Law No. 44 Of 1 July 1994 Concerning War Veterans And Some Rights Of Invalids And War Widows

Original Language Title: LEGE nr. 44 din 1 iulie 1994 privind veteranii de război, precum şi unele drepturi ale invalizilor şi văduvelor de război

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Law No. 44 of 1 July 1994 (* republished *) (* updated *) concerning war veterans and some rights of invalids and war widows (updated 1 January 2016)-PARLIAMENT ISSUING — — — — —-*) Republished pursuant to art. II of law No. 167/2002, published in the Official Gazette of Romania, part I, no. 254 of 16 April 2002, posing a new texts.
Law No. 44/1994, published in the Official Gazette of Romania, part I, no. 172 of July 7, 1994, as amended by:-the Government Ordinance. 17/1995, published in the Official Gazette of Romania, part I, no. 186 of 17 august 1995 (as amended by law No. 116/1995, published in the Official Gazette of Romania, part I, no. 293 of 19 December 1995);
-Order No. 24/1995, published in the Official Gazette of Romania, part I, no. 193 of 25 august 1995 (approved by law No. 114/1995, published in the Official Gazette of Romania, part I, no. 282 of 5 December 1995);
-Government Emergency Ordinance nr. 85/1997, published in Official Gazette of Romania, part I, no. 378 of 29 December 1997 (as amended by law No. 246/98, not published in the Official Gazette of Romania, part I, no. 495 dated 22 December 1998);
-Government Emergency Ordinance nr. 25/1999, published in the Official Gazette of Romania, part I, no. 130 of 31 March 1999 (as amended by law No. 114/1999, published in the Official Gazette of Romania, part I, no. 297 of 25 June 1999);
-Law No. 132/2000, published in the Official Gazette of Romania, part I, no. 345 of 25 July 2000;
-Law No. 135/2000, published in the Official Gazette of Romania, part I, no. 345 of 25 July 2000;
-Government Emergency Ordinance nr. 215/2000, published in the Official Gazette of Romania, part I, no. 606 of 25 November 2000 (as amended by law No. 770/2001, published in the Official Gazette of Romania, part I, no. 14 of 11 January 2002);
-Law No. 770/2001, published in the Official Gazette of Romania, part I, no. 14 of 11 January 2002;
-Law No. 167/2002, published in the Official Gazette of Romania, part I, no. 254 of 16 April 2002. Law No. 167/2002 has been rectified in the Official Gazette of Romania, part I, no. 676 of 11 September 2002.


Chapter I the status of war veteran and war widow Article 1 have the status of war veteran persons who participated in the first world war in the Romanian army and were housed in one of the following situations: a) fought in military units-large subunits, units or commands-at various echelons times were part of the logistical formations as provided for in the General staff;
  

b) acted in special units from the inner area to defuse projectiles, as well as cleaning mines territory until 31 December 1946;
  

c) were military commanders or commanders of military guards in military commissions times members of control and reception in enterprises supplying war material, referred to in the General staff;
  

d) fought on the national territory occupied enemy territories, against the established parties, times units recognised as such by the General staff;
  

e) were part of the military justice, military police, gendarmerie, firemen from military units and police within the Ministry of administration and Interior, who acted in the area of operations or have learned in units or formations established and acted during the war, during the periods referred to in the General staff;
  

f) have become invalids of war;
  

g) were prisoners of war.
  


Article 2 shall be deemed to be also war veterans, people who participated in the first world war, as follows: — — — — — — — — — — — —-the introductory part of article 3. 2 was amended by section 1 of article. 1 of law No. 303 of 13 November 2007, published in MONITORUL OFICIAL nr. 785 of 20 November 2007.

a) Romanian citizens from any territory that have enlisted a volunteer and fought in the armies of the United Nations;
  

b) inhabitants of the Romanian provinces, territories occupied during the period 1940-1945, who were conscripted or compulsorily mobilised and fought in the armies of other countries, where they have retained or re-acquired Romanian citizenship and domicile in Romania;
  

c) people of German nationality who were placed in units of the German army, where they kept or regained Romanian citizenship and domicile in Romania.
  


