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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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LEGE no. 80 80 of 11 July 1995 (* updated *) on military personnel status ((updated until 11 April 2014 *)
ISSUER PARLIAMENT




--------------- *) The updated form of this normative act until April 11, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all modifications and additions made by ORDINANCE no. 73 73 of 27 August 1999 repealed by ORDINANCE no. 7 7 of 19 July 2001 ,, rejected by LAW no. 206 206 of 19 April 2002 ; EMERGENCY ORDINANCE no. 60 60 of 26 May 2000 rejected by LAW no. 611 611 of 31 October 2001 ; EMERGENCY ORDINANCE no. 69 69 of 17 May 2001 ; EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 ; LAW no. 652 652 of 20 November 2001 ; EMERGENCY ORDINANCE no. 182 182 of 20 December 2001 ; ORDINANCE no. 88 88 of 30 August 2001 ; LAW no. 478 478 of 9 July 2002 ; EMERGENCY ORDINANCE no. 169 169 of 27 November 2002 ; LAW no. 516 516 of 28 November 2003 ; LAW no. 520 520 of 9 December 2003 ; EMERGENCY ORDINANCE no. 4 4 of 26 February 2004 ; LAW no. 286 286 of 24 June 2004 ; DECISION no. 90 90 of 10 February 2005 ; EMERGENCY ORDINANCE no. 60 60 of 23 June 2005 ; LAW no. 310 310 of 8 November 2005 ; LAW no. 18 18 of 11 January 2006 ; EMERGENCY ORDINANCE no. 9 9 of 16 February 2006 ; DECISION no. 384 384 of 4 May 2006 ; LAW no. 81 81 of 30 March 2007 ; EMERGENCY ORDINANCE no. 77 77 of 28 June 2007 ; LAW no. 263 263 of 16 December 2010 ; LAW no. 53 53 of 21 April 2011 ; LAW no. 171 171 of 31 May 2013 ; LAW no. 327 327 of 5 December 2013 ; LAW no. 255 255 of 19 July 2013 ; LAW no. 30 30 of 27 March 2014 . The content of this act is not an official document, being intended to inform users **) NOTE C.T.C.E. S.A. Piatra-Neamt: According to para. ((1) art. II of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001, throughout the whole Law no. 80/1995 on the status of military personnel, with subsequent amendments and completions, the term sergeant, respectively sergeants, is replaced, for the Ministry of National Defence, with the term corporal, respectively corporals. The ranking coefficient of the grade soldiers for military foremen Class V and sergeants is the one provided in Law no. 138/1999 for sergeant. According to 5 5 of the Annex to ORDINANCE no. 88 88 of 30 August 2001 , published in MONITORUL OFFICIAL no. 544 544 of 1 September 2001, Law no. 80 80 of 11 July 1995 on the Statute of Military Staff, published in the Official Gazette of Romania, Part I, no. 155 of July 20, 1995, as amended, is amended accordingly to the provisions of this ordinance. Art. II of EMERGENCY ORDINANCE no. 60 60 of 23 June 2005 , published in MONITORUL OFFICIAL no. 555 555 of 29 June 2005 provides: "" Art. II In the contents Law no. 80/1995 on the status of military personnel, by reference to art. 36 36 para. 2 the reference to art. 36 lit. g) and h), by sending to art. 36 36 para. 2 lit. a) means the reference to art. 36 lit. g), and by sending to art. 40 40 para. 2 the reference to art. 40 lit. g). " The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 Through military personnel, for the purposes of this law, it is understood the Romanian citizens who were awarded the rank of officer, military foreman or petty officer, in relation to their military and specialized training, under the conditions provided by law. Military personnel are serving the nation. + Article 2 According to the degrees they have, the military personnel are constituted in the body of the subofficers, the body of the military foremen and the officers ' body The ranks of military personnel, in their hierarchical order, are: A. Petty officers: a) staff sergeant; b) plutonier; c) major plutonier; d) adjutant plutonier; e) Chief adjutant plutonier. B. Military Maistri: a) military foreman class IV; b) military foreman class III; c) military foreman class II; d) military foreman class of I; e) main military foreman. C. Officers: a) officers with lower degrees: -sub-lieutenant, respectively aspirant for those in the military navy; -lieutenant; -captain; b) officers with higher degrees: -Major, respectively lieutenant-commander for those in aviation and military navy; -Lieutenant-colonel, respectively captain-commander for those in aviation and military navy; -colonel, respectively commander for those in aviation and military navy; c) generals and admirals, provided in par. 2 2 ^ 1 paragraph B lit. c); -------------- Letter c) of paragraph C of par. 2 2 of art. 2 2 has been amended by section 4.2 1 1 of art. I of EMERGENCY ORDINANCE no. 4 4 of 26 February 2004 , published in MONITORUL OFFICIAL no. 220 220 of 12 March 2004. The ranks of military personnel in their hierarchical order in the Ministry of National Defence are A. Military and non-commissioned officers: a) military foreman Class V, respectively sergeant *); b) military foreman 4th grade, respectively sergeant-major; c) military foreman class III, respectively plutonier; d) military master class II, respectively plutonier-major; e) military master class I, respectively adjutant plutonier; f) main military foreman, respectively principal adjutant plutonier; B. Officers: a) officers with lower degrees: -sub-lieutenant, respectively aspirant, for those in the marine weapon; -lieutenant; -captain; b) officers with higher degrees: -Major, respectively lieutenant-commander, for those in the aviation weapon and the marine weapon; -Lieutenant-colonel, respectively captain-commander, for those in the aviation weapon and the marine weapon; -colonel, respectively commander, for those in the aviation weapon and the marine weapon; c) generals and admirals: -brigadier general-with a star, respectively air flotilla general-with a star, for those in the aviation weapon and flotilla rear Admiral-with a star, for those in the marine weapon; -Major-General-with two stars, respectively counter-Admiral-with two stars, for those in the marine weapon; -Lieutenant-General-with three stars, respectively vice-admiral-with three stars, for those in the marine weapon; -general-with four stars, respectively Admiral-with four stars, for those in the marine weapon. (Alin. 2 2 ^ 1) ------------- Paragraph 2 ^ 1 of art. 2 2 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001. *) NOTE C.T.C.E. S.A. Piatra-Neamt: According to para. ((1) art. II of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001, throughout the whole Law no. 80/1995 on the status of military personnel, with subsequent amendments and completions, the term sergeant, respectively sergeants, is replaced, for the Ministry of National Defence, with the term corporal, respectively corporals. The ranking coefficient of the grade soldiers for military foremen Class V and sergeants is the one provided in Law no. 138/1999 for sergeant. Apart from these degrees, for exceptional military merits, in times of war, the President of Romania can give army generals the rank of marshal, which is the highest military grade. + Article 3 The military rank is a right of the holder and represents the social recognition of the quality of military framework. The rank of officer, military foreman and petty officer can only be lost in the cases and under the conditions provided by law. + Article 4 Military personnel may be in one of the following situations: a) in activity, when he occupies a military function. The quality of the military framework in the activity is maintained and during the time they are released from functions to follow different forms of preparation in the interest of the service, as well as when made available: in order to frame or pass in reserve or withdrawal; for cases of illness established by Government decision; during the time they are in captivity. May be officers, military or non-commissioned officers in activity persons who have Romanian citizenship and domicile in the country; ------------ Paragraph 2 of point a) art. 4 4 was amended by the single article of LAW no. 286 286 of 24 June 2004 , published in MONITORUL OFFICIAL no. 586 586 of 30 June 2004. b) in reserve, when they do not occupy a military function, but meet the conditions provided by law to be called to perform the military service as reserves focused or mobilized, and if necessary, as military personnel in activity; c) in withdrawal, when, according to the law, they can no longer be called for the performance of military service. + Article 5 Officers, military maisters and sub-officers in activity are professional military personnel. The profession of officer, military foreman or petty officer is an activity designed to ensure the functioning, improvement and leadership of the military body in time of peace and war. Access to the profession, as well as the subsequent evolution on the steps of the military hierarchy are based on the principles and norms contained in this law. In their application, the Military Career Guide, approved by Government decision, is elaborated for the military personnel of the Ministry of National Defence. ------------- Paragraph 2 of art. 5 5 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001. + Article 6 In the exercise of their duties according to the law and the provisions of the military regulations, officers, military maisters and subofficers are invested with the exercise of public authority, enjoying protection according to the criminal law. Military personnel provided for in art. 2 2 para. 2 paragraph C lit. c) and para. 2 2 ^ 1 paragraph B lit. c) have the rank of dignitaries of the Romanian state in the exercise of the functions provided with a general/similar degree, without the benefit of additional rights conferred by this quality. ------------ Paragraph 2 of art. 6 6 has been introduced by section 1 1 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Chapter 2 Duties and rights of military personnel + Article 7 The duties, rights and freedoms of military personnel are those established by the Romanian Constitution, the laws of the country and the present statute The profession of officer, military foreman or petty officer in activity incumba additional duties, as well as prohibiting or restricting the exercise of rights and freedoms, according to the law. + Section 1 Duties + Article 8 Military personnel have the following main duties: a) to be loyal and 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) to observe the military oath and the provisions of the military regulations, to execute exactly and on time the orders of the commanders and the heads, being responsible for the way in which they carry out the missions entrusted to them. Military personnel cannot be ordered and prohibited from performing acts contrary to the law, customs of war and international conventions to which Romania is a party; non-execution of orders under these conditions does not entail criminal liability and civil subordinates; c) to cherish the honor and the glory of struggle of the armed forces of Romania, of the weapon and of their unity, as well as the dignity of the degree and the military uniform they carry; d) to improve their professional training, to ensure thorough training and to educate subordinates and to defend their rights; e) to act for regular maintenance and maintenance in the state of operation of the technique and armaments and for the efficient use and administration of goods; f) to strictly preserve the military, state and service secret, as well as the confidential nature of some activities and documents. Military personnel in activity have the obligation to participate in missions outside the territory of the Romanian state, depending on the requirements of the Ministry of National Defence, to fulfill the obligations assumed by Romania through international conventions and treaties. ------------ Paragraph 2 of art. 8 8 has been introduced by section 2 2 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. May be an exception, on request, from the provisions of par. 2 the military framework that encounters special family weights and falls within one of the following situations: a) form a single parent family; b) is a single family maintainer, child/brother/parent; c) one or both parents are disabled of Grade I or II, regardless of age, and no longer have other major brothers or sisters, fit to work, or have siblings or sisters, but they cannot contribute to the maintenance of their parents because they are students or students at military educational institutions or are disabled in the first or second degree or they execute a custodial sentence; d) the husband is seriously ill, classified in the first or second degree of invalidity; e) both spouses or brothers would participate in the mission during the same period and do not express their consent to that effect; f) in case of natural calamities. ------------ Paragraph 3 of art. 8 8 has been introduced by section 2 2 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Section 2 Rights + Article 9 Military personnel shall be entitled to: a) monthly balance, composed of grade solda, function solda, gradations and allowances, as well as premiums, prizes, bonuses and other money rights, the amounts of which are established by Government decision; b) equipment, food, medical assistance, medicines, service dwelling, free of charge, paid sick leave and exemptions, under the conditions established by Government decision; c) discounts or exemptions of income tax and of the amount of rent, aid and other rights, according to the regulations in force *); d) free transport documents for the performance of the holiday or in the case of moving from one garrison to another, according to the regulations in force; e) support by the Ministry of National Defence of the necessary amounts to ensure the legal assistance of military personnel for acts committed by them in the exercise, according to the law, of their duties, under the conditions established by order of the Minister of Defence. ------------ Letter e) of art. 9 9 was introduced by section 4.2. 3 3 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. ------------ *) NOTE C.T.C.E. S.A. Piatra-Neamt: According art. 86 of ORDINANCE no. 73 73 of 27 August 1999 , published in MONITORUL OFFICIAL no. 419 of August 31, 1999, on the date of entry into force of this ordinance, the provisions of art. 9 lit. c) relating to reductions or exemptions of income tax and of art. 10 regarding the reduction of income tax from Law no. 80/1995 on the status of military personnel, published in the Official Gazette of Romania, Part I, no. 155 155 of 20 July 1995. ORDINANCE no. 73 73 of 27 August 1999 , published in MONITORUL OFFICIAL no. 419 419 of 31 August 1999 was repealed by ORDINANCE no. 7 7 of 19 July 2001 , published in MONITORUL OFFICIAL no. 435 435 of 3 August 2001. ORDINANCE no. 73 73 of 27 August 1999 , published in MONITORUL OFFICIAL no. 419 419 of 31 August 1999 was rejected by LAW no. 206 206 of 19 April 2002 , published in MONITORUL OFFICIAL no. 275 275 of 24 April 2002. ------------ Article 10 was repealed by the art. 86 of ORDINANCE no. 73 73 of 27 August 1999 , published in MONITORUL OFFICIAL no. 419 of August 31, 1999, due to the elimination of the provisions on the reduction of income tax within this article. + Article 11 ------------- Paragraph 1 of art. 11 11 was repealed by letter r) a art. 196, Cap. X of LAW no. 263 263 of 16 December 2010 , published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. ------------- Paragraph 2 of art. 11 11 was repealed by letter r) a art. 196, Cap. X of LAW no. 263 263 of 16 December 2010 , published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. Military pensioners decorated with the order "Military Merit" grades III, II and I benefit from an increase of 10%, 15% and 20% of the pension amount, respectively. + Article 12 Military personnel in activity have the right to pursue military or civilian higher education, postgraduate, doctorate or other forms of improvement of training, in compliance with legal norms. + Article 13 Military personnel in activity can be sent to study abroad, by competition, with the approval of the Minister of National Defence. Military personnel in work who have graduated from military schools and academies, courses or other forms of training abroad benefit from full rights to the framing and promotion in functions corresponding to the studies in the country with which they were equated the diplomas acquired, under the law and military regulations. + Article 14 In peacetime, military personnel in activity have the right to rest leave, additional rest leave for activity in jobs with special conditions-harming, heavy or dangerous-and on study leave. The rules on the duration and granting of rest leave, additional rest leave and study leave, as well as the cash compensation of the unpaid rest leave are established by Government decision. + Article 14 ^ 1 In peacetime, the military personnel in activity shall be entitled to leave without payment, for a duration of no more than 4 years, in the following situations: a) request to follow his wife or husband sent abroad by the Ministry of Foreign Affairs, other ministries, autonomous administrative authorities, organs or other specialized institutions of the central public administration, for carrying out a permanent mission abroad at diplomatic missions, consular offices or other national representations, structures and commands within the international organizations from which Romania is a member, for a longer period months high; b) were selected to fill positions of expert with temporary employee status in the structures within the international organizations from which Romania is a member, based on the approval of the Minister of National Defence. For other cases, duly motivated, military personnel in activity have the right to leave without payment, for a fixed term, for no more than one year. Leave without payment provided in par. 1 and 2 shall be approved by the Minister of National Defence or by the commanders established by him. The Minister of National Defence may extend the duration of leave without payment provided in par. 1 1 and 2 by no more than a year. During the period of leave without payment, granted according to the provisions of 1 or 2, military personnel are suspended from office and do not benefit from any right from the Ministry of National Defence, except for the one on the use of the service home, if it is ordered. The period of unpaid leave does not constitute seniority in service for establishing the pension, seniority in activity for granting the Honorary Sign In the Service of the Fatherland and/or for granting the next gradation under In the situation provided in par. 1 lit. a) and para. 2, when establishing the internship in the degree that the military personnel have, a period equal to 3 quarters of the duration of the leave without payment is taken into account. In the situation provided in par. 1 lit. b), when establishing the internship in the degree that the military personnel have, the entire duration of the leave without payment is taken into account. Upon termination of the leave without payment, the institution has the obligation to appoint the military framework on a vacant position or to make it available for classification. ------------ Article 14 ^ 1 has been introduced by item 1. 4 4 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 15 Women, military personnel in activity, are entitled to maternity leave and benefit from breaks for child supply and care, as well as other rights provided by law for women employees in public administration. Military personnel in activity, women and men, are entitled to parental leave and allowance until the age of 2 years and, in the case of the disabled child, until reaching the age of 7, under the conditions provided by the legal provisions in force. ------------ Paragraph 2 of art. 15 15 has been amended by section 5 5 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. ------------- Article 15 was amended by the single article of LAW no. 18 18 of 11 January 2006 , published in MONITORUL OFFICIAL no. 38 38 of 16 January 2006. + Article 16 Military personnel in activity who attend the day courses of higher education institutions benefit, instead of holiday holidays, from holidays, according to the educational programs of the respective institutions and the order of the Minister of Defense national. + Article 17 In order to solve special personal or family situations, military personnel in activity, as well as those in reserve, during the time they are concentrated or mobilized in military units, can be granted leave. The duration of the permissions and the commanders entitled to approve them shall be determined by the military regulations. + Article 18 The time allowed for permissions, exemptions and sick leave shall not be deducted from the duration of the annual holiday or additional holiday. + Article 19 When declaring the state of war or mobilization, as well as in special situations established by the Minister of National Defence, the holidays of rest, without pay, of studies, holidays and permissions are suspended, the military personnel in activity being obliged to shall be present at the military units to which they belong, as soon as possible. ------------ Paragraph 1 of art. 19 19 has been amended by section 6 6 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. During the time of war or mobilization states, military personnel in activity and those in reserve, concentrated or mobilized, they can be granted leave and leave according to the order of the Minister of National Defence. ------------- Article 20 was repealed by point (a). 2 2 of art. I of EMERGENCY ORDINANCE no. 4 4 of 26 February 2004 , published in MONITORUL OFFICIAL no. 220 220 of 12 March 2004. + Article 20 ^ 1 Military personnel in activity appointed in the first position or moved in the interest of the service in a garrison other than the one in which they are domiciled and who do not own the dwelling personal property in that garrison, neither they nor their wives or spouses to them, if they cannot be provided with adequate living space, they are entitled to a monthly compensation for rent of up to 50% of the monthly balance. Military personnel in activity appointed in the first position or moved in the interest of the service in a garrison in which they are domiciled, but who do not own personal property, neither they nor their wives or spouses, in a situation where they are not can provide adequate living space, can benefit, in justified cases, on the basis of the results of the social survey carried out by a commission constituted by order of the Minister of National Defence, by the monthly rent compensation, provided for in para. 1, on the proposal of the commanders or heads of the respective military personnel The concrete amount of the compensation and the conditions for granting it shall be established by Government decision, at the proposal of the Minister of National Defence. Wives or spouses of military personnel moved in the interest of the service in another garrison, who were employed and interrupted the activity due to the move together with the spouses or wives, are entitled to a monthly allowance of 50% of the solda monthly of the military personnel they have followed, until a new employment or until the provision of an authorized activity bringing income, but not more than 9 months from the date of moving the military framework. Of the monthly allowance provided in par. 4 also benefit the spouses or wives who, at the time of moving the military personnel they followed, were registered as unemployed at the county employment agencies or the city of Bucharest, but only after the expiration, according to the law, the term of payment of unemployment benefit. ------------- Article 20 ^ 1 has been amended by section 1. 3 3 of art. I of EMERGENCY ORDINANCE no. 4 4 of 26 February 2004 , published in MONITORUL OFFICIAL no. 220 220 of 12 March 2004. + Article 21 Officers, military foremen and sub-officers in activity and those in reserve, concentrated or mobilized in military units, are awarded compensation for cases of invalidity or death caused as a result of military actions, by accidents, catastrophes or other such events occurred during and due to military service or missions in international forces intended to maintain peace or constituted for humanitarian purposes. The amount of compensation granted to cadres who became invalid, respectively to the descendants of the deceased, is determined by Government decision. ------------- Paragraph 3 of art. 21 21 was repealed by letter r) a art. 196, Cap. X of LAW no. 263 263 of 16 December 2010 , published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. On request, military personnel assigned to the third degree of invalidity or ranked apt limited for military service by the medical-military expertise commissions, during times in connection with the exercise of their duties, may be maintained or recalled in activity in military positions or classified in civil functions without examination or competition, in the institutions of the defense system, public order and national security, under the conditions established by order of the head of the institution. ------------ Paragraph 4 of art. 21 21 has been introduced by section 1 1 of art. unique from LAW no. 30 30 of 27 March 2014 , published in MONITORUL OFFICIAL no. 255 255 of 8 April 2014. + Article 22 The military personnel in the activity and their families benefit, as a measure of social protection, from facilitations established by order of the Minister of National Defence, in the use of rest houses, sanatoriums, garrison hostels and other recreational and sports facilities. The expenses arising from the application of these measures will be borne by the budget of the Ministry of + Article 23 The members of the families of the military personnel shall enjoy: a) medical assistance and medicines within the health network of the Ministry of National Defence or other health networks, with the settlement of expenses by this ministry; b) transport documents, when officers, military maisters or sub-officers are moved for work from one garrison to another. The members of the families of the military personnel in activity also benefit from survivor's pension, as well as other rights in accordance with the legal provisions. Upon the death of a military framework in activity, the Ministry of National Defence grants its family or the person who incurred the expenses occasioned by the death, as the case may be, an additional aid in the amount of two non-taxable monthly balances. + Article 25 Children of military personnel in activity, who died during and because of the service, as a result of military actions, accidents, catastrophes or acts of exceptional devotion or missions within the international forces intended peacekeeping or being constituted for humanitarian purposes, can be transferred to military high schools or military educational institutions that form military and non-commissioned foremen, based on an aptitude test, the results of the teaching obtained in civil institutions of education and according to the rules approved by the Minister national. Children of military personnel ranked unfit or fit limited for military service by medical-military expertise commissions or, as the case may be, deceased, during or in connection with the exercise of their duties, may be registered, upon request, without examination, in the educational institutions of the institutions of the defense system, public order and national security, if they meet the legal conditions. ------------ Paragraph 2 of art. 25 25 has been introduced by section 2 2 of art. unique from LAW no. 30 30 of 27 March 2014 , published in MONITORUL OFFICIAL no. 255 255 of 8 April 2014. Children in the maintenance of military personnel ranked unfit or limited fit for military service by the medical-military expertise commissions or, as the case may be, deceased, during or in connection with the exercise of their duties, as well as the husband or his wife may be appointed to military positions or assigned to civil functions, without examination or competition, in the institutions of the defense system, public order and national security, if they meet the legal conditions. ------------ Paragraph 3 of art. 25 25 has been introduced by section 2 2 of art. unique from LAW no. 30 30 of 27 March 2014 , published in MONITORUL OFFICIAL no. 255 255 of 8 April 2014. By order of the head of the institution the conditions and procedure for the application of the provisions of this article ------------ Paragraph 4 of art. 25 25 has been introduced by section 2 2 of art. unique from LAW no. 30 30 of 27 March 2014 , published in MONITORUL OFFICIAL no. 255 255 of 8 April 2014. + Article 26 Officers, military maisters and retired and retired subofficers, military pensioners, have the free right to medical assistance and medicines under the conditions of art. 23 23 para. 1 lit. a) and have access to military circles, rest houses, sanatoriums, garrison dormitories and other recreational or sports facilities, benefiting from facilitations established by order of the Minister of National Defence. The same rights also benefit officers, military maisters and retired and retired subofficers, former military invalidity pensioners due to accidents in service or to diseases contracted during and due to their fulfilment. military obligations, which subsequently opted for the pension from the state social insurance system. The members of the families of retired and retired military personnel, military pensioners, receive free medical assistance under the conditions of art. 23 23 para. 1 lit. a). + Article 27 When passing in reserve or directly in retreat, military personnel who have at least 20 years of military service and distinguished themselves through the work carried out, as well as those who brought the homeland special services, even if they are not 20 years old. years of military service, may be granted the right to wear military uniform. The criteria for granting and withdrawing this right, as well as the situations in which the military personnel referred to in par. 1 may wear military uniform shall be established by military regulations. ------------ Article 27 has been amended by section 6.6. 7 7 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Section 3 Prohibition or restriction of the exercise of rights and freedoms + Article 28 Military personnel shall be prohibited from exercising the following rights: a) to be part of parties, parties or political organizations or to conduct propaganda by any means or other activities in favor of them or of an independent candidate for public office; b) to run to be elected in the local public administration and in the Romanian Parliament, as well as in the position of President of Romania; c) declare or participate in the strike. + Article 29 The military personnel in their activity are restricted the exercise of rights and freedoms, as follows: a) political opinions may be expressed only outside the service; b) the public expression of opinions contrary to the interests of Romania and the armed forces is not allowed; c) the conditions under which military personnel in activity will be able to publicly present military information will be established by order of the Minister of National Defence; d) adherence to religious cults is free, except those which, according to the law, contravene the norms of preserving public order, as well as those that violate the good morals or affect the exercise of the profession; e) the establishment in different forms of association of professional, technical-scientific, cultural, sport-recreational or charitable character, except for the trade union ones or which contravene the unique order, order and discipline specific to the institution of the army, is allowed under the conditions established by military regulations. ------------ Letter e) a art. 29 29 was amended by the single article of LAW no. 478 478 of 9 July 2002 , published in MONITORUL OFFICIAL no. 537 537 of 23 July 2002. ------------ Letter f) a art. 29 29 has been repealed by section 6.6. 1 1 of the single article of LAW no. 81 81 of 30 March 2007 , published in MONITORUL OFFICIAL no. 236 236 of 5 April 2007. g) participation in rallies, demonstrations, processions or meetings of a political or trade union is prohibited, except for the activities in which they participate in the mission; h) military personnel in activity can travel abroad as they are established by order of the Minister of National Defence. + Article 30 Officers, military maisters and sub-officers in activity have the obligation not to carry out activities that contravene the dignity, prestige and norms of behavior arising from their quality of military personnel. Military personnel in their activity are prohibited: a) to perform functions other than those in which they are classified, except for the cumulation provided by law, under the conditions established by order of the Minister of National Defence; b) to be a sole associate or to participate directly in the administration or management of organizations or companies, with the exception of those appointed on the boards of autonomous regions and companies under the Ministry National Defence, within the defence industry or in relation to it. + Article 31 Officers, military maisters and retired sub-officers, while they are focused or mobilized in military units, can remain members of political parties, formations or organizations, as well as unions to which they belong, but they are. prohibited from carrying out any activities of a political or trade union character, in military units. + Section 4 Rewards and penalties + Article 32 For acts of heroism, courage and devotion in the execution of missions, as well as for special merits in the performance of their duties, officers, military foremen and underofficers can be awarded decorations and titles of honor. For seniority in activity and meritorious results, military personnel are awarded medals and military orders. For the exemplary performance of duties, officers, military foremen and sub-officers may be awarded moral and material rewards. + Article 33 For deviations from military discipline, non-performance of duties, violation of norms of military conduct, rules of social coexistence, officers, military foremen and subofficers can be applied the following disciplinary sanctions: warning; written reprimand; relegation to office; postponement of submission to the next degree in 1-2 years. ------------ Article 33 has been amended by section 6.6. 8 8 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 34 Rewards are awarded and disciplinary sanctions apply according to military regulations. + Article 35 For the defense of the honor of military personnel and the avoidance of abuse, research and trial of serious misconduct or other acts of the same nature committed by them, in the army, honorary councils and councils are established. The honorary councils are constituted in each unit, and the councils to the central organs of the Ministry of National Defence, the major states of the army's categories of forces, the army, army and army corps commands, as well as to other similar echelons, established by order of the Minister of National Defence. The organization and functioning of the honorary councils and the councils shall be established by the military regulations. + Chapter 3 Provenance of officers, military foremen and petty officers + Article 36 The officers in activity come from: a) graduates with a bachelor's degree of military educational institutions for the training of officers, except those provided in art. 37 lit. c); b) graduates of the fourth year of the military institutions of higher education with the duration of studies of more than 4 years; c) graduates of military educational institutions from other states, similar to those provided in lett. a), sent to study by the Ministry of National Defence; d) retired officers who have promoted the aptitude tests and meet the other conditions established by order of ministers or heads of institutions components of the national defence system, public order and national security, in the purpose of calling or recalling the activity; ------------- Point d) art. 36 36 was amended by the single article of LAW no. 310 310 of 8 November 2005 , published in MONITORUL OFFICIAL no. 998 of 10 November 2005, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 60 60 of 23 June 2005 , published in MONITORUL OFFICIAL no. 555 555 of 29 June 2005. e) military foremen and non-commissioned officers in activity, graduates with a bachelor's degree of civil institutions of higher education, with a profile corresponding to military specialties, who are at the age of 35 years; f) military foremen and non-commissioned officers who, in time of war, meet at least 3 months, with very good and good results, functions provided to be classified with officers in military units located in the area of military actions; g) persons who have promoted the aptitude tests and meet the other conditions established by order of the ministers or heads of the institutions components of the national defence system, public order and national security and which are graduates with the bachelor's degree of a higher education institution. For the call in activity, in certain weapons or services and military specialties, established by order of the ministers or heads of the institutions concerned, the men must have the military service fulfilled; h) military foremen and non-commissioned officers in activity, graduates with a bachelor's degree of military institutions of higher education. In the Ministry of Administration and Interior persons referred to in par. 1 lit. e) can be passed into the body of officers regardless of age. ------------- Paragraph 2 of art. 36 36 has been introduced by section 1 1 of the single article of EMERGENCY ORDINANCE no. 9 9 of 16 February 2006 , published in MONITORUL OFFICIAL no. 184 184 of 27 February 2006. ------------- Art. 36 (initially with para. 1 1] has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 60 60 of 23 June 2005 , published in MONITORUL OFFICIAL no. 555 555 of 29 June 2005. + Article 37 The retired officers come from: a) officers listed in the reserve; b) graduates with bachelor's degree of higher education civil institutions who performed the military service with reduced term, in relation to the needs of the armed forces and with the results obtained in the exam-contest held at the end of the training military; c) graduates of military educational institutions for the training of officers, schooled at the request of civil aviation and navy or other beneficiaries; d) military foremen and retired sub-officers, who, in times of war, meet at least 3 months, with very good and good results, functions provided to be classified with officers in military units located in the area of military actions; e) graduates with a bachelor's degree of civil institutions of higher education or, if necessary, of high schools, with a baccalaureate diploma or equivalent schools, with a diploma, with a profile corresponding to poor military specialties in the Ministry The National Defense, which is at the age of 35. Men must have their military internship fulfilled; f) students of military educational institutions for the training of officers who have promoted the penultimate year of studies, in a situation where they can no longer continue the training, but are fit for military service. No officer's degree is awarded to expelled students. + Article 38 The military maisters in activity come from: a) graduates with a diploma of educational institutions for the training of military foremen, except for those provided in art. 39 lit. b); b) sub-officers in activity, aged no more than 45 years, who have an uninterrupted internship of at least 5 years, in functions of exploitation, maintenance and repair of military technique, have passed the passing exam in the body of military foremen and meet the other conditions established by the Chief of the General Staff; c) retired military foremen who have promoted the aptitude tests and meet the other conditions established by order of the Minister of National Defence, in order to call or recall in activity. + Article 39 Retired military foremen come from: a) military foremen passed from activity in reserve; b) graduates with diploma of military educational institutions for the training of military foremen, schooled at the request of civil aviation and navy or other beneficiaries; c) persons aged no more than 45 years, who have a technical training of high school or post-secondary level in deficient military specialties; d) retired sub-officers who graduated from the schools of foremen in specialties necessary for the armed forces. + Article 40 The following sub-officers are: a) graduates with a diploma of military educational institutions for the training of sub-officers; b) military employees on a contract basis who have promoted the aptitude tests and the contest or the examination held for this purpose and meet the conditions established by order of the Minister of National Defence; c) retired sub-officers who have promoted the aptitude tests and meet the other conditions established by order of the Minister of National Defence, in order to call or recall in activity; d) graders who, in time of war, perform with good results, at least 3 months, functions provided to be classified with non-commissioned officers in military units located in the area of military actions; e) military personnel employed on a contract basis who have completed the training course under the conditions established by order of the Minister of National Defence; f) military employees on a contract basis, graduates of specialized post-secondary schools corresponding to military specialties, for which no training courses are organized on direct and indirect branch; g) persons who have promoted the aptitude tests and meet the other conditions established by order of the ministers or heads of the component institutions of the national defence system, public order and national security and who have training high school, post-secondary or higher level. For the call in activity, in certain weapons or services and military specialties, established by order of the ministers or heads of the institutions concerned, the men must have the military service fulfilled. ------------- Article 40 has been amended by section 6.6. 2 2 of art. I of EMERGENCY ORDINANCE no. 60 60 of 23 June 2005 , published in MONITORUL OFFICIAL no. 555 555 of 29 June 2005. + Article 41 The retired sub-officers come from: a) graduates of military educational institutions for the training of retired sub-officers; b) non-commissioned officers from activity in reserve; c) graduates of civil institutions of higher education who performed the military service with reduced term, in relation to the needs of the armed forces and with the results obtained in the exam-competition held at the end of the military training d) students of military educational institutions for the training of officers who have promoted at least the first year of studies, in a situation where they can no longer continue the training, but are fit for military service. The rank of sub-officer of the expelled students is not awarded; e) graduated in reserve which, following a concentration of instruction, were qualified in military specialties necessary for the armed forces, for functions of non-commissioned officers; f) sergeants *) in reserve which, in the last 6 months of the military service in the term, have performed with good results and very good functions provided to be classified with officers or non-commissioned officers; g) graders who, in times of war, meet at least 3 months, with good and very good results, functions provided to be classified with officers or non-commissioned officers, in military units located in the area of military actions; h) graduates of high schools, vocational schools or an equivalent school, in relation to the needs of the armed forces. Men must have their military service. ------------- Letter h) of art. 41 41 has been amended by section 4.2 5 5 of art. I of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001. *) NOTE C.T.C.E. S.A. Piatra-Neamt: According to para. ((1) art. II of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001, throughout the whole Law no. 80/1995 on the status of military personnel, with subsequent amendments and completions, the term sergeant, respectively sergeants, is replaced, for the Ministry of National Defence, with the term corporal, respectively corporals. The ranking coefficient of the grade soldiers for military foremen Class V and sergeants is the one provided in Law no. 138/1999 for sergeant. + Article 41 ^ 1 Persons who are to become military personnel under the conditions of art. 36 36 para. 1 lit. a)-c), of art. 38 lit. a) and art. 40 40 para. 1 lit. a), upon admission to a military educational institution for the training of officers, military foremen or sub-officers in activity, conclude with the Ministry of National Defence contracts lasting 8 years after their appointment in the first position. Under the conditions provided in art. 36 36 para. 1 lit. d) and e), art. 38 lit. b) and c), as well as in art. 40 40 para. 1 lit. b) and c) the persons concerned, before following the training course officers, military foremen or non-commissioned officers in activity, under the terms of the Military Career Guide, conclude with the Ministry of National Defence contracts lasting 4 years. After expiry the contracts may be renewed, depending on the option of the parties, for successive periods lasting up to 4 years, according to the rules approved by order of the Minister of National Defence. Military personnel who have a seniority as an officer, military foreman or petty officer in activity for at least 15 years may conclude with the Ministry of National Defence contracts until the age limit is fulfilled in the degree. months before the expiry of the contract the parties are obliged to incuse each other over the intention to renew it. If before the expiry of the duration established the military personnel terminate the contract according to art. 85 85 para. 1 lit. h), they are obliged to notify the Ministry of National Defence at least 30 days in advance, and in the case of the first contract military personnel are obliged and to refund maintenance and training expenses during schooling, proportional to the contract period remaining unexecuted. ------------ Paragraph 6 of art. 41 ^ 1 has been amended by section 4.2 9 9 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. The same obligation to return maintenance and training expenses during schooling lies with military personnel, if they are retired by the Ministry of National Defence, according to art. 85 85 para. 1 lit. i)-l), art. 87 87 and 88, before the first contract expires. ------------ Paragraph 7 of art. 41 ^ 1 has been amended by section 4.2 9 9 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. In a situation where the Ministry of National Defence passes military personnel into reserve before the contracts expire, according to art. 85 85 para. 1 lit. e), or upon expiry of contracts, according to art. 85 85 para. 1 lit. e ^ 1), on the initiative of the Ministry of National Defence, they benefit from social protection measures according to legal provisions. Contracts may be terminated by agreement of both parties in a situation where the reserve passage of military personnel is made according to art. 85 85 para. 1 lit. f) and g). In these cases the parties do not have obligations to each other. By exception to the provisions of par. 1, aviation aircrew concludes with the Ministry of National Defence contracts lasting 12 years after their appointment in the first position. ------------ Paragraph 10 of art. 41 ^ 1 was introduced by section 1. 