Law No. 80 Of 11 July 1995 Concerning The Status Of Military

Original Language Title:  LEGE nr. 80 din 11 iulie 1995 privind statutul cadrelor militare

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Law No. 80 of 11 July 1995 (* updated *) on the status of the military (updated until 11 April 2014)-PARLIAMENT ISSUING — — — — — — — — — — — — *) form of this updated regulatory action until 11 April 2014 is carried out by the legal department within the S.C. "territorial Center of Electronic Computing" Piatra Neamt by including all the changes and additions brought about by the ORDINANCE No. 73 of 27 august 1999 repealed by ORDINANCE No. 7 of 19 July 2001, rejected the law. 206 of 19 April 2002; EMERGENCY ORDINANCE No. 60 of 26 May 2000 rejected the law. 611 of 31 October 2001; EMERGENCY ORDINANCE No. 69 of 17 May 2001; EMERGENCY ORDINANCE No. 90 of 21 June 2001; Law No. 652 of 20 November 2001; EMERGENCY ORDINANCE No. 182 of 20 December 2001; ORDINANCE No. 88 of 30 august 2001; Law No. 478 of 9 July 2002; EMERGENCY ORDINANCE No. 169 of 27 November 2002; Law No. 516 of 28 November 2003; Law No. 520 of 9 December 2003; EMERGENCY ORDINANCE No. 4 of 26 February 2004; Law No. 286 of 24 June 2004; Decision No. 90 of 10 February 2005; EMERGENCY ORDINANCE No. 60 of 23 June 2005; Law No. 310 of 8 November 2005; Law No. 18 of January 11, 2006; EMERGENCY ORDINANCE No. 9 of 16 February 2006; Decision No. 384 of 4 May 2006; Law No. 81 of 30 March 2007; EMERGENCY ORDINANCE No. 77 of 28 June 2007; Law No. 263 of 16 December 2010; Law No. 53 of 21 April 2011; Law No. 171 of 31 May 2013; Law No. 327 of 5 December 2013; Law No. 255 of 19 July 2013; Law No. 30 of March 27, 2014.
The contents of this act is not an official document, being intended for the information of users *) Note C.T.C.E. S.A. Piatra Neamt: according to paragraph 2. (1) of article 1. The EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001, throughout the law. 80/1995 on the status of the military, with subsequent amendments and additions, the term Sergeant sergenţi, respectively, shall be replaced, for the Ministry of defence, as a corporal, corporals respectively. Ranking coefficient of back pay for military instructors grade V class and sergenţi is that provided for in law No. 138/1999 for Sergeant.
In accordance with paragraph 5 of the annex to ORDER No. 88 of 30 august 2001, published in MONITORUL OFICIAL nr. 544 as of September 1, 2001, law No. 80 of 11 July 1995 on the status of the military, which has been published in the Official Gazette of Romania, part I, no. 155 of 20 July 1995, as amended, is amended appropriately with the provisions of this Ordinance.
Art. The EMERGENCY ORDINANCE nr. 60 of 23 June 2005, published in Official Gazette No. 555 of 29 June 2005 States: "Art. The content of law No. 80/1995 on the status of the military, by reference to art. 36 para. 2 it is understood the reference to art. 36 lit. g) and (h)), by reference to art. 36 para. 2(a) the) reference to art. 36 lit. (g)), and the reference to art. 40 para. 2 it is understood the reference to art. 40 lit. (g)). "
Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 frames for purposes of military law, means the Romanian citizens who have been awarded the rank of officer, salesperson or petty officer, in relation to their military preparation and specialized, as provided by law.
Military frames are in the service of the nation.


Article 2 according to ranks they have military backgrounds, are incorporated in the body of the officer corps, WOS and Corps.
Military ranks in hierarchical order, are: a. non-commissioned staff sergeant: a);
  

b) important;
  

Junior sergeant major c);
  

d) important adjutant;
  

e) important adjutant Chief.
  

B. military Trainees: a) salesperson class IV;
  

b) salesperson class III;
  

c) salesperson class II;
  

d) salesperson class I;
  

e) salesperson.
  

C. Officers: officers of lower grades): sub-lieutenant, Ensign respectively for those in the Navy;
Lieutenant-General;
-Captain;

b) officers with higher ranks: Major-General, Lieutenant-Commander respectively for those in the air force and Navy;
lieutenant-colonel, Commander Captain respectively for those in the air force and Navy;
colonel Commander, respectively, for those in the air force and Navy;

c) generals and admirals, referred to in paragraph 1. paragraph B 2 ^ 1 lit. c);
  

— — — — — — — — — — — — — — c) to paragraph (C) of paragraph 1. 2 of art. 2 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 4 of 26 February 2004, published in Official Gazette No. 220 of 12 March 2004.
Military ranks in hierarchical order in the Ministry of national defense are: a. non-commissioned officers and soldiers and craftsmen: a) salesperson class 5th Sergeant, respectively);
  

b) salesperson class IV, namely sergeant-major;
  

c) salesperson class III, junior Sergeant, respectively;
  

d) salesperson class II, junior sergeant-major, respectively;
  

e) salesperson class, i.e. important adjutant;
  

f) main salesperson, i.e. important adjutant;
  

B. Officers: officers of lower grades): sub-lieutenant, Ensign, respectively, for those in the Navy weapon;
Lieutenant-General;
-Captain;

b) officers with higher ranks: Major-General, Lieutenant-Commander, respectively, for those in the gun and navy gun;
lieutenant-colonel, Commander, Captain respectively for those in aviation and marine gun gun;
colonel Commander, respectively, for those in the gun and navy gun;

c) generals and admirals: Brigadier general-with a star, namely general aviation flotilla-with a star, for those in aviation weapon and Rear Admiral of the fleet-with a star, for those in the Navy weapon;
-major-general-with two stars, respectively, versus-two-star Admiral, for those in the Navy weapon;
-lieutenant general-with three stars, respectively vice-amiral-with three stars, for those in the Navy weapon;
-four star general, respectively, with four-star Admiral, for those in the gun. (Para. 2 ^ 1) — — — — — — — — — — — —-. 2 ^ 1 of art. 2 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001.
*) Note C.T.C.E. S.A. Piatra Neamt: according to paragraph 2. (1) of article 1. The EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001, throughout the law. 80/1995 on the status of the military, with subsequent amendments and additions, the term Sergeant sergenţi, respectively, shall be replaced, for the Ministry of defence, as a corporal, corporals respectively. Ranking coefficient of back pay for military instructors grade V class and sergenţi is that provided for in law No. 138/1999 for Sergeant.
In addition to these degrees, for exceptional military merits during wartime, the President of Romania may grant the generals of the military rank of Marshal, which is the highest rank.


Article 3 the rank is a right holder and represents the recognition of the social plan of BSNL. The degree of officer, salesperson and petty officer cannot lose only in the cases and under the conditions provided by law.


Article 4 military Frames can reside in one of the following situations: a) in activity, when occupying a military function. The quality of pharmacist in activity is maintained while they are released from functions to follow different forms of training in the interests of the service, as well as when they are made available: the purpose of classification or passage in the book or in withdrawal; for cases of illness were established by a decree of the Government; While they are in captivity.
  

May be officers, non-commissioned soldiers or foremen in individuals who have their residence in Romanian citizenship and country;
— — — — — — — — — — —-. paragraph 2 of the article). 4 was amended by article in law No. 286 of 24 June 2004, published in Official Gazette No. 586 of 30 June 2004.

b) in reserve, when not occupying a military function, but meet the conditions stipulated by law to be called on to perform military service as conscripted reservists or mobilize, and if necessary, as military cadres in the activity;
  

c) retired, when, according to the law, can no longer be called upon to fulfil military service.
  


Article 5 Officers, foremen and enlisted in the military are military professionals. The profession of military officer, Petty Officer or petty officer is an activity designed to ensure the functioning, improving and directing the military in times of peace and war.
Access to the profession, as well as subsequent developments in the military hierarchy are based on the principles and rules laid down in this law. In their application, for the military Ministry of national defence military career guide should be prepared and approved by the Government.
— — — — — — — — — — — —-. 2 of art. 5 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001.


Article 6 in the exercise of their duties according to law and military regulations, military officers and enlisted instructors are invested with the exercise of official authority, enjoying protection according to the criminal law.
Military frames. 2 (2). 2 paragraph C lit. c) and paragraphs 1 and 2. paragraph B 2 ^ 1 lit. c) have the status of State officials in the performance of functions provided for in the Romanian League with general/similar, without the benefit of rights conferred by this quality.
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Paragraphs 1 and 2. 2 of art. 6 was introduced by section 1 of article. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Chapter 2 rights and Duties article 7 military Duties, rights and liberties of the military are those established by the Constitution of Romania, the country's laws and of this Statute.
The profession of officer or petty officer, Petty Officer military activity involves additional charges, and the prohibition of restriction of some times rights and freedoms under the law.


Section 1 Duties Article 8 the following Frameworks have military duties: a) be fair devoted to the Romanian State and its armed forces, to fight for the defense of Romania, if necessary until the sacrifice of life, to respect and defend the values of constitutional democracy;
  

b) comply with the military oath and military regulations, execute precisely and on time orders the commanders and chiefs, being responsible for how they meet the missions entrusted to them. The military cannot order and it is prohibited to perform acts contrary to the law, the customs of war and international conventions to which Romania is a party; non-execution of orders under these circumstances does not attract criminal liability and civil subordinates;
  

c) cherish the honor and glory of the struggle of the armed forces of Romania, firearm and the unit to which they belong, as well as the dignity of the degree and military uniform worn;
  

d) to improve their vocational training, provide thorough training and education of subordinates and to defend their rights;
  

e) to take action to ensure proper maintenance and maintaining readiness in the weaponry and technology and for the use and management of the property;
  

f) keep strictly secret, State and military service, as well as the confidential nature of certain activities and documents.
  

Military frames in activity are required to participate in missions outside the territory of the Romanian State, depending on the requirements of the Ministry of national defence, for the fulfilment of the obligations assumed by Romania through international conventions and treaties.
— — — — — — — — — — —-. 2 of art. 8 was introduced by section 2 of art. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
Exception can be made, on request, from the provisions of paragraph 1. 2 military framework that are experiencing hardship and family fall into one of the following situations: a) forming a monoparental family;
  

b) întreţinător family is unique, your child/brother/father;
  

c) one or both parents are invalids of degree I and II, irrespective of age, and has no other brothers or sisters who are major job or still has brothers or sisters, but they may not contribute to maintenance of parents because they are students or students at educational institutions are military invalids of degree I and II these times a sentence involving deprivation of liberty;
  

d) husband is seriously ill, employed in the grade I or II invalidity;
  

e) both spouses or siblings would participate in the Mission during the same period and do not express their consent to do so;
  

f) in the event of natural disasters.
  

— — — — — — — — — — —-. 3 of art. 8 was introduced by section 2 of art. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Section 2 Rights Article 9 Frames in military activity are entitled to: a) result of monthly result of degree, result, graduations and other allowances, and bonuses, prizes, bonuses and other pecuniary rights, whose amounts shall be set by decision of the Government;
  

b) equipment, nutrition, nursing, medicine, housing, free, paid sick leave and medical exemptions, subject to the conditions laid down in the judgment of the Government;
  

c) discounts or exemptions from income tax and the amount of the rent and other aid, according to regulations in force *);
  

d) free shipping documents for making rest or leave if reassignment from a garrison to another, according to the regulations in force;
  

e) bearing by the Ministry of national defense of the amounts needed to ensure legal assistance to military personnel for acts committed by them in the exercise, according to the law, the job duties, under conditions laid down by order of the Minister of national defence.
  

— — — — — — — — — — — — the letter s) art. 9 was introduced by point 3 of article 1. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
— — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: according to art. 86 from ORDER No. 73 of 27 august 1999, published in Official Gazette No. 419 of 31 august 1999, the date of entry into force of this Ordinance are hereby repealed the provisions of art. 9 lit. c) regarding discounts or exemptions from income tax and of art. 10 concerning the reduction of the income tax Act No. 80/1995 on the status of the military, which has been published in the Official Gazette of Romania, part I, no. 155 of 20 July 1995. ORDINANCE No. 73 of 27 august 1999, published in Official Gazette No. 419 of 31 august 1999 was repealed by ORDINANCE No. 7 of 19 July 2001, published in MONITORUL OFICIAL nr. 435 from august 3, 2001. ORDINANCE No. 73 of 27 august 1999, published in Official Gazette No. 419 of 31 august 1999 was rejected by law No. 206 of 19 April 2002, published in Official Gazette No. 275 of 24 April 2002.

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Art. 10 has been repealed by article 16. 86 from ORDER No. 73 of 27 august 1999, published in Official Gazette No. 419 of 31 august 1999, due to the removal of the provisions relating to the reduction of income tax under this article.


Article 11 — — — — — — — — — — — —-. 1 of art. 11 was repealed by the letter r) of art. 196, Cap. X of law No. 263 of 16 December 2010, published in MONITORUL OFICIAL nr. 852 of 20 December 2010.
— — — — — — — — — — — —-. 2 of art. 11 was repealed by the letter r) of art. 196, Cap. X of law No. 263 of 16 December 2010, published in MONITORUL OFICIAL nr. 852 of 20 December 2010.
Military retirement decorated with the order of military merit "class III, II and I receive a raise of 10%, 15% and 20%, respectively, of the amount of the pension.


Article 12 military activity Frameworks are entitled to pursue higher education military or civilian, postgraduate, doctorate or other forms of professional development training, in compliance with legal norms.


Article 13 military activity in Frames can be sent to study abroad through the competition, with the approval of the Minister of national defence.
Military activity in frames that have graduated from military academies and schools, courses or other training abroad enjoys full employment and promoting the proper functions of the country studies with which they have been acquired diplomas in equated the law and military regulations.


Article 14 In peacetime, military activity frameworks are entitled to annual leave, annual leave extra activity at workplaces with special conditions-harmful, heavy or dangerous — and the holidays.
Rules regarding the length of rest and leave, leave extra rest and holidays, as well as cash compensation of paid rest month shall be determined by decision of the Government.


Article 14 ^ 1 In peacetime, military activity frameworks are entitled to leave without pay for a maximum period of 4 years, in the following situations: a) asked to pursue their wife or husband sent abroad by the Ministry of Foreign Affairs, other ministries, autonomous administrative authorities, organs or other institutions of central public administration to fulfil a mission of permanent diplomatic missions abroad at consular offices or at other agencies, national structures and commands in the framework of international organizations of which Romania is a part, for a period exceeding 6 months;
  

b) were selected to occupy posts of expert hired temporary structures within the international organizations of which Romania is a part, based on the approval of the Minister of national defence.
  

For other cases, duly motivated, in military activity are entitled to leave without pay, for a fixed period not exceeding one year. the Leave referred to in paragraph 1. 1 and 2 are approved by the Minister of national defence or the commanders set for it.
The Minister of national defence may extend the duration of such leave without pay provided for in paragraph 1. 1 and 2 by a maximum of one year. during the period of leave without pay granted under paragraph 1. 1 or 2 frames are suspended from military functions and do not enjoy any rights from the Ministry of national defense, except the one concerning the use of residence, where it is available.
The period of leave without pay does not constitute the establishment of pension service, the activity for granting honorary Sign in the service of the fatherland and/or for the grant of the next tick mark.
In the situation referred to in paragraph 1. and (b). paragraphs 1 and 2). 2 when in the degree we have military backgrounds are taken into account for a period of 3 fourths of sick leave without pay.
In the situation referred to in paragraph 1. and (b). (b)), to establish the training camp in the degree we have military backgrounds are taken into account for the entire duration of the leave without pay.

Upon the termination of the leave without pay, the institution is obliged to appoint a military framework on vacant or to make available for the purpose of classification.
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Art. 14 ^ 1 was introduced by paragraph 4 of art. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 15 Women, military cadres in activity are entitled to maternity leave and benefits from breaks for feeding and child care, as well as other rights provided by law for women employed in public administration.
Military frames in activity, men and women, are entitled to parental leave and parental benefit up to the age of 2 years and, in the case of children with disabilities, up to the age of 7 years, under the conditions provided for by the laws in force.
— — — — — — — — — — —-. 2 of art. 15 has been amended by section 5 of art. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
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Art. 15 has been amended by article in law No. 18 of January 11, 2006, published in MONITORUL OFICIAL nr. 38 of 16 January 2006.


Article 16 Frames in activity that attended the day of the institutions of higher education shall receive, in place of the resting holidays, vacations, according to the educational programs of the institutions concerned and the order of the Minister of national defence.


Article 17 in order to resolve personal or family situations, military activity, as well as those in the book, while concentrated or military units deployed in, may be granted furloughs.
Length serves and commanders who are entitled to approve shall be determined by regulations.


Article 18 time for furloughs, exemptions and medical leaves shall not be deducted from the annual leave entitlement or resting holidays.


Article 19 In a State of war and mobilization, as well as in special circumstances determined by the Minister of national defence, rest, leave, holidays, and vacations will be suspended, in military activity being obliged to attend military units to which they belong, in the shortest possible time.
— — — — — — — — — — —-. 1 of art. 19 was amended by section 6 of article. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
While it takes war or States of military mobilization, and those in the book, concentrates and mobilized, may be granted furloughs and holidays according to the order of the Minister of national defence.

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Art. 20 it was repealed by section 2 of art. From the EMERGENCY ORDINANCE nr. 4 of 26 February 2004, published in Official Gazette No. 220 of 12 March 2004.


Article 20 ^ 1 activity called military Frames in the first function in the interests of the service or moved to a different time than the one in which they have their habitual residence and who do not hold private dwelling in that garrison nor they nor their wives or husbands, where cannot ensure appropriate living space, are entitled to a monthly compensation for the rental of up to 50% of the result.
Military frames in the first function called in or moved to the interests of the service in a garrison in domiciles, but who don't have private dwelling, neither they nor their wives or husbands, where cannot ensure appropriate living space may, in duly substantiated cases, on the basis of the results of the survey conducted by the Social Committee established by order of the Minister of national defence , monthly rent compensation, referred to in paragraph 1. 1. on the proposal of the commanders or their respective military chiefs.
The amount of concrete conditions and compensation thereof shall be established by decision of the Government on the proposal of the Minister of national defence.
Military wives or husbands moved in the interest of the service to another garrison, who were placed in work and have ceased operations due to the move together with their husbands or wives, are entitled to a monthly allowance of 50% of the monthly service of the military that we have followed, until a new employment or to the provision of an authorised gainful activities but not more than 9 months from the date of the transfer of the military framework.
Monthly allowance referred to in paragraph 1. 4 benefit husbands or wives who, on the date of the transfer of the military that followed were listed as unemployed at the employment agencies of the County labor or Bucharest, but only after the law expires, the term of payment of unemployment allowance.
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Art. 20 ^ 1 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 4 of 26 February 2004, published in Official Gazette No. 220 of 12 March 2004.


Article 21 Officers, WOS and commissioned work and those in reserve, focus or mobilized into military units must be granted compensation for disability or death produced as a result of military action, through accidents, catastrophes or other such events that took place during and due to military service or missions within the framework of the international peacekeeping force intended for the humanitarian times.
The amount of the compensation shall be paid to what has become invalid frames, survivors of deceased ones respectively, shall be determined by decision of the Government.
— — — — — — — — — — — —-. 3 of art. 21 was repealed by the letter r) of art. 196, Cap. X of law No. 263 of 16 December 2010, published in MONITORUL OFICIAL nr. 852 of 20 December 2010.
Upon request, military personnel employed in the grade III disability or limited for apt ranked military service by medical expertise commissions, during or in connection with the performance of service duties can be maintained or recalled in activity in military functions in civilian functions times without examination or competition, in institutions of the system of defence, public order and national security under the terms laid down by order of the institution.
— — — — — — — — — — —-. 4 of art. 21 was introduced by section 1 of article. in accordance with law No. 30 of March 27, 2014, published in MONITORUL OFICIAL nr. 255 of 8 April 2014.


Article 22 military Frames and their families to enjoy, as far as social welfare facilities, established by order of the Minister of national defence, in the use of rest homes, sanatoria, hostels of garrison and other recreational and sports facilities.
Expenditure arising from the implementation of these measures will be borne by the budget of the Ministry of national defense.


Article 23 family members in military activity: enjoy free health care and medicines) within the network health of Ministry of national defence and other health networks, with reimbursement by the Ministry;
  

(b) the transport document), when the officers, enlisted soldiers or foremen are moved in the course of their work from a garrison to another.
  

Military family members in benefit of the survivor's pension, as well as other rights in accordance with the legal provisions.
The death of a military activity, the Ministry of national defence shall grant to the family of the person who has incurred costs of death, where appropriate, additional aid in the amount of non-taxable monthly two solde.


Article 25 Children in military activity, died during the service, as a result of military action, accident, disaster or acts of exceptional devotion or of tasks within international forces destined for peacekeeping for humanitarian purposes set up times, can be transferred to military schools or educational institutions in forming military trainees soldiers and non-commissioned officers on the basis of an aptitude test, the results obtained in civil institutions teaching and teaching according to the rules approved by the Minister of national defence.
Children of military personnel posted or unfit for military service apt limited by medical expertise commissions or, as the case may be military, died during or in connection with the performance of job duties can be enrolled, upon request, without examination in educational institutions of the institutions of the system of defence, public order and national security, if they meet the conditions laid down by law.
— — — — — — — — — — —-. 2 of art. 25 was introduced by section 2 of art. in accordance with law No. 30 of March 27, 2014, published in MONITORUL OFICIAL nr. 255 of 8 April 2014.
Dependent children of military personnel posted unfit or apt for military service had been limited by the boards of medical expertise, where appropriate, military times, died during or in connection with the performance of job duties, as well as his wife and husband times may be appointed or employed in military functions in civilian functions, without examination of the time in the institutions of the system of Defense , public policy and national security, if they meet the conditions laid down by law.
— — — — — — — — — — —-. 3 of art. 25 was introduced by section 2 of art. in accordance with law No. 30 of March 27, 2014, published in MONITORUL OFICIAL nr. 255 of 8 April 2014.
By order of the institution shall establish the conditions and procedure for applying the provisions of this article.
— — — — — — — — — — —-. 4 of art. 25 was introduced by section 2 of art. in accordance with law No. 30 of March 27, 2014, published in MONITORUL OFICIAL nr. 255 of 8 April 2014.


Article 26


Military officers and enlisted instructors in reserve and retired, retired military men, are entitled to free health care and medicines under the conditions of art. 23 para. and (b). a) and have access to military circles, rest homes, convalescent homes, homes of garrison and other recreational and sporting facilities, benefiting from the exemptions laid down by order of the Minister of national defence.
The same rights also benefit officers, foremen and enlisted in the military reserve and retired, former military retirees disability benefits due to accidents in service times of diseases contracted during and due fulfilment of military obligations, which subsequently opted for a pension from the State social insurance system. military family members and retired military personnel, retirees, receive free medical assistance under the terms of art. 23 para. and (b). Article 27 a). The book or directly to the withdrawal, the military that have at least 20 years of military service and have distinguished themselves through their activity, and those who brought the fatherland special services, even if you don't have an age of 20 years of military service, may be granted the right to wear his military uniform.
The criteria for the granting and withdrawal of such right, as well as situations in which military frames specified in paragraph 2. 1 can wear military uniforms shall be established by military regulations.
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Art. Amended 27 of point 7 of article. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Section 3 of the Prohibition or restriction of the exercise of certain rights and freedoms Article 28 military activity is forbidden to exercise the following rights: a) to be part of the political parties, political organizations or parties to carry on propaganda by any means or other activities in their favor or independent candidate for public office;
  

b) to run to be chosen in local public administration and Parliament, and in the Office of President of Romania;
  

c) to declare or to participate in the strike.
  


Article 29 the military activity is restricted in the exercise of certain rights and freedoms, as follows: a) political opinions can be expressed only in out of service;
  

b) of some publicly expressing opinions contrary to the interests of the Romanian armed forces is not allowed;
  

c) conditions under which military activity frameworks will be able to submit public military intelligence will be established by order of the Minister of national defence;
  

d) adherence to religious groups is free, less those that, according to the law, contrary to the rules of public order, as well as to those who violate morals or affects the exercise of the profession;
  

(e) the establishment of different forms) in association with a professional character, technical-scientific, cultural, sports, recreational, charitable or-except for those that contravene trades union times unique order, order and discipline-specific institution is permitted under the conditions laid down in the regulations.
  

— — — — — — — — — — — — the letter s) art. Amended 29 of the sole article of Act No. 478 of 9 July 2002, published in Official Gazette No. 537 of 23 July 2002.
— — — — — — — — — — — — the letter f) of art. 29 it was repealed by section 1 of article in law No. 81 of 30 March 2007, published in MONITORUL OFICIAL nr. 236 of 5 April 2007.

g) attendance at rallies, processions, demonstrations or political meetings, Times-Union is prohibited, with the exception of the activities to which they participate in the mission;
  

h) frameworks in military activity may move abroad in conditions which shall be determined by order of the Minister of national defence.
  


Article 30 military Officers and enlisted instructors at work have an obligation not to carry out activities contrary to dignity, prestige, and rules of conduct arising out of their frames.
Military activity are forbidden: a) to fulfil functions other than those in which they are placed, with the exception of the cumulation provided for by law, under conditions laid down by order of the Minister of national defence;
  

(b)) to be the sole, or participate directly in the administration or the leadership organizations times company, except for those named on the boards of public corporations and companies under the Ministry of national defence, defence industry or in connection with this.
  


Article 31 Officers and enlisted soldiers, taken place in reserve, while are concentrated or mobilize in military units, may remain members of political parties, political organizations or parties, and trade unions to which they belong, but they are prohibited from carrying out any political activities in unionist or military units.


Section 4 of the Rewards and sanctions Article 32 for acts of heroism, courage and dedication in the performance of tasks carried out, as well as for the difference in the performance of their duties, the officers, WOS and the officer may confer decorations and honorary titles.
The activity and meritorious results, the military be allowed to confer medals and military orders.
For the performance of service duties exemplary, WOS and officers, non-commissioned officer may grant pecuniary rewards.


Article 33 For deviations from military discipline, failure to fulfil their duties, violation of the rules of military conduct, the rules of social cohabitation, WOS and officers, non-commissioned officer may apply the following sanctions: disciplinary warning; written reprimand; relegation; the postponement of the submission of the next rank at 1-2 years.
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Art. 33 was amended by section 8 of article. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 34 the rewards shall be paid, and the disciplinary sanctions shall be applied according to military regulations.


Article 35 For defending the honor of the military and avoid abuses and prosecuting irregularities, serious research or other similar acts committed by them in the army, set up councils and boards.
Honorary councils shall be formed in each unit, and the Councils at the central organs of the Ministry of national defence, major categories of States forces of army, the headquarters of the army and the Corps, as well as other similar levels laid down by order of the Minister of national defence.
The Organization and functioning of the councils and the Councils of the Court shall be determined by regulations.


Chapter 3 the origin of officers, WOS and 36 non-commissioned Officers in the Article come from the activity: a) graduates with Bachelor of military educational institutions for the training of officers, with the exception of those referred to in article 1. 37 lit. c);
  

b) graduates of the year IV of the military institutes of higher education with duration of studies of more than 4 years;
  

c) graduates of the educational institutions of the military of other States, similar to those referred to in points. of the studies), sent by the Ministry of national defence;
  

d) reserve officers who have advanced proficiency tests and meet all the other conditions laid down by order of Ministers or heads of institutions components of the system of national defence, public order and national security, in order to call or recall the activity;
  

— — — — — — — — — — — —-Letter d) art. 36 amended by law No. unique article. 310 of 8 November 2005, published in Official Gazette No. 998 of 10 November 2005, which amended section 1 of article. From the EMERGENCY ORDINANCE nr. 60 of 23 June 2005, published in Official Gazette No. 555 of 29 June 2005.

e) and non-commissioned soldiers and craftsmen at work, graduates with Bachelor of civil institutions of higher education, with appropriate military specialties, which have a maximum age of 35 years;
  

f) and non-commissioned military instructors who, in time of war, meeting at least 3 months with great results and good functions intended to be framed with officers in military units that are in the area of military actions;
  

g) individuals who have promoted tests of skill and fulfil the other conditions laid down by order of Ministers or heads of institutions components of the system of national defence, public order and national security and are encouraged with a Bachelor's degree of higher education institutions. For calling in, certain weapons or military specialties and services, laid down by order of Ministers or heads of the institutions concerned, the men must have been found by military service;
  

h) craftsmen at work, soldiers and non-commissioned officers, graduates with a Bachelor's degree of military institutions of higher education.
  

The Ministry of administration and Interior persons referred to in paragraph 1. and (b). s) may be entered in the Corps regardless of age.
— — — — — — — — — — — —-. 2 of art. 36 was introduced by section 1 of article in EMERGENCY ORDINANCE No. 9 of 16 February 2006, published in MONITORUL OFICIAL nr. 184 of 27 February 2006.
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Art. 36 [original paragraph 1] was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 60 of 23 June 2005, published in Official Gazette No. 555 of 29 June 2005.


Article 37 the Officers coming from: a) officers in the past;
  


b) graduates with Bachelor of civil institutions of higher education who fulfilled his military service with a reduced term in relation to the needs of the armed forces and with the results obtained from the examination on completion of the competition supported military preparedness;
  

c) graduates of the educational institutions for the training of military officers, schooled at the request of the civil aviation and Navy or other beneficiaries;
  

d) foremen soldiers and non-commissioned officers in the reserve, which, in time of war, meeting at least 3 months with great results and good functions intended to be framed with officers in military units that are in the area of military actions;
  

e) graduates with Bachelor of civil institutions of higher education or, if necessary, you have, with baccalaureate degree often equivalent schools, diploma, with appropriate military specialties with low profile in National Defense Ministry, which had a maximum age 35 years. Men must have fulfilled the military service;
  

f) students of educational institutions for the training of military officers who were promoted last year, in a situation where I can no longer continue the preparation, but they are suited for military service. Not be granted Officer grade exmatriculaţi students.
  


Article 38 Instructors in military activity come from: graduates with diploma of) do you have educational institutions for the training of WOS, except those referred to in article 1. 39 lit. b);
  

b) non-commissioned work, younger than 45 years old, who had an internship of at least 5 consecutive years of operating functions, maintenance and repair of military equipment, have passed the examination of the body of the WOS and fulfil the other conditions laid down by the provision of the General staff;
  

(c) the military trainees) who promoted tests of skill and fulfil the other conditions laid down by order of the Minister of national defence, in order to call or recall activity.
  


Article 39 the military Trainees come from: a) foremen in past military reserve;
  

b) graduates with Bachelor of military educational institutions for the training of WOS, schooled at the request of the civil aviation and Navy or other beneficiaries;
  

c) persons aged not more than 45 years of age, who have a high level of technical training or post-secondary in military specialties are deficient;
  

d) reserve non-commissioned officers who graduated from schools of foremen in specialties required for the armed forces.
  


Article 40 Enlisted in activity coming from: a Bachelor's degree) graduates with educational institutions for the training of military non-commissioned officer;
  

b) military contract employees who promoted tests of skill and competition or exam supported for this purpose and they fulfil the conditions laid down by order of the Minister of national defence;
  

c) reserve NCO who promoted tests of skill and fulfil the other conditions laid down by order of the Minister of national defence, in order to call or recall the activity;
  

d) graduate who, in time of war, meet with good results, at least three months, intended to be framed with non-commissioned officers in military units that are in the area of military actions;
  

e) military contract employees who have completed the NCO training course under the conditions laid down by order of the Minister of national defence;
  

f) military employees on a contract basis, post-secondary graduates corresponding specialty of specialties: military, for which there are no organized training courses on the Department's direct and indirect;
  

g) individuals who have promoted tests of skill and fulfil the other conditions laid down by order of Ministers or heads of institutions components of the system of national defence, public order and national security and which have upper secondary level training, post-secondary or higher. For calling in, certain weapons or military specialties and services, laid down by order of Ministers or heads of the institutions concerned, men should have fulfilled his military service.
  

-------------
Art. 40 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 60 of 23 June 2005, published in Official Gazette No. 555 of 29 June 2005.


Article 41 Enlisted in the book come from: a) graduates of the educational institutions for military training as a reserve officer;
  

b) non-commissioned officers in the past;
  

c) graduates of the civil institutions of higher education who fulfilled his military service with a reduced term in relation to the needs of the armed forces and with the results obtained from the examination on completion of the competition supported military preparedness;
  

d) students of educational institutions for the training of military officers who have at least the first year of studies, in a situation where I can no longer continue the preparation, but they are suited for military service. Not be granted the rank of Petty Officer students exmatriculaţi;
  

e reserve), graduate in following a concentration drill, were skilled in military specialties needed in the armed forces, for the role of non-commissioned officers;
  

sergenţi * f)) in which, during the last six months of military service, have met with good results and great functions intended to be framed with officers or non-commissioned officers;
  

g) graduate who, in time of war, meeting at least 3 months with good results and very good functions intended to be framed with officers or non-commissioned officers in military units that are in the area of military actions;
  

h) graduates from high schools, vocational schools often a school equivalent to the requirements of the armed forces. Men must have fulfilled the military service.
  

— — — — — — — — — — — —-letter h) of art. 41 amended by section 5 of art. From the EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001.
*) Note C.T.C.E. S.A. Piatra Neamt: according to paragraph 2. (1) of article 1. The EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001, throughout the law. 80/1995 on the status of the military, with subsequent amendments and additions, the term Sergeant sergenţi, respectively, shall be replaced, for the Ministry of defence, as a corporal, corporals respectively. Ranking coefficient of back pay for military instructors grade V class and sergenţi is that provided for in law No. 138/1999 for Sergeant.


Article 41 ^ 1 persons to become military frames, pursuant to article. 36 para. and (b). the-c)), of art. 38 lit. He and art.) 40 para. and (b). the acceptance of), in an educational institution for the training of military officers, WOS or commissioned work, concludes with the National Defense Ministry contracts with a term of 8 years from their appointment in the first function.
Under the conditions laid down in article 21. 36 para. and (b). d) and (e)), art. 38 lit. b) and (c)), as well as at art. 40 para. and (b). b) and (c)) the persons concerned, before following a course of training officers, non-commissioned officers or instructors in military activity, according to the military career Guide, concluded with the Ministry of national defense contracts with duration of 4 years.
After expiry contracts may be renewed, depending on the option of the parties, for successive periods of up to four years, according to rules approved by order of the Minister of national defence.
Military frames that have a length as an officer, military officer or petty officer in at least 15 years old can conclude contracts with the Ministry of national defense until the fulfillment of the age in grade.
Six months before the expiry of the contract the parties are bound to get încunoştinţeze each other of the intention to renew it.
In the event that prior to the expiry of the military withdraws from the contract frameworks be established under art. 85 paragraph 4. and (b). h), they are required to notify the Ministry of national defense with at least 30 days prior to, and in the case of the first contract military frames are required and to reimburse expenditure on maintenance and training during schooling, in proportion to the remaining unfulfilled contract period.
— — — — — — — — — — —-. 6 of art. 41 ^ 1 was modified by point 9 of article. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
The same requirement for the reimbursement of expenses for maintenance and training at the time of enrollment, if the military returns are entered in the reserve of the Ministry of national defense, according to art. 85 paragraph 4. and (b). I)-l), art. 87 and 88, before expiry of the first contract.
— — — — — — — — — — —-. 7 of art. 41 ^ 1 was modified by point 9 of article. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
The Ministry of national defence 9,300 military frames prior to the expiration of contracts, according to art. 85 paragraph 4. and (b). (e)), or upon the expiry of contracts, according to art. 85 paragraph 4. and (b). e ^ 1), on the initiative of the Ministry of national defense, they benefit from social protection measures in accordance with the legal provisions.
Contracts may be terminated by agreement of both sides in a situation where the military backup is made according to art. 85 paragraph 4. and (b). f) and (g)). In these cases the parties have obligations to each other.
Notwithstanding the provisions of paragraph 1. 1 Aviation, flight crew completed the Ministry of national defense contracts with duration of 12 years from their appointment in the first function.
------------

Paragraphs 1 and 2. 10 art. 41 ^ 1 was introduced by paragraph 10 of article 10. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
Detailed rules for the refund of the costs of maintenance and training schooling time specified in paragraph 2. 6 and 7 will be approved by order of the Minister of national defence.
— — — — — — — — — — —-. 11 article. 41 ^ 1 was introduced by paragraph 10 of article 10. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
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Art. 41 ^ 1 was introduced by paragraph 6 of article 19. From the EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001.


Article 42 retired military Cadres come from: a) the officers or in reserve, and military instructors and non-commissioned officers in the reserves, which exceeded the age limit in the grade for class III in the book referred to in article 1. 86 para. (4);
  

— — — — — — — — — — — — the letter a) to article 1. Amended 42 of point 11 of article 1. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.

b) officers and non-commissioned soldiers, craftsmen at work, or in reserve, the runners-up of the medical expertise commissions "unfit for military service, with removal from the register".
  


Article 43 the transition from military activity directly in reserve or retired, as well as the call from the activity shall be made as follows: the admirals and generals), by the Decree of the President of Romania, at the recommendation of the Minister of national defence;
  

(b)) other officers, by order of the Minister of national defence;
  

c) instructors and enlisted soldiers, by order of the Minister of Defence established by commanders.
  

Cannot be called in the military to which frames have been awarded degrees in reserve under article. 37 lit. (e)) and have graduated from a civil institution of higher education, as well as on the basis of art. 39 lit. c). must have Enlisted has granted the degree on the basis of art. 41 lit. e), f) and h) may be called at work, under the conditions fixed by order of the Minister of national defence, if they have not reached the age of 45 years.


Article 44 withdrawal from the military records of the officers, WOS and commissioned in reserve and switch their retreat is done as follows: the admirals and generals), by order of the Chief of the General staff;
  

(b)) other officers, by order of the commanding officer established by General Chief of staff;
  

c) instructors and enlisted soldiers, by order of the military commanders of the County centres, municipal or district.
  


Chapter 4 the granting of degrees and military advancement in following Article 45 degrees to grant degrees in the following grades are made as follows: (a)) grades of general and Admiral in the activity and, in times of peace and in time of war, by the Decree of the President of Romania, at the recommendation of the Minister of national defence, after consultation with the Ministry;
  

b) officers in the ranks of activity, except as provided in (b). a), in time of peace, by order of the Minister of national defence;
  

c) grades of officers in reserve, with the exception of those referred to), in time of peace, by order of the Chief of the General staff;
  

d) in time of war, to grant the degree of second lieutenant and the Lieutenant and captain in the activity or are carried out by Chief Grand commanders established Headquarters, and in those with higher ranks officers, Chief of the German General Headquarters;
  

e) ranks and non-commissioned soldiers and craftsmen at work, in times of peace and in time of war, by order of the Minister of national defence or the commanders established by it;
  

f) degrees of foremen and non-commissioned soldiers in reserve in times of peace and in time of war, by order of the Minister of Defence established by commanders.
  


Article 46 the granting of degrees of officers, non-commissioned officers and soldiers and craftsmen at work, as well as the grades of their usually once a year, the date fixed by order of the Minister of national defence.
To grant degrees to those referred to in article 1. 36 para. and (b). c), (e)), f) and subparagraph (c). g), art. 38 lit. (b)) and art. 40 para. and (b). b) and d) and lit. g) can be done throughout the year.
— — — — — — — — — — — —-. 2 of art. 46 was modified by art. The EMERGENCY ORDINANCE nr. 60 of 23 June 2005, published in Official Gazette No. 555 of 29 June 2005 by replacing the reference to the art. 36 para. 2(a) the reference to articles 81 and 82). 36 lit. g) and the reference to the art. 40 para. 2 with reference to art. 40 lit. g). Submission of WOS and officers, non-commissioned officer ranks in the next activity, under the conditions laid down in article 21. 63, the dates laid down by order of the Minister of national defence, and in those referred to in article 1. 64, and to call or recall of the military in reserve can be done throughout the year.


Article 47 the ranks of officers, non-commissioned officers and soldiers and craftsmen in the book shall be paid as follows: a) once a year-the ones referred to in art. 37 lit. c) and (e)), art. 39 lit. b), c) and (d)) and art. 41 lit. e) and (f));
  

(b) the completion date) in preparation for the military or passage in the book of those referred to in article. 37 lit. b) and (f)) and art. 41 lit. a), c) and (d));
  

c) throughout the year to those referred to in article. 37 lit. (d)) and art. 41 lit. g) and (h)).
  

The advance in the ranks of officers, WOS and reserve commissioned officer is made as a rule once a year, the date fixed by order of the Minister of national defence, and under the conditions laid down in article 21. 64, throughout the year.


Article 48 the ranks of second lieutenant and Ensign are granted to those referred to in article 1. 36 para. and (b). a), b), c), and (f)) and art. 37 lit. b), c), (d)) and (f)).


Article 49 shall be granted to Lieutenant WOS and the officer referred to in art. 36 para. and (b). e). Article 50 degree salesperson class IV is granted to those referred to in article 1. 38 lit. ) and art. 39 lit. b). The body of WOS, those referred to in article 1. 38 lit. (b)) and art. 39 lit. d) are granted the ranks of Petty Officer, in relation to military ranks of petty officer that you have thus: the salesperson) degree of class III, plutonierilor;
  

b) degree of salesperson class II major plutonierilor;
  

c) rank of Petty Officer 1st class military, plutonierilor adjutanţi;
  

d) senior military rank of Petty Officer, Chief plutonierilor adjutanţi.
  

In order to be granted the ranks of 1st class salesperson, salesperson, respectively the main enlisted as referred to in paragraph 1. 2(a) c) and (d)) should promote and examination for salesperson class i. those that does not promote this exam may be given military rank of Petty Officer second class, or may remain with the rank of Petty Officer.
WOS from the officer corps and to whom they were granted degrees under the conditions laid down in paragraph 1. 2, at the level they consider stage had the last rank of Petty Officer.
The Ministry of national defense to those referred to in article 1. 38 lit. ) and art. 39 lit. b) are granted the rank of Petty Officer second class military.
— — — — — — — — — — — —-. 5 of art. 50 was introduced by point 7 of article. From the EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001.


Article 51 the rank of sergeant major is granted to those referred to in article 1. 40 para. and (b). a), b) and (d)) and art. 41 lit. a), c), (d)) and (f)).
The Ministry of national defense to those referred to in article 1. 40 para. and (b). a), b) and d) and in article 8. 41 lit. a), c) and (f)) are granted the rank of Sergeant).
— — — — — — — — — — — —-. 2 of art. 51 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001.
*) Note C.T.C.E. S.A. Piatra Neamt: according to paragraph 2. (1) of article 1. The EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001, throughout the law. 80/1995 on the status of the military, with subsequent amendments and additions, the term Sergeant sergenţi, respectively, shall be replaced, for the Ministry of defence, as a corporal, corporals respectively. Ranking coefficient of back pay for military instructors grade V class and sergenţi is that provided for in law No. 138/1999 for Sergeant.
The Ministry of administration and Interior, which become article military cadres. 40 lit. b) given military ranks depending on preparation, length of service, minimum grade of stages and their age.
— — — — — — — — — — — —-. 3 of art. 51 was introduced by section 2 of article in EMERGENCY ORDINANCE No. 9 of 16 February 2006, published in MONITORUL OFICIAL nr. 184 of 27 February 2006.


Article 52 the persons referred to in art. 36 para. and (b). g) and (h)), art. 36 para. 2, art. 37 lit. e), art. 39 lit. c), art. 40 lit. g) and art. 41 lit. e), g) and (h)) are given military ranks depending on their training, length of service in the specialty received on time studies, reported in placements in grade, as well as their age.
The Ministry of administration and Interior, the persons referred to in art. 36 para. and (b). e), g) and (h)) are granted the rank of sub-lieutenant.
— — — — — — — — — — —-. 2 of art. 52 was introduced by item 12 of article. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
Notwithstanding the provisions of paragraph 1. 2 degrees can be granted, depending on the length of the corresponding specialized studies completed the tasks from the job description.
------------

Paragraphs 1 and 2. 3 of art. 52 was introduced by item 12 of article. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
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Art. 52 [originally with para. 1] was amended by section 3 of the article in EMERGENCY ORDINANCE No. 9 of 16 February 2006, published in MONITORUL OFICIAL nr. 184 of 27 February 2006.


Article 53 the degree of military cadres can be done within the time limits, or in exceptional cases, and those in reserve, or in exceptional cases.
The degree of the officers, WOS and commissioned in reserve and is done in the order of hierarchical ranks in relation to the needs and possibilities of the armed forces, on the basis of professional competence and moral conduct, recorded in assessments.
To the degree of the officers, priority will be given to those who through professionalism and outstanding results obtained, through culture, personality, spirit of initiative and the prospects of higher functions meet and have an even greater degree.
Throughout their military careers, military activity may qualify a maximum of two advances in rank ahead of schedule and/or exceptionally, except those carrying out special missions or outside the national territory.
— — — — — — — — — — —-. 4 of art. 53 was introduced by the pct, article 13. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 54 In peacetime, military officers and enlisted instructors at work will be nominated in the term, in compliance with the provisions of art. 53, if you meet the following conditions: and) have fulfilled the minimum qualifying period in grade; 94 and 95 or complete this internship during the calendar year concerned;
  

b) were appreciated throughout the period of the internship a minimum degree, and those who have overcome this stage, and in the year of filing of the precursory to the degree, at least with the qualifier "appropriately"; the years in which they were given lower ratings does not count in the calculation of the minimum degree of the traineeship.
  

— — — — — — — — — — —-. 2 of art. 54 was repealed by point 14 of article. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 55 *) to be proposed to the degree, officers in activity must be employed at least one year before the date on which you make the grade in înaintările functions laid down in the Member States of the organization with the higher degree you have.
Students officers courses of higher education institutions are considered employed in functions laid down in the Member States of the organization with degrees higher than those that we have.
— — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: according to paragraph 2. (2) of article 9. The EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001, as amended by paragraph 4 of article in law No. 652 of 20 November 2001, published in MONITORUL OFICIAL nr. 773 of 4 December 2001, the provisions of art. 55, 58, 63 and 64 of the law nr. 80/1995 on the status of the military, as well as any other provisions which are contrary to the provisions of this Ordinance shall not apply to emergency in the Ministry of national defense. Paragraphs 1 and 2. (2) of article 9. The EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001 has been repealed by article 16. II of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 56 in times of peace, for the furtherance of the officers, WOS and commissioned into service in some degree, in addition to the conditions laid down in article 21. 54 and 55, are still asking the following: a. in the ranks of petty officer first class and important military adjutant-have passed the examination of grade;
B. in the ranks of major and Lieutenant-Commander: a) have completed a course of training in speciality, established by order of the Minister of national defence. Are exempt from this condition:-graduates with a Bachelor's degree at the Academy of High military studies of the time of other military institutions of higher education of the same level, as determined by order of the Minister of national defence, military educational institutions equivalent to them from other countries, as well as civil institutions of higher education;
-students who promoted officers for at least the first year of studies at the Academy of High military studies, or the years I-III of military studies at other institutions of higher education, as defined by the order of Minister of national defence, as well as the officers of the students who have promoted the same year course in military educational institutions of other States;

b) have an internship regardless of weapons and military specialties, at least 3-5 years in positions at units, up from Echelon (similar) regiment, including the labourer or military institutions and the productive units. The training period for each weapon and military echelons and similar specialized Regiment will be established by order of the General staff.
  

Is exempt from compulsory traineeship at căpitănii military units which fulfil functions in other military specialties than those of the command and general staff, as determined by the Chief of the General staff's disposal.
C. In the ranks of colonel and Commander, to meet the cumulative conditions of studies, as well as that relating to the minimum stage units, referred to. a), b) and (c)): a) have graduated with a Bachelor's degree at the Academy of High military studies or other military institutions of higher education of the same level in the country or abroad, established by order of the Minister of national defence, or a civil institution of higher education;
  

b) have graduated from courses for the degree of capacity of colonel or commander. Admission to this course is done on the basis of the exam. Are exempt from this condition lieutenant-colonels and Captain comandorii who hold a PhD or have graduated from a postacademic education or post graduate in the country or abroad, established by order of the Minister of national defence;
  

c) have an internship, on weapons and military specialties, from 6-8 years to units and large units up to Army Corps or similar. The training period for each weapon and specialized military and similar large echelons units up to Army Corps Echelon will be established by order of the General staff.
  

Is exempt from compulsory internship at military units, lieutenant-colonels and a captain-comandorii fulfilling functions in other military specialties than command and staff, established by order of the General staff.


Article 57 Profiles corresponding to undergraduate studies from civil institutions of higher education which entitle officers graduates from these institutions to be nominated in the ranks. 56 para. 1 paragraphs (B) and (C) shall be determined in relation to officers or military specialties with the functions they fulfil, by order of the Minister of national defence.
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Art. Amended 57 of point 15 of article 2. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


58 *) in times of peace, for the granting of degrees of brigadier general, general aviation fleet and Rear Admiral, in addition to the conditions laid down in article 21. 55 paragraph 1. 1 the colonels and comandorii should promote exam provided for this purpose.
Can I attend the exam for obtaining the degree of general colonels and comandorii which satisfy the following conditions: a) were appreciated in the last 5 years with a mark of at least "very good";
  

b) have a length of at least 2 years;
  

— — — — — — — — — — — —-b) of paragraph 1. 2 of art. 58 was amended by section 1 of article in law No. 520 of 9 December 2003, published in Official Gazette No. 872 of 9 December 2003.

c) are employed in functions laid down in the Member States of the organization with the grade of brigadier general, similar or superior.
  

— — — — — — — — — — — —-. 2 ^ 1 of art. 58 it was repealed by section 2 of article in law No. 520 of 9 December 2003, published in Official Gazette No. 872 of 9 December 2003.
To be nominated in the next grade, generals and admirals should be distinguished by a high professionalism, remarkable results in carrying out duties and be entertained with at least one year before the date on which the înaintările in grad, the functions laid down in the Member States of the organization with the higher degree you have.
Candidates for the exam for obtaining the degree of general as well as generals who are proposed for the following degree shall be subject to the approval of the Supreme Council of national defence by the National Defence Minister, with prior consultation of the Ministry.
— — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt:

In accordance with paragraph 1. (2) of article 9. The EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001, as amended by paragraph 4 of article in law No. 652 of 20 November 2001, published in MONITORUL OFICIAL nr. 773 of 4 December 2001, the provisions of art. 55, 58, 63 and 64 of the law nr. 80/1995 on the status of the military, as well as any other provisions which are contrary to the provisions of this Ordinance shall not apply to emergency in the Ministry of national defense. Paragraphs 1 and 2. (2) of article 9. The EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001 has been repealed by article 16. II of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 59 the lieutenant-colonels and a captain-comandorii can be detached at the capacity of the colonel or commander from the first year of internship in degree, usually in the order of priority of such promotions, those who expire in degree stage. In the case of nepromovare, graduation exam of the course can support once again, after at least one year, military Instructors class II major plutonierii and can sustain the exam grade with effect from last two years minimum internship in degree and, in the case of nepromovare, you can sustain over time, after at least one year are exempt from examination of the major plutonierii who promoted until the entry into force of this law.
The rules for the participation of the colonels and comandorilor examination for the rank of general, lieutenant-colonels and Captain comandorilor in the capacity as well as the WOS class II major plutonierilor and exam grade, organizing and conducting them shall be determined by order of the Minister of national defence.


Article 60 In times of war, military officers and enlisted instructors at work, as well as those in the backup are expensive in military units, may be proposed in the next grade if they have reached the minimum qualifying period in grade, have fulfilled the tasks and have executed what missions have been entrusted, without forcing compliance with the other conditions laid down for times of peace.
Officers and enlisted soldiers, taken place referred to in paragraph 1. 1, which are distinguished in the performance of the tasks may be proposed in the next degree and prior to fulfilling the minimum traineeship in degree.
The advance in grade officers under the conditions of paragraph 1. 1 and 2 shall be carried out within the limits of the requirements laid down in the Member States of the organization.


Article 61 In peacetime, military officers and enlisted instructors in reserve can be nominated in the next degree, in relation to the needs of the armed forces, after the expiration of the internship a minimum degree if they have a dignified demeanor, have achieved good results and very good concentration and time have been proposed through the appraisals.


Article 62 In peacetime, for increasing the ranks of colonel and Commander, in addition to the conditions laid down in article 21. 61, the officers must have graduated with a Bachelor's degree, a military institution of higher education.
Shall be exempt from the provisions of paragraph 1. 1 civil institutions graduates of higher education which, in the mobilization, are employed on the functions provided with the corresponding studies of the subject in which they are prepared.


Article 63 *) officers, foremen and enlisted in military activity that are distinguished by the way of the fulfilment of duties, training and dignified demeanor can be nominated in the next degree and before expiry of the minimum traineeship in degree, if up to date when you make such advances have fulfilled at least half the stage in question, with strict observance of all other conditions, except those referred to in article 1. 56 para. 1 paragraphs A, B and C lit. c) are not subject of referral. the degree under the terms of paragraph 1. 1: a) sublocotenenţii and aspirants;
  

b) officers, foremen and enlisted soldiers who were convicted of criminal or that, since their last submission in grad, has been sanctioned as a result of the decision of the honorary councils or boards.
  

— — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: according to paragraph 2. (2) of article 9. The EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001, as amended by paragraph 4 of article in law No. 652 of 20 November 2001, published in MONITORUL OFICIAL nr. 773 of 4 December 2001, the provisions of art. 55, 58, 63 and 64 of the law nr. 80/1995 on the status of the military, as well as any other provisions which are contrary to the provisions of this Ordinance shall not apply to emergency in the Ministry of national defense. Paragraphs 1 and 2. (2) of article 9. The EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001 has been repealed by article 16. II of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 64 *) officers, foremen and enlisted in the military and in the book that, in performing missions or in other situations, accomplishing feats of heroism and acts of courage can be nominated in the next degree, exceptionally, both in times of peace and in time of war, even if they do not meet the conditions laid down in article 21. 54-56 and 61.
— — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: according to paragraph 2. (2) of article 9. The EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001, as amended by paragraph 4 of article in law No. 652 of 20 November 2001, published in MONITORUL OFICIAL nr. 773 of 4 December 2001, the provisions of art. 55, 58, 63 and 64 of the law nr. 80/1995 on the status of the military, as well as any other provisions which are contrary to the provisions of this Ordinance shall not apply to emergency in the Ministry of national defense. Paragraphs 1 and 2. (2) of article 9. The EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001 has been repealed by article 16. II of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 65 Lieutenant-Colonels and Captain comandorii in the activity which it has lapsed in the stage, but could not be nominated in the degree while they were at work, whereas they were not employed by function provided with degrees corresponding to those from which were to be advanced, the book or directly to the withdrawal by applying art. 85 lit. a)-(e)) will be proposed in the next degree and passed directly in reserve or retired with the new degree, provided they meet the other conditions prescribed by this law.


Article 66 — — — — — — — — — — —-. 1 of art. 66 was repealed by section 2 of art. 1 of law No. 516 of 28 November 2003, published in Official Gazette No. 861 of 4 December 2003.
— — — — — — — — — — —-. 2 of art. 66 was repealed by section 2 of art. 1 of law No. 516 of 28 November 2003, published in Official Gazette No. 861 of 4 December 2003.
Colonels and comandorilor activity, which have a length of at least 5 years and have been employed in this period of at least 3 years in the functions laid down in the Member States of the organization with the rank of general or similar and have been appreciated in the last 3 years with notation "very good", the book or the withdrawal may be granted the rank of brigadier general with a star and general aviation flotilla with a star or Rear Admiral of the fleet with a star, and will be listed in the book or in retreat with the new grade.
— — — — — — — — — — —-. 3 of art. 66 was amended by section 2 of article in law No. 81 of 30 March 2007, published in MONITORUL OFICIAL nr. 236 of 5 April 2007.
The provisions of paragraphs 1 and 2. 3 do not apply to those listed in the book or in retreat by applying art. 85 lit. e ^ 1)-l), art. 87 and article. 88. — — — — — — — — — — — —-. 4 of art. 66 was introduced by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001.


Article 67 on the occasion of major events evocation history of Fatherland and the Romanian armed forces, military officers and enlisted instructors in retreat, exceptionally, can be passed to the next grade; colonels and comandorilor may be granted the rank of general, and senior plutonierilor WOS adjutanţi heads may be granted the rank of sub-lieutenant.
Advancement in grade, i.e. the granting to those referred to in paragraphs 1 and 2 degree. 1, should be made by the Decree of the President of Romania), for generals and admirals, on the proposal of the Minister of national defence, after consultation of the Ministry;
  

b) order of the Minister of national defence for the other officers, non-commissioned officers and soldiers for foremen.
  


Article 68 Officers, foremen and enlisted soldiers who have sacrificed their lives performing acts of exceptional devotion will be nominated posthumously into the next grade, and colonels and comandorilor will be granted posthumous rank of general.
WOS, gradaţilor and non-commissioned officer, the soldiers who have sacrificed their lives in the same conditions may be granted posthumously the rank of sub-lieutenant.
Advancement in grade, i.e. the granting of degree in these situations is made throughout the year in accordance with the provisions of article 7. 45. Chapter 5 military Degradation, removal and resumption of the military records of the officers, WOS and commissioned Article 69 shall apply to the military Degradation, under criminal law, the military activity in the reserve and retired, sentenced to the penalty of military degradation best; by court order.


Article 70


Military officers and enlisted instructors at work, and retreating, which approved the renunciation of Romanian citizenship or have acquired another nationality and have settled abroad, shall be removed from the military records.


Article 71 military Officers and enlisted instructors referred to in art. 69 and 70 shall be removed from the military records: a) by order of the Chief of the General staff, those who have had degrees of generals and admirals;
  

b) by order of the Commander's Chief of staff set by the General, who had degrees of officers, non-commissioned soldiers or foremen.
  


Article 72 if there is another judgment, according to which the payment or no longer apply the death penalty, the military degradation best; the ones in question are military records resume in scoring through the order had those who ordered the removal from the register. In this situation, while were reduced shall be included in the calculation in grade, and frames may required by military court of moral and material redress for damage what has been brought up.
Officers and enlisted soldiers, foremen to whom it has been applied to military and degradation that have been pardoned or pardoned by military degradation best; penalty, as well as those who have been rehabilitated resume in military records and, in relation to the needs of the armed forces, they can play any rank, up to and including grade had.
Military frames in the book who regained Romanian citizenship and previously had been removed from military records, can be entered in the register, the repatriation.
Playing the degree pursuant to paragraph 1. 2 should be made by the Decree of the President of Romania), for generals and admirals;
  

b) order of the Presidential General staff, for the other officers, non-commissioned officers and soldiers and craftsmen.
  

Playing the degree as a result of amnistierii, pardon or rehabilitation does not, in law, to recall the activity and time have been reduced shall not be taken into calculation in grade and seniority of military cadres.


Chapter 6, employment promotion and Appreciation of military Article 73 shall be drawn up military service feedback.
Appreciation service constitutes the only document the professional competence, moral quality, prospects of promotion and development, which military officers and enlisted instructors are nominated in the next grade.
Appreciation of the military service of the work is done at regular intervals and in the cases determined by the Minister of national defence.
The military shall be drawn up in the year service feedback in to be admitted to the grade.
The methodology of drawing up assessments of service in times of peace as well as the system of assessment in time of war shall be determined by order of the Minister of national defence. Appreciation is expressed to one of the following qualifiers: "exceptional", "very good", "appropriate", "mediocre" or "inappropriate".


Article 74 the classification officers, WOS and commissioned officer positions shall be made taking into account the needs of the armed forces, the competence and moral conduct.
The appointment of officials should be respected the principle that military officers and enlisted instructors should not be subservient to others with degrees lower. Exceptions to this principle can make the frames which have no military higher education specialist and which is subject to those who have such training, as well as military frames belonging to the Ministry of Interior, Romanian Intelligence Service, the foreign intelligence service, the Special Telecommunications Service, Ministry of Justice and the protection and Guard Service.
— — — — — — — — — — — —-. 2 of art. 74 was amended by article in EMERGENCY ORDINANCE No. 69 of 17 May 2001, published in MONITORUL OFICIAL nr. 263 of 22 May 2001.
The employment officers in the functions will keep into account the experience gained from the military hierarchy, with promotion, as a rule, or at the next higher echelons.
To determine the skills and knowledge required for employment, officers in certain positions were established by order of the Minister of national defence, will use testing times will organize exam or contest. Conditions for their studies, work experience and other functions criteria necessary for the employment and promotion of officers in some functions shall be determined by order of the Minister of national defence.


Article 75 military Frames are called functions laid down in the Member States of the organization with a degree equal to or greater than those that we have. Powers of appointment shall be fixed by order of the Minister of national defence.
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Art. 75 was amended by paragraph 16 of article. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 75 ^ 1 Selecting the military from the Ministry of national defense for appointment to the positions laid out in the States of organization with higher grade than that which you have is made by selection committees set up for this purpose, according to the military career Guide, and in situations which require the adoption of urgent measures, the military may be called in the functions similar to those held or top them by order of the Minister of national defence.
— — — — — — — — — — —-. 1 of art. 75 ^ 1 has been changed from point 17 of article. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
The frames of the Ministry of national defense, military cannot be called functions laid down in the Member States of the organization with lower degrees of those that we have. Exceptionally căpitănii and maiorii in the age of up to 42-year-old can be maintained or appointed positions provided for in organization States with lower degrees to those who have them, until 31 December 2003.
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Art. 75 ^ 1 was introduced by the pct, article 12. From the EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001.


Article 76 Moving military activity from one unit to another and change of functions within the same units is carried out once a year, except in special situations established by order of the Minister of national defence.


Article 77 military activity Frameworks can be deployed to other units for the performance of tasks or to follow a form of refresher training for a period of not more than one year, the time may be extended, with the approval of the Minister of national defence, up to a maximum of 2 years.
During posting, the military remain classified in functions and military units were deployed and all legal rights.


Article 77 the ^ 1 task in military Frames the Ministry of national defence may perform temporarily the duties of a vicarious, other vacancies or whose holder is absent for a period exceeding one month, under the conditions laid down by order of the Minister of national defence for a period of up to six months, the period which may be extended with the approval of the Minister of national defence until not more than one year during his duties, functions have been delegated military professionals have obligations and rights appropriate to their respective functions.
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Art. 77 ^ 1 was introduced by the pct, article 18. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 77 ^ 2 Ministry of National Defence Staff can be detached in bodies and international organizations, in accordance with the legislation in force.
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Art. 77 ^ 2 was introduced by section 1 of article. in accordance with law No. 171 of 31 May 2013, published in MONITORUL OFICIAL nr. 320 3 June 2013.


Article 77 ^ 3 military and civilian Personnel shall receive compensation for cases of disability, and their family members who under the law are entitled to survivor's pension, for cases of death, produced as a result of military action, through accidents, catastrophes or other such events that took place during the service. Detailed rules for determining and granting damages is regulated by the order of the institution.
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Art. 77 ^ 3 was introduced by section 1 of article. in accordance with law No. 171 of 31 May 2013, published in MONITORUL OFICIAL nr. 320 3 June 2013.


Article 78 depending on Appointment and dismissal in military units, with the exception of public functions in which the appointment is made according to the law, as well as posting the military under the conditions of art. 77 shall be made, in times of peace and in time of war, in accordance with the competences established by order of the Minister of national defence.
The appointment provided for in organization States with grades of general corps, general commander, Commander and superior viceamiral thereof is done with Higher opinion of national defence.
Empowerment or the cessation of military activities empowerment of the Ministry of national defence shall be carried out in accordance with the powers established by order of the Minister of national defence.
— — — — — — — — — — —-. 3 of art. 78 was introduced by the pct, article 19. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 79 the employment and promotion of officers of Justice is done according to their specific regulations.
The employment and promotion of officers in the didactic functions are carried out according to the provisions of this law and the regulations applicable to military educational institutions.
Military doctors and pharmacists are granted professional degrees in accordance with legal norms.



Article 80 Căpitănii, lieutenant-colonels and a captain-comandorii to be nominated in the next degree, must graduate from one of the forms referred to in article preparation. 56 para. 1 paragraphs B and C, respectively, but by the end of the internship a minimum have not graduated, cannot hold functions laid down in the State organization with degrees higher than those that we have.


Article 81 Officers in activity may be appointed in lower functions of degrees you have, in the following situations: a) when changes in the Organization of States, or in case of reorganization of the army;
  

b) in exceptional cases, at the request of the officers or when proposed by assessments, for duly justified reasons;
  

c) when they are punished with relegation.
  

In the circumstances referred to in paragraph 1. and (b). b) and (c)), the officers can be appointed to positions by way of derogation from the provisions of art. 74 para. 2. Appointment functions under the conditions laid down in paragraph 1. and (b). b) and (c)) is made with the approval of the Minister of national defence or the commanders set for it.


Article 82 the situation of officers, WOS and commissioned work that are put at their disposal, shall be settled as follows: a) for those placed at their disposal for the purposes of classification or the passage times, within a maximum period of 3 months. In exceptional cases, with the approval of the Minister of national defence, this time limit may be extended by another three months at the most. While it is in this situation, those concerned fulfil the tasks set by the commanders of military units to which they are available;
  

b) for those who put in the cases of the disease were established by a decree of the Government, upon expiry of the internment and medical treatment for sick leave, without exceeding the maximum period required by the regulations in force for employees in the public administration. Military frames restored will be called, and those whose illness is maintained shall be entered, as appropriate, reserve or retired, entitled according to the law;
  

c) for fallen ones in captivity, not later than 3 months after the return to the country. During this period, the Special Commission established by the President of the General staff, will investigate the conditions fall into captivity and the behaviour of those concerned during it. Depending on the outcome, those found innocent will be employed in functions, and those guilty of acts that fall within the scope of the criminal law will be passed.
  


Article 83 Officers, foremen and enlisted soldiers are part of the weapons or military specialties and services have, in relation to the preparation of their professional profile.
Classification of weapons and military specialties, services shall be established by the Chief of staff is available.


Article 84 Crossing officers, WOS and commissioned from a weapon, military service or other specialist can perform, in relation to the needs of the army, after obtaining appropriate training through one of the following forms: a), graduating with a Bachelor's degree, a military Academy or a civilian institutions of higher learning with the appropriate profile weapons, services and necessary military specialties of Army military educational institutions for the training of officers , by those who have not had this level studies;
  

b) completion of a course of refresher training or training lasting at least three months, followed by a practical training uninterrupted for at least 2 years in new weapons, military or specialized service, during which have been appreciated with distinction at least "good".
  

Foremen and enlisted soldiers can be discharged from a firearm, military or specialized service to another and through an examination of degree, if before its support have an internship at least 2 virtually uninterrupted years in the new weapon, military or specialized service, during which they were appreciated with the qualifier at least "good".
Military officers and enlisted instructors pass out a weapon, military service or another specialist by order of Minister of Defence established by commanders.


Chapter 7, Passage directly in reserve or retired military personnel Article 85 Officers, foremen and enlisted in military activity may be registered directly in reserve or retired, as appropriate in the following situations: a) the standard retirement age for old age;
  

— — — — — — — — — — — — the letter a) to paragraph 1. 1 of art. Amended 85 of pct article 20. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.

b) are graded "unfit for military service" by the medical expertise commissions, except where there was retention pursuant to article. 21. (4);
  

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Lit. b) of paragraph 2. 1 of art. 85 amended by point 3 of article 1. in accordance with law No. 30 of March 27, 2014, published in MONITORUL OFICIAL nr. 255 of 8 April 2014.

c) are ranked "apt limited" by medical expertise commissions, except where there was retention pursuant to article. 21. (4);
  

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Lit. c) of paragraph 2. 1 of art. 85 amended by point 3 of article 1. in accordance with law No. 30 of March 27, 2014, published in MONITORUL OFICIAL nr. 255 of 8 April 2014.

d) having reached the age limit in degree;
  

e) when, as a result of reorganization of units and reduction of some State functions, there are possibilities to be employed in the other functions or units, as well as for other reasons or needs of the Ministry of national defence;
  

e ^ 1) at the expiry of the contract under the conditions of art. 41 ^ 1, if one of the parties does not agree with its renewal;
— — — — — — — — — — — —-e ^ 1) para. 1 of art. 85 was introduced by the pct, article 13. From the EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001.

f) to be appointed in public office, civil, noting to be listed in the book;
  

g) on request, for duly substantiated reasons;
  

h) by resignation;
  

I) when manifest carelessness in the performance of duties and tasks or in improving their military preparation and specialized;
  

^ 1) when does not promote physical training scales, under the conditions fixed by order of the institution;
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Lit. ^ 1) para. 1 of art. 85 was introduced by section 2 of art. in accordance with law No. 171 of 31 May 2013, published in MONITORUL OFICIAL nr. 320 3 June 2013.

j) when committed serious infringements of the provisions of the military regulations or other laws;
  

k) when, for an offence committed through negligence, were applied by court order the suspension of the sentence under supervision of the fine, as well as in cases when you have benefited from amnesty or pardon before the beginning of the sentence;
  

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Lit. k) of paragraph 1. (1) of article 1. 85 was amended by section 1 of article. 33 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

l) when provisions art. 4A. of paragraph 1.) 2 and art. 29 lit. f);
  

m) in the case of neavizării in order to receive the authorization for access to classified information or certificate security, withdrawal times where those documents are not revalidated for reasons attributable to the military framework in accordance with the law;
  

— — — — — — — — — — —-Letter m) of para. 1 of art. 85 was introduced by the pct, article 21. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.

n) after making available under the law as a result of limiting the level of access to classified information when not identified a function corresponding to the degree held with the provision of access to classified information included in the job description at the level granted after limitation.
  

— — — — — — — — — — —-letter n) of paragraph 1. 1 of art. 85 was introduced by the pct, article 21. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
The passage in the book or in withdrawal from Office, under the conditions laid down in paragraph 1. and (b). a), b), d), (e)), f), i ^ 1))) and n), at the initiative of the Councils, under the conditions laid down in paragraph 1. and (b). I) and (j)), and, in other circumstances, at the initiative of the commanders of units made.
— — — — — — — — — — —-. 2 of art. Amended 85 of section 3 of article 9. in accordance with law No. 171 of 31 May 2013, published in MONITORUL OFICIAL nr. 320 3 June 2013.
Commanders report regarding the passage of the military under the conditions laid down in paragraph 1. and (b). h) moving about hierarchical, together with the report of the resignation, those in whose jurisdiction fall under art. 43, passing in the book. Pending the submission of the order book, those concerned are obliged to fulfill the tasks they are assigned functions, as well as all duties delegated to them.
In time of war, mobilisation, the State of siege and State of emergency military frames do not pass through the resignation.
The officers operations have reached the age limit in the grade for class III, as referred to in art. 86 para. 4, and the frames that were classified military medical unfit for military service «with removal from register» pass directly into retreat, by applying one of the provisions of paragraph 1. 1 in relation to the reasons for changing the situation.
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Paragraphs 1 and 2. 5 of art. 85 pct was amended by article 23. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
Military frames cannot be entered in the reserve as a result of the presentation of his resignation during the execution of the tasks referred to in article 1. 2 of law No. 42/2004 concerning the participation of the armed forces to missions outside the territory of the Romanian State, with subsequent amendments, as well as during the execution of the other missions abroad.
— — — — — — — — — — —-. 6 of art. 85 was introduced by paragraph 24 of article. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 86 age limits the degree to which military frames can be maintained in the activity are the standard retirement age for old-age benefits provided for in the pensions and social insurance legislation governing the public pension system for institutions in the field of national defence, public order and national security.
Age limits the degree to which the generals and admirals can be kept in activity are: a) for brigadier general with a star, namely general aviation flotilla with a star, for those in aviation weapon, and Rear Admiral of the fleet with a star, for those in the Navy weapon-56 years;
  

b) to major general with two stars, two-star Rear Admiral, respectively, for those in the Navy weapon-57 years;
  

c) to lieutenant general with three stars, with three stars viceamiral, respectively, for those in the Navy weapon-58 years old;
  

d) to 4-star general, respectively, with four star Admiral for the Navy weapon-59 years of age.
  

— — — — — — — — — — —-. 2 of art. 86 was amended by paragraph 4 of art. in accordance with law No. 171 of 31 May 2013, published in MONITORUL OFICIAL nr. 320 3 June 2013.
The age limits under paragraph 1 degree. 2 are smaller than the standard retirement age for old-age benefits provided for in the pensions and social insurance legislation governing the public pension system for institutions in the field of national defence, public order and national security, generals and admirals are kept in activity until the age standard.
— — — — — — — — — — —-. 2 ^ 1 of art. 86 was introduced by section 5 of art. in accordance with law No. 171 of 31 May 2013, published in MONITORUL OFICIAL nr. 320 3 June 2013.
The provisions of paragraphs 1 and 2. 2 apply exclusively to the National Defense Ministry and the Interior Ministry.
— — — — — — — — — — —-. 2 ^ 2 of art. 86 was introduced by section 5 of art. in accordance with law No. 171 of 31 May 2013, published in MONITORUL OFICIAL nr. 320 3 June 2013.
Generals and admirals within the Romanian Intelligence Service, the foreign intelligence service, the Special Telecommunications Service and the protection and Guard Service are kept in activity after the standard retirement age, up to the age of 60 years, or are passed into reserve, upon request, under the laws in force.
— — — — — — — — — — —-. 2 ^ 3 of art. 86 was introduced by art. in accordance with law No. 327 of 5 December 2013, published in MONITORUL OFICIAL nr. 762 9 December 2013.
In relation to the needs of employment, may be kept in military activity after standard retirement age until the age of 60 years, with the annual approval of the institution.
— — — — — — — — — — —-. 3 of art. 86 was amended by section 6 of article. in accordance with law No. 171 of 31 May 2013, published in MONITORUL OFICIAL nr. 320 3 June 2013.
Age limits the degree to which military frames can be maintained in the register are 55 years of age for the first grade, 60 years for class II and 63 years for class III.
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Art. 86 pct was amended by article 25. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 87 Officers, foremen and enlisted soldiers convicted in court through the jail with its execution, and those convicted of offences committed with intent to jail suspended with a fine pass directly in reserve or retired.
Military frames in activity through the remaining Court sentenced definitively to jail with its execution shall be recorded as a reserve or retired from Office.
— — — — — — — — — — —-. 2 of art. 87 was introduced by the pct, article 26. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
Military frames in activity in the Ministry of national defense convicted for offences committed with intent or criminal penalty fine by imprisonment, suspended graţiate times, before the beginning of the sentence or in respect of which it was willing to postpone the application of the death penalty, can be entered directly in reserve or in withdrawal times may be maintained in the activity, on the basis of proposals submitted to the hierarchical commanders/chiefs who have established skills in this regard , by order of the Minister of national defence.
— — — — — — — — — — —-. (3) art. 87 was amended by paragraph 2 of article 9. 33 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 88 Officers, foremen and enlisted soldiers in the activity for which the Councils have established that the court violated the provisions of art. 28 and 30 paragraph 1. 2 pass directly in reserve or retired.


Article 89 Judgment concerning the retention of the military sent to court for committing offences shall be taken after the final resolution of the case.
Military frames in activity in the Ministry of national defence shall be suspended for the period during which, being in remand, are prosecuted, sent to court or are judged by the courts. During the period of suspension from Office, military officers and enlisted instructors do not enjoy any rights from the Ministry of national defense.
Notwithstanding the provisions of paragraph 1. 2, military, period of suspension from Office may receive the right provided for in article 10. 9 lit. (e)) and the right of use of the home service.
Military frames in activity in the Ministry of administration and Interior, Romanian intelligence service, the Special Telecommunications Service and the protection and Guard Service be made available when they are sent to court or are judged by the courts of the State of liberty for acts in connection with the exercise of the functions to which they are assigned.
The Ministry of national defense, military activity is made available when cookies are sent to court or are judged by the courts of the State of liberty for acts in connection with the exercise of the functions to which they are assigned, only the Court Councils and proposal of the unit commanders.
Military frames made available subject to the conditions laid down in paragraph 1. 4 and 5 meet the tasks set out in writing by the commanders of the units to which they belong and shall enjoy rights corresponding to the extent of money that you have, at a minimum, as well as other rights established in military activity in accordance with the legal provisions.
Where payment has been ordered, the cessation of the criminal process, waiving the application of the death penalty, the times ranking waiving prosecution, military backgrounds who have been suspended from Office under the terms of paragraph 1. 2 and that were available under the terms of paragraph 1. 4 and 5 are reused from the date proposed rights suspension from Office or from the date of implementation, as appropriate, including the position held previously or one equivalent, and will receive all what rights they would be granted in the period have been suspended, i.e. made available, according to the legal norms in force on the date of reîncadrării.
— — — — — — — — — —-. (7) article. 89 was amended by section 3 of article 9. 33 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
Military frames convicted by final judgment to a remaining prison sentence with its execution that were previously suspended pass in the book starting from the date of the suspension.
Military who have committed acts which have started criminal proceedings against or in respect of which they have been sent to court may apply disciplinary sanctions only after the resolution of the case by the parquet or by the Court. During this time the disciplinary procedure shall be suspended.
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Art. Amended 89 of point 27 of article. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 90 Frames in activity, which does not satisfy the conditions for retirement, may not be entered in the reserve while is in temporary incapacity, being admitted in hospitals, sanatoriums, times are found in medical leave or parental leave, and military women, nor frames during the period of pregnancy, maternal risk of parental leave and maternity leave granted under art. 15. — — — — — — — — — — —-. 1 of art. 90 was modified by art. The EMERGENCY ORDINANCE nr. 77 of 28 June 2007, published in MONITORUL OFICIAL nr. 444 of 29 June 2007.
The provisions of paragraphs 1 and 2. 1 does not apply to those who are to be registered as a reserve under the provisions of art. 85 paragraph 4. and (b). g), (h)), j), (k)) and I), art. 87 and 88.


Article 91


Military officers and enlisted instructors who bond with the Ministry of national defense to meet military service for a certain period of time, in a position that does not respect its commitment and are passed back through the application of one of the provisions of art. 85 paragraph 4. and (b). g)-l), art. 87 and 88, are obliged to reimburse the maintenance expenses during schooling, in the conditions determined by law.


Chapter 8 age limits and minimum degree stages section 1 age limits in the rank of Section 2 of Article Placements in 94 degree minimum in times of peace, the minimum qualifying period for the grade level of the officers, WOS and commissioned the task shall be determined as follows: a. for officers: a) second lieutenant and Ensign 3 years b) Lieutenant 5 years c five years d) Captain) and Lt. Commander major 5 years e) lieutenant colonel and Captain-Commodore 5 years.
  

For ranks of colonel, Commander and their superior does not establish internships in degree.
— — — — — — — — — — —-. 2 of art. Amended 94 of pct article 29. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
B. For non-commissioned officers and soldiers and craftsmen: a) salesperson fourth grade to staff sergeant and 4 years b) salesperson class III and junior Sergeant 5 years c) salesperson class II and junior sergeant major 7 years d) salesperson class and junior Sergeant-adjutant.
  


Article 94 ^ 1 for the military. 2 (2). 2 ^. AA) minimum degree stage to advance in level, in times of peace, is 3 years old.
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Art. 94 ^ 1 was introduced by paragraph 16 of article. From the EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001.


Article 95 in the calculation of the minimum degree of the traineeship shall not take into account the time frames in the National Ministry of defence activity have been absent from the program due to temporary incapacity for work and vacations. 15 if absences 365 days sums over 2 consecutive calendar years.
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Art. 95 was amended by article item 30. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.


Article 96 Stage minimum grade shall be reduced by one year for military officers and enlisted instructors at work, which, throughout the duration of the traineeship, fulfilling the functions of aviation flight personnel, parachute, personnel carrier submarine torpedo-boats, on or on other similar ships, established by order of the Minister of national defence, as well as for diving.


Article 97 in times of peace, the minimum qualifying period in grade for officers and enlisted soldiers, taken place in the book is more than a year than that stipulated in article. 94, and in time of war is the article in question. The call activity, in order to establish the training camp in the degree we have, shall be taken into account in the study from three-fourths of the degree as reservists.


Article 98 In times of war, the minimum qualifying period is reduced to a half grade for officers and enlisted instructors in military activity, as well as for those in the military reserve units mobilized. While they are employed in establishments situated in the area of military actions is double counts when calculating the minimum traineeship in degree.


Article 99 while the officers, foremen and enlisted soldiers were convicted in the activity with conditional suspension of sentence or have been convicted with its execution, but were pardoned or pardoned before the execution begins, and while the officers and enlisted instructors reserve soldiers were sentenced to prison with serving in a place of detention or through work without deprivation of liberty shall not be taken into account in the calculation of the minimum traineeship in degree, except in cases where, as a result of the case, the competent court rejudecării ruled the payment.


Chapter 9 final and transitory provisions in article 100 record of system activity and military reserve, this work methodology, in times of peace and in time of war, and bodies keep records shall be established by the Ministry of national defense, the less the situations stipulated by the law.
Official act proves, within the Ministry of national defense, the length of military service and the functions performed by the officers, non-commissioned officers and soldiers and craftsmen is serial card.


Article 101 Officers and enlisted instructors in military activity may be well-placed to execute missions besides Ministry of national defence. Posting and termination of the posting shall be made by order of the Minister of national defence or the commanders set for it.
During posting, the officers and enlisted soldiers, foremen have duties and rights to them from the quality of pharmacist in the activity, as well as the obligation to participate in military training unit established by the Ministry of national defense.
A situation in which the interests of the Ministry of national defence so require, it may order the termination of the secondment of military cadres by order of the Minister of national defence or the commanders set for it.


Article 102 Officers, foremen and enlisted military personnel discharged or retired reserve can be directly employed in civil sectors on the basis of licence or diploma of graduation of military educational institutions of the time shall be taken into account according to military studies equivalence established by a classification drawn up by the Ministry of national defense and the Ministry of education, the Ministry of labour and social security.


Article 103 Officers, WOS and reserve commissioned officer discharged under the provisions of art. 85 paragraph 4. and (b). c), (d)) and e) and which do not satisfy the conditions for entitlement to the pension for military service shall be enabled, with retraining and reintegration a priority in work with the care of the Ministry of labour and social protection.


Within the meaning of article 104 of this law, the term military units shall mean companies and battalions, Corps and all echelons of similar level and superior to them.
In the event of war units regarded as forming part of the warfare area shall be determined by the great Headquarters.


Article 105 For liaising officers, WOS and reserve commissioned officer with current concerns within the army, the Ministry of national defense organizes actions to inform them about the various sides and aspects of the development of science and art, of improving the process of preparation of the troops and military procurement technical.


Article 106 Officers and the reserve at the time of entry into force of this law shall have the rank of first lieutenant will be proposed in the following way: a) who are in their final year of internship in degree or have outgrown this internship will be nominated in the rank of Captain;
  

b) officers at work, having a work experience of up to 4 years and reserve officers who have a length of up to 5 years will be proposed in the rank of Captain and will extend the qualifying period for this degree with the number of years they have been nominated in degree sooner than under the existing regulations until the entry into force of this law.
  

The officers referred to in paragraphs 1 and 2 in. 1 shall be forwarded to the next grade without being required to be employed in functions provided for in the Organization States with equal to or greater than the rank of captain.
Officers who have the same date of rank of Lieutenant li extends over the stage, as set out in article 11. 94, with 3 years and 4 years.
The officers referred to in paragraphs 1 and 2 in. 3 during the 3-year-olds, but only up to the first amendment to the back pay grade, grade will receive the corresponding result of the degree of first lieutenant, laid down in the regulations existing on the date of entry into force of this law.


Article 107 article 55 paragraph 1. 1, relating to length of service functions of the Organization set out in the States with higher grade than that which you have to be nominated in the next degree, apply one year after the entry into force of this law.
The provisions of article 56 para. B paragraph 1 lit. He and art.) 80 shall apply to officers in activity after a period of three years, during which it can organize and examination for the rank of major, and from art. 56 para. B paragraph 1 lit. b) and paragraph (C) subparagraph (c). (c)), after a period of 6 years after entry into force of this law.
For 3 years after the entry into force of this Act, the lieutenant-colonels and a captain-comandorii not fulfilling the conditions laid down in article 21. 56 para. (C) paragraph 1, subparagraph (a). b) will be able to be proposed in the next grade following promotion exam for the rank of colonel or commander.
Within 5 years after the entry into force of this law will remove all cases falling within the provisions of article 3. 74 para. 2. Officers with degrees from captain to lieutenant-colonel and a captain-Commander who, within one year from the date of entry into force of this law, are passed directly in reserve or retired by applying art. 85 lit. a)-(e)) and were not nominated in degree while they were at work, because they were not employed by function corresponding to the new degrees, the book or directly to the withdrawal will be proposed in the next grade even if they do not meet the conditions laid down in chapter II. IV, with the exception of those of article. 54.

The military be allowed to confer the order or Medal of military merit, in accordance with the legal provisions in force, giving them the patent attesting decorations conferred.
Lieutenant-colonels and a captain-comandorii without military studies, enclose the function of colonel Commander, respectively, will be advanced in rank next in for 3 years after the entry into force of this law, the following promotion exam for the rank of colonel, Commander, respectively, even though they do not meet the conditions laid down in article 21. 56 para. (C) paragraph 1, subparagraph (a). Article 108). The provisions of this Act relating to the military frames and retreat, military retirees, and applies to those in the entry into force of this law.


Article 108 ^ 1 * rank of Sergeant) awarded to military personnel of the Ministry of national defense until the date of entry into force of this emergency Ordinance is replaced with the rank of corporal.
— — — — — — — — — — —-. 2 of art. 108 ^ 1 was repealed by article, item 31. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
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Art. 108 ^ 1 was introduced by the pct, article 17. From the EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001.
*) Note C.T.C.E. S.A. Piatra Neamt: according to paragraph 2. (1) of article 1. The EMERGENCY ORDINANCE nr. 90 of 21 June 2001, published in MONITORUL OFICIAL nr. 349 of 29 June 2001, throughout the law. 80/1995 on the status of the military, with subsequent amendments and additions, the term Sergeant sergenţi, respectively, shall be replaced, for the Ministry of defence, as a corporal, corporals respectively. Ranking coefficient of back pay for military instructors grade V class and sergenţi is that provided for in law No. 138/1999 for Sergeant.


The provisions of article 109 of this Act correspondingly applies, and the officers, WOS and officer belonging to the Ministry of the Interior and the Ministry of Justice, i.e. the State services specialising in defence and national security under the law, have their own structures for military personnel.
Skills Minister of national defence, established by this law are complied with, where appropriate, of the ministries and services concerned; those of the Chief of the General staff, by law, their alternates and the Ministry, the Board of Directors.
The provisions of article 2 (2). 2 ^ 1 paragraph A, subparagraph B lit. the a and b)), art. 5 para. 2, art. 41 ^ 1, art. 50 para. 5, art. 51 para. 2, art. 75 ^ 1, art. 85 paragraph 4. and (b). e ^ 1) and art. 108 ^ 1 shall apply exclusively to the military from the Ministry of national defense.
— — — — — — — — — — —-. 3 of art. 109 was amended by the pct, article 32. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
Appointment, promotion, transfer, age limits, conditions for keeping the judiciary and other aspects of the professional career of judges and military prosecutors are subject to the rules governing the status of judges and prosecutors.
— — — — — — — — — — — —-. (4) article. 109 was amended by paragraph 4 of art. 33 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
The provisions of article 27 shall apply exclusively to the military from the Ministry of national defense, the Ministry of administration and Interior, Special Telecommunications Service, guard and Protection Service and the Romanian intelligence service.
— — — — — — — — — — —-. 5 of art. 109 was introduced by point 33 of art. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
The provisions of article 85 paragraph 4. and (b). n) shall apply exclusively to the military from the Ministry of national defense, the Ministry of administration and Interior, Special Telecommunications Service, the Romanian intelligence service and the foreign intelligence service.
— — — — — — — — — — —-. 6 of art. 109 was introduced by point 33 of art. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
The provisions of article 77 ^ 1 and art. 78 para. 3 shall apply exclusively to the military from the Ministry of national defense, the Ministry of administration and Interior, Romanian intelligence service, the protection and Guard Service and Telecommunications Service.
— — — — — — — — — — —-. 7 of art. 109 was introduced by point 33 of art. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
The provisions of article 85 paragraph 4. 6 shall apply exclusively to the military from the Ministry of national defense, the Ministry of administration and Interior, foreign intelligence service, the Romanian intelligence service and the Special Telecommunications Service.
— — — — — — — — — — —-. 8 of art. 109 was introduced by point 33 of art. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
The provisions of article 87 para. 1 shall apply exclusively to the military from the Ministry of administration and Interior and the protection and Guard Service.
— — — — — — — — — — —-. of article 9. 109 was introduced by point 33 of art. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
The provisions of article 87 para. 2 shall apply exclusively to the military from the Ministry of national defense, the Romanian intelligence service, the foreign intelligence service and the Special Telecommunications Service.
— — — — — — — — — — —-. 10 art. 109 was introduced by point 33 of art. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
The provisions of article 87 para. 3 shall apply exclusively to the military from the Ministry of national defense, the Romanian intelligence service, the foreign intelligence service and the Special Telecommunications Service.
— — — — — — — — — — —-. 11 article. 109 was introduced by point 33 of art. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
The provisions of article 89 para. 5 apply exclusively to the military from the Ministry of national defense and the foreign intelligence service.
— — — — — — — — — — —-. 12 art. 109 was introduced by point 33 of art. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
The provisions of article 2 (2). 2, art. 55 paragraph 1. 1 and art. 56-59, 62, 80 and 81 shall not apply to officers, WOS and non-commissioned officer of the Ministry of national defense.
— — — — — — — — — — —-. of article 13. 109 was introduced by point 33 of art. 1 of law No. 53 from 21 April 2011, published in MONITORUL OFICIAL nr. 290 of 26 April 2011.
The provisions of article 21. 4 and art. 25 para. 2-4 shall apply exclusively to military personnel of the Ministry of Internal Affairs, the foreign intelligence service, the Romanian intelligence service, the protection and Guard Service and Telecommunications Service.
— — — — — — — — — — —-. of article 14. 109 was introduced by paragraph 4 of art. in accordance with law No. 30 of March 27, 2014, published in MONITORUL OFICIAL nr. 255 of 8 April 2014.


Article 110 military Transfer between ministries and services referred to in article 1. 109 is made by order of the institution under which the transfer, at the request or with the consent of the institution at which the driver's transfer.


Article 111 Ministers, Secretaries of State, subsecretarii State and their asimilaţii, of the Ministry for Civil Defence, and national institutions. 109, shall enjoy the rights laid down in the present law materials for military activity, officers with equivalent general Admiral, respectively.
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Art. 111 has been amended by section 6 of article. From the EMERGENCY ORDINANCE nr. 4 of 26 February 2004, published in Official Gazette No. 220 of 12 March 2004.


Within the meaning of article 112 of this Act, the military family includes your spouse, children and parents are in the maintenance of them.


Article 113 this law shall enter into force 60 days after its publication in the Official Gazette of Romania. At the same date, officers Corps Status Status Status WOS body and the officer corps, approved by H.C.M. nr. 1.177/1965, no. 924/1964 and no. 1.178/1965, as well as any other provisions to the contrary are hereby repealed.
This law was adopted by the Chamber of Deputies and Senate in the joint sitting of 29 June 1995, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania.
p. VASILE LUPU, PRESIDENT of the CHAMBER of DEPUTIES SENATE PRESIDENT Prof. Dr. O'LEARY GHERMAN — — — — — — — — — — — — — — — — — — — — — —