Article 3 Invalid of war is war veteran that has suffered through injury or injury during or because of the war disablement attested by a medical legal act.


Article 4 prisoner of war: a person is captured by the enemy) in the course of the war, whether combatant or noncombatant individually, as well as the assimilated with it according to international conventions to which Romania is a party;
  

b) a person who, after the cessation of hostilities, on 23 august 1944, it was Soviet troops one-armed or German, or even nedezarmată, he was admitted to the POW camps;
  

c) military schools student officers, non-commissioned officers and soldiers sent to trainees in Germany, and the soldier are in this country, considered prisoners of war by the German authorities on 23 august 1944.
  


Article 5 status of war veteran is determined by the Ministry of national defence, on the basis of official documents required by this Ministry, issued by law enforcement agencies, which confirms the situations referred to in article 1. 1 and 2.
— — — — — — — — — — — —-. 1 of art. 5 was amended by paragraph 2 of article 9. 1 of law No. 303 of 13 November 2007, published in MONITORUL OFICIAL nr. 785 of 20 November 2007.
War invalids, irrespective of their degree of disability, proving the quality through the minutes and ranking the pension decision.
Prisoners of war on the basis of their quality proving official documents issued by the military, as well as any other document issued by the Ministry of national defence of the body which times were detained.
— — — — — — — — — — — —-. 3 of art. 5 was amended by paragraph 2 of article 9. 1 of law No. 303 of 13 November 2007, published in MONITORUL OFICIAL nr. 785 of 20 November 2007.
In cases where, for various reasons, those entitled do not possess official documents requested times cannot release evidence necessary as a result of lack of or destruction of archives, confirmed in writing, the status of war veteran shall be determined by the boards of reconstitution, with witnesses, as provided by law and the methodology established for this purpose by the Ministry of national defense.
— — — — — — — — — — — —-. 4 of art. 5 was amended by paragraph 2 of article 9. 1 of law No. 303 of 13 November 2007, published in MONITORUL OFICIAL nr. 785 of 20 November 2007.


Article 6 ticket war veteran should be issued to persons referred to in art. 1 and 2 by the Ministry of national defense.
War veteran ticket may be issued to those justified by the National Association of war veterans or war veterans associations legally, each for its members; This will be the contrasemnată of the National Defence Ministry representatives.


Article 7 the status of war veteran cannot be gained by a person who: a) committed acts of treason of the homeland or accepted to be used by the enemy as a spy or agent of diversion in the country, the facts established by a court order for the remaining final;
  

b) fought as a volunteer in foreign armies against the country or the United Nations or committed acts of terror and crimes against the local population from the territories occupied enemy territories;
  

c) deserted from Romanian army during the war;
  

d) has obtained the proof referred to in article 1. 5 para. 1 by making false statements or by dolosive intraoperative findings by court judgment is final or when the remaining Commission reconstitution time pursuant to article. 5 para. 4 has been cancelled.
  

Prove restrictive circumstances. 2(a) ) and (b)), as well as at art. 7(b). b) and (c) the relevant body) returns to establish quality of war veteran is found or, where appropriate, through the remaining judgment becoming final.
If the conduct referred to in paragraph 1. and (b). a), b) and (c)) have been recorded after the war veteran's quality, as well as in the case referred to in paragraph 1. and (b). d), the person concerned will lose this capacity and will be obligated under the law to reimburse the amounts unduly received, as well as the equivalent amount of facilities that received as a war veteran.


Article 8 outside of cases where the law provides otherwise, the rights arising from the status of war veteran shall not be transferable and shall be terminated by the death of the holder.
The rights arising from the status of war veteran decorated with related leasehold estates, or equivalent, are transmissible to the heirs in title, if the holder has submitted the application for obtaining these rights during life.


Article 9 the widow of war is surviving the deceased wife, transported or as a result of injuries incurred diseases in the front fold or transported.
The quality of the war widow shall be determined on the basis of documents, as provided in the regulations laid down by the Ministry of labour, family and social protection.