10 10 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. Rules for the restitution of maintenance and training expenses during the schooling provided in par. 6 and 7 will be approved by order of the Minister of National Defence. ------------ Paragraph 11 of art. 41 ^ 1 was introduced by section 1. 10 10 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. ------------- Art. 41 ^ 1 was introduced by item 1. 6 6 of art. I of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001. + Article 42 The retired military personnel come from: a) officers in activity or in reserve, as well as military foremen and retired sub-officers, who exceeded the age limit in grade for the third class in the reserve provided in art. 86 86 para. 4 4; ------------ Letter a) of art. 42 42 has been amended by section 4.2 11 11 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. b) officers, military foremen and non-commissioned officers in activity or in reserve, ranked by the medical-military expertise commissions "unfit for military service, with removal from the record". + Article 43 The passage of military personnel from activity in reserve or directly into withdrawal, as well as the call from the reserve in activity shall be made as follows: a) generals and admirals, by decree of the President of Romania, at the proposal of the Minister of National Defence b) other officers, by order of the Minister of National Defence; c) military masters and petty officers, by order of commanders established by the Minister of National Defence. Military personnel who have been granted degrees in reserve on the basis of art. 37 lit. e) and have not graduated from a civil institution of higher education, as well as based on art. 39 lit. c). Sub-officers who have been granted grade in reserve based on art. 41 lit. e), f) and h) may be called into activity, under the conditions established by order of the Minister of National Defence, if they have not reached the age of 45. + Article 44 The removal from the military record of officers, military foremen and retired sub-officers and their withdrawal shall be made as follows: a) generals and admirals, by order of the Chief of General Staff; b) the other officers, by order of the commanders established by the Chief of General Staff; c) military maisters and subofficers, by order of the commanders of the county, municipal or sector military centers. + Chapter 4 Award of ranks and advance of military personnel to the following degrees + Article 45 The granting of the grades and the advance in the following degrees shall be as follows: a) the degrees of general and admiral in activity and in reserve, in time of peace and in time of war, by decree of the President of Romania, at the proposal of the Minister of National Defence, after consulting the ministry's college; b) the ranks of officers in activity, except those provided in lett. a), in peacetime, by order of the Minister of National Defence; c) degrees of retired officers, except as provided in letter a), in peacetime, by order of the Chief of General Staff; d) in time of war, the granting of sub-lieutenant and the advance in the ranks of lieutenant and captain in activity or in reserve are made by the commanders established by the head of the Grand Headquarters General, and in those of officers with higher degrees, of Head of the Grand Headquarters e) the ranks of military foremen and non-commissioned officers in activity, in peacetime and in time of war, by order of the Minister of National Defence or of the commanders established by him; f) the ranks of military foremen and retired sub-officers, in peacetime and in time of war, by order of the commanders established by the Minister of National Defence. + Article 46 The awarding of the ranks of officers, military foremen and non-commissioned officers in the activity, as well as the advance in their next degrees are usually made once a year, at the date established by order of the Minister of National Defence. Granting degrees to those provided in art. 36 36 para. 1 lit. c), e), f) and lit. g), art. 38 lit. b) and art. 40 40 para. 1 lit. b) and d) and lit. g) can be done throughout the year. ------------- Paragraph 2 of art. 46 46 has been amended by art. II of EMERGENCY ORDINANCE no. 60 60 of 23 June 2005 , published in MONITORUL OFFICIAL no. 555 of 29 June 2005 by replacing the reference to art. 36 36 para. 2 lit. a) with the reference to art. 36 lit. g) and sending to art. 40 40 para. 2 with the reference to art. 40 lit. g). Submission of officers, military foremen and sub-officers in activity in the following degrees, under the conditions provided in art. 63, is made on the dates established by order of the Minister of National Defence, and in those provided in art. 64, as well as the call or recall in activity of retired military personnel can be done throughout the year. + Article 47 The ranks of officers, military foremen and retired sub-officers shall be awarded as follows: a) once a year-to those referred to in art. 37 lit. c) and e), art. 39 lit. b), c) and d) and art. 41 lit. e) and f); b) at the time of termination of military training or passage in reserve-to those provided in art. 37 lit. b) and f) and art. 41 lit. a), c) and d); c) throughout the year-those provided in art. 37 lit. d) and art. 41 lit. g) and h). The advance in the following degrees of officers, military foremen and retired sub-officers is usually made once a year, on the date established by order of the Minister of National Defence, and under the conditions provided in art. 64, all year round. + Article 48 The grades of sub-lieutenant and aspirant are granted to those provided for in art. 36 36 para. 1 lit. a), b), c), and f) and art. 37 lit. b), c), d) and f). + Article 49 The rank of lieutenant is given to the military foremen and to the underofficers provided in art. 36 36 para. 1 lit. e). + Article 50 The rank of military foreman class IV is granted to those provided in art. 38 lit. a) and art. 39 lit. b). When crossing into the body of military foremen, those provided in art. 38 lit. b) and art. 39 lit. d) they are granted the grades of military foreman, in relation to the degrees of petty officer they have, as follows: a) the rank of 3rd grade military foreman, plutoniers; b) rank of 2nd class military foreman, major plutoniers; c) the rank of class I military foreman, adjutant plutoniers; d) rank of main military foreman, chief adjutant plutoniers. In order to be granted the grades of military foreman class I, respectively the main military foreman, the sub-officers referred to in par. 2 lit. c) and d) must also promote the examination for military foreman class I. To those who do not promote this exam can be awarded the rank of military foreman class II or can remain with the rank of petty officer had. Military foremen from the body of the subofficers and who were granted degrees under the conditions provided in par. 2, upon submission to the following degree, the internship had in the last degree of petty officer shall be taken into account. In the Ministry of National Defence to those provided in art. 38 lit. a) and art. 39 lit. b) are awarded the rank of 5th grade military foreman. ------------- Paragraph 5 of art. 50 50 has been introduced by section 7 7 of art. I of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001. + Article 51 The rank of staff sergeant is granted to those provided in art. 40 40 para. 1 lit. a), b) and d) and art. 41 lit. a), c), d) and f). In the Ministry of National Defence to those provided in art. 40 40 para. 1 lit. a), b) and d) and in art. 41 lit. a), c) and f) are awarded the rank of sergeant *). ------------- Paragraph 2 of art. 51 51 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001. *) NOTE C.T.C.E. S.A. Piatra-Neamt: According to para. ((1) art. II of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001, throughout the whole Law no. 80/1995 on the status of military personnel, with subsequent amendments and completions, the term sergeant, respectively sergeants, is replaced, for the Ministry of National Defence, with the term corporal, respectively corporals. The ranking coefficient of the grade soldiers for military foremen Class V and sergeants is the one provided in Law no. 138/1999 for sergeant. In the Ministry of Administration and Interior, persons who become military personnel under the conditions of art. 40 lit. b) they are granted military degrees depending on the training, the seniority in the specialty, the minimum internships in the degree and their age. ------------- Paragraph 3 of art. 51 51 has been introduced by section 2 2 of the single article of EMERGENCY ORDINANCE no. 9 9 of 16 February 2006 , published in MONITORUL OFFICIAL no. 184 184 of 27 February 2006. + Article 52 Persons referred to in art. 36 36 para. 1 lit. g) and h), art. 36 36 para. 2 2, art. 37 lit. e), art. 39 lit. c), art. 40 lit. g) and art. 41 lit. e), g) and h) are awarded military degrees according to their training, seniority in the specialty acquired during the studies, relative to the minimum internships in the degree, as well as their age. In the Ministry of Administration and Interior, persons referred to in art. 36 36 para. 1 lit. e), g) and h) are awarded the rank of sub-lieutenant. ------------ Paragraph 2 of art. 52 52 has been introduced by section 12 12 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. By exception to the provisions of par. 2, the grades can be granted according to the age in the specialty corresponding to the graduate studies, relative to the duties in the job description. ------------ Paragraph 3 of art. 52 52 has been introduced by section 12 12 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. ------------- Art. 52 (initially with para. 1 1] has been amended by section 3 3 of the single article of EMERGENCY ORDINANCE no. 9 9 of 16 February 2006 , published in MONITORUL OFFICIAL no. 184 184 of 27 February 2006. + Article 53 The advance in the rank of military personnel can be done at term, ahead of schedule or exceptionally, and those in reserve, at term or exceptionally. The advance in the rank of officers, military foremen and sub-officers in activity and in reserve is done in the hierarchical order of the ranks, in relation to the needs and possibilities of the armed forces, based on professional competence and moral conduct, recorded in the service assessments. In the rank of officers, priority will be given to those who through professionalism and outstanding results obtained in work, through culture, personality, spirit of organization and initiative have prospects to perform higher functions and have Internship in higher grade. During the entire military career, military personnel in activity can benefit from no more than two forwards in the degree before the term and/or exceptionally, except for those who execute special missions or outside the national territory. ------------ Paragraph 4 of art. 53 53 has been introduced by section 13 13 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 54 In peacetime, officers, military maisters and sub-officers in activity will be advanced to the degree, at term, in compliance with the provisions of art. 53, if they meet the following conditions: a) have fulfilled the minimum internship in the degree provided in art. 94 94 and 95 or fulfil this internship during that calendar year; b) were appreciated for the entire period of the minimum internship in the degree, and those who exceeded this internship, and in the year before the advance to the degree, at least with the "corresponding" rating; the years in which they were awarded shall not be counted for the calculation of the minimum internship in grade. ------------ Paragraph 2 of art. 54 54 has been repealed by section 6.6. 14 14 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 55 *) In order to be proposed to advance to the degree, at the deadline, the officers in the activity must be assigned at least one year before the date on which the advances to the degree are made in the positions provided in the organization states with a higher degree than the one they have. Student officers at the day courses of higher education institutions are considered to be assigned to positions provided in the organization states with degrees superior to those they have. ------------ *) NOTE C.T.C.E. S.A. Piatra-Neamt: According to para. ((2) art. II of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001, as amended by point 4 4 of the single article of LAW no. 652 652 of 20 November 2001 , published in MONITORUL OFFICIAL no. 773 of 4 December 2001, the provisions art. 55 55, 58, 63 and 64 of Law no. 80/1995 on the status of military personnel, as well as any other provisions contrary to the provisions of this emergency ordinance do not apply in the Ministry of National Defence. Alin. ((2) art. II of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001 was repealed by art. II of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 56 In time of peace, for the submission of officers, military foremen and subofficers in activity in some higher degrees, in addition to the conditions provided in art. 54 and 55, the following is also required: A. In the ranks of military foreman class I and adjutant plutonier-to have passed the grade exam; B. In the ranks of the Major and Lieutenant Commander: a) to have completed a training course in the specialty, established by order of the Minister of National Defence. It shall be exempted from this condition: -graduates with a bachelor's degree of the Academy of High Military Studies or other military institutions of higher education of the same level, established by order of the Minister of National Defence, of military educational institutions their equivalents in other states, as well as of higher education civil institutions; -student officers who have promoted at least the first year of studies at the Academy of High Military Studies or the I-III studies at other military higher education institutions, according to those established by order of the Minister of National Defence, such as and student officers who promoted the same years of studies at similar military institutions in other states; b) have an internship, regardless of weapons and military specialties, of at least 3-5 years in positions at units, up to the regiment echelon (similar), including or at military institutions and formations or at productive units. The duration of the internship for each military weapon and specialty and the echelons similar to the regiment are established by the disposition of the Chief of General Staff It is exempted from the obligation of the internship to military units captains who perform functions in military specialties other than those of command and staff, established by the disposition of the Chief of General Staff. C. In the degrees of colonel and commander, to cumulatively meet the conditions of studies, as well as that on the minimum internship at the units, provided in lett. a), b) and c) respectively: a) to have graduated, with a bachelor's degree, 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 higher education; b) to have completed capacity courses for the rank of colonel or commander. Admission to this course is done on the basis of the exam. It is exempted from this condition Lieutenant-colonels and captain-commanders who hold the title of doctor or have completed a form of postgraduate or postgraduate education in the country or abroad, established by order of the Minister of Defense national; c) to have an internship, corresponding to weapons and military specialties, of 6-8 years at units and large units to the army corps or similar including. up to the echelon of the army corps shall be established by the General Staff Chief. It is exempted from the obligation of the internship to military units lieutenant-colonels and captain-commanders who perform functions in military specialties other than those of command and staff, established by the disposition of the Chief of Staff General. + Article 57 The profiles corresponding to the undergraduate studies in the civil institutions of higher education that give the right to the graduates of these institutions to be submitted in the grades provided in art. 56 56 para. 1 paragraphs B and C shall be determined in relation to the military specialties of the officers or the functions they perform, by order of the Minister of National Defence. ------------ Article 57 has been amended by section 6.6. 15 15 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 58 *) In time of peace, for the granting of grades of brigadier general, general of aerial flotilla and rear admiral, in addition to the conditions provided in art. 55 55 para. 1, the colonels and the commanders must pass the examination provided for this purpose. May participate in the examination for the granting of the general degree to the colonels and the commanders who meet the following a) have been appreciated in the last 5 years with the rating of at least "very good"; b) are at least 2 years old; ------------- Point b) of par. 2 2 of art. 58 58 has been amended by section 4.2 1 1 of the single article of LAW no. 520 520 of 9 December 2003 , published in MONITORUL OFFICIAL no. 872 872 of 9 December 2003. c) are assigned to positions provided in the organization states with degrees of brigadier general, similar or superior. ------------- Paragraph 2 ^ 1 of the art. 58 58 has been repealed by section 6.6. 2 2 of the single article of LAW no. 520 520 of 9 December 2003 , published in MONITORUL OFFICIAL no. 872 872 of 9 December 2003. To be advanced to the next degree, generals and admirals must be distinguished by a high professional competence, outstanding results in the performance of their duties and be assigned at least one year before the date on which they are made. advances in the degree, in positions provided in the organization states with a higher degree than the one they have. The candidates for the examination for the award of the general degree, as well as the generals who are proposed for the submission to the next degree are subject to the approval of the Supreme Council of National Defence by the Minister of National Defence, with the prior Ministry College ------------ *) NOTE C.T.C.E. S.A. Piatra-Neamt: According to para. ((2) art. II of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001, as amended by point 4 4 of the single article of LAW no. 652 652 of 20 November 2001 , published in MONITORUL OFFICIAL no. 773 of 4 December 2001, the provisions art. 55 55, 58, 63 and 64 of Law no. 80/1995 on the status of military personnel, as well as any other provisions contrary to the provisions of this emergency ordinance do not apply in the Ministry of National Defence. Alin. ((2) art. II of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001 was repealed by art. II of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 59 Lieutenant-Colonel and Captain-Commanders may be posted at the capacity course for the rank of colonel or commander starting from the first year of the minimum internship in grade, as a rule, in the order of promotions, taking priority those to whom the internship expires in Grade. In case of non-promotion, the course graduation exam can be held once again, after at least one year. Class II military maisters and major plutoniers can take the grade exam starting with the last two years of minimum internship in grade and, in case of non-promotion, can support it once again, after at least one year. They are exempt from the exam major plutoniers who promoted it until the entry into force of this law. Rules on the participation of colonies and masters in the exam for the rank of general, lieutenant-colonels and captain-commanders at the capacity course, as well as Class II military foremen and major plutoniers in the examination. the degree, organization and conduct thereof shall be established by order of the Minister of National Defence + Article 60 In time of war, officers, military maisters and sub-officers in activity, as well as those in reserve mobilized in military units, can be put forward to the next degree if they have completed the minimum internship in degree, performed duties and executed. the tasks entrusted to them, without imposing compliance with the other conditions laid down for peacetime. Officers, military maisters and sub-officers referred to in par. 1, who are distinguished in carrying out the missions, can be put forward to the next degree and before the minimum internship in grade. Advance in the rank of officers under the conditions of par. 1 and 2 shall be made within the limits of the required requirements in the organization states. + Article 61 In peacetime, officers, military maisters and retired sub-officers can be brought forward to the next degree, in relation to the needs of the armed forces, after the expiry of the minimum degree in degree, if they have a dignified behavior, achieved good and very good results during the concentration and were proposed through the service assessments. + Article 62 In time of peace, for the advance in the ranks of colonel and commander, outside the conditions provided in art. 61, retired officers must have graduated, with a bachelor's degree, a military institution of higher education. It is exempted from the provisions of par. 1 graduates of civil institutions of higher education who, at mobilization, are assigned to positions provided with studies corresponding to the specialty in which they are trained. + Article 63 *) Officers, military maisters and sub-officers in activity who are distinguished by the way of carrying out duties, professional training and dignified behaviour can be put forward to the next degree and before the expiry of the minimum degree in degree, if up to the date when such advances are made have fulfilled at least half that internship, in strict compliance with the other conditions, except those provided for in art. 56 56 para. 1 paragraphs A, B and C lit. c). They are not subject to advance in the grade, under the conditions of 1 1: a) Sublieutenants and Aspirants; b) officers, military maisters and petty officers who have been criminally convicted or who, since their last advance to the degree, have been sanctioned as a result of the judgment of the Boards of Honor or the Boards of Judgment. ------------ *) NOTE C.T.C.E. S.A. Piatra-Neamt: According to para. ((2) art. II of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001, as amended by point 4 4 of the single article of LAW no. 652 652 of 20 November 2001 , published in MONITORUL OFFICIAL no. 773 of 4 December 2001, the provisions art. 55 55, 58, 63 and 64 of Law no. 80/1995 on the status of military personnel, as well as any other provisions contrary to the provisions of this emergency ordinance do not apply in the Ministry of National Defence. Alin. ((2) art. II of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001 was repealed by art. II of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 64 *) Officers, military maisters and sub-officers in activity and in reserve who, in the execution of missions or in other situations, commit acts of heroism and exemplary acts of courage can be brought forward to the next degree, exceptionally, both in peacetime. and in time of war, even if they do not meet the conditions provided in art. 54 54-56 and 61. ------------ *) NOTE C.T.C.E. S.A. Piatra-Neamt: According to para. ((2) art. II of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001, as amended by point 4 4 of the single article of LAW no. 652 652 of 20 November 2001 , published in MONITORUL OFFICIAL no. 773 of 4 December 2001, the provisions art. 55 55, 58, 63 and 64 of Law no. 80/1995 on the status of military personnel, as well as any other provisions contrary to the provisions of this emergency ordinance do not apply in the Ministry of National Defence. Alin. ((2) art. II of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001 was repealed by art. II of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 65 Lieutenant-colonels and captain-commanders in whose activity the minimum internship expired, but could not be advanced to the degree during the time they were in activity as they were not assigned to functions provided with appropriate degrees. to those to whom they were to be advanced, to the transition into reserve or directly into withdrawal by application of art. 85 lit. a)-e) will be submitted to the next degree and placed in reserve or directly in withdrawal with the new degree, if they meet the other conditions provided in this law. + Article 66 ------------ Paragraph 1 of art. 66 66 has been repealed by section 6.6. 2 2 of art. I of LAW no. 516 516 of 28 November 2003 , published in MONITORUL OFFICIAL no. 861 861 of 4 December 2003. ------------ Paragraph 2 of art. 66 66 has been repealed by section 6.6. 2 2 of art. I of LAW no. 516 516 of 28 November 2003 , published in MONITORUL OFFICIAL no. 861 861 of 4 December 2003. Colonies and commanders in activity, who are at least 5 years old and have been assigned during this period of at least 3 years in positions provided in the organization states with a general or similar degree and who have been appreciated in the last 3 years with the rating "very good", when passing in reserve or directly in retreat can be awarded the rank of brigadier general with a star, respectively of aerial flotilla general with a star or rear admiral of flotilla with a star, and will be past in reserve or directly in retreat with the new degree. ------------ Paragraph 3 of the art. 66 66 has been amended by section 2 2 of the single article of LAW no. 81 81 of 30 March 2007 , published in MONITORUL OFFICIAL no. 236 236 of 5 April 2007. Provisions of para. 3 does not apply to those placed in reserve or directly in withdrawal by application of art. 85 lit. e ^ 1)-l), art. 87 87 and art. 88. ------------- Paragraph 4 of art. 66 66 has been introduced by section 10 10 of art. I of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001. + Article 67 On the occasion of the evocation of important events in the history of the homeland and armed forces of Romania, officers, military maisters and retired subofficers, exceptionally, can be submitted to the next degree; colonels and commanders can be gives the rank of general, and the chief military foremen and chief adjutant plutoniers can be awarded the rank of sub-lieutenant. Submission in grade, namely the granting of the degree of those provided in par. 1, is done by: a) decree of the President of Romania, for generals and admirals, at the proposal of the Minister of National Defence, after his consultation of the ministry's college b) Order of the Minister of National Defence for the other officers, for military foremen and non-commissioned officers. + Article 68 Officers, military maisters and petty officers who sacrificed their lives by committing acts of exceptional devotion will be posthumously advanced to the next degree, and colonels and commanders will be posthumously awarded the rank of general. Military foremen, petty officers, graders and soldiers who sacrificed their lives under the same conditions can be posthumously awarded the rank of sub-lieutenant. The advance in the degree, namely the granting of the degree in these situations, is made throughout the year according to the provisions of 45. + Chapter 5 Military degradation, removal from and resumption in military record of officers, military foremen and petty officers + Article 69 The military degradation applies, under the conditions provided by the criminal law, to the military personnel in activity, in reserve and in withdrawal, sentenced to the complimentary punishment of military degradation by judicial decision. + Article 70 Officers, military maisters and sub-officers in activity, in reserve and in retreat, who have been approved to renounce their Romanian citizenship or have also acquired another citizenship and have settled abroad, are removed from the military record. + Article 71 Officers, military maisters and petty officers referred to in art. 69 and 70 are removed from the military record, as follows: a) by order of the Chief of General Staff, those who had degrees of generals and admirals; b) by order of commanders established by the Chief of General Staff, those who had degrees of officers, military foremen or non-commissioned officers. + Article 72 If another court decision intervenes, by which the acquittal was pronounced or by which the complimentary punishment of military degradation is no longer applied, those concerned are reconsidered in the military record, with the degree had, by order of the who ordered the removal from the record. In this situation, the time they were degraded is included in the calculation of the internship in the degree, and the respective military personnel can ask through the court for moral reparations and materials for the damages that have been brought to them. The officers, military maisters and sub-officers who were applied to military degradation and who were amnesty or pardoned by the complimentary military degradation punishment, as well as those who were rehabilitated resume in the military record and, in the military. report with the needs of the armed forces, can be restored any military degree, to the degree had included. Retired military personnel who have regained Romanian and previous citizenship have been removed from the military record, can be highlighted, at repatriation. Rendering the grade according to par. 2 2 is done by: a) decree of the President of Romania, for generals and admirals; b) order of the Chief of General Staff, for the other officers, military foremen and non-commissioned officers. The rendering of the degree as a result of amnesty, pardon or rehabilitation does not attract, rightfully, the recall in activity, and the time they were degraded is not taken in the calculation of the internship in the degree and the age of military personnel in activity. + Chapter 6 Appreciation, classification and promotion of military personnel + Article 73 Military personnel are drawn up appreciations of service. The service appreciation is the only document of value of professional competence, moral quality, prospects for development and promotion, on the basis of which officers, military maisters and petty officers are advanced to the next degree. The service assessment of military personnel in activity is done periodically, as well as in the cases established by the Minister of National Defence. Retired military personnel shall be provided with service assessments in the year in which they are proposed to advance to the degree. The methodology of drawing up service assessments, in peacetime, as well as the system of appreciation in time of war shall be established by order of the Minister of National Defence. The appreciation is expressed by one of the following qualifiers: "exceptional", "very good", "appropriate", "mediocre" or "improper". + Article 74 The framing of officers, military foremen and petty officers in positions is done taking into account the needs of the armed forces, their competence and moral conduct. The principle that officers, military maisters and sub-officers will not be subordinate to others with lower degrees will be observed at the appointment. Exception to this principle can be military personnel who do not have specialized higher education and who subordinate themselves to those who have such training, as well as military personnel belonging to the Ministry of Interior, the Romanian Service Information, Foreign Intelligence Service, Special Telecommunications Service, Ministry of Justice and Protection and Guard Service. ------------- Article 2 (2) art. 74 was amended by the single article of EMERGENCY ORDINANCE no. 69 69 of 17 May 2001 , published in MONITORUL OFFICIAL no. 263 263 of 22 May 2001. The assignment of officers to positions will also take into account the experience gained on the steps of the military hierarchy, the promotion being carried out, as a rule, in positions or at immediately superior echelons. In order to determine the skills and knowledge of the officers, necessary to fit certain positions established by order of the Minister of National Defence, tests will be used or the exam or competition will be held. The conditions regarding the studies, the internship in positions and other criteria necessary for the classification and promotion of officers in some positions shall be established by order of the Minister of National Defence. + Article 75 Military personnel are appointed to positions provided in the organization states with degrees equal to or greater than those they have. The appointing powers shall be determined by order of the Minister of National Defence ------------ Article 75 has been amended by section 6.6. 16 16 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 75 ^ 1 The selection of military personnel from the Ministry of National Defence for appointment to positions provided in the organization states with a higher degree to the one they have is made by the selection committees constituted for this purpose, according to the Guide military career, and in situations that require the adoption of urgent measures, military personnel can be appointed to positions similar to those held or superior to them by order of the Minister of National Defence. ------------ Paragraph 1 of art. 75 ^ 1 has been amended by section 4.2 17 17 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. Military personnel from the Ministry of National Defence cannot be appointed to positions provided in the organization states with degrees inferior to those they have. Exceptionally skippers and majors up to 42 years of age may be held or appointed to positions in the organization states with degrees below those they have, until 31 December 2003. ------------- Article 75 ^ 1 has been introduced by item 1. 12 12 of art. I of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001. + Article 76 The move of military personnel into activity from one unit to another, as well as the change from functions within the same unit is carried out only once a year, except for the special situations established by order of the Minister of National Defence. + Article 77 Military personnel in activity may be posted to other units for the performance of missions or to follow a form of refresher training for a period of no more than one year, the duration that may be extended, with the approval of the Minister of Defense national, up to no more than 2 years. During the posting, the military personnel remain assigned to the military positions and units from which they were posted and benefit from all legal rights. + Article 77 ^ 1 Military personnel in activity in the Ministry of National Defence may, temporarily, perform by power of attorney, the duties of another vacant position or whose holder is missing a period of more than one month, under the conditions established by order of the Minister of National Defence, for a period of up to 6 months, a period which may be extended with the approval of the Minister of National Defence for up to one year. During the performance of the duties of the powers in which they were empowered, military personnel shall have the obligations and rights corresponding to those functions. ------------ Art. 77 ^ 1 was introduced by item 18 18 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 77 ^ 2 The personnel of the Ministry of National Defence may be seconded to international bodies and organizations in accordance with the legislation in force ------------ Art. 77 ^ 2 was introduced by item 1 1 of art. unique from LAW no. 171 171 of 31 May 2013 , published in MONITORUL OFFICIAL no. 320 320 of 3 June 2013. + Article 77 ^ 3 Military and civilian personnel benefit from compensation for invalidity cases, and family members who have, according to the law, the right to survivor's pension, for cases of death, produced as a result of military actions, by accidents, catastrophes or other such events occurred during and because of the service. The arrangements for fixing and granting compensation shall be governed by order of the head of the institution. ------------ Art. 77 ^ 3 was introduced by item 1 1 of art. unique from LAW no. 171 171 of 31 May 2013 , published in MONITORUL OFFICIAL no. 320 320 of 3 June 2013. + Article 78 Appointment and dismissal from office in military units, except for public functions in which the appointment is made according to the law, as well as the posting of military personnel under the conditions of art. 77 are made, in peacetime and in time of war, according to the powers established by order of the Minister of National Defence. The appointment to the positions provided in the organization states with degrees of general army corps, general-commander, vice-Admiral-commander and superior to them is done with the opinion of the Higher Council of Defense of the Country. The empowerment or termination of the empowerment of military personnel in activity in the Ministry of National Defence shall be carried out according to the powers established by order of the Minister of ------------ Paragraph 3 of art. 78 78 has been introduced by section 19 19 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 79 The classification and promotion to positions of justice officers shall be made according to their specific normative acts. The classification and promotion of officers in teaching positions are made according to the provisions of this law and the normative acts applicable to military educational institutions. Military doctors and pharmacists are given professional degrees according to legal norms. + Article 80 The captains, lieutenant-colonels and captain-commanders who, in order to be brought forward to the next degree, must absolve one of the forms of training referred to in art. 56 56 para. 1 paragraphs B and C, respectively, but until the expiry of the minimum internship have not graduated from it, they cannot hold positions provided in the state of organization with degrees superior to those they have. + Article 81 Officers in activity may be appointed to positions below the degrees they have, in the following situations: a) when changes occur in the organization states or in the case of reorganization of the army; b) in exceptional cases, at the request of the officers or when they are proposed through the service assessments, for duly justified reasons; c) when they are sanctioned with relegation to office. In the situations mentioned in par. 1 lit. b) and c), officers may be appointed to positions by way of derogation from the provisions of art. 74 74 para. 2. Appointment to positions, under the conditions provided in par. 1 lit. b) and c) shall be made with the approval of the Minister of National Defence or the commanders established by him. + Article 82 The situation of officers, military foremen and sub-officers in activity, which are made available, shall be resolved as follows: a) for those made available for the purpose of falling or passing in reserve or in withdrawal, within no more than 3 months. In exceptional cases, with the approval of the Minister of National Defence, this term can be extended by an additional 3 months. During the time they are in this situation, those concerned shall carry out the duties established by the commanders of the military units to whose disposition they are; b) for those made available in cases of illness established by Government decision, upon expiry of the term of admission and sick leave for treatment, without exceeding the maximum term provided by the regulations in force for the sick employees in public administration. The restored military personnel will be appointed, and those whose disease remains will be passed, as the case may be, in reserve or withdrawal, with the right of pension according to the law; c) for those fallen in captivity, no later than 3 months after the return to the country. During this period special commissions, established by the disposition of the Chief of General Staff, will investigate the conditions of the fall in captivity and the behavior of those concerned during it. Depending on the outcome, those found innocent will be assigned to positions, and those guilty of acts falling under criminal law will be placed in reserve. + Article 83 Officers, military maisters and petty officers are part of weapons or services and have military specialties, in relation to the profile of their professional training. The nomenclature of weapons, services and military specialties shall be established by the head of the General Staff. + Article 84 The passing of officers, military foremen and petty officers from a weapon, service or military specialty to another can be carried out, in relation to the needs of the army, after obtaining an appropriate preparation, through one of the following forms: a) graduation, with a bachelor's degree, of a military academy or of a civil institution of higher education with a corresponding profile of weapons, services and military specialties necessary for the military or military educational institutions for the training of officers, by those who have not had studies of this level; b) completion of a training or specialization course lasting at least 3 months, followed by a practically uninterrupted internship of at least 2 years in the new weapon, service or military specialty, during which they were appreciated with the rating at least "good". Military maisters and petty officers can be passed from a weapon, service or military specialty to another and by passing the grade exam, if before supporting it they have a virtually uninterrupted internship of at least 2 years in the new weapon, service or military specialty, during which they were appreciated with the rating at least "good". Officers, military maisters and petty officers pass from a weapon, service or military specialty to another by order of commanders established by the Minister of National Defence. + Chapter 7 Passing in reserve or directly in withdrawal of military personnel + Article 85 Officers, military maisters and sub-officers in activity may be placed in reserve or directly in withdrawal, as the case may be, in the following situations: a) on reaching the standard retirement age for the age limit; ------------ Letter a) a par. 1 1 of art. 85 85 has been amended by section 4.2 20 20 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. b) are ranked "unfit for military service" by the commissions of medical-military expertise, except for the situation in which the maintenance in activity has intervened under the conditions of art. 21 21 para. 4 4; ------------ Lit. b) a par. 1 1 of art. 85 85 has been amended by section 4.2 3 3 of art. unique from LAW no. 30 30 of 27 March 2014 , published in MONITORUL OFFICIAL no. 255 255 of 8 April 2014. c) are ranked "limited apt" by the commissions of medical-military expertise, except for the situation in which the maintenance in activity has intervened under the conditions of art. 21 21 para. 4 4; ------------ Lit. c) a par. 1 1 of art. 85 85 has been amended by section 4.2 3 3 of art. unique from LAW no. 30 30 of 27 March 2014 , published in MONITORUL OFFICIAL no. 255 255 of 8 April 2014. d) have reached the age limit in grade; e) when, following the reorganization of some units and the reduction of some functions in the organization states, there are no possibilities to be assigned to other positions or units, as well as for other reasons or needs of the Ministry of National Defence; e ^ 1) at the expiry of the term provided for in the contract concluded under the 41 41 ^ 1, if one of the parties does not agree with its renewal; ------------- Letter e ^ 1) a par. 1 1 of art. 85 85 was introduced by section 4.2. 13 13 of art. I of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001. f) to be appointed to a civil, civil service, with the mention of being placed in reserve; g) on request, for duly substantiated reasons; h) by resignation; i) when they show disinterest in performing their duties and duties or in perfecting their military and specialized training; i ^ 1) when they do not promote physical training scales, under the conditions established by order of the head of the institution; ------------ Lit. i ^ 1) a par. 1 1 of art. 85 85 was introduced by section 4.2. 2 2 of art. unique from LAW no. 171 171 of 31 May 2013 , published in MONITORUL OFFICIAL no. 320 320 of 3 June 2013. j) when committing serious deviations from the provisions of the military regulations or other legal provisions; k) when, for a crime committed at fault, they were applied by court decision to suspend the execution of the sentence under supervision or fine, as well as in cases when they benefited from amnesty or pardon before the start of execution of sentence ------------ Lit. k) a par. ((1) of art. 85 85 has been amended by section 4.2 1 1 of art. 33 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. l) when they violate art. 4 lit. a) para. 2 2 and art. 29 lit. f); m) in case of non-approval in order to grant the authorization of access to classified information or security certificate, to withdraw or if these documents are not revalidated, for reasons attributable to the military framework under the law; ------------ Letter m) a par. 1 1 of art. 85 85 was introduced by section 4.2. 21 21 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. n) after making available, according to the law, as a result of limiting the level of access to classified information, when not identifying a function corresponding to the degree held with a provision of the level of access to classified information entered in the job description, at the level granted after limitation. ------------ Point n) of par. 1 1 of art. 85 85 was introduced by section 4.2. 21 21 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. The transition into reserve or direct withdrawal shall be made ex officio, under the conditions provided in par. 1 lit. a), b), d), e), f), i ^ 1), l), m) and n), on the proposal of the councils, under the conditions provided in par. 1 lit. i) and j), and, under the other conditions, on the proposal of the commanders of the units to which they belong, submitted hierarchically ------------ Paragraph 2 of art. 85 85 has been amended by section 3 3 of art. unique from LAW no. 171 171 of 31 May 2013 , published in MONITORUL OFFICIAL no. 320 320 of 3 June 2013. Report of the commanders on the reserve transition of military personnel under the conditions provided in par. 1 lit. h) are submitted by hierarchical path, together with the resignation report, to those in whose competence they enter, according to art. 43 43, switching to reserve. Until the communication of the reserve passing order, those concerned are obliged to carry out the duties of their functions in which they are assigned, as well as all their duties. In times of war, mobilization, curfew and state of emergency military personnel do not pass into the reserve by resignation. Officers in activity who have reached the age limit in grade for the third grade in reserve, provided in art. 86 86 para. 4, as well as military personnel who were medically classified "unfit for military service with removal from the record" shall be directly withdrawn, by applying one of the provisions of par. 1, in relation to the reasons for changing the military situation. ------------ Paragraph 5 of art. 85 85 has been amended by section 23 23 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. Military personnel cannot be placed in reserve following the presentation of the resignation during the execution of the missions provided for in art. 2 2 of Law no. 42/2004 on the participation of armed forces in missions outside the territory of the Romanian state, as amended, as well as during the execution of other missions abroad. ------------ Paragraph 6 of art. 85 85 has been introduced by section 24 24 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 86 Age limits in degree to which military personnel can be maintained in activity are the standard retirement ages for the age limit provided by social insurance and pension legislation governing the public pension system. for national defence, public order and national security institutions. The age limits in the degree to which the generals and admirals can be kept in activity are: a) for brigadier general with a star, respectively a star of aerial flotilla with a star, for those in the aviation weapon, and rear admiral of flotilla with a star, for those in the marine weapon-56 years; b) for the two-star major-general, respectively the two-star rear Admiral, for those in the marine weapon-57 years; c) for the general-lieutenant with three stars, respectively the three-star Vice Admiral, for those in the marine weapon-58 years; d) for the four-star general, respectively four-star admiral, for those in the marine weapon-59 years. ------------ Paragraph 2 of art. 86 86 has been amended by section 4 4 of art. unique from LAW no. 171 171 of 31 May 2013 , published in MONITORUL OFFICIAL no. 320 320 of 3 June 2013. If the age limits in the degree referred to in par. 2 are lower than the standard retirement ages for the age limit provided by the social security and pension legislation governing the public pension system for national defence, public order and National security, generals and admirals are kept in business until the standard age. ------------ Paragraph 2 ^ 1 of art. 86 86 has been introduced by section 5 5 of art. unique from LAW no. 171 171 of 31 May 2013 , published in MONITORUL OFFICIAL no. 320 320 of 3 June 2013. Provisions of para. 2 applies exclusively to the Ministry of National Defence and the Ministry of Home ------------ Paragraph 2 ^ 2 of art. 86 86 has been introduced by section 5 5 of art. unique from LAW no. 171 171 of 31 May 2013 , published in MONITORUL OFFICIAL no. 320 320 of 3 June 2013. The generals and admirals of the Romanian Intelligence Service, the Foreign Intelligence Service, the Special Telecommunications Service and the Protection and Guard Service are kept in business after reaching the standard retirement age, until the age of 60, or are placed in reserve, on request, under the conditions of the legal provisions in force. ------------ Paragraph 2 ^ 3 of art. 86 86 was introduced by art. unique from LAW no. 327 327 of 5 December 2013 , published in MONITORUL OFFICIAL no. 762 762 of 9 December 2013. In relation to framing needs, military personnel can be kept in business after reaching the standard retirement age up to the age of 60, with the annual approval of the institution's leader. ------------ Paragraph 3 of art. 86 86 has been amended by section 6 6 of art. unique from LAW no. 171 171 of 31 May 2013 , published in MONITORUL OFFICIAL no. 320 320 of 3 June 2013. The age limits in the degree to which retired military personnel can be kept in the record are 55 years for the first class, 60 years for the second grade and 63 years for the third grade. ------------ Article 86 has been amended by section 6.6. 25 25 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 87 Officers, military maisters and petty officers in activity sentenced by court order to prison sentence with its execution, as well as those convicted of crimes committed with intent to prison sentence with suspension. execution times with a fine are passed in reserve or directly in withdrawal. Military personnel in activity convicted by court decision remaining final on the prison sentence with its execution shall be placed in reserve or directly in withdrawal ex officio. ------------ Paragraph 2 of art. 87 87 has been introduced by section 26 26 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. Military personnel in activity from the Ministry of National Defence convicted of crimes committed with intent to punishment of criminal fine or imprisonment, with suspension of execution or pardoned, before the start of execution of sentence or with on which the postponement of the application of the sentence was ordered, can be placed in reserve or directly in withdrawal or can be maintained in activity, on the basis of proposals submitted hierarchically to the commanders/heads who have established competences in this regard, by order of the Minister of National Defence ------------ Alin. ((3) of art. 87 87 has been amended by section 2 2 of art. 33 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 88 Officers, military maisters and subofficers in activity for which the councils have determined that they have violated the provisions of art. 28 28 and 30 para. 2 shall be placed in reserve or directly in retreat. + Article 89 The decision on the maintenance of military personnel sent to trial for the commission of crimes is taken after the final settlement of the case. Military personnel in activity in the Ministry of National Defence are suspended from office during the period when, being in pre-trial detention, they are prosecuted, sent to court or are tried by the courts. During the period of suspension from office, officers, military maisters and subofficers do not benefit from any rights from the Ministry of National Defence. By exception to the provisions of par. 2, military personnel, during the period of suspension from office, may benefit from the right provided in art. 9 lit. e) and the right of use of the service home. Military personnel in activity from the Ministry of Administration and Interior, the Romanian Intelligence Service, the Special Telecommunications Service and the Protection and Guard Service are made available when they are sent to trial or are tried by to the courts in a state of freedom for acts in connection with the exercise of the duties of the functions in which they are In the Ministry of National Defence, military personnel in activity are made available when they are sent to trial or are tried by the courts in a state of freedom for facts in connection with the exercise of their duties in which they are framed, only on the proposal of the councils and the unit commanders. Military personnel made available under the conditions provided in par. 4 and 5 shall carry out the tasks established, in writing, by the commanders of the establishments to which they belong and benefit from the money rights corresponding to the degree they have, to the minimum, as well as from the other rights established to the activity according to legal provisions. If the acquittal was ordered, the termination of the criminal proceedings, the renunciation of the sentence, the ranking or the waiver of the prosecution, the military personnel who were suspended from office under the conditions of par. 2 and who were at their disposal under the conditions of par. 4 and 5 are reinstated in the rights held at the time of suspension from office or at the time of making available, as the case may be, including in the previously held position or in an equivalent one, and will receive all the rights granted to them during the period suspended, respectively made available, according to the legal norms in force at the date of reinstatement in office. ----------- Alin. ((7) of art. 89 89 has been amended by section 3 3 of art. 33 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. Military personnel convicted by court decision remaining final to a custodial sentence with its execution that have previously been suspended from positions shall be placed in reserve as of the date of suspension. Military personnel who have committed acts for which the prosecution has begun or for which they have been sent to trial may be subject to disciplinary sanctions only after the case has been resolved by the prosecutor's office or by the court. During this time the disciplinary procedure is suspended. ------------ Article 89 has been amended by section 6.6. 27 27 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 90 Military personnel in activity, who do not meet the conditions of retirement, cannot be placed in reserve during the time they are in temporary incapacity to work, being admitted to hospitals or sanatoriums, are found on sick leave or on holidays for the growth of the child, and the women's military personnel, even during the period of pregnancy, maternal and maternity risk leave, granted according to art. 15. ------------ Paragraph 1 of art. 90 90 has been amended by art. II of EMERGENCY ORDINANCE no. 77 77 of 28 June 2007 , published in MONITORUL OFFICIAL no. 444 444 of 29 June 2007. Provisions of paragraph 1 does not apply to those to be placed in reserve according to the provisions of art. 85 85 para. 1 lit. g), h), j), k) and l), art. 87 87 and 88. + Article 91 Officers, military maisters and petty officers who have commitment with the Ministry of National Defence to perform service in the military for a certain period of time, in the situation that they do not respect the commitment and are placed in reserve by applying one of the provisions of art. 85 85 para. 1 lit. g)-l), art. 87 and 88, are required to refund maintenance expenses during schooling, under the conditions established by law. + Chapter 8 Age limits and minimum traineeships + Section 1 Age limits in grade + Section 2 Minimum traineeships + Article 94 In time of peace, the minimum period in the degree for the submission to the following degree of officers, military foremen and sub-officers in activity shall be established as follows: A. For officers: a) Ensign and aspirant 3 years b) Lieutenant 5 years c) Captain 5 years d) Major and Lieutenant Commander 5 years e) lieutenant colonel and captain-commander 5 years. For the degrees of colonel, commander and superior to them no internships are established in the degree. ------------ Paragraph 2 of art. 94 94 has been amended by section 29 29 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. B. For military foremen and non-commissioned officers: a) Military foreman 4th grade and staff sergeant 4 years b) Military foreman class III and plutonier 5 years c) Military foreman 2nd class and major plutonier 7 years d) Military foreman class of I and adjutant plutonier 6 years. + Article 94 ^ 1 For the military personnel provided in art. 2 2 para. 2 2 ^ 1 lit. Aa) the minimum internship in the grade for the advance to the next degree, in peacetime, is 3 years. ------------- Art. 94 ^ 1 was introduced by item 16 16 of art. I of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001. + Article 95 The time when the military personnel in activity in the Ministry of National Defence were absent from the program due to the temporary incapacity for work and holidays provided in art. 15, if the absences amount to 365 days during 2 consecutive calendar years. ------------ Article 95 has been amended by section 6.6. 30 30 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 96 The minimum internship in grade is reduced by one year for officers, military maisters and sub-officers in activity who, for the entire duration of the internship, perform duties of aircrew in aviation, parachutists, ambarcat personnel on submarines, torpedo stars or other similar vessels, established by order of the Minister of National Defence, as well as for divers. + Article 97 In peacetime, the minimum internship for officers, military maisters and retired sub-officers is higher by one year than the one provided for in art. 94, and in time of war is the one in that article. At the call in activity, for the establishment of the internship in the degree they have, three-fourths of the internship are taken into account in the degree they have as reservists. + Article 98 In time of war, the minimum internship in the degree is reduced by half for officers, military maisters and subofficers in activity, as well as for those in reserve mobilized in military units. The time they are in units in the area of military actions is double the calculation of the minimum internship in the degree. + Article 99 The time as officers, military maisters and sub-officers in activity were sentenced with conditional suspension of execution of the sentence or were convicted with its execution, but were amnesty or pardoned before the execution began, as well as during the time the officers, military maisters and retired subofficers were sentenced to prison with execution of sentence in a place of detention or by work without deprivation of liberty, not taken in the calculation of the minimum internship in degree, with the exception of cases where, following a retrial, the competent court has delivered the payment. + Chapter 9 Final and transitional provisions + Article 100 The system of record of military personnel in activity and in reserve, the methodology of this activity, in time of peace and in time of war, as well as the bodies that keep records are established by the Ministry of National Defence, less the situations regulated by law. The official act proving, within the Ministry of National Defence, the seniority in the military service and the functions carried out by the officers, military foremen and non-commissioned officers is the matrix sheet. + Article 101 Officers, military maisters and sub-officers in activity can be posted to execute missions outside the Ministry of National Defence. The posting and termination of the posting shall be made by order of the Minister of National Defence or of the commanders established by him. During the posting, officers, military maisters and subofficers have duties and rights accruing them from the quality of military framework in activity, as well as the obligation to participate in military training within the unit established by the Ministry National Defense. If the interests of the Ministry of National Defence impose it, it may be ordered to terminate the posting of military personnel by order of the Minister of National Defence or the commanders established by him + Article 102 Officers, military maisters and sub-officers placed in reserve or directly in retreat may be employed in civilian sectors on the basis of the license or graduation diploma of military educational institutions or are considered military studies. according to the equivalence established by a classification developed by the Ministry of National Defence and the Ministry of Education, with the opinion of the Ministry of Labour + Article 103 Officers, military foremen and subofficers placed in reserve according to the provisions of art. 85 85 para. 1 lit. c), d) and e) and who do not meet the conditions to benefit from military service pension will be provided with priority, retraining and reintegration into work through the care of the Ministry of Labour and Social Protection. + Article 104 Within the meaning of the provisions of this law, by the term military units are understood the companies and the battalions of the special body, as well as all the similar level echelons In the event of war the units considered as part of the area of military actions shall be established by the Grand Headquarters. + Article 105 In order to maintain the link of officers, military foremen and sub-officers in reserve with current concerns within the military, the Ministry of National Defence organizes actions to inform them of various sides and aspects of the development of military science and art, of perfecting the process of preparing troops and endowments with military technique. + Article 106 Officers in activity and in reserve who on the date of entry into force of this law have the rank of lieutenant major will be submitted in the following degree as follows: a) those who are in the last year of internship in grade or have exceeded this internship will be submitted to the rank of captain; b) officers in activity who are up to 4 years old and retired officers who are up to 5 years old will be put forward to the rank of captain and will be extended their internship to this degree by the number of years they have been. advance to the degree earlier than under the conditions provided by the existing regulations until the entry into force of this law. Officers in activity referred to in par. 1 shall be submitted in the following degree without being required to be assigned to functions provided for in the organization states with a degree equal to or greater than the rank of captain. Officers who on the same date have the rank of lieutenant are extended their internship in grade, above that established in art. 94, with 3 years of those in activity and 4 years to those in reserve. Officers in activity referred to in par. 3, during the 3 years, but only until the first modification of the grade soldiers, will receive the grade solda corresponding to the rank of major lieutenant, provided in the regulations existing on the date of entry into force of this law. + Article 107 Art. 55 55 para. 1, regarding the seniority in positions provided in the organization states with a higher degree to the one they have the officers to be submitted in the next degree, shall apply after one year after the entry into force of this law. Art. 56 56 para. 1 paragraph B lit. a) and art. 80 applies to officers in activity after a period of 3 years, during which time the exam for the rank of major can also be organized, and those from art. 56 56 para. 1 paragraph B lit. b) and paragraph C lit. c), after a period of 6 years from the entry into force of this Law. For 3 years from the entry into force of this Law, Lieutenant-Colonel and Captain-Commanders who do not meet the conditions provided in art. 56 56 para. 1 paragraph C lit. b) will be able to be submitted to the following degree after passing the exam for the rank of colonel and commander respectively. Within 5 years from the entry into force of this law, all cases falling under the provisions of art. 74 74 para. 2. Officers with degrees from the captain to the lieutenant colonel and captain-commander who, within one year from the date of entry into force of this law, are placed in reserve or directly in withdrawal by applying art. 85 lit. a)-e) and were not advanced to the degree during the time they were in activity, because they were not assigned to functions corresponding to the new degrees, to the reserve or directly into withdrawal will be submitted in the next degree, even if they do not meet the conditions of the head. IV, except for art. 54. Military personnel are awarded the order or medal "Military Merit", according to the legal provisions in force, granting them patents that attest to the awarded decorations. Lieutenant-colonels and captain-commanders without higher military studies, assigned to colonel positions, respectively commander, will be able to be advanced to the next degree, in 3 years after the entry into force of this law, following the promotion the examination for the rank of colonel and commander, even if they do not meet the conditions provided in art. 56 56 para. 1 paragraph C lit. a). + Article 108 The provisions of this law relating to retired and retired military personnel, military pensioners, shall also apply to those in payment upon the entry into force of this law. + Article 108 ^ 1 The rank of sergeant *) awarded to the military of the Ministry of National Defence until the date of entry into force of this emergency ordinance is replaced by the rank of corporal. ------------ Paragraph 2 of art. 108 ^ 1 was repealed by section 1. 31 31 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. ------------- Art. 108 ^ 1 was introduced by item 17 17 of art. I of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001. *) NOTE C.T.C.E. S.A. Piatra-Neamt: According to para. ((1) art. II of EMERGENCY ORDINANCE no. 90 90 of 21 June 2001 , published in MONITORUL OFFICIAL no. 349 349 of 29 June 2001, throughout the whole Law no. 80/1995 on the status of military personnel, with subsequent amendments and completions, the term sergeant, respectively sergeants, is replaced, for the Ministry of National Defence, with the term corporal, respectively corporals. The ranking coefficient of the grade soldiers for military foremen Class V and sergeants is the one provided in Law no. 138/1999 for sergeant. + Article 109 The provisions of this law also apply accordingly to officers, military foremen and sub-officers belonging to the Ministry of Interior and the Ministry of Justice, respectively to specialized state services in the field of defense and safety national who, according to the law, have military personnel in their own structures The powers of the Minister of National Defence, established by this Law, are fulfilled, as the case may be, by the heads of the respective ministries and services; those of the Chief of General Staff, by their rightful replacements, and those of the Ministry College, the board of directors Art. 2 2 para. 2 2 ^ 1 paragraph A, paragraph B lit. a) and b), art. 5 5 para. 2 2, art. 41 ^ 1, art. 50 50 para. 5 5, art. 51 51 para. 2 2, art. 75 ^ 1, art. 85 85 para. 1 lit. e ^ 1) and art. 108 ^ 1 applies exclusively to military personnel in the Ministry of National Defence. ------------ Paragraph 3 of art. 109 109 has been amended by section 32 32 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. The appointment, promotion, transfer, age limits, maintenance conditions in the magistracy and other aspects of the professional career of military judges and prosecutors are subject to the rules governing the status of judges and Prosecutors. ------------- Alin. ((4) of art. 109 109 has been amended by section 4 4 of art. 33 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. Art. 27 applies exclusively to military personnel from the Ministry of National Defence, the Ministry of Administration and Interior, the Special Telecommunications Service, the Protection and Guard Service and the Romanian Intelligence Service. ------------ Paragraph 5 of art. 109 109 has been introduced by section 33 33 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. Art. 85 85 para. 1 lit. n) applies exclusively to military personnel from the Ministry of National Defence, the Ministry of Administration and Interior, the Special Telecommunications Service, the Romanian Intelligence Service and the Foreign Intelligence Service. ------------ Paragraph 6 of art. 109 109 has been introduced by section 33 33 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. Art. 77 77 ^ 1 and art. 78 78 para. 3 applies exclusively to military personnel from the Ministry of National Defence, the Ministry of Administration and Interior, the Romanian Intelligence Service, the Protection and Guard Service and the Special Telecommunications Service. ------------ Paragraph 7 of art. 109 109 has been introduced by section 33 33 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. Art. 85 85 para. 6 applies exclusively to military personnel from the Ministry of National Defence, the Ministry of Administration and Interior, the Foreign Intelligence Service, the Romanian Intelligence Service and the Special Telecommunications Service. ------------ Paragraph 8 of art. 109 109 has been introduced by section 33 33 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. Art. 87 87 para. 1 applies exclusively to military personnel from the Ministry of Administration and Interior and the Protection and Guard Service. ------------ Paragraph 9 of art. 109 109 has been introduced by section 33 33 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. Art. 87 87 para. 2 applies exclusively to military personnel from the Ministry of National Defence, the Romanian Intelligence Service, the Foreign Intelligence Service and the Special Telecommunications Service. ------------ Paragraph 10 of art. 109 109 has been introduced by section 33 33 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. Art. 87 87 para. 3 applies exclusively to military personnel from the Ministry of National Defence, the Romanian Intelligence Service, the Foreign Intelligence Service and the Special Telecommunications Service. ------------ Paragraph 11 of art. 109 109 has been introduced by section 33 33 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. Art. 89 89 para. 5 applies exclusively to military personnel from the Ministry of National Defence and the Foreign Intelligence Service. ------------ Paragraph 12 of art. 109 109 has been introduced by section 33 33 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. Art. 2 2 para. 2 2, art. 55 55 para. 1 1 and art. 56-59, 62, 80 and 81 do not apply to officers, military foremen and sub-officers in the Ministry of National Defence. ------------ Paragraph 13 of art. 109 109 has been introduced by section 33 33 of art. I of LAW no. 53 53 of 21 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. Art. 21 21 para. 4 4 and art. 25 25 para. 2-4 applies exclusively to military personnel from the Ministry of Internal Affairs, the Foreign Intelligence Service, the Romanian Intelligence Service, the Protection and Guard Service and the Special Telecommunications Service. ------------ Paragraph 14 of art. 109 109 has been introduced by section 4 4 of art. unique from LAW no. 30 30 of 27 March 2014 , published in MONITORUL OFFICIAL no. 255 255 of 8 April 2014. + Article 110 Transfer of military personnel between ministries and services referred to in art. 109 is made by order of the head of the institution under which he transfers, at the request or with the consent of the head of the institution to which he transfers + Article 111 Ministers, secretaries of state, state subsecretaries and their assimilations, civilians, from the Ministry of National Defence and the institutions provided for in art. 109, benefit from the material rights established in this law for military personnel in activity, equivalent to officers with a rank of general, respectively admiral. ------------- Article 111 has been amended by section 1. 6 6 of art. I of EMERGENCY ORDINANCE no. 4 4 of 26 February 2004 , published in MONITORUL OFFICIAL no. 220 220 of 12 March 2004. + Article 112 For the purposes of this law, the family of military personnel includes the husband, children and parents in their legal maintenance. + Article 113 This law comes into force after 60 days from its publication in the Official Gazette of Romania. On the same date Officers 'body status, Military foremen's body status and subofficers' body status, approved by H.C.M. no. 1.177/1965 ,, No. 924/1964 924/1964 and No. 1.178/1965, and any other provisions to the contrary shall be repealed. This law was adopted by the Chamber of Deputies and the Senate at the joint meeting of June 29, 1995, in compliance with the provisions of 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT VASILE LUPU SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN ----------------------