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Law No. 42 Of 18 December 1990 * Republished

Original Language Title:  LEGE nr. 42 din 18 decembrie 1990 *** Republicată

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LEGE no. 42 42 of 18 December 1990 (** republished)-(* updated *) for honoring the heroes-martyrs and granting rights to their descendants, the wounded, as well as the fighters for the victory of the Revolution of December 1989 ((updated until 16 October 2003 *)
ISSUER PARLIAMENT




--------------- * *) The original text was published in OFFICIAL GAZETTE NO. 198 of August 23, 1996. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. until October 16, 2003, with the amendments and additions made by: EMERGENCY ORDINANCE no. 42 42 of 10 July 1997 ; EMERGENCY ORDINANCE no. 47 47 of 02 September 1997 ; LAW no. 209 209 of 15 December 1997 ; EMERGENCY ORDINANCE no. 17 17 of 8 March 1999 ; ORDINANCE no. 73 73 of 27 August 1999 rejected by LAW no. 206 206 of 19 April 2002 ; EMERGENCY ORDINANCE no. 184 184 of 16 November 1999 ; LAW no. 29 29 of 31 March 2000 ; LAW no. 112 112 of 28 June 2000 ; RECTIFICATION no. 112 112 of 28 June 2000 ; EMERGENCY ORDINANCE no. 87 87 of 29 June 2000 rejected by LAW no. 208 208 of 19 April 2002 ; ORDINANCE no. 7 7 of 19 July 2001 ; JUDGMENT no. 399 399 of 18 April 2002 ; EMERGENCY ORDINANCE no. 99 99 of 29 August 2002 ; ORDINANCE no. 36 36 of 30 January 2003 . ** **) Republicated pursuant to art. II of Law no. 70 70 of 12 July 1996 , published in the Official Gazette of Romania, Part I, no. 147 147 of 12 July 1996, giving the articles and paragraphs a new numbering. Law no. 42/1990 was published in the Official Gazette of Romania, Part I, no. 147 of 19 December 1990, was republished in the Official Gazette of Romania, Part I, no. 146 of 13 July 1991 and in the Official Gazette of Romania, Part I, no. 204 204 of 21 August 1992 and has been amended by Government Ordinance no. 17 17 of 4 August 1995 , published in the Official Gazette of Romania, Part I, no. 186 186 of 17 August 1995 (approved and amended by Law no. 122 122 of 15 December 1995 , published in the Official Gazette of Romania, Part I, no. 293 293 of 19 December 1995) and by Law no. 30 30 of 6 May 1996 , published in the Official Gazette of Romania, Part I, no. 96 96 of 13 May 1996. + Article 1 For the honor and eternity of the memory of those who sacrificed their lives for the victory of the Revolution of December 1989, the title of Hero-martyr of the Romanian Revolution of December 1989 is established. The title of Hero-martyr of the Romanian Revolution of December 1989 is given posthumously: the certificate of attestation and the insignia of the title are handed over, to the preservation, to the family of the decorated or parents + Article 2 As a sign of appreciation and gratitude for those who were injured in the battles for the victory of the Revolution of December 1989, the title of Fighter for the Victory of the Romanian Revolution in December 1989 was established The title of Fighter for the Victory of the Romanian Revolution of December 1989 is also conferred on those who were detained from 16 to 22 December 1989 as a result of participating in the actions for the victory of the revolution, as well as those who, from 16 to 25 December 1989, distinguished themselves by special deeds in the struggle for the victory of the revolution. Persons referred to in par. 2 must provide proof of special facts in the battles for the victory of the revolution and be recommended by an association, a club, a foundation or a league of fighters, legally constituted until December 30, 1992. In order to recognize the quality provided by this law, the issuance of proof certificates and the proposal of the distinctions provided for in 1, 2, 3 and 4 of this law the Commission is established to honor and support the heroes of the Revolution of December 1989. The composition of the commission, whose members are appointed by Government decision, is as follows: -a representative of the Ministry of Labour and Social Solidarity; -a representative of the Ministry of Health and Family; -a representative of the Ministry of Public Finance -a representative of the Ministry of National Defence -a representative of the Ministry of Interior; -a representative of the Justice Ministry; -a representative of the Public Ministry; -a representative of the General