LAW No. 78 of 6 July 1995 on the protection of the personnel and heritage defence production sector ISSUER PARLIAMENT Published in MONITORUL OFICIAL NR. 146 of 12 July 1995, the Romanian Parliament adopts this law.
Chapter 1 General provisions Article 1 the protection of personnel and heritage defence production sector of Romania shall be carried out under the present law.
Article 2 of the defence production sector comprises human resources and heritage of all economic agents, used exclusively for the research, design, construction, marketing, assimilation and repair of weapons, ammunition, equipment, spare parts and other materials associated with the destination specific, necessary military forces national defence system, in times of peace and war.
Article 3 Goods which, by their nature or by a statutory provision, shall be used exclusively within the defence production subject to State property.
Article 4 privately owned businesses are benefiting from the provisions of this Act only for the production of defense capabilities.
Chapter 2 protection of personnel working in the defense production sector in article 5 Staff carrying on an activity in the production sector of the defence has the right to social protection of labour legislation and the conditions of this law.
Article 6 in the case of interruption of the activity of economic agents from the Department of defence production, due to the lack of raw materials or commands, affected employees can remain at the disposal of economic operators accomplishing tasks shall determine, and shall receive an allowance equal to 75% of the last basic monthly salary, including bonus for seniority, from which tax was deducted as provided for by law with the maintenance of the employment contract for a period of not more than 180 working days, during the previous 12 months.
The nomenclature of economic operators of the sectors and occupational categories benefiting from the provisions of paragraph 1. 1 shall be determined annually by the Government.
During the period of the interruption of the activity, the staff affected can be qualified, recalificat or perfected.
Payment of such allowances and expenses of tuition will be made on the basis of the decision of the Government, the unemployment funds constituted according to the law.
Article 7 in the event of interruption of activity under the conditions indicated in article 4. 6, the machines will be maintained in accordance with technical requirements, throughout the duration of the interruption. Employees affected by the interruption of activities will work in other activities or will perform the necessary maintenance, under the leadership of the planning work, volume units not exceeding 75% of the normal working time, according to the compensation received.
Chapter 3 protection of defence production sector heritage Article 8 to coordinate the work of the defense production sector is constituted by the Commission for coordinating the production of Defense, headed by the Secretary of State and Chief of the armed inzestrarii and logistics within the Ministry of national defense.
The composition and powers of the Commission to coordinate Defense Production shall be established by decision of the Government.
Article 9 for the purposes of protecting the heritage defense production sector, it establishes "a general inventory of the defense production sector heritage", hereinafter referred to as inventory.
The inventory includes goods and values, which reflect the value of heritage for defence production.
Technical and technological documentation of products for the production of military technique financed from funds intended for defence is and remains the property of the State and public administration in the Ministry of national defence.
Inzestrarii and Logistics Department of the army, as a methodological and control organ, will submit for approval by the Minister of national defence, within 30 days of the adoption of this law, a draft instruction on how it is prepared, highlight and use the documentation for the production of military equipment.
Article 10 obligation to draw up the inventory of the operators defined in art. 2. In article 11 the inventory is inventory-based up-general every five years and does not replace the current property inventory unit, ordered under other laws of accounting.
The inventory will be centralised in the record of the Commission for coordination of Defence Production.
Article 12 the production Capacities of economic agents with the State-owned defence production sector, subject to State property may be leased or rented, according to the law, only the opinion of the Commission for coordination of Defence Production.
Change the owner of a private production is done with the body that coordinates the activity of defence production sector.
Article 13 For the use efficiency of production capacities temporarily unused remaining businesses in the production of defense can carry other production activities and services, thanks to the work of return basis, according to the law.
Article 14 temporary Modification of the object of activity of the economic agents from the defense production sector, the latters ' association with the physical or juridical persons Romanian or foreign, as well as removing them from the sector, according to the law, the opinion of the Commission for coordination of Defence Production and the Central Office for special problems.
Article 15 the privatisation of businesses have in the structure and production capacity for defence may not affect the integrity of the operation and the level of production on these capacities.
Article 16 production sector Capabilities of Defense which remain unused, but are provided for programs that, if necessary, to resume activity, can preserve for a period longer than one year, with the opinion of the Commission for coordination of Defence Production and the Central Office for special problems and are exempted from paying amortismentelor during conservation.
Article 17 special situations caused by natural disasters, fires or other events of force majeure, which have the effect of removing from service of capacities for the production of military equipment and materials specifically intended for military, Government, through specialized bodies of central public administration and businesses affected, appropriate immediate reactivation of the service.
Article 18 Responsibilities for keeping physical and functional integrity of the inventory of goods production sector, incumbent defense each economic agent, and the Commission for the coordination of Defence Production, for which duties have been laid down.
The Government, through its specialized bodies or persons specifically authorized, shall have control over the defense production sector.
Article 19 Funding activities in the current programs on the modernization, upgrading, conversion, preservation and maintenance of production capacities in the sector of Defense is made from its own sources of economic agents, from budgetary sources or attracted by law.
Article 20 businesses, as well as other legal entities who in the administration or in the service of the State-owned land used for the production of defense equipment, including products intended for military depots and materials specifically intended for military as well as their safety zones established according to the rules, are exempt from the payment of fees for the use of land and buildings tax used for this purpose.
Chapter 4 Sanctions Article 21 the provisions of this law shall entail Infringement, where appropriate, disciplinary, material, administrative or criminal liability of the guilty.
Article 22 Precluding, in whatever form, the control bodies to exercise their powers or nepunerea available acts and documents subject to the control of the defense production sector is punishable by imprisonment from 6 months to 3 years.
Article 23 offences Constitute, if not committed in such circumstances that, according to the criminal law, to constitute the offence, the following facts: (a) inadequate capacity) keeping production in defense or neintretinute;
(b) failure or failure) the opinions referred to in articles 12, 14 and 16 of this law;
neintocmirea or c) partial, inadequate preparation with erroneous data, inventory, and any required situations, in accordance with the law.
Article 24 Offences referred to in articles. 23 lit. ) and (c)) shall be imposed with a fine from 500,000 lei lei, and 1,500,000; (b)) shall be imposed with a fine from 1,000,000 to 3,000,000 lei lei.
Fines can be imposed on legal persons.
Article 25 Offences covered by this law are found and penalties shall apply to persons specifically authorized by the Government.
Article 26 against the report of the evaluation and application of the fine may make complaint to the District Court in which illustrious irregularity, within 15 days from the date of its communication.
Article 27 the provisions of this law relating to the offences, supplemented by legal provisions regarding the establishment and sanctioning violations.
Chapter 5 final provisions Article 28
This law shall enter into force 30 days after its publication in the Official Gazette of Romania.
On the same date shall repeal any provisions to the contrary.
This law was adopted by the Chamber of deputies at its meeting on 26 June 1995, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE this law was adopted by the Senate at its meeting on 26 June 1995, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. O'LEARY GHERMAN — — — — — — — — — — — — — — — — — — — — — — — —