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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070784/-lege-nr.-46-din-5-iunie-1996-privind-pregtirea-populaiei-pentru-aprare.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 46 of 5 June 1996 (* updated *) on preparing the population for Defense (updated until July 2, 2004)-PARLIAMENT ISSUING — — — — — — — — — — — — *) originally was published in MONITORUL OFICIAL nr. 120 of 11 June 1996. This is the updated form of S.C. "territorial Center of Electronic Computing" Piatra Neamt until July 2, 2004, with amendments and additions to: EMERGENCY ORDINANCE nr. 38 of 5 April 1999 rejected by law No. 565 of 19 October 2001; EMERGENCY ORDINANCE No. 96 of 29 June 2000; ORDINANCE No. 84 of 30 august 2001; EMERGENCY ORDINANCE No. 32 of 8 May 2003; EMERGENCY ORDINANCE No. 50 from 15 June 2004.
Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 All citizens of the country have the right and obligation to defend Romania.


Article 2 Preparing the population for defense of the motherland can be achieved through: a) fulfillment of military service;
  

b) participation in other forms of training.
  


Chapter 2 the fulfilment of military service section 1 common Provisions Article 3 military service is mandatory for all men, Romanian citizens, and is fulfilled in the following forms: a) conscripts;
  

b) as military term;
  

c) reservists concentrated or mobilize.
  

They are considered military service and the citizens, men and women who are part of the frames in the activity, pupils and students of educational institutions of the military and soldiers employed on a contract basis.
Time how a person meets military service constitutes the work.


Article 4 of the citizens who, for religious reasons, refuse to perform military service under arms execute the service utility alternative, according to this law.
The manner of execution of the service utility alternative is established by decision of the Government.


Article 5 during the fulfillment of military service in one of the forms referred to in article 1. 3 paragraphs 1 and 2. 1 and 2, the citizens are forbidden to engage in political activities of military units.


Article 6 did not fulfill his military service: the alienatii and well as mentally);
  

b) those ranked inapti for military service with the removal, permanent disease or for invaliditati, other than those referred to in subparagraph (a). a);
  

c) ordained personnel belonging to the neat or religious denominations recognized by law;
  

d) those sentenced to prison during the execution of the death penalty, as well as those arrested preventively or sent in until such time as a final decision raminerii whereby to settle a criminal cause;
  

e) those who have had convictions with jail over 5 years for offences committed with intent.
  


Article 7 the citizens with residence in Romania, who have acquired or have regained Romanian citizenship, after a satisfying military oblibaţiile period not exceeding 6 months from the establishment or re-establishment in the country.
Citizens who fulfilled his military service in other countries are exempted from the oblibaţiile. 3 (a). the a and b)).


Article 8 Citizens who meet military service lodged the following oath: "I swear, my homeland faith, Romania. Swear to me appear even at the cost of country life. I swear to respect the country's laws and regulations.
So help me God! "


Section 2 of the military service within Article 9 for military service within the military, territorial bodies performed annually during the periods laid down in the General Staff, recruitment of young conscripts and incorporation.
Periods when performed recruiting and incorporation will be announced through the mass media.


Article 10 the young take the obvious military are called recruits.
The totality of the Romanian citizens were born in the same year forms a quota which is indicated by the year of birth.
Young people who are recruited in the year when the recruit, they 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 laid down in the preceding paragraph.
In war time, youngsters are recruited in the year when you reach the age of 18.


Article 11 Are conscripted for military service within men, Romanian citizens who have reached the age of 20 years.
In times of war, and the demand for them in times of peace, young people can be conscripted after they turned 18 years of age.
The maximum age to which Romanian citizens can be called for military service within 35 years is.


Article 12 duration of military service in the period is 12 months for soldiers of all weapons. The duration of military service within it he/she deems since the first day of the month following incorporation.
The extension of military service shall be made in accordance with the law.


Article 13 the duration of alternative service utility is 24 months. Upon request, the citizens who performs the service utility alternative can be placed at the first incorporation, to execute in full military service term.


Article 14 to be recruited or conscripted, citizens are obliged to be present at the date, time and place set out in the order called.
Young people who, for various reasons, have not received the order of calls, are obliged to attend military centers, County, municipal district, on whose area have their domiciles, normal places of residence times up the latest at the end of the year in which they reach the age to be recruited or conscripted.


Article 15 shall be performed recruiting and incorporation of the local commissions recruitment-incorporation, established at military centers, County and municipal sector, as appropriate.
Besides a military Center may provide one or more local recruitment-what is incorporated will conduct activities in the locality of residence, as well as in other towns in the County.
Each local Commission-recruitment intake consists of: a) President: an officer from the military Center of the County, municipal or district;

b) members: a delegation of the City Council;
a delegate of the respective locality, police officer or NCO;
a medical practitioner designated by the County, namely sanitary direction of Bucharest;

c) Secretary: an officer or NCO from the military Center respectively.


Article 16 committees, local recruitment-incorporation and have the following powers: a) medical and psychological test examines the recruitment and recrutii at incorporation, establishing whether or not they are fit for military service, in accordance with the scale of medically approved Defense Minister;
  

(b) submit to the recruitment) young arms, and at recrutii is incorporated on military units and formations, for military service;
  

c) exempt from military service and from delays in incorporating conscripts, under the present law.
  

The decisions of local commissions recruitment-incorporation will be accessible to young people and conscripts.


Article 17 Recrutii can do opposition against decisions of the boards of the local recruitment-incorporation, at the County, municipality of Bucharest, for analyzing the challenges regarding recruiting-incorporation, which consists of: a) President: military-commander of the Centre;

b) members:-delegate District Council;
-delegate Police Inspectorate;
-military Center doctor.
The appeal shall be submitted to the County for analyzing the challenges regarding recruiting, respectively-the incorporation of the municipality of Bucharest, not later than 2 days after the communication of the judgment which is attacking. The opposition should be resolved no later than 5 days from the date of registration. The judgment of the County Commission, the municipality of Bucharest, is final.


Article 18 medical specialty Examinations from the recruitment commissions-incorporation is carried out at their premises or in hospitals and polyclinics, dispensaries-by physicians, establish sanitary District Department of Bucharest, respectively, in agreement with the Centre's military doctor, as well as in military hospitals. These doctors belong to the recruitment commissions-incorporation.


Article 19 medical Findings of the county committees, respectively Bucharest, recruitment-incorporation can be revoked only by the Central Committee of Medico-Military Expertise.


Article 20 the Health Departments provide health-medical personnel and medical equipment and auxiliary necessary medical examination. It also organizes medical treatment and provide medical assistance to conscripts and treatment free of charge in hospitals, polyclinics, dispensaries-for those diseases that are temporarily inapti for military service.


Article 21 Recrutii that intretinatori are unique and effectively contributes to its maintenance are exempt from military service, if the security guard: his wife is sick), classified in grade I or II invalidity;
  

b) trainee is one or more minor children, and his wife died;
  

c) father in the age of security guard is at least 62 years old and 57-year-old mother;
  

d) both parents are invalids of degree I and II, regardless of age;
  

e) parent in the life of one of the conditions to fulfil referred. c) or (d));
  

f) parent or legally separated in fact the maintenance of the security guard, meets one of the conditions referred to in points. c) or (d)), if the separation occurred with at least 2 years before recruitment.
  

They are also exempt from military service and recrutii which are the sole supporters of sisters and brothers-degree invalids or, if effectively contributes to their maintenance.

Recrutii infiati benefit from the provisions of subparagraph (a). c)-f) of this article, where infierea occurred with at least 2 years before recruitment.


Article 22 shall be considered the sole supporter of their parents or brothers or sisters of minors: the trainee is) has no other sisters or brothers possess work. principal
  

b) has brothers, sisters or not but they can contribute to the maintenance of parents, because:-they are students or students in military education;
-fulfill military service within or with reduced term;
-are students in military schools for officers, supervisors and military, active subofiteri;
-are disabled I or II.
Through effective contribution means the permanent participation of the security guard at the maintenance of parents, sisters and brothers, with a significant portion of the revenues, as well as to care for them, if this security guard is absolutely necessary.


Article 23 the adjournment of the incorporation is granted: a) conscripts can be found at incorporation, suffering from one of the diseases referred to in schedule of medically approved by the Minister of national defence;
  

b students from fee-paying schools) education and full-time post-secondary schools, you fold their equivalent, until graduation from his studies. Lose the right of review of the incorporation exmatriculati's students for a period greater than 1 year, and those who repeat the year or class more than 1 year, for reasons attributable to them;
  

c) those who have family and weights that fall under the following situations:-the parents had several children, of whom at least two minor children, and the child is the largest incorporated;
-parents meet the conditions of the age for the son to be exempt from military service, but a child, framed in the grade I or II disablement, which has at least two minor children and cannot contribute to maintenance of parents;
one of the parents of the deceased in the afterlife, and he has at least two dependent minor children;
-trainee is has no parents, was raised by grandparents or other person, until the age of 14 years, was not adopted, lives with those who have grown up, they are ill and falls into Grade I or II disability or age. 21 lit. c);
-trainee is at least 2 children aged up to 7 years.
For the cases referred to in paragraph 1. 1, 3 and 4 of lit. (c)), the average monthly income of those who are in need of maintenance shall not be greater than the minimum amount set at full pension for age limit provided for by the provisions laid down by law;

d) which are unique to conscripts supporters sisters or brothers, until the coming of one of them.
  


Article 24 If during the fulfillment of military service within one of the situations occurs. 21, 22 and 23, the cause will be let to the hearth.


Article 25 the termination causes of exemption or review of the incorporation, recrutii and soldiers leave the hearth will be called for military service or within the first incorporation, if they have not reached the age of 35 years.


Section 3 of military service with reduced time limit article 26 Graduates of institutions of higher education, recognized by the State, which had not carried out military oblibaţiile in the commencement of trials, performed his military service with reduced duration of 6 months, in the first year after graduation, if you have not reached the age of 35 years.
Graduates of higher educational institutions of civil does not benefit from the provisions of art. 21, 22 and 23 lit. c) and (d)) relating to exemption from military service or the adjournment of the incorporation.
Will not be conscripted those attending courses at other faculties and have completed at least 1 year. This review shall be granted only until the completion of the two faculties.


Article 27 After fulfilling his military service with a reduced term in relation to the needs of the armed forces and with the results achieved in the preparation of military civil institutions, graduates of higher education may grant degrees of officer, NCO or reserve, graduated under the conditions established by law.


Article 28 Graduates of higher education institutions as well as civil can opt for alternative utility service for 12 months, under the present law.


Section 4 of the military service as reservists mobilized the residents or Citizens Article 29 Romanians, after fulfilling his military service, are taking in record-keeping that the reservists trained.
Romanian citizens fit for military service, who have not fulfilled this obligation until they turned 35 years of age, as well as citizens who have executed the service utility alternative take in as reservists with the rank of soldier neinstruiti.
Gradations and are kept track of the soldiers until they turned age 50 years, saying the) class I:-reserve army, until 35 years including;

b) class II:-territorial reserve, at 35 years of age until 45 years including;

c) class III:-the general reservation, at 45 years of age until they turned 50 years old.
The frames are divided into reserve after age 3, in classes and are in obvious until the fulfillment of the prescribed age.


Article 30 military Officers, supervisors, subofiterii, gradations and reserve soldiers are the focus for training or CCNN armed forces.
Rezervistii can be focused for training at the dates and the duration laid down by order of the General staff, as follows: a) 5 times during the cit can be found in the class of records;
  

b) 3 times during the cit can be found in grade II highlight;
  

c) once during the cit can be found in the class record.
  

The duration of each training is a great number of not more than 45 days and may be extended by law.
The periods during which it performs a great number of training can be announced and through mass media.
--------------
Art. 30 was amended by EMERGENCY ORDINANCE nr. 38 of April 5, 1999) published in the MONITORUL OFICIAL nr. 140 of 6 April 1999.
*) EMERGENCY ORDINANCE nr. 38 of 5 April 1999 was rejected by law No. 565 of 19 October 2001, published in MONITORUL OFICIAL nr. 688 of 30 October 2001.


Article 30 ^ 1.
--------------
Art. 30 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 38 of April 5, 1999) published in the MONITORUL OFICIAL nr. 140 of 6 April 1999.
*) EMERGENCY ORDINANCE nr. 38 of 5 April 1999 was rejected by law No. 565 of 19 October 2001, published in MONITORUL OFICIAL nr. 688 of 30 October 2001.


Article 30 ^ 2.
--------------
Art. 30 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 38 of April 5, 1999) published in the MONITORUL OFICIAL nr. 140 of 6 April 1999.
*) EMERGENCY ORDINANCE nr. 38 of 5 April 1999 was rejected by law No. 565 of 19 October 2001, published in MONITORUL OFICIAL nr. 688 of 30 October 2001.


Article 31 the mobilization, all soldiers, and rezervistii concentrate themselves mobilized and still remain in large establishments, in military formations and units.


Article 32 Call rezervistilor at concentration and deploy is done by order of calling. Call to mobilization orders are handed in and kept on the rezervistilor of the time.


Section 5 of the military activity Frameworks; students of military schools and military institutions, students of universities; soldiers employed on a contract basis in article 33 of the conditions of admission to the military education shall be determined by the ministries responsible for them or by institutions with attributions in the field of national security.


Article 34 the youngsters admitted in military educational institutions, except for military high schools, are considered to be conscripted.


Article 35 Students of military schools and students who continue their studies are no longer sent to military units in order to complete his military service to 12 months. If they fulfilled the military service before entering the military educational institution or have completed at least the first year of studies, are placed in the reserve.


Article 36 Obligations and rights of military activity, as well as other rules in connection with their military situation shall be determined by law.


Article 37 (1) all citizens who fulfilled the military service term may be employed in military units, under contract for a period determined, depending on the needs of the armed forces.
  

(2) the duration of the contract, the rights and duties of military personnel engaged under contract are governed by order of the Minister of national defence, Minister of administration and Interior, Romanian Intelligence Service Director and the Director of the Guard and protection service.
  

— — — — — — — — — — — —-. (2) of article 9. 37 was amended by EMERGENCY ORDINANCE nr. 32 of 8 May 2003 published in Official Gazette No. 344 of 20 May 2003.


Section 6-the Obvious military conscripts and rezervistilor to in article 38 (1) Leadership, guidance and control of military activity on the entire territory of Romania, is run by the General Staff.
  

(2) specialised Bodies in the maintenance of the military are military centres, municipal and County sector. Police units, as well as, where appropriate, community public services of persons carrying out activities in support of specific military centres.
  

(3) the record of military conscripts are you after their domicile or residence, and of rezervistilor, but after home.
  

-------------

Paragraphs 1 and 2. (2) of article 9. 38 amended by EMERGENCY ORDINANCE nr. 96 of 29 June 2000 and published in the Official Gazette No. 308 of 4 July 2000.
Paragraphs 1 and 2. (2) of article 9. 38 amended by EMERGENCY ORDINANCE nr. 50 of 15 June 2004 published in Official Gazette No. 595 from July 1, 2004.


Article 39 the military record of Romanians, citizens who are abroad for a period longer than 45 days, it is you that Romanian embassies in the respective countries.


Article 40 military Centres, municipal and County sector may call recrutii and rezervistii for more accurate data in connection with their military situation of no more than 3 times a year.


Article 41 Calling citizens to County, municipal and military sector is based on the order of calls.


Article 42 the document of military conscripts is located on the certificate of recruitment, and for reservists, military book.
Military book is periodically by submitting concerns rezervistilor the military centres, municipal or County District, the dates laid down by the General staff.
The loss of soldier announced the military records within 5 days and shall be published in the Official Gazette, within 10 days after the finding.


Chapter 3 other forms of preparing the population for Defense section 1 common Provisions Article 43 other forms of preparing the population for Defense means its participation in the preparation of premilitara youth in civil protection and formations in the health voluntary formations of the Red Cross.


Article 44 organization and other forms of preparing the population for Defense is made by law.


Section 2 Preparing the premilitara Article 45 Preparation premilitara is organized on a voluntary basis, with youngsters able from medical point of view, who are under the age of 15 and until incorporation in order for the formation of knowledge and vaccinations of military and technical skills-orientated patriotic sentiments and moral development, as well as for the purposes of civic education.


Article 46 premilitara Preparation of youth is organized and conducted by the Ministry of National Defense. To this end, the Ministry of National Defense will collaborate with the Ministry of administration and Interior, Ministry of education, research and youth and with other organs and authorities of public administration.


Article 47 training premilitara Activity of youth in the organized training centers at military units, educational units, economic agents and public institutions. In the function of commanders like centers and training formations premilitara Youth fit officers, supervisors and military subofiteri and graduations, active and reserve.


Article 48 Methodical Instruction rezervistilor commanders like centers and training formations premilitara youth run annually, to a maximum of 18-20 hours, in military units, as well as in educational establishments.


Article 49 of the National Ministry of Defence develop training programs in collaboration with the Ministry of administration and Interior, provide arms, ammunition, and documentary material basis, and funds needed for military training and specialized youth centres and commanders and formations.
For the Organization of specialized training in applied and technical circles, other than those laid down by the Ministry of National Defense and the Ministry of administration and Interior, funds will be provided by the Ministry of education, research and youth.


Article 50 Young participants in the preparation of premilitara benefit from free medical care, drugs, hospitalization and pensions for accidents or illnesses that have occurred during training and in connection with military training.


Article 51 Officers, military leaders, subofiterii and gradations in reserve, which fulfill the function of commanders like centers and training formations premilitara youth, during the execution of the training activities, have oblibaţiile and the rights for reservists and receive priority in the advancement in the next grade.


Article 52 Youth who participate regularly in the training premilitara can choose your weapon will be trained during fulfilling mandatory military service.


Section 3-training in civil protection formations Article 53 Romanian Citizens have the obligation to participate in work of civil protection training for the purpose of knowledge and application of the rules and the civil protection measures. Programs, forms and duration of training civil protection category of participants shall be determined by law.


Article 54 of the civil protection Formations is constituted according to the law, the public authorities and public institutions, as well as economic agents, regardless of their form of ownership.


Section 4 of the training in the health and voluntary formations of Red Cross Article 55 the Organization, framing and functioning health voluntary formations and prepare sisters Red Cross is carried out by the National Red Cross Society from Romania.


Article 56 Endowment Health voluntary formations of the Red Cross with the necessary training and materials aimed at first-help ensure the economic agents and public institutions, prefectures and mayors ' offices besides that they work, according to the law.


Chapter 4 duties of public authorities and public institutions, as well as of economic entities in article 57 (1) of the County Centres, municipal and military sector and directs the activity of the public authorities and public institutions, as well as economic entities, for maintenance of military conscripts and rezervistilor.
  

(2) it also supports, guides and check the activity of the police and public service to the community of persons in respect of the maintenance of military conscripts and rezervistilor.
  

— — — — — — — — — — — —-. (2) of article 9. 57 was amended by EMERGENCY ORDINANCE nr. 96 of 29 June 2000 and published in the Official Gazette No. 308 of 4 July 2000.
Paragraphs 1 and 2. (2) of article 9. 57 was amended by EMERGENCY ORDINANCE nr. 50 of 15 June 2004 published in Official Gazette No. 595 from July 1, 2004.


Article 58 public authorities and public institutions, as well as economic agents, regardless of their form of ownership, and their size, have the following obligations for obvious military employees or, where appropriate, of the unemployed: a) to keep track of day and to communicate monthly military centres, municipal or County District incadrarile, departures from the service and detasarile for a period exceeding 45 days as well as changes in the data record.
  

Civil institutions, universities, colleges and post-secondary schools will communicate, in writing, to the County, municipal or military sector, on whose area it works within 10 days following the commencement of studies, the students ' name and the pupils who have not fulfilled the military service and the following year educational courses, faculties and specializations on.
Civil education institutions are obliged to notify the military centre, within 30 days, the names of pupils and students who interrupted their studies, have been exmatriculati or have left the second time repetenti;

b) to remain in the service recrutii and rezervistii, only if they possess a certificate of military recruitment times mentioning the book as they were taking the obvious military centre County, municipal or district police unit times;
  

c) make, on a yearly basis, tables with the following nominal youths to be recruited and teach them military centres, municipal or County District, within specified time limits.
  

Civil institutions will draw up annual educational tables nominal youngsters from last year and they will be sent, on request, to the military;

(d) to verify that) recrutii and rezervistii follow the rules of the military and take action as they present themselves, within 10 days, the body of evidence in order to clarify the situation;
  

It's at) its request to incorporation, conscripts are called a leave of five days with the appropriate payment, for the purpose of solving personal and family life;
  

f) to grant young people called the recruitment of conscripts ' and military centers called rezervistilor County, municipal and sector, in order to clarify the situation, a military leave not exceeding three days pay.
  


Article 59 of the Police Units have the following obligations for obvious military conscripts and rezervistilor: a) in common, to keep record nominal citizens with military obligations;
  

b) to carry out the documents of conscripts and rezervistilor, in localities where they do not operate military centers, municipal or County District, times of record keeping;
  

c) to communicate military centres, monthly County Municipal District recrutii times rezervistii times or take out of record keeping;
  

d) in municipalities and cities, its young conscripts and inmineze call to order recruitment-incorporation or for the military to clarify the situation and to submit it to the date, time and place provided for therein;
  

inmineze rezervistilor e) orders call to mobilization, concentration at times in order to clarify the situation and to send them the date, time and place provided for therein;
  


f) to municipalities and cities, to verify, at home or at the residence, all the youths to be recruited, to make tables with nominal and send them, within specified time limits, County, municipal or military sector;
  

g) abrogated;
  

(h) to take immediate steps) to identify the spot where the young recrutii and rezervistii not to inmina the order of calls;
  

I) to track, on the basis of the measures ordered by the criminal investigation bodies and lead to the location indicated by them, on the citizens with military obligations neprezentati from recruitment, intake, concentration or mobilization, as well as military deserters times missing unduly to the unit or from the service;
  

j) abrogated.
  

— — — — — — — — — — — —-the letters g and j)) of art. 59 were repealed by EMERGENCY ORDINANCE nr. 96 of 29 June 2000 and published in the Official Gazette No. 308 of 4 July 2000.


Article 59 ^ 1 community public services of persons under the coordination and supervision of the National Inspectorate for the accounting of and have the following obligations for obvious military conscripts and rezervistilor: a) to carry out the documents of conscripts and rezervistilor, in localities where they do not operate military centers, municipal or County District, times of record keeping;
  

b) communicate monthly County military centres, municipal district recrutii times rezervistii times or take out of record keeping;
  

c nominal) to make tables including recrutii or rezervistii take times out of record keeping and to send them, within specified time limits, County, municipal or military sector;
  

d) to carry out the identification of citizens with military obligations in localities where there are military centers, municipal or County District, change of residence, and in those of conscripts, and setting times of change of residence, only after they prove they have been taking in record keeping by the military;
  

e) withhold recruitment adeverintele livretele military and orders call to mobilization of the citizens with military obligations which is to announce that leaving the country and to communicate military centres, municipal or County District those who said leaving the country for a period exceeding 30 days, as well as those who left the country permanently.
  

--------------
Art. 59 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 96 of 29 June 2000 and published in the Official Gazette No. 308 of 4 July 2000.
Introductory part of the art. 59 ^ 1 was modified by EMERGENCY ORDINANCE nr. 50 of 15 June 2004 published in Official Gazette No. 595 from July 1, 2004.


Article 60 of the local public administration authorities of the municipalities have the following obligations on record keeping, military conscripts and rezervistilor: a) to verify, on an annual basis, the youths to be recruited, to make tables with nominal and send them, within specified time limits, military centres concerned;
  

b) inmineze youth recruitment call to orders. They will be joined and presented to the Commission for recruitment-incorporation by the Secretary of the respective administrative-territorial unit;
  

c) to ensure that awarding orders call to incorporation, the concentration or at mobilization for the military to clarify the situation and to organize their dispatch to the date, time and place set out in the orders of the call;
  

d) to communicate military centres, municipal or County District, and police within 10 days, cases of death of conscripts and rezervistilor.
  


Article 61 (1) judicial Courts and prosecutors ' offices of the motif instances are bound to notify, within 10 days, military centres, municipal and County sector measure of deprivation of liberty or revocation, disposed by order of the Prosecutor, or by judicial decision against conscripts and rezervistilor.
  

(2) Repealed.
  

— — — — — — — — — — — —-. (2) of article 9. 61 was repealed by EMERGENCY ORDINANCE nr. 96 of 29 June 2000 and published in the Official Gazette No. 308 of 4 July 2000.


Chapter 5 Oblibaţiile and the rights of citizens who participate in the preparation for the defense of the country Article 62, Romanian Citizens to fulfill military obligations, must comply with the oath.


Article 63 young people called the rezervistii, and recrutii are required: 1. to receive the orders issued by the military call the County centres, municipal and district and the date, time and place provided for therein;
2. to submit to the military records: the obvious before demoulding) departs from the new home;
  

b) taking obvious, change of domicile, the reserve or the sagging at the hearth;
  

c change of domicile) announcement in area of that organ of the military;
  

d) endorsing the soldier;
  

e) announcing the loss or deterioration of the permits soldier recruitment, or to order call to mobilisation;
  

f) permits teaching recruitment, the soldier and the call to deploy before departure abroad, and seizure of documents in question at inapoierea in the country;
  

3. to notify the military centre of the County, municipal or district about the lack of): at home, in times of peace, for a period of more than 45 days and during the times of war mobilization, for a period of more than 15 days;
  

b) changes in their situation with regard to work, study or skill, health, marital status and the name change.
  

Presentation of the military records and announcing military centre, municipal or district shall be made within 5 days, in times of peace, and of 2 days, in the time of mobilization, of times in the production of one of the situations referred to in paragraphs 2 and 3.
Oblibaţiile concerned and in the case of change of residence to conscripts in times of peace and war, and rezervistilor, in times of war. Recrutii and rezervistii are from localities where military centers, municipal or County by sector are presented to them, and those of the other settlements shall be presented to the local police.


Article 64 Failure at recruitment, the incorporation, the concentration, the mobilization or for clarification, at the time fixed by the order of calls can be motivated: he) if it is sick, unable to move, proven with medical certificate issued by the competent public health bodies;
  

(b) in the case of death of a) member of the family parent, wife, child, one of the in-laws ever after, brother or sister-the certificate of death;
  

c) in the event of force majeure, on the basis of evidence issued by local public administration authorities.
  

Those called to the recruitment, the incorporation, the concentration or mobilization at times, as appropriate, to members of their families, as well as economic entities, public institutions at which they are employees and public authorities are obliged to notify immediately the military centres, municipal or County District to observe the reasons the place, date and time set out in orders following the call, as within three days to present supporting documents.


Article 65 Recrutii called the military centres, municipal or County District for the purposes of incorporation, but which were not conscripted, and those placed in reserve or leave the hearth are obliged to be present at the workplace and within 5 days from the date on which they were told they would not be conscripted, i.e. within a period of 30 days from the date of passage of the book or the lasarii from the hearth.
Date of incorporation and the passage in the book, for those who have fulfilled the military service, is the one mentioned in the book.


Article 66 Soldiers, soldiers with reduced term, pupils and students of educational institutions, military and rezervistii are entitled to food rations, equipment, drugs, pension for the loss of work capacity, solda and military documents to call for military service and during its execution, the reserve or the sagging at the hearth, at concentration, mobilisation and demobilisation from the in the case of sick leave, leave, hospital admissions and exits and under the conditions laid down in the legal provisions. Right to transport military documents have called upon young recruitment recrutii called upon incorporation.
Recrutii and rezervistii which are admitted in hospitals for establishing military-medical situation are entitled to medical care, drugs, free maintenance and transportation, military documents and those employed in work benefits and AIDS for temporary incapacity for work.
Rezervistilor, who, during fulfillment of military service, were trained through courses in certain trades which are equivalent in civilian life it is intended to recognize the qualifications obtained, on the basis of acts of attestation issued by military units.
Rezervistii who executed the concentration training, and at the commencement of its work were employed, receive annual leave compensation in full or for money to leave the rest of the month, regardless of the duration of attention.


Article 67


The military within and those with reduced term, pupils and students of educational institutions have the right military to aid in case of death of the spouse, children or other dependants of persons before their incorporation in the amount established by normative acts. The aid is paid by the businesses and public institutions to those who, prior to the incorporation, were their employees or by mayors, for those neincadrati in the work of the funds intended for this purpose.


Article 68 Recrutii called for military service within receive from businesses, from public institutions or public administration authorities and bodies to which they are employed all rights, including compensation in money month resting period of parental leave.
Young people who follow military education courses, soldiers employed on a contract basis, as well as those called in turn frames in the armed forces, coming between high school or graduates of vocational schools and educated supervisors on the basis of contracts concluded with businesses, are exempt from the obligation to refund tuition expenses arising from such contracts.


Article 69 of the employment contracts of employees called for military service within or with reduced times to maintain my concentration is on the conditions provided by law.
Contracts of employment of those referred to in the preceding paragraph cannot be traded than as a result of the dissolution of economic entities the fierce public institutions. In these situations, the one who committed or territorial offices work forces will ensure priority placement to those in the case in other equivalent jobs in the same city, according to the training and professional capacity, or free professional reconversion for professions that, in a certain period, are required by the economic situation on the labour market.
The posts they are framed persons covered by paragraph 1. 1 can be occupied during the military service as well as they meet, only on the basis of contracts of employment on fixed term.


Article 70 (1) throughout the attention, officers, military leaders and subofiterii reserve are receiving cash and other soldiers set out according to the legal provisions for military activity, and soldiers in the reserve and gradations, a monthly allowance equal to minimum depending on the result of the military contract employees and other rights provided for by the legal provisions on funds for soldiers within the military units to which they are concentrated.
  

(2) Rejected.
  

— — — — — — — — — — —-. (2) of article 9. 70 was introduced by EMERGENCY ORDINANCE nr. 38 of April 5, 1999) published in the MONITORUL OFICIAL nr. 140 of 6 April 1999.
*) EMERGENCY ORDINANCE nr. 38 of 5 April 1999 was rejected by law No. 565 of 19 October 2001, published in MONITORUL OFICIAL nr. 688 of 30 October 2001.


Article 71 young people called the recrutii and rezervistii, which have the quality of employees and called the County, municipal or military sector, in order to clarify the situation, are entitled to parental leave for a maximum of 3 days, with the appropriate payment made by law enforcement and public administration, economic agents and public institutions where they are employed.


Chapter 6 the material and financial Assurance Article 72 local County, municipal and district of Bucharest are obliged to ensure that military centers, County, district and municipal land, premises, telecommunication installations, facilities and funds for their activity, according to the rules laid down by decision of the Government.


Article 73 expenditure on repairs and maintenance of the premises of the military centres, municipal and County sector support by the local public administration authorities. Repairs to the premises contained in the administration of the Ministry of National Defence shall incur by this Ministry.


Article 74 local public authorities may provide military centers, moving the County and municipal sector in the premises which have been made available, than with the consent of the Ministry of Defense.


Article 75 of the current maintenance and repair of motor vehicles belonging to military centers, municipal and County sector ensure that the local public administration authorities. Capital repairs are ensured by the Ministry of National Defense's care.


Article 76 local public authorities ensure payment of military personnel outside the County centres, municipal and sector activity within the local commissions recruitment-incorporation.


Chapter 7 Penalties Article 77 shall constitute offenses the following acts, if, under the law, are not considered criminal offences, committed by: 1. young people called to the recruitment, recrutii, contractors or utility service rezervistii, for: a local Commission) failure of recruitment-incorporation according to order of calls, and if you have not received the order of calls, the latest until the end of the year in which they reach the age to be recruited;
  

b) failure or security guard rezervistului to the military records to be taken or removed from the record of the times to communicate changes in your personal situation, within the time limits provided for by law;
  

c rezervistului at the time) failure, time and place set out in the order called for clarification of the situation;
  

d) not announcing, the military records by the rookie or reservist, has absentarii from home or residence, within the time limit laid down in this period and the law;
  

e) failure, before departure from the country, the military records, to teach military certificate booklet recruitment times call to order mobilization;
  

f) loss of permits, soldier, to order call to mobilization and destructive fault insemnului, security guard, rezervistului or alternative utility utility service contractor;
  

g) failure, legal, to rezervistului for receiving or target soldier;
  

h) entrusting another person of soldier or to order call to mobilization, if this was not done with the intent that these documents be used without power;
  

2. drivers or employees of public institutions, economic agents, public administration authorities and bodies appointed for the maintenance of the military for the failure of: (a)) military conscripts and rezervistilor;
  

b) neintocmirea and submit, within the period specified, the tables with the following nominal youths to be recruited or omitting some young from these tables;
  

c) neînmânarea within, the calling of orders, conscripts and rezervistilor, as well as failure to County, municipal or military sector has produced evidence of receipt of orders;
  

d) communicate, within the prescribed period, the changes occurring in the data register of conscripts and rezervistilor;
  

e) engaging in service of conscripts and rezervistilor without taking the obvious obvious military bodies in whose territorial jurisdiction or reside;
  

f) failure to include, within the military, the personal data of the youths admitted in higher education, as well as of exmatriculati pupils and students who interrupted their studies or who left the second time repetenti;
  

g) failure of persons established for the local committees framing recruitment-incorporation;
  

h) communicate, within 3 days at the Center, as alternative utility service contractors have lost their skills for fulfilling the duties established or that the enterprise that can no longer comply with the terms of the contract.
  


Article Contraventiile provided for in article 78. 77 point 1 shall be imposed as follows: (a)) with fine of 400,000 50,000 lei lei to those referred. e) and (f));
  

b) with fine of 75,000 at 700,000 lei, those referred to. c), (d)), g) and (h));
  

c) with fine of 500,000 3,000,000 lei lei, those referred to. the a and b)).
  

Referred to in article Contraventiile. 77 Item 2 shall be imposed as follows: (a)) with fine 200,000 lei lei to 700,000 those referred to. f) and (g));
  

b) fine from 1,000,000 to 300,000 lei lei, those referred to. b) and d);
  

c) with fine of 400,000 1,500,000 lei lei, those referred to. a), c), (e)) and (h)).
  


Article 79 Neaducerea out or faulty fulfilment of the facts referred to in art. 77, by the staff of the centres and military police units, constitute disciplinary sanctions and disciplinary action by the hierarchical superiors of their bosses, to the respective military commanders referral centres.


Article 80 Contraventiile it is noticed by those empowered by the General staff, military centers, County, municipal or district or police inspectorates. Claim agent apply sanctions.


Article 81 provisions of art. 77 and 80 are completed with the provisions of law No. 32/68 concerning the establishment and sanctioning offences, with the exception of art. 25, 26 and 27 of the same law.


Chapter 8 final provisions Article 82


The Ministry of National Defense organizes its own bank book-keeping data locally and centrally of conscripts and rezervistilor, based on data from the national population register of information.


Article 83 the implementation of the provisions of this law by businesses, public institutions, public bodies and authorities shall be established by decisions of the Government.


Article 84 medical examination Method of young conscripts and rezervistilor, the medical treatment of conscripts, providing them with medical and Instrumentation with health personnel shall be determined by order of the Minister of national defence and the Minister of health.


Article 85 the way of execution of the provisions of this law concerning the oblibaţiile of the police shall be determined by order of the Minister of national defence and Minister of administration and Interior.


Article 86 training centres, Organization of technical-applicative circles, the content of the programmes, the number of hours required, as well as other issues concerning the participation of young people in the preparation of premilitara shall be determined by regulations and instructions drawn up jointly by the Ministry of defence and national bodies involved in this field.


Article 87 of the National Defense Ministry, systematically informs the population through the press and through their own shows for radio and television, transmitted without payment on national stations, and through relations with mass-media, on issues of importance in the field of defence and the manner in which its army accomplishes what missions are established by the Constitution and laws of the country.


Article Act No. 88. 14 of 28 December 1972 on the Organization of national defence of Romania, Decree nr. 582 of 29 august 1978, Decree-Law No. 99 of 14 March 1990 concerning the completion of military service within the term, and Decree-Law No. 119 of 14 April 1990 concerning the content of the military oath, Decree nr. 79/78 relating to insurance financial duties for rezervistii and military retirees who fulfill function in their bodyguards patriotic Decree nr. 486/1977 approving the standard equipment supply regulation uniforms and meet the expenditure necessary to ensure equipment, materials and other expenses as determined by the Organization, preparation and action of the fight shifts; patriotic Decree nr. 90/1977 establishing the flag fight of patriotic and aimed at regulating shifts; the latter, Government decision No. 503/1993 authorizing the Ministry of National Defense to hire contract soldiers, as well as any other provisions contrary to this law are hereby repealed.
— — — — — — — — — — — — — Note: Law No. 46/1996 amend accordingly the provisions contained in ORDINANCE No. 84 of 30 august 2001 and published in the Official Gazette No. 544 as of September 1, 2001, as mentioned in annex 1) of that Ordinance.
*) Annex 1 of ORDINANCE No. 84 of 30 august 2001 has been abrogated by the EMERGENCY ORDINANCE nr. 50 of 15 June 2004 published in Official Gazette No. 595 from July 1, 2004.
— — — — — — — — — — — —-see and EMERGENCY ORDINANCE nr. 64 of 28 June 2003 published in Official Gazette No. 464 of 29 June 2003.
This law was passed by the Senate in session on 13 May 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT CARLOS p. VALADON this law was adopted by the Chamber of deputies in the meeting of 20 May 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT R GILBERT-— — — — — — — — — — — — — — —