Secretariat of the Government; -a representative of the State Secretariat for the Revolutionary Issues of December 1989; -8 representatives of associations of legal revolutionaries constituted until December 30, 1992, by rotation, under the conditions provided by the Regulation of organization and functioning of the commission. The chairman of the commission is appointed to the proposal of associations of legal revolutionaries constituted until December 30, 1992, by the Government, and will be employed by the Government. The State Secretariat for the Problems of the Revolutionaries of December 1989 ensures the application of the provisions of the present law and the execution of the secretariat and archive The General Secretariat of the Government will provide the space and funds necessary to carry out the commission The deadline for submitting files in order to recognize the quality of fighter for the victory of the Romanian Revolution of December 1989 or participant in the victory of the Romanian Revolution of December 1989 is 90 days after the entry into force of this law. The issuance of proof certificates will be made according to the methodology established by the Regulation of organization and functioning of the Commission for the honor and support of the heroes of the December 1989 Revolution, approved by Government decision *), in days after the entry into force of this Law. ---------------- * *) See Government Decision no. 566 566 of 15 July 1996 , published in MONITORUL OFFICIAL no. 167 167 of 29 July 1996. In art. 2 2 para. 4, "30 April 1991" was replaced by: "30 December 1992" by RECTIFICATION no. 42 42 of 18 December 1990 published in MONITORUL OFFICIAL no. 8 8 of 24 January 1997. + Article 3 The title of Participant is established at the Victory of the Romanian Revolution of December 1989 for those who participated in the actions carried out in the December 1989 Revolution, other than those provided in art. 2 2 para. 2. Persons referred to in par. 1 must provide proof of participation in the actions of the revolution and be recommended by an association or league of fighters from the revolution, legally constituted until December 30, 1992. The title of Participant in the Victory of the Romanian Revolution in December 1989 is honorary. The beneficiaries of this title will receive a distinct patent, under the conditions 5 5 of this law. + Article 4 In appreciation of the participants in the actions for the victory of the revolution, the Commemorative Cross of the Anticommunist Revolution of December 1989 is established, under the conditions of this law. --------------- The name of the decoration "Medalia Romanian Revolution of December 1989", was replaced by the name "Commemorative Cross of the Anticommunist Revolution of December 1989", by LAW no. 29 29 of 31 March 2000 published in MONITORUL OFFICIAL no. 146 146 of 7 April 2000. + Article 5 Titles provided for in art. 1, 2 and 3, as well as the medals provided for each title shall be conferred by the President of Romania, on the proposal of the commission provided for in 2 2 para. 4; the competence of the commission and the criteria for the award of securities are set out in Annexes no 1 and 2 which form an integral part of this law. Titles that have not been conferred under the conditions of par. 1 or whose beneficiary had no special merits are null and void. The nullity of the securities can be found, ex officio or at the request of any interested person, by the Commission for the honor and support of the heroes of the December 1989 Revolution, provided by this law, by decision of finding nullity. Decisions to determine the nullity of certificates will be able to be challenged, within 30 days, to the special parliamentary committee provided for in art. 7. Verification of the files of those who acquired the titles provided in par. 1 will be made ex officio or at the request of any interested person, within one year from the entry into force of this law, by the Commission for the honor and support of the heroes of the Revolution of December 1989. If the commission referred to in art. 2 2 para. 4 does not complete the works for which it was established, the Government, through the State Secretariat for the Problems of Revolutionaries of December 1989, is empowered to make proposals to the President of Romania for the issuance of the to art. 1, 2 and 3, using the lists submitted to the Government by the revolutionary organizations legally constituted until December 31, 1992. The lists containing the proposals will be published in the Official Gazette of Romania, through the care of the State Secretariat for the Problems of the Revolutionaries of December 1989, the possible appeals to be presented to the parliamentary commission art. 7, within 30 days of publication. The appeals will be resolved within 10 days of their receipt, and the decisions will be communicated in writing to the President of Romania and the objectors. ------------------ Article 5 was completed by EMERGENCY ORDINANCE no. 184 184 of 16 November 1999 published in MONITORUL OFFICIAL no. 562 562 of 17 November 1999. + Article 6 The description, the way of attribution and the wearing of marks are established by a regulation, approved by decision of the Romanian Parliament *) The description of the content of the certificates issued by the Commission for the Honoring and Support of the Heroes of the Revolution of December 1989 is established by a regulation The certificates shall be issued by the Commission for the honor and support of the heroes of the December 1989 Revolution of persons referred to in 1 1 and 2 and only on the basis of the supporting documents provided for in 2. The certificate will expressly register the rights to which the holder benefits; the certificates will be signed by the President and the Secretary of the Commission for Honoring and Supporting the Heroes of the Revolution of December 1989. The exchange of existing certificates will be made after the verification of the files, within 60 days. By the same regulation will be instituted, for the parents of the heroes-martyrs, a distinctive homage insignia, with the right to wear it. The conferment of the distinctions provided for in this law is attested ------------------- * *) See Romanian Parliament Decision no. 24/1991 , published in MONITORUL OFFICIAL no. 210 210 of 15 October 1991. + Article 7 The parliamentary commission for the control of the application of this law is established, by decision of the The commission will consist of 5 senators and 6 deputies, according to the political configuration of the Romanian Parliament. + Article 8 Followers or, as the case may be, the parents of the heroes-martyrs of the revolution will receive, together with the mark of the title provided 1, and the amount of 60,000 lei. The wounded of the revolution will receive, together with the insignia of the title provided 2, and the amount of 40,000 lei. + Article 8 ^ 1 (1) Persons who have lost all or part of their ability to work, the great mutilates and the descendants of those who died as a result of participating in the fight for the victory of the Revolution of December 1989 or in connection with the revolutionary events of December 1989 are entitled to a restorative allowance. (2) The restorative allowance shall be established and granted monthly, on the basis of multiplication coefficients applied on the average gross salary on economy communicated by the National Commission for Statistics for the month before the one in which the payment is made rights, as follows: a) 1,60-for large mutilated; b) 1.40-for persons classified in the first degree of invalidity; c) 1.20-for persons classified in the second degree of invalidity; d) 0.85-for persons classified in the third degree of invalidity; e) 0,60-for each survivor entitled to receive the repair allowance. (2 ^ 1) The amount of allowances provided in par. 2 may not be lower than the one due on March of 1999. (3) The mutilated sea and persons classified in the first degree of invalidity also benefit from a care allowance that is granted and is established monthly on the basis of the multiplication coefficient 0,30 applied on the average gross salary on economy communicated by the National Statistics Commission for the month before the one in which the payment of rights is made (4) By large mutilated from the Revolution of December 1989 is understood the person who presents a serious functional disorder by the total loss of the ability of travel, of manipulation or of sight-absolute cheque-, requiring permanent care from another person. ------------------ Art. 8 ^ 1 was introduced by EMERGENCY ORDINANCE no. 17 17 of 8 March 1999 published in MONITORUL OFFICIAL no. 102 102 of 10 March 1999. Alin. ((2) and (3) of art. 8 ^ 1 were amended by LAW no. 112 112 of 28 June 2000 published in MONITORUL OFFICIAL no. 28 June 2000. Alin. ((2 ^ 1) was introduced by LAW no. 112 112 of 28 June 2000 published in MONITORUL OFFICIAL no. 299 299 June 28, 2000. + Article 8 ^ 2 Repealed. ------------------ Art. 8 ^ 2 was introduced by EMERGENCY ORDINANCE no. 17 17 of 8 March 1999 published in MONITORUL OFFICIAL no. 102 102 of 10 March 1999; repealed by LAW no. 112 112 of 28 June 2000 published in MONITORUL OFFICIAL no. 299 299 of 28 June 2000. + Article 8 ^ 3 Persons who lost all or part of their work capacity and of the great mutilated, as a result of participating in the struggle for the victory of the Revolution of December 1989 or in connection with the revolutionary events of December 1989, which were included in a social security system prior to the date of the acquisition of the wounds, the contracting of diseases or the ironing of invalidity because of this, they are entitled, in addition to the reparative allowance, to invalidity pension, regardless of the seniority, during the how long the invalidity lasts, established under the same conditions as the pension disability of people who have suffered accidents at work. Invalidity pension established under the conditions of par. 1 is suspended during the time the person concerned performs activity on the basis of a work contract, except for the person classified in the third degree of invalidity and who performs an activity with half of the normal working hours. ------------------ Art. 8 ^ 3 was introduced by EMERGENCY ORDINANCE no. 17 17 of 8 March 1999 published in MONITORUL OFFICIAL no. 102 102 of 10 March 1999; amended by LAW no. 112 112 of 28 June 2000 published in MONITORUL OFFICIAL no. 299 299 of 28 June 2000. + Article 8 ^ 4 The provisions contained in the social insurance legislation, regarding the expertise, revision, suspension, resumption, termination and payment of pensions, shall also apply to the reparative indemnity rights established by this law. ------------------ Art. 8 ^ 4 was introduced by EMERGENCY ORDINANCE no. 17 17 of 8 March 1999 published in MONITORUL OFFICIAL no. 102 102 of 10 March 1999; amended by LAW no. 112 112 of 28 June 2000 published in MONITORUL OFFICIAL no. 299 299 of 28 June 2000. + Article 8 ^ 5 They are entitled to the repair allowance provided for in art. 8 ^ 1 para. 2 lit. e) children and the surviving spouse of the person who died as a result of participating in the fight for the victory of the Revolution of December 1989 or in connection with the revolutionary events of December 1989. Children shall benefit from the restorative allowance as follows: a) up to the age of 16; b) if they continue their studies in a form of education organized according to the law, until their termination, without exceeding the age of 26; c) for the duration of invalidity of any degree, if it arose during the period in which they were in one of the situations referred to in lett. a) or b). The surviving spouse benefits from restorative allowance, if he has not remarried, throughout his life, regardless of the duration of the marriage. The repair allowance due to the persons referred to in par. 1, granted under the conditions of para. 2 2 and 3, shall be cumulated with the survivor's pension. " ------------------ Art. 8 ^ 5 was introduced by EMERGENCY ORDINANCE no. 17 17 of 8 March 1999 published in MONITORUL OFFICIAL no. 102 102 of 10 March 1999. Paragraph 3 of the art. 8 ^ 5 was amended by LAW no. 112 112 of 28 June 2000 published in MONITORUL OFFICIAL no. 299 299 of 28 June 2000. In par. 3 3 of art. 8 ^ 5: ..., if he did not remarry throughout his life, ... he was replaced by: ..., if he did not remarry, throughout his life, ... ,, of RECTIFICATION no. 112 112 of 28 June 2000 published in MONITORUL OFFICIAL no. 369 369 of 9 August 2000. + Article 9 Repealed. ------------------ Article 9 was repealed by LAW no. 209 209 of 15 December 1997 published in MONITORUL OFFICIAL no. 361 361 of 16 December 1997. + Article 10 (1) Persons who have lost all or part of their ability to work, the mutilated sea, the injured and the descendants of those who died as a result of participating in the fight for the victory of the Revolution of December 1989 also benefit from the following rights: a) priority to the rental and purchase of housing from the state fund; b) the establishment of the rent at the basic rate provided for a salary or a pