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Law No. 30 Of May 6, 1996

Original Language Title:  LEGE nr. 30 din 6 mai 1996

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LEGE No. 30 of 6 May 1996 for the modification and completion of the Law no.42/1990 for the honor of the heroes-martyrs and the granting of rights to their descendants, to the injured, to those who were detained from 16 to 22 December 1989 as a result of the participation in the actions of the as well as those who participated directly, from 16 to 25 December 1989, in the battles for the victory of the Revolution of December 1989
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 96 of 13 May 1996



The Romanian Parliament adopts this law + Article UNIC Law no. 42/1990 for the honoring of the heroes-martyrs and the granting of rights to their descendants, to the injured, to those who were detained from 16 to 22 December 1989 as a result of participation in the actions of the revolution, as well as those who participated directly, in -25 December 1989, in the battles for the victory of the Revolution of December 1989, as republished in the Official Gazette of Romania, Part I, no. 204 of 21 August 1992, shall be amended and supplemented as follows: 1. The title of the law is amended "Law to honor the heroes-martyrs and grant rights to their descendants, to the wounded, as well as to the fighters for the victory of the Revolution of December 1989" 2. Article 2, paragraphs 2 and 3 shall read as follows: " The title of Fighter for the Victory of the Romanian Revolution of December 1989 is also conferred on those who were detained from 16 to 22 December 1989 as a result of participating in the actions for the victory of the revolution, as well as those who from 16 to 25 December 1989, distinguished themselves by special deeds in the struggle for the victory of the revolution. Persons referred to in par. 2 must provide proof of special facts in the battles for the victory of the revolution and be recommended by an association, a club, a foundation or a league of fighters, legally constituted until December 30, 1992. " 3. In Article 2, after paragraph 3, a new paragraph is inserted, which shall read as follows: " In order to recognize the quality provided by this law, the issuance of proof certificates and the proposal of the distinctions provided in 1, 2, 2 ^ 1 and 3 of this law the Commission is established to honor and support the heroes of the Revolution of December 1989. The composition of the commission, whose members are appointed by Government decision, is as follows: -a representative of the Ministry of Labour and Social Protection; -a representative of the Ministry of Health -a representative of the Ministry of Finance -a representative of the Ministry of National Defence -a representative of the Ministry of Interior; -a representative of the Justice Ministry; -a representative of the Public Ministry; -a representative of the General Secretariat of the Government; -a representative of the State Secretariat for the Revolutionary Issues of December 1989; -8 representatives of associations of revolutionaries, legally constituted until April 30, 1991, by rotation, under the conditions provided by the Regulation of organization and functioning of the commission. The chairman of the commission is appointed to the proposal of associations of revolutionaries, legally constituted until April 30, 1991, by the Government, and will be employed by the Government. The State Secretariat for the Problems of the Revolutionaries of December 1989 ensures the application of the provisions of the present law and the execution of the secretariat and archive The General Secretariat of the Government will provide the space and funds necessary to carry out the commission's 4. Article 2 (4) shall read as follows: " The deadline for submitting files in order to recognize the quality of fighter for the victory of the Revolution remains from December 1989 or participant to the victory of the Revolution of December 1989 is 60 days after the entry into force of the present law. " 5. In Article 2, after paragraph 4, a new paragraph is inserted, which shall read as follows: " The issuance of proof certificates will be made according to the methodology established by the Regulation of organization and functioning of the Commission for the honor and support of the heroes of the December 1989 Revolution, approved by Government decision, in days after the entry into force of this Law. " 6. Article 2 shall be inserted after Article 2, which shall read as follows: "" Art. 2 2 ^ 1. -The title of Participant in the Victory of the Romanian Revolution of December 1989 is established for those who participated in the actions carried out in the December 1989 Revolution, other than those provided in art. 2 2 para. 2. Persons referred to in par. 1 must provide proof of participation in the actions of the revolution and be recommended by an association or league of fighters from the revolution, legally constituted until December 30, 1992. The title of Participant in the Victory of the Romanian Revolution in December 1989 is honorary. The beneficiaries of this title will receive a distinct patent, under the conditions 5 5 of this law. " 7. Article 3 shall read as follows: "" Art. 3. -As a sign of appreciation for the participants in the actions for the victory of the revolution, the Romanian Revolution of December 1989 was established, in conditions of this law. " 8. Article 4 shall read as follows: "" Art.4. -The securities provided in art. 1, 2 and 2 ^ 1, as well as the medals provided for each title shall be conferred by the President of Romania, on the proposal of the commission provided in art. 2 2 para. 4; the competence of the commission and the criteria for the award of securities are set out in Annexes no 1 and 2 which form an integral part of this law. Titles that have not been conferred under the conditions of par. 1 or whose beneficiary had no special merits are null and void. The nullity of the securities can be found, ex officio or at the request of any interested person, by the Commission for the honor and support of the heroes of the December 1989 Revolution, provided by this law, by decision of finding nullity. Decisions to determine the nullity of certificates will be able to be found, within 30 days, at the special parliamentary committee provided for in Article 5 ^ 1. Verification of the files of those who acquired the titles provided in par. 1 will be made ex officio or at the request of any interested person, within one year from the entry into force of this law, by the Commission for the honor and support of the heroes of the Revolution of December 1989. " 9. Article 5 shall read as follows: "" Art. 5. -The description, the way of attribution and the wearing of the marks are established by a regulation, approved by decision of the The description of the content of the certificates issued by the Commission for the Honoring and Support of the Heroes of the Revolution of December 1989 is established by a regulation The certificates shall be issued by the Commission for the honor and support of the heroes of the December 1989 Revolution of persons referred to in 1 1 and 2 and only on the basis of the supporting documents provided for in 2. The certificate will expressly register the rights to which the holder benefits; the certificates will be signed by the President and the Secretary of the Commission for Honoring and Supporting the Heroes of the Revolution of December 1989. The exchange of existing certificates will be made after the verification of the files, within 60 days. By the same regulation will be instituted, for the parents of the heroes-martyrs, a distinctive homage insignia, with the right to wear it. The conferment of the distinctions provided for in this law shall be attested by 10. Article 5 shall be inserted after Article 5, which shall read as follows: "" Art. 5 5 ^ 1. -The parliamentary commission for monitoring the application of this law is established, by decision of the Romanian Parliament The commission will consist of 5 senators and 6 deputies, according to the political configuration of the Parliament. " 11. Article 8 (1) (d), h), 0), p), s) and s) shall read as follows: "d) the granting of bank loans or facilities for the purchase or establishment of a single dwelling under the most favorable conditions provided by law;" " h) the free provision of prostheses for injured persons who have lost all or part of their work capacity; ' " 0) the free granting of an autonomous means of transport corresponding to international standards and the exemption from customs duties in order to purchase from import it for the injured in the battles for the victory of the Revolution of December 1989 or in connection with the events of December 1989, which fall within the medical criteria in force; " "p) free legal assistance provided through the bars of lawyers in cases related to the subject of this law;" "s) scholarships for students and students in state educational institutions, under the law, regardless of income, for the surviving spouse and descendants of the hero-martyr, invalids or wounded of the revolution;" " s) obtaining bank loans of maximum 50 million lei for investments of a productive nature contracted between banks and beneficiaries and subsidizing by the state the interest on these loans 50%, within the limits of the provisions the annual budget approved for that purpose. The government will periodically approve the update of the mentioned credit limit, in relation to the evolution of prices 12. Article 8, paragraphs 3 and 4 shall read as follows: " The rights provided in par. 1 lit. f)-i) shall be granted only during the period during which the beneficiaries retain the status of survivor, injured or invalidity pensioner. The rights provided in par. 1 lit. a)-f), i)-n) and p)-t) also benefit the persons referred to in art. 2 2 para. 2 2. " 13. Article 10 shall read as follows: "" Art. 10. -The surviving husband of the hero-martyr, who has one or more children in his maintenance, will receive, in addition to the rights provided in art. 7 and to art. 8 8 para. 1, and a monthly allowance equal to the minimum basic salary per country, until the completion of studies in accredited educational institutions, but not later than the 25th anniversary of the children. In the event of death of the surviving spouse, the rights provided for in this Article shall be granted to the legal representatives of the minor children of the martyrs ' 14. Articles 15 ^ 1 and Article 15 shall be inserted after Article 15. 15 ^ 2, which will have the following contents: "" Art. 15 15 ^ 1. -Failure to comply with the provisions of this law shall entail, where appropriate, the disciplinary, administrative, civil or criminal liability of the guilty. "" Art. 15 15 ^ 2. -Young people who were awarded the title of Fighter for the Victory of the Romanian Revolution of December 1989 and who on January 1, 1990 were under 21, through the care of the Government will be selected, depending on the moral qualities, skills and preparation and recommended to be assigned to central and local institutions and other budget units, depending on their competence and in compliance with the legal provisions. " 15. The letter A of the Annex (which becomes Annex no.1) shall be deleted. 16. In point B of Annex no.1, after paragraph 1, two new paragraphs are introduced, which will have the following contents: " The competence of the Commission for the honor and support of the heroes of the December 1989 revolution is the one provided by the present law and the Regulation of organization and functioning of the commission, approved by Government decision. The documents necessary to establish the quality in order to issue the certificates shall be constituted in the archive of the Commission for the honor and support of the heroes of the 17. After Annex no.1, Annex no. 2, which will have the following contents: + Annex 2 GRID on the classification of applicants 1 1, 2 and 2 ^ 1 di present law The title of Hero-Martyr of the Romanian Revolution of December 1989 is given to those who lost their beef for the freedom of the Romanian people from 16 to 25 December 1989, as well as to those who died as a result of serious injuries caused in the same period. The title of Fighter for the Victory of the Romanian Revolution of December 1989 is awarded -injured with or without degree of invalidity, if they actively participated in the victory of the Romanian Revolution of December 1989; -those detained from 16 to 21 December 1989, if it follows that they were detained in demonstrations in street demonstrations in connection with revolutionary activities and not for the commission of criminal acts of common law; -persons who actually participated in the revolutionary activities from 16 to 25 December 1989 and were distinguished by special facts. Proof of the activity of the fighters and their merits shall be attested by the following mandatory -minutes concluded by the constituent organizations: -certificate or other documents; -statements of the persons participating in the December 1989 Revolution, recognized by the fighters, but also in conjunction with other conclusive evidence. The title of Participant in the Victory of the Romanian Revolution of December 1989 is conferred on those persons who, by direct or indirect contribution, contributed to the victory of the Revolution of December 1989. This law was adopted at the joint sitting of the Chamber of Deputies and the Senate of April 17, 1996, in compliance with the provisions of 74 74 para. ((2) and art. 76 76 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE PRESEDINTELE SENATE ION SOLCANU ----------------------------