence force requirements intended to ensure as a priority.


Article 35 local public administration authorities, according to their competence, have, in times of peace and in the event of mobilization and war in their range, the following powers: (a) ensure compliance with) businesses, public institutions and individuals of the provisions and measures regarding the preparation of the population, economy and territorial defence;
  

b) and intervening in order to meet requests presented by existing military units in their range for the purposes of territorial mobilisation;
  

(c) the measures necessary for fulfilling) making requisitions and calls for the provision of services according to the law;
  

d) shall draw up, keep up to date and made available to military centres and of the sectors of Bucharest military monograph economic-administrative-territorial units concerned;
  

— — — — — — — — — — — d) article. 35 was amended by section 2 of article in EMERGENCY ORDINANCE No. 74 of 13 June 2002, published in Official Gazette No. 435 of 21 June 2002.

e) provide military district centres, and of the sectors of Bucharest land, premises, telecommunication facilities, facilities and funds for their activity, according to the rules laid down in the judgment of the Government;
  

— — — — — — — — — — — the letter s) art. 35 was amended by section 2 of article in EMERGENCY ORDINANCE No. 74 of 13 June 2002, published in Official Gazette No. 435 of 21 June 2002.

(f) any other duties) shall meet the provisions relating to the national defense law.
  


Chapter V Penalties Article 36 violation this law shall entail criminal liability, administrative, civil or administrative, as appropriate.


Article 37 constitutes the offence, if they are not committed in such circumstances that, according to the criminal law, constitute offences and shall be imposed with a fine of 5,000,000 lei la 200,000 to the following facts: (a) non-compliance with the provisions of article). 21 relating to obtaining the opinion given by the General Staff or non-compliance with the conditions set out in the permit;
  

b) failure in times of peace by those referred to in article 1. 25 of obligations of State orders necessary national defense;
  

c) hindering inspection bodies to carry out the tasks provided for in this law.
  


Article 38 Finding contraventions and penalties shall be made by the authorities established by the Government.


Article 39 the provisions of this chapter relating to the offence shall be supplemented by the provisions of law No. 32/68 concerning the establishment and sanctioning of offences, with the exception of art. 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 are hereby repealed.


Article 41 this Act enter into force on its publication in the Official Gazette of Romania.

This law was adopted by the Senate at its meeting on 2 July 1994, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. O'LEARY GAITAN this law was adopted by the Chamber of deputies at its meeting on June 21, 1994, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. GILBERT CHAMBER of DEPUTIES PRESIDENT R — — — — — — —