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Law No. 46 Of 5 June 1996 Concerning The Preparation Of The Population For Defense

Original Language Title:  LEGE nr. 46 din 5 iunie 1996 privind pregătirea populaţiei pentru apărare

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LEGE no. 46 46 of 5 June 1996 (* updated *) on the preparation of the defence ((updated until 02 July 2004 *)
ISSUER PARLIAMENT




--------------- *) The initial text was published in the OFFICIAL GAZETTE no. 120 120 of 11 June 1996. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until July 2, 2004, with the amendments and additions made by: EMERGENCY ORDINANCE no. 38 38 of 5 April 1999 rejected by LAW no. 565 565 of 19 October 2001 ; EMERGENCY ORDINANCE no. 96 96 of 29 June 2000 ; ORDINANCE no. 84 84 of 30 August 2001 ; EMERGENCY ORDINANCE no. 32 32 of 8 May 2003 ; EMERGENCY ORDINANCE no. 50 50 of 15 June 2004 . The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 All citizens of the country have the right to defend Romania. + Article 2 The preparation of the population for defending the homeland is achieved by a) performance of military service; b) participation in other forms of preparation. + Chapter 2 Performance of military + Section 1 Common provisions + Article 3 Military service is mandatory for all men, Romanian citizens, and is fulfilled in the following forms: a) as military in the term; b) as military with reduced term; c) as reservists focused or mobilized. They are considered in the military service and Romanian citizens, men and women, who are part of the frames in activity, students and students of military educational institutions and military employees on a contract basis. The time a person performs military service constitutes seniority in work. + Article 4 Citizens who, for religious reasons, refuse to perform the military service under weapons execute the alternative utility service, according to the present law. The way of execution of the alternative utility service is determined by Government decision. + Article 5 During the performance of military service in one of the forms provided in art. 3 3 para. 1 and 2, citizens are prohibited from carrying out political activities in military units. + Article 6 I don't do military service a) mental alienation and debility; b) those ranked unfit for military service with removal from the record, for invalidity or permanent diseases, other than those provided in lett. a); c) ordained or ordained personnel belonging to religious cults recognized by the law; d) those sentenced to imprisonment, during the execution of the sentence, as well as those remanded in custody or sent to trial until the date of the final stay of the decision by which the criminal case was settled; e) those who suffered prison sentences over 5 years for crimes committed with intent. + Article 7 Citizens with a permanent residence in Romania, who have acquired or regained Romanian citizenship, meet the military oblibations after a period of no more than 6 months from the establishment or restoration in the country. Citizens who have fulfilled military service in other countries are exempted from the oblibations provided in art. 3 lit. a) and b). + Article 8 Citizens fulfilling the military service shall take the following oath: " I, ....., swear allegiance to my homeland Romania. I swear to defend my country, even at the cost of I swear to respect the country's laws and military regulations So help me God! " + Section 2 Military service within + Article 9 In order to fulfill the military service within the period, the territorial military bodies shall carry out, annually, during the periods established by the General Staff, the recruitment of young people and Periods when recruitment and incorporation are carried out will be announced by means of mass information. + Article 10 Young men taken to the military record are called recruits. The totality of Romanian citizens born in the same year form a contingent that is indicated by the year of Young people are recruited who, in the year when recruitment is made, meet the age of 19. Students of high schools or other equivalent schools are recruited in the last year of study, even if they have not reached the age provided in the previous paragraph. In times of war, young people are recruited in the year when they reach the age of 18. + Article 11 They are incorporated for the performance of military service within men, Romanian citizens, who have reached the age of 20. In times of war, as well as their demand in peacetime, young people can be incorporated after the 18th birthday. The maximum age limit until which Romanian citizens can be called for the performance of the military service within is 35 years. + Article 12 The duration of the military service within is 12 months for the military of all weapons. The duration of the military service in the term shall be counted from the first day of the month following the incorporation. Extension of military service is done according to law + Article 13 The duration of the alternative utility service is 24 months. On request, citizens who perform the alternative utility service can be passed, at the first incorporation, to fully execute the military service within the deadline. + Article 14 To be recruited or incorporated, citizens are required to appear on the date, time and place provided for in the calling order. Young people who, for different reasons, have not received a call order, are obliged to report to the county, municipal, sector military centers, on whose territorial area they have their domicile or residence, until the end of the year at the end of the year. who are of age to be recruited or incorporated. + Article 15 Recruitment and incorporation shall be carried out by the local recruitment-incorporation commissions, established by the county, municipal and sector military centres, as the case may be. Besides a military center can operate one or more local recruitment-incorporation commissions that will carry out their activities in the locality of residence, as well as in other localities in the county. Each local recruitment and incorporation commission shall consist of: a) President: -an officer from the county, municipal or sector military center; b) members: -a local council delegate; -a police delegate from the respective locality, officer or petty officer; -a doctor designated by the county health department, respectively of the city of Bucharest; c) Secretary: -an officer or petty officer from that military center. + Article 16 The local recruitment-incorporation commissions have the following tasks: a) examine medically and psychologically test young people at recruitment and recruits at incorporation, establishing whether or not they are fit for military service, in accordance with the provisions of the medical barem approved by the Minister of National Defence; b) assign to recruitment young people on weapons, and to incorporate recruits on military units and formations, for the performance of military service; c) grants military service exemptions and aminations from the incorporation of recruits, under the conditions of this law. The decisions of the local recruitment-incorporation committees are communicated to young people and recruits. + Article 17 The recruits can appeal against the decisions of the local recruitment-incorporation commissions, at the county commission, respectively of the city of Bucharest, to analyze the appeals regarding the recruitment-incorporation, which is constituted from: a) President: -commander of the military centre b) members: -delegate of the county council; -the delegate of the police inspectorate; -the military center doctor. The appeal is submitted to the county commission for the analysis of appeals regarding the recruitment-incorporation, respectively of the city of Bucharest, no later than 2 days after the communication of the decision that is appealed. The appeal must be resolved within a maximum of 5 days from the date of registration. The decision of the county commission, respectively of Bucharest, is final. + Article 18 The specialized medical examinations at the recruitment-incorporation commissions are carried out at their premises or in hospitals and dispensary-polyclinics, by specialist doctors, established by the county health department, respectively of the municipality Bucharest, in agreement with the doctor of the military center, as well as in territorial military hospitals. These doctors are part of the recruitment-incorporation committees. + Article 19 The medical conclusions of the county commissions, respectively of the city of Bucharest, of recruitment-incorporation can be revoked only by the Central Commission of Medical-Military Expertise. + Article 20 The sanitary directions provide the auxiliary medical-health personnel and medical instrumentation necessary to perform the medical examination It also organizes medical treatment and provides recruits with free medical assistance and treatment in hospitals, polyclinic dispensaries, for those diseases that make them, temporarily, unfit for military service. + Article 21 Recruits who are unique family maintainers and effectively contribute to its maintenance are exempt from military service, if: a) the wife of the recruit is ill, classified in the first or second degree of invalidity; b) the recruit has one or more minor children, and his wife has died; c) the father of the recruit is at least 62 years of age and mother 57 years; d) both parents are disabled in the first or second degree, regardless of age; e) the parent in life meets one of the conditions provided in lett. c) or d); f) the parent legally separated or in fact, in the maintenance of the recruit, meets one of the conditions provided in lett. c) or d), if the separation took place at least 2 years before the recruitment. They are also exempt from military service and recruits who are sole supporters of sisters and brothers disabled in the first or second degree, if they actually contribute to their maintenance. The recruits established benefit from the provisions of lit. c)-f) of this Article, if the establishment took place at least 2 years before the recruitment. + Article 22 He considers himself a sole supporter of parents or sisters or minor brothers the recruit who: a) no longer has other sisters or major brothers apti of work. b) he still has sisters or brothers, but they cannot contribute to the maintenance of their parents, because: -are students or students in military educational institutions; -perform military service within or with a reduced term; -are students in military schools of officers, military foremen, active non-officers; -are disabled in the first or second degree. Effective contribution is understood the permanent participation of the recruit in the maintenance of parents, sisters and minor siblings, with a significant part of his income, as well as their care, if the presence of the recruit is absolute necessary. + Article 23 The postponement of incorporation shall be granted: a) recruits found, at incorporation, sick of one of the diseases provided in the medical scale approved by the Minister of National Defence; b) students of high schools from day and evening education, post-secondary schools or equivalent to them, until the graduation of their studies. I lose the right of postponement from the incorporation of students expelled for a duration of more than 1 year, as well as those who repeat the year or class more than 1 year, for reasons attributable to them; c) those who have special family hardships and who fall under the following situations: -parents have several children, of which at least 2 minor children, and the eldest child is incorporated; -the parents meet the age conditions for the son to be exempted from the military service, but more a major child, classified in the first or second degree of disability, who has at least 2 minor children and cannot contribute to the maintenance of the parents; -one of the parents died, and the one in life has at least 2 minor children in maintenance; -the recruit has no parents, was raised by grandparents or another person, until the age of 14, was not established, lives with those who raised him, they are sick and falls in the first or second degree of disability or are of the age provided in art. 21 lit. c); -the recruit has at least 2 minor children aged up to 7 years. For the cases provided in par. 1 1, 3 and 4 of lit. c), the average monthly income of those who need maintenance is not higher than the minimum amount established at the full age pension, provided by the legal provisions; d) recruits who are sole supporters of sisters or minor brothers, until the majority of one of them. + Article 24 If during the performance of the military service within the period, one of the situations provided in art. 21, 22 and 23, those concerned will be left to the hearth. + Article 25 Upon ascertaining the termination of relief or amination causes from incorporation, recruits and soldiers left to the hearth will be called upon to fulfill or complete military service within the first incorporation if they have not reached the age of 35. years. + Section 3 Low-term military service + Article 26 Graduates of state-recognized higher education civil institutions, who did not meet military oblibations until the start of their studies, carry out the 6-month low-term military service in the first year after graduation if they did not. The age of 35. Graduates of higher education civil institutions do not benefit from the provisions of art. 21 21, 22 and 23 lit. c) and d) on the exemption from military service or the postponement from incorporation. Those who attend the courses of another faculty will not be incorporated and have graduated at least 1 year. This postponement is only granted until the completion of the courses of the second faculty. + Article 27 After meeting the low-term military service, in relation to the needs of the armed forces and the results obtained in military training, graduates of higher education civil institutions can be awarded degrees of officer, petty officer or graduated. in reserve, under the conditions established by law. + Article 28 Graduates of civil institutions of higher education can opt for the alternative utility service lasting 12 months, under the conditions of this law. + Section 4 Military service as reservists focused or mobilized + Article 29 Romanian citizens, after fulfilling the active military service, are taken into account as trained reservists. Romanian citizens fit for military service, who did not fulfill this obligation until the age of 35, as well as the citizens who executed the alternative utility service are taken into account as untrained reservists with a degree. Soldier. The gradations and soldiers stand out until the age of 50, as follows: a) Class I: -reserve of the army, up to 35 years inclusive; b) Class II: -territorial reserve, from 35 years to 45 years inclusive; c) Class III: -general reserve, from 45 years until the 50th anniversary. The reserve frames are divided, by age, into 3 classes and are kept in the record until the age of the age provided by law. + Article 30 Officers, military foremen, petty officers, gradations and retired soldiers are focused on training or completing the troops of the armed forces. Reservists can be focused for training on the dates and duration established by order of the General Staff, as follows: a) 5 times during the time they are found in the first class of record; b) 3 times during the time they are found in the second grade; c) only once during the time they are found in the third grade of evidence. The duration of each training concentration is a maximum of 45 days and can be extended by law. The periods during which training concentrations are carried out can also be announced by means of mass information. -------------- Article 30 was amended by EMERGENCY ORDINANCE no. 38 38 of 5 April 1999 *) published in MONITORUL OFFICIAL no. 140 140 of 6 April 1999. * *) EMERGENCY ORDINANCE no. 38 38 of 5 April 1999 has been rejected by LAW no. 565 565 of 19 October 2001 published in MONITORUL OFFICIAL no. 688 688 of 30 October 2001. + Article 30 ^ 1 Dismissed. -------------- Art. 30 ^ 1 was introduced by EMERGENCY ORDINANCE no. 38 38 of 5 April 1999 *) published in MONITORUL OFFICIAL no. 140 140 of 6 April 1999. * *) EMERGENCY ORDINANCE no. 38 38 of 5 April 1999 has been rejected by LAW no. 565 565 of 19 October 2001 published in MONITORUL OFFICIAL no. 688 688 of 30 October 2001. + Article 30 ^ 2 Dismissed. -------------- Art. 30 ^ 1 was introduced by EMERGENCY ORDINANCE no. 38 38 of 5 April 1999 *) published in MONITORUL OFFICIAL no. 140 140 of 6 April 1999. * *) EMERGENCY ORDINANCE no. 38 38 of 5 April 1999 has been rejected by LAW no. 565 565 of 19 October 2001 published in MONITORUL OFFICIAL no. 688 688 of 30 October 2001. + Article 31 When declaring mobilization, all soldiers, as well as concentrated reservists, consider themselves mobilized and remain in the major units, in military units and formations. + Article 32 The call of reservists to concentration and mobilization is done by calling order. The orders to call for mobilization are handed down and kept on peacetime reservists. + Section 5-a Military personnel in activity; students of military schools and students of military institutions of higher education; military personnel on contract basis + Article 33 The conditions of admission to military educational institutions shall be established by the ministries that have them in subordination or by the institutions with attributions in the field of national security. + Article 34 Young people admitted to military educational institutions, except those in military high schools, are considered incorporated. + Article 35 Students of military schools and students who no longer continue their studies are sent to military units to complete the military service up to 12 months. If they have completed the military service before entering the military educational institution or have completed at least the first year of studies, they are placed in reserve. + Article 36 The duties and rights of military personnel in the activity, as well as other norms in relation to their military situation shall be established by law. + Article 37 (1) Citizens who have completed military service in the term may be employed in military units, on a contract basis, for a fixed period, depending on the needs of the armed forces. (2) The manner of employment, the duration of the contract, the rights and duties of the military employees on the basis of the contract are regulated by order of the Minister of National Defence, the Minister of Administration and the Interior, Information and Director of the Protection and Guard Service. ------------- Alin. ((2) art. 37 was amended by EMERGENCY ORDINANCE no. 32 32 of 8 May 2003 published in MONITORUL OFFICIAL no. 344 344 of 20 May 2003. + Section 6 Military record of recruits and reservists + Article 38 (1) The management, guidance and control of the military record activity, throughout Romania, shall be executed by the General Staff. (2) The bodies specialized in military record keeping are the county, municipal and sector military centers. Police units, as well as, as the case may be, community public records services carry out specific activities in support of military centres. (3) The military record of the recruits shall be held after their domicile or residence, and of the reservists, only after home. ------------- Alin. ((2) art. 38 was amended by EMERGENCY ORDINANCE no. 96 96 of 29 June 2000 published in MONITORUL OFFICIAL no. 308 308 of 4 July 2000. Alin. ((2) art. 38 was amended by EMERGENCY ORDINANCE no. 50 50 of 15 June 2004 published in MONITORUL OFFICIAL no. 595 595 of 1 July 2004. + Article 39 The military record of Romanian citizens, who are abroad for a duration of more than 45 days, is held by which the diplomatic representations of Romania in the respective countries. + Article 40 The county, municipal and sector military centers can call on recruits and reservists to specify some data in relation to their military situation no more than 3 times a year. + Article 41 The call of citizens to the county, municipal and sector military centers is based on the call order. + Article 42 The military record document on the recruits is the recruitment certificate, and for the reservists, the military delivery. The military delivery is regularly aimed at, through the presentation of reservists at the county, municipal or sector military centers, at the data established by the General Staff. The loss of the military record is announced at the military record body within 5 days and is published in the Official Gazette of Romania, within 10 days of the finding. + Chapter 3 Other forms of preparation of the defence population + Section 1 Common provisions + Article 43 Other forms of preparation of the population for defense are understood its participation in the pre-military training of the youth, in civil protection formations and in the sanitary-voluntary formations of the Red Cross. + Article 44 The organization and other forms of preparation of the population for defense are done by law. + Section 2 Pre-military training of youth + Article 45 The pre-military training is organized on a voluntary basis, with the young medically fit, who have reached the age of 15 years and until incorporation, in order to acquire knowledge and training of military skills and technical-applicative, development of patriotic and moral feelings, as well as for the purpose of civic education. + Article 46 The premilitary training of the youth is organized and carried out by the Ministry of National Defence. To this end, the Ministry of National Defence will work with the Ministry of Administration and Interior, the Ministry of Education, Research and Youth and other bodies and public administration authorities. + Article 47 The activity of pre-military training of the youth is carried out in training centers organized by military units, educational units, economic agents and public institutions. Officers, military foremen, non-commissioned officers and active and retired officers are in the positions of commanders of centers and premilitary training formations of the youth. + Article 48 The methodical training of the reservists commanders of centers and formations of pre-military training of the youth is executed annually, within 18-20 hours, in military units, as well as in educational units. + Article 49 The Ministry of National Defence elaborates the training programs in collaboration with the Ministry of Administration and Interior, provides the armaments, ammunition, material and documentary basis, as well as the money funds necessary for general military training and specialty of young people and commanders of centers and formations. For the organization and conduct of specialized training in technical-applicative circles, other than those established by the Ministry of National Defence and the Ministry of Administration and Interior, the funds will be provided by Ministry of Education, Research and Youth. + Article 50 Young people participating in the pre-military training benefit free of charge from medical assistance, medicines, hospitalization and pensions for accidents or diseases that occurred during the training and in connection with the military training activity. + Article 51 Officers, military maisters, sub-officers and retired graders, who perform the functions of centre commanders and pre-military training formations of the youth, during the execution of training activities, have their oblibations and rights. provided for reservists and benefit from priority when submitting to the next degree. + Article 52 Young people who regularly participate in pre-military training can choose their weapon in which they will be trained during the performance of compulsory military service. + Section 3 Training in civil protection formations + Article 53 Romanian citizens have the obligation to participate in the training for civil protection in order to know and enforce civil protection rules and measures. The programs, forms and duration of training on civil protection by category of participants shall be established by law. + Article 54 Civil protection parties shall be constituted, according to the law, to the public administration authorities and public institutions, as well as to economic agents, regardless of the form of ownership. + Section 4 Preparation in the Sanitary-Voluntary formations of the Red Cross + Article 55 The organization, framing and functioning of the voluntary-voluntary formations and the preparation of the Red Cross sisters is carried out by the National Red Cross Society of Romania. + Article 56 The endowment of the voluntary-voluntary formations of the Red Cross with the materials necessary for the training and the granting of the first aid is ensured by the economic agents and public institutions, the prefectures and the mayoralties besides which they operate, according to law + Chapter 4 Powers of public administration authorities and public institutions as well as economic operators + Article 57 (1) The county, municipal and sector military centers shall verify and guide the activity of public administration authorities and public institutions, as well as economic agents, for the military record of recruits and reservists. (2) It also supports, directs and verifies the work of police units and community public services of record of persons with regard to the military record keeping of recruits and reservists. ------------- Alin. ((2) art. 57 was amended by EMERGENCY ORDINANCE no. 96 96 of 29 June 2000 published in MONITORUL OFFICIAL no. 308 308 of 4 July 2000. Alin. ((2) art. 57 was amended by EMERGENCY ORDINANCE no. 50 50 of 15 June 2004 published in MONITORUL OFFICIAL no. 595 595 of 1 July 2004. + Article 58 Public administration authorities and public institutions, as well as economic agents, regardless of the form of ownership and their size, have the following obligations regarding the military record of their own employees or, as the case may be, of the unemployed: a) keep up-to-date and communicate monthly to county, municipal or sector military centers, departures from service and secondments for a period of more than 45 days, as well as changes in their records. Civil institutions of higher education, colleges and post-secondary schools will communicate, in writing, to county, municipal or sector military centers, on whose territorial range they operate, within 10 days of the start of their studies, the name students and students who did not perform the military service and attend the first year of education, on faculties and specializations. The civil institutions of education are obliged to communicate to the military center, within 30 days, the names of students and students who interrupted the studies, were expelled or remained the second time repeaters; b) to carry out the recruits and reservists, only if they possess the certificate of recruitment or military delivery, with the mention that they were taken into account by the county, municipal or sector military center or by the police unit; c) to draw up, annually, nominal tables with young people to be recruited and to teach them to the county, municipal or sector military centers, at the established deadlines. The civil institutions of education will draw up annually nominal tables with young people from the last year of study and will send them, on request, to military centers; d) verify that the recruits and reservists comply with the rules of military record and take measures for them to present themselves, within 10 days, to the body of record for clarifying the military situation; e) to grant, at the request of the recruits called for incorporation, a 5-day leave with the corresponding payment, in order to solve personal and family problems; f) to grant young people called to recruitment, recruits and reservists called to the county, municipal and sector military centers, to clarify the military situation, a maximum of 3 days leave, with the corresponding payment. + Article 59 The police units have the following obligations regarding the military record of recruits and reservists: a) to the communes, to keep the nominal record of citizens with military obligations; b) to carry out, in the documents of record of recruits and reservists, in the localities where no county, municipal or sector military centers operate, taking or removing from the record; c) to communicate monthly to the county military centers, municipal or sector recruits or reservists taken or removed from the record; d) to municipalities and cities, to refine to young people and recruiters call for recruitment-incorporation or to clarify the military situation and to send them on the date, time and place provided therein; e) to refine to the reservists the orders of call to concentration, to mobilize or to clarify the military situation and to send them on the date, time and place provided therein; f) to municipalities and cities, to check, at home or at the residence, all young people to be recruited, to draw up nominal tables with them and to send them, at the established deadlines, to the county, municipal or sector military centers; g) repealed; h) immediately take measures to identify the whereabouts of the young people, the recruits and the reservists who could not be handed the calling order; i) to follow, on the basis of the measures ordered by the prosecution bodies, and to lead to the place indicated by them, the citizens with military obligations not presented to the recruitment, incorporation, concentration or mobilization, as well as on military defectors or unjustified absentees from the establishment or from the service; j) repealed. ------------- Letters g) and j) of art. 59 were repealed by EMERGENCY ORDINANCE no. 96 96 of 29 June 2000 published in MONITORUL OFFICIAL no. 308 308 of 4 July 2000. + Article 59 ^ 1 Community public services of record of persons under the coordination and control of the National Inspectorate for the Records of Persons have the following obligations regarding the military record of recruits and reservists: a) to carry out in the documents of record of recruits and reservists, in the localities where no county, municipal or sector military centers operate, taking or removing from the record; b) to communicate monthly to the county military centers, municipal or sector recruits or reservists taken or removed from the record; c) to draw up nominal tables comprising recruits or reservists taken or removed from the record and to send them, at the established deadlines, to the county, municipal or sector military centers; d) to carry out in the identity documents of citizens with military obligations, in the localities where there are county, municipal or sector military centers, the mention of change of domicile, and in those of recruits, and the mention of establishment or to change the residence, only after they prove that they have been highlighted by the respective military centres; e) to withhold recruitment certificates, military supplies and call for mobilization orders from citizens with military obligations who present themselves to announce that they are leaving the country and to communicate to the county, municipal or sector military centers on those who said they were leaving the country for a period of more than 30 days, as well as those who left the country for good. -------------- Art. 59 ^ 1 was introduced by EMERGENCY ORDINANCE no. 96 96 of 29 June 2000 published in MONITORUL OFFICIAL no. 308 308 of 4 July 2000. The introductory part of art. 59 ^ 1 was amended by EMERGENCY ORDINANCE no. 50 50 of 15 June 2004 published in MONITORUL OFFICIAL no. 595 595 of 1 July 2004. + Article 60 The local public administration authorities of the communes have the following obligations regarding the military record of young people, recruits and reservists: a) to verify, annually, the young people to be recruited, to draw up nominal tables with them and to send them, at the established deadlines, to the respective military centers; b) to refine to young people the orders to call for recruitment. They will be accompanied and presented to the recruitment-incorporation commission by the secretary of the respective administrative-territorial unit; c) to ensure the inmination of the orders of call to incorporation, to the concentration or to mobilization or to clarify the military situation and to organize their sending on the date, time and place provided in the calling orders; d) to communicate to the county, municipal or sector military centers, as well as to the police, within 10 days, the death cases of recruits and reservists. + Article 61 (1) The courts and the prosecutor's offices of the courts are obliged to communicate, within 10 days, to the county, municipal and sector military centers the measure of deprivation of liberty or its revocation, ordered by the ordinance Prosecutor or by judicial decision against recruits and reservists. ((2) Abrogat. ------------- Alin. ((2) art. 61 was repealed by EMERGENCY ORDINANCE no. 96 96 of 29 June 2000 published in MONITORUL OFFICIAL no. 308 308 of 4 July 2000. + Chapter 5 Oblibations and rights of citizens participating in the country's defense + Article 62 Romanian citizens, during the fulfillment of military obligations, must observe the military oath. + Article 63 Young people called for recruitment, recruits and reservists are obliged: 1. to receive the calling orders issued by the county, municipal and sector military centers and to appear on the date, time and place provided therein; 2. to appear at the military record body for: a) removal from the record before departure to the new home; b) the taking into account, to the change of domicile, to the transition to the reserve or to the discharge; c) the announcement of the change of domicile in the territorial area of the same military record d) targeting of military delivery; e) the announcement of the loss or damage of the recruitment certificate, the military delivery or the call for mobilization; f) the teaching of the recruitment certificate, the military record and the call for mobilization before the departure abroad, as well as the lifting of the respective documents upon return to the country; 3. to notify the county, municipal or sector military center about: a) absence from home, in peacetime, for a duration of more than 45 days, and in time of mobilization or war, for a duration of more than 15 days; b) changes in their situation regarding the workplace, studies or qualification, health status, marital status and name change. The presentation to the military record body and the announcement of the county, municipal or sector military center is made within 5 days, in peacetime, and for 2 days, in time of mobilization or war, from the production of one of the situations provided in section 2 2 and 3. These oblibations also come back in case of changing the residence of recruits in time of peace and war, and reservists, in time of war. Recruits and reservists in the localities where they are county, municipal or sector military centers present themselves to them, and those from the other localities present themselves to the local police. + Article 64 Failure to submit to the recruitment, to the incorporation, to the concentration, to the mobilization or to clarify the military situation, at the date fixed by the call order, may be motivated: a) if he is sick, unable to move, a situation proven with the medical certificate issued by the competent health bodies; b) in the event of the death of a family member-parent, wife, child, one of the socri, brother or sister-on the basis of the death certificate; c) in case of force majeure, on the basis of proof issued by the local public administration authorities. Those called for recruitment, to incorporate, to concentrate or to mobilize or, as the case may be, their family members, as well as economic agents, public institutions to which they are employees and public administration authorities have the obligation to notify immediately to the county, municipal or sector military centers the reasons for the failure to appear at the place, date and time provided for in the call orders, following that within 3 days they present supporting documents. + Article 65 Recruits called to the county, municipal or sector military centers for incorporation, but who have not been incorporated, as well as those placed in reserve or left to the hearth are required to report to their jobs within 5 days. from the date on which they were told that they will not be incorporated, respectively within 30 days from the date of passing into reserve or leaving to the hearth. The date of incorporation and passage in reserve, for those who have fulfilled the military service, is the one recorded in the military record. + Article 66 Military in term, low-term military, students and students of military educational institutions, as well as reservists are entitled to food, equipment, medicines, pension for loss of work capacity, solda and military documents transport to the call for the performance of the military service and during its execution, to the transition to the reserve or to the discharge, to the concentration, to mobilization and to demobilization, in case of holidays, leave, admissions and exits from hospitals and under the conditions established by legal provisions. The right to military transport documents also have young people called to recruitment and recruits called to incorporate. Recruits and reservists who are admitted to hospitals to establish the medical-military situation are entitled to medical assistance, medicines, free maintenance and military transport documents, and those in work also benefit from aid for temporary incapacity for work. Reservists who, during the performance of the military service in the term, have prepared through courses in certain equivalent trades in civil life are recognized the qualification obtained, based on the attestation documents issued by the military units. Reservists who executed the concentration of instruction, and at the beginning of it were employed, benefit from full rest leave or the cash compensation of the unpaid holiday, regardless of the duration of the concentration. + Article 67 Military in term and those with reduced term, students and students of military educational institutions are entitled to aid in case of death of their wife, children or other persons in their maintenance before incorporation, in the amount established by normative acts. The aid is paid by economic agents and public institutions for those who, before incorporation, were their employees or by the mayors, for those not employed, from the funds intended for this purpose. + Article 68 The recruits called for the performance of the military service in the term receive from the economic agents, from the public institutions or from the public administration bodies and authorities to which all the rights to the day are assigned, including the compensation in money of the unpaid holiday. Young people who attend the military educational institutions, the military hired on the basis of the contract, as well as those called among the staff of the armed forces, coming from high school graduates or vocational schools and foremen, schooled on the basis of contracts concluded with economic agents, are exempted from the obligation to return the tuition expenses arising from those contracts. + Article 69 The employment contracts of the employees called for the performance of the military service within or with reduced term or for concentration shall be maintained under the conditions provided by law. The employment contracts of those provided for in the previous paragraph can only be opened as a result of the dissolution of economic agents or the abolition of public institutions. In these situations, those who hire or offices of the territorial labour force will ensure with priority the placement of those concerned in other equivalent jobs in the same locality, according to professional training and capacity, or, free of charge, retraining for professions that, in a certain period, are required by the economic situation in the labour market. The posts in which the persons referred to in par. 1 may be occupied, during the time they perform the military service, only on the basis of fixed-term employment contracts. + Article 70 (1) For the duration of the concentration, officers, military maisters and retired sub-officers receive solda and other money rights established according to legal provisions for military personnel in activity, and retired gradations and soldiers, a monthly allowance equal to the minimum function of the military employees on the basis of contract and other money rights provided by the legal provisions for the military within the military units to which they are concentrated. ((2) Respins. ------------ Alin. ((2) art. 70 was introduced by EMERGENCY ORDINANCE no. 38 38 of 5 April 1999 *) published in MONITORUL OFFICIAL no. 140 140 of 6 April 1999. * *) EMERGENCY ORDINANCE no. 38 38 of 5 April 1999 has been rejected by LAW no. 565 565 of 19 October 2001 published in MONITORUL OFFICIAL no. 688 688 of 30 October 2001. + Article 71 Young people called to recruitment, recruits and reservists who have the status of employees and are called to the county, municipal or sector military centers, to clarify the military situation, are entitled to leave of maximum 3 days, with payment proper made by public administration bodies and authorities, economic agents and public institutions where they are assigned. + Chapter 6 Financial and financial insurance + Article 72 The county, municipal and sector local councils of Bucharest are obliged to provide military, county, municipal and sector centers, the lands, telecommunications facilities, facilities and funds necessary for the carrying out their activity, according to the norms established by Government decision. + Article 73 The expenses of repair, maintenance and arrangement of the premises of the county, municipal and sector military centers shall be borne by the local public administration authorities. Repairs for premises under the administration of the Ministry of National Defence shall be borne by this ministry. + Article 74 The local public administration authorities cannot order the relocation of the county, municipal and sector military centers from the premises that were made available to them, except with the agreement of the Ministry of National Defence. + Article 75 The current maintenance and repairs of vehicles from the endowment of the county, municipal and sector military centers shall be ensured by the local public administration authorities. Capital repairs are ensured through the care of the Ministry of National Defence + Article 76 Local public administration authorities ensure the payment of staff outside the county, municipal and sector military centers, which carry out activity within the local recruitment-incorporation commissions. + Chapter 7 Sanctions + Article 77 The following facts are contraventions, if, according to the criminal law, they are not considered crimes, committed by: 1. young people called to recruitment, recruits, executors of the alternative utility service or reservists, for: a) failure to submit to the local recruitment-incorporation commission according to the call order, and if they have not received a call order, the latest by the end of the year in which they reach the age to be recruited; b) failure to present the recruit or the reserve to the military record body in order to be taken or highlighted or to communicate the changes in the personal situation, within the deadlines provided by law; c) failure to submit to the reservation at the date, time and place provided in the order of call for clarification of the military situation; d) non-announcement, at the military record body, by the recruit or reservist, of the absentee from home or from the residence, within the period and period provided for in this law; e) non-submission, before departure from the country, to the military record body, to hand over the military delivery, the recruitment certificate or the call for mobilization; f) the loss of the certificate of recruitment, of the military record, of the order of call for mobilization, as well as of the destructive significance, from the fault of the recruit, the reserve or the executor of the alternative utility utility service; g) failure to present, within the legal term, the reservation for the receipt or visa of the military record; h) the entrustment of another person of the military record or the order of call for mobilization, if it was not done in order for the respective documents to be used without right; 2. the leaders or employees of economic agents, public institutions, bodies and public administration authorities, designated for military record keeping, for: a) failure to update the military record of recruits and reservists; b) the non-preparation and non-submission, within the set deadline, of the nominal tables with the young people to be recruited or the omission of young people from these tables; c) non-delivery, within the period, of the orders of calling of young people, recruits and reservists, as well as not sending to the county, municipal or sector military centers of the evidence of receipt of orders; d) the non-communication, within the established period, of the changes in the records of recruits and reservists; e) the employment of recruits and reservists in service without being taken into account by the military record bodies in whose territorial area they reside or reside; f) the non-communication, within the military centers, of the personal data of the young people admitted to the civil higher education, as well as of the students and students expelled who interrupted the studies or who remained the second time repeaters; g) failure to present persons established for the assignment of local recruitment and incorporation commissions; h) non-communication, within 3 days, at the military center, that the executors of the alternative utility service have lost their skills for the performance of the established tasks, or that the respective enterprise can no longer comply with the contractual clauses. + Article 78 The contraventions provided in art. 77 77 section 1 1 shall be sanctioned as follows: a) with a fine of 50,000 lei to 400,000 lei, those provided in lett. e) and f); b) with a fine of 75,000 lei to 700,000 lei, those provided in lett. c), d), g) and h); c) with a fine of 500,000 lei to 3,000,000 lei, those provided in lett. a) and b). The contraventions provided in art. 77 77 section 2 2 shall be sanctioned as follows: a) with a fine of 200,000 lei to 700,000 lei, those provided in lett. f) and g); b) with a fine of 300,000 lei to 1,000,000 lei, those provided in lett. b) and d); c) with a fine of 400,000 lei to 1.500.000 lei, those provided in lett. a), c), e) and h). + Article 79 Failure to comply or defective performance of the facts provided in art. 77, by the staff of the military centers and police units, constitute disciplinary violations and are sanctioned disciplinarily by their hierarchical heads, upon referral to the commanders of the respective military centers. + Article 80 The contraventions are found by the persons empowered by the General Staff, the county, municipal or sector military centers or police inspectorates. The finding agent also applies the sanctions. + Article 81 Provisions art. 77 and 80 are completed with the provisions of Law no. 32/1968 on the finding and sanctioning of contraventions, except art. 25 25, 26 and 27 of the same law. + Chapter 8 Final provisions + Article 82 The Ministry of National Defence organizes its own bank of data on the local and central record of recruits and reservists, based on data from the National Information System of Population Records. + Article 83 The application of the provisions of this law by economic agents, public institutions, bodies and public administration authorities shall be established by Government decisions. + Article 84 The way of medical examination of young people, recruits and reservists, medical treatment of recruits, insurance with medical instrumentation and health personnel shall be established by joint order of the Minister of National Defence and Health Minister + Article 85 The execution of the provisions of this law on the oblibations of the police shall be established by joint order of the Minister of National Defence and the Minister of Administration and Interior. + Article 86 The organization of training centers, technical-applicative circles, the content of the programs, the number of hours necessary, as well as other problems regarding the participation of young people in pre-military training are established by regulations and elaborate instructions jointly by the Ministry of National Defence and the bodies with attributions in this field. + Article 87 The Ministry of National Defence systematically informs the population, both through the press and through its own radio and television broadcasts, transmitted without payment on national posts, as well as through relations with the media, on the issues important in the field of defense and how the military performs its missions that are established by the Constitution and the laws of the country + Article 88 Law no. 14 14 of 28 December 1972 on the organization of Romania's national defence, Decree no. 582 582 of 29 August 1978, Decree-Law no. 99 99 of 14 March 1990 on how to carry out military service within and with the reduced term, Decree-Law no. 119 119 of 14 April 1990 on the content of the military oath, Decree no. 79/1978 on the provision of financial rights for military reservists and pensioners who perform functions in patriotic guards, Decree no. 486/1977 on the approval of the standard of supply of equipment, the regulation of uniforms and the way of bearing the expenses necessary to ensure with equipment, material means and other expenses determined by the organization, combat training and action of the patriotic guards, Decree no. 90/1977 on the establishment of the battle flag of the patriotic guards and the regulation of its granting, Government Decision no. 503/1993 concerning the authorization of the Ministry of National Defence to hire military personnel on a contract basis, and any other provisions contrary to this law shall be repealed. ------------- NOTE: Law no. 46/1996 is amended accordingly to the provisions of the ORDINANCE no. 84 84 of 30 August 2001 published in MONITORUL OFFICIAL no. 544 544 of 1 September 2001, as referred to in Annex 1 *) of that ordinance. * *) Annex 1 ORDINANCE no. 84 84 of 30 August 2001 has been repealed by EMERGENCY ORDINANCE no. 50 50 of 15 June 2004 published in MONITORUL OFFICIAL no. 595 595 of 1 July 2004. ------------- See also EMERGENCY ORDINANCE no. 64 64 of 28 June 2003 published in MONITORUL OFFICIAL no. 464 464 of 29 June 2003. This law was adopted by the Senate at the meeting of May 13, 1996, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT CONSTANTIN DAN VASILIU This law was adopted by the Chamber of Deputies at the meeting of May 20, 1996, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT RADU BERCEANU ------------------