Chapter II *) rights of war veterans and war widows in article 10


During the participation in the war, as well as periods of imprisonment, hospitalization and medical leaves, as a result of wounds suffered in war or transported, shall be considered or in the calculation of the pension service, regardless of the theatre of operations which they had fought.


Article 11 the war Widow who is entitled to a pension in accordance with the law I.O.V.R. receives, in addition to the pension, social insurance and pension.
The surviving spouse of the war with, who have not remarried shall receive half of war veteran allowance and of the monthly rent. 13 and 14, and half the number he has free travel times supposed to have the right under the law of the deceased husband.
Widows of war veterans who have not remarried will receive 100% of the war veteran allowance, if their husbands before death were not decorated with orders or medals war times with medal commemorative Cross of the second World War 1941-1945 ".


Article 12 war veterans benefit from allowances and monthly increase in proportion to the time they fought in the war, according to the law.
Benefit from the same rights and war widows who have not remarried, except monthly increase referred to in the preceding paragraph.
In cases where one and the same person so falls into the category of war veteran, having been detained or deported, including prisoner of war in the former Soviet Union, taken after august 23, 1944 or, though stated before that date, was detained after the Armistice date, cumulative periods of monetary rights corresponding to the quality of the proposed , provided that the periods to be distinct.
The person referred to in the preceding paragraph may not be added other duties, other than money, but will be entitled to opt for the most convenient or, where appropriate, to achieve those not provided for in this law, but are recognized by law for other category or other categories into which they fall.


Article 13 war veterans, to whom they were awarded orders and medals for his committed on the battlefield, enjoys the following rights, unless they have received from other laws of dispensing from the date of application so far and legal documents proving the right of) the requested: decorated with the order of Michael the brave, or the order of Aeronautic Virtue with swords class: Knight-a batch of leasehold estates with 5 ha agricultural land reserve, created under law No. Land Fund 18/1991, republished, with subsequent amendments and additions, in the place of residence or a place to House 500 m ² in the municipality, city or Township in which Contessa domiciled;
-those decorated with the order of Michael the brave, a monthly pension equivalent to 1.75 solde core of a sub-lieutenant, solda base being comprised of grade result and result of function to a minimum;
-those decorated with the order of the Aeronautical Virtue with swords, the Knight class, a monthly annuity equivalent to the grade of 1.75 solde a sub-lieutenant;

b) those decorated with the order of the star of Romania with swords and Ribbon of Military Virtue, or the order of the star of Romania with swords, the Aeronautical Virtue with swords, the order of the Crown with swords and Ribbon of Military Virtue, or order of the Crown with swords, the Queen Mary, the Valour Medal of Military Virtue Medal, War medal Virtue Virtue Maritime Aeronautics or Aeronautical Medal, faithful Service Medal with swords Manhood and Faith Medal with swords, faithful service Cross with swords, the cross Merit Medal, as well as due to Ostăşească only if it was awarded for deeds of arms out on the battlefields of the first world war times for outstanding services rendered to their army in time of war, in accordance with the provisions of art. 1:-500 m ² with leasehold estates for pets in the city, town or Township in which it is domiciled or, if this is not possible, with 1 ha arable land in the area.
Those decorated with orders or medals referred to. b) receiving a monthly pension equivalent to 1.3 solde grade of a second lieutenant.
War veterans who, because of the scarcity of land in the localities where they reside or in other localities, they could not be appropriated in accordance with the law will be compensated by an amount that represents the equivalent amount of land to which they were entitled under the law.
The amount of compensation shall be covered from the State budget and will be updated annually by the Government.
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Art. 13 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 9 of 29 April 2015, published in MONITORUL OFICIAL nr. 299 of 30 April 2015.


Article 14 war veterans that are not decorated with orders, medals or crosses of the war. 13(2). and (b). the a and b)), but to whom was awarded the Commemorative Medal of «Cross of World War II, 1941-1945», shall receive a monthly pension equal to 90% of the result of a grade of second lieutenant.
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Art. 14 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 9 of 29 April 2015, published in MONITORUL OFICIAL nr. 299 of 30 April 2015.


Article 14 ^ 1 since March 2004, the monthly rent. 13 and 14 shall be calculated, as appropriate, depending on the level of service pay and grade of service pay function at minimum of a second lieutenant in the Ministry of national defence, established under the law.
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Art. 14 ^ 1 was introduced by article in the EMERGENCY ORDINANCE nr. 12 of 23 March 2004, published in Official Gazette No. 278 of 30 March 2004.


Article 15 war veterans are eligible for honorary degree, further advances in General, on the occasion of May 9-victory day, according to the proposals are made by the associations of Veterans of war, in compliance with the criteria laid down by the Ministry of national defense or the Ministry of Internal Affairs, as appropriate.
— — — — — — — — —-. 1 of art. 15 has been amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 9 of 29 April 2015, published in MONITORUL OFICIAL nr. 299 of 30 April 2015.
War veterans are entitled to wear a military uniform in the conditions laid down by the Ministry of national defense and the Ministry of administration and Interior.
In recognition of the merits of war veterans on the battlefields in order to defend the independence, sovereignty, territorial integrity and interests of Romania, Veterans Day is hereby established, which shall be held annually on April 29.
— — — — — — — — — — — —-. 3 of art. 15 was introduced by section 5 of art. 1 of law No. 303 of 13 November 2007, published in MONITORUL OFICIAL nr. 785 of 20 November 2007.


Article 16 war veterans and war widows also benefit from the following rights: a) 12 free, round-trip or 24 single journeys during one calendar year, from class I railway, the train of every rank, great for maimed, for war invalids, and for war veterans decorated with orders and medals.
  

War veterans decorated with commemorative Cross Medal of the «second World War 1941-1945», the nedecoraţi, and the war widows are entitled, in the course of a calendar year, to 6 free domestic trip, round-trip, or 12 single journeys by rail, the train of any rank. Generals, officers and other war veterans decorated with commemorative Cross Medal of the «second World War 1941-1945» traveling first class, and the nedecoraţi and war widows, at grade II.
War veterans and war widows who live in rural areas shall be entitled, in the course of a calendar year, to 12 domestic trip, round-trip, free, on means of transport, by rail or by inland waterway through choice.
Within the number of journeys established to design, they can be used for passengers. Advertise transport card can also be used by a spouse or other persons authorised to represent them by rightholders interests based on authenticated proxy, there's no need for the presence of the holder to travel.
Great companions and maimed invalids of I shall enjoy the same rights of free shipping and at the same class as rightholders whose companions are;
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Lit. the article) 16 amended by art. in accordance with law No. 259 of 3 November 2015, published in MONITORUL OFICIAL nr. 825 of 5 November 2015.

b) on transport allowances in common in urban (Metro, tram, trolley bus, bus);
  

c allocation and priority) rental housing from the State housing stock.
  

Public institutions are authorised to sell housing from the State housing stock which they have under management, on-demand, war veterans and war widows they own rental contract.
Rented dwellings of war veterans and war widows, owned by the State, for which he requested the purchase thereof, shall be recorded in the private property of the State, the Government's decision, in accordance with the law;
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Lit. c) art. 16 was amended by section 6 of article. 1 of law No. 303 of 13 November 2007, published in MONITORUL OFICIAL nr. 785 of 20 November 2007.

d) priority in the granting of loans for the construction or purchase of housing in advantageous conditions;
  

e) repealed;
  

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Lit. s) art. 16 has been repealed by section 3 of paragraph 1. (1) article 1. Act No. 502 227 on 8 September 2015, published in MONITORUL OFICIAL nr. 688 out of 10 September 2015.

f) exemption of a telephone subscription, as well as radio and television subscriptions. These exemptions shall apply at the rate of 50%, and surviving widows of war veterans who have not remarried;
  

g) annual grant aid to cover part of the cost of the rent, electricity and heat supply of liquid, solid or gas, where appropriate-for domestic needs, the amount of which is determined in function of the evolution of prices, by decision of the Government, on the basis of proposals from associations of war veterans. Annual aid shall be ensured by the bodies which carried out the payment of indemnities for war veteran, out of funds made available for this purpose from the State budget);
  

h) ensuring free 4 mc firewood or charcoal for the equivalent of the great war-maimed from rural and urban using such fuel;
  

I) insurance facilities to obtain cylinders of the stove;
  

j) free medical care in all medical institutions of civil State or military and providing free drugs in both the outpatient treatments, and hospitalization;
  

k) free treatment tickets in spas, on the basis of the rules set out by the Ministry of national defense, the Ministry of administration and Interior, Ministry of labour, family and social protection and the Ministry of health, within the limit of not less than 4% of the total number of veterans, war widows and widows of war veterans; the equivalent value of the tickets provided by the Ministry of labour, family and social protection, subject to a ceiling of 3% of the number of veterans, their widows and war widows, shall be borne by the funds of the State social insurance budget and is distributed through the houses, and the territorial equivalent value of tickets provided by the Ministry of health, within the limit of not less than 1% of the number of veterans, their widows and war widows , shall be borne by the social insurance fund of health and distributed through health insurance settlements.
  

Of the total number of free tickets are received by the associations of Veterans of war, 10% will be distributed to the widows of war veterans and war widows who have not remarried;
— — — — — — — — — — — — — second subparagraph of subparagraph (c). k) article. 16 was amended by section 6 of article. 1 of law No. 303 of 13 November 2007, published in MONITORUL OFICIAL nr. 785 of 20 November 2007.

l) getting free of the war invalids prostheses which are granted under the agreement framework adopted under the law health social insurance no. 145/1997 *). The same rights and benefits from war veterans, whose state of health has worsened due to the circumstances in which they took part, medical advice;
  

m) 50% discount of the cost of tickets to all performances, and at national celebrations will be 5% of the total reserve seats;
  

n) free access to cultural and sporting events organised by the Ministry of national defence establishments and the MOAI;
  

a) access to the National military circle, in military circles of Garrison, the houses, the homes of Garrison, popotele and restaurants belonging to the Ministry of national defence and Ministry of administration and Interior, as well as recreational places for them in the same conditions as the frames active.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) health social insurance Law No. 145/1997 has been repealed by article 16. 108, para. (1) of the EMERGENCY ORDINANCE nr. 150 of 31 October 2002, published in Official Gazette No. 838 of 20 November 2002. EMERGENCY ORDINANCE No. 150 of 31 October 2002, published in Official Gazette No. 838 of 20 November 2002 has been repealed by article 16. 317, para. (3) of law No. 95 of 14 April 2006, published in MONITORUL OFICIAL nr. 372 of 28 April 2006.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 16 ^ 1 in order to benefit from the facilities provided for in article 10. 16 lit. of those persons) will issue the ticket type card, personalized with your name and social security number of each beneficiary. How to use the model, and the data that will be entered in a travel card to advertise will be determined through guidelines approved by decision of the Government.
The card used is the persons in question had been issued by the National House of health insurance, which will be stored in memory the number of trips to the entitled recipient, number of trips, and their corresponding values.
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Art. 16 ^ 1 was amended by paragraph 2 of article 9. 1 of law No. 211 from November 13, 2012, published in MONITORUL OFICIAL nr. 778 19 November 2012, which amends section 2 of art. II of ORDINANCE No. 8 of 26 January 2011, published in MONITORUL OFICIAL nr. 78 of 31 January 2011.


Article 17 war veterans and war widows sufferers may benefit, upon request and in accordance with the law, in inpatient care and support centres and other social ocrotiri establishments will be set up.
The Ministry of national defense, the Ministry of administration and Interior and the Ministry of labour, family and social protection will take joint measures in order to build, equip and administer care centers and assistance for invalids, war veterans and war widows without families.
Veterans and war widows shall be provided free of charge, if applicable, cremation, burial places in the cemeteries of burial places civil times in civil or military cemeteries. Veterans of war shall be provided with a State funeral with military honours degree, according to the time of his death had, in accordance with the regulations in force for military activity. Religious shall ensure free by chaplains in the military garrisons.
— — — — — — — — — — — —-. 3 of art. 17 has been amended point 7 of article. 1 of law No. 303 of 13 November 2007, published in MONITORUL OFICIAL nr. 785 of 20 November 2007.


Article 18) the rights referred to in art. 16 lit. c), (d)), g), (i)))) and art. 17 para. 3 benefit accidentaţii of war outside the service ordered, who suffered a disability due to the action of the war fighting assets.


Chapter III final provisions article 19 In their activity, veterans and war widows will be supported by the Ministry of national defense and the Ministry of administration and Interior: a) the making available of funds assigned from the State budget for the payment of current and capital expenditures, for activities of the associative structures, those arising from relations with national and international organizations in the field and for the payment of contributions in currencies by international bodies international war veterans associations are affiliated;
  

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Lit. the article) 19 was amended by section 8 of article. 1 of law No. 303 of 13 November 2007, published in MONITORUL OFICIAL nr. 785 of 20 November 2007.

b) ensuring the necessary spaces for offices, meetings and patriotic educational activities and honor the heroes who have sacrificed for motherland;
  

c) providing means of transport with active staff strictly necessary in relation to the number of veterans and war widows.
  


Article 20 Appeals concerning the method of calculating the quality of war veteran and war widow settles administrative courts according to law nr. 29/1990).

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) administrative courts Law No. 29/1990 was repealed by paragraph 1. (2) of article 9. 31 of law No. 554 of 2 December 2004, published in Official Gazette No. 1,154 of 7 December 2004.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 21 EC be granted money Rights under law No. 49/1991 regarding the granting of allowances and bonuses for invalids, veterans and war widows and of this law will be indexed at regular intervals depending on the evolution of prices.


Article 22 the necessary land areas referred to in article împroprietăririlor. 13 care shall be ensured by public authorities from municipalities, towns or communes in which war veterans have their domiciles or other localities where there is land available in those of normal residence, in accordance with the law of the Land Fund No. 18/1991, republished, with subsequent amendments and additions.
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Art. 22 was modified by point 9 of article. 1 of law No. 303 of 13 November 2007, published in MONITORUL OFICIAL nr. 785 of 20 November 2007.


Article 23 in order to cover all expenditure arising from the application of this Act, the necessary funds will support from the State budget, State social insurance budget or local budgets, within the limit of the amounts approved annually Ministry of national defence, Ministry of administration and Interior, Ministry of labour, family and social protection, other specialized bodies of central public administration local times.

Trip by rail is performed based ticket card made available by the Ministry of transportation and infrastructure, at the request of associations legally constituted war veterans. The payment of the cost of travel by rail, inland waterways and inland regions, based on the identity papers of transport card is made by the Ministry of public finances directly to the Ministry of transportation and infrastructure, and the cost of tickets on the means of travel in municipalities and cities shall be borne by the County and local councils.
Ministries and other organs of Central and local public administration, as well as economic operators in those fields of activity will take every measures necessary for the implementation of this law.
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Art. 23 was amended by section 3 of article 9. II of ORDINANCE No. 8 of 26 January 2011, published in MONITORUL OFICIAL nr. 78 of 31 January 2011.


Article 24 entry into force of this law shall be repealed:-provisions concerning the wives of the dead or missing in the war, from art. 5 of Decree No. 245/1977 on pensions I.O.V.R.;
-art. "". (2) and article 3. 8 para. (1) of law No. 49/1991 regarding the granting of allowances and bonuses for invalids, veterans and war widows;
-Government Decree No. 1.065/1990 concerning reductions in tariffs and paraded before travel with rail transportation and automotive granted to invalids and pensioners, war veterans, invalids as a result of participation in the revolution of December 1989, war widows and widows of those fallen in the Revolution, as amended by Government decision No. 233/1991, as well as any other provisions to the contrary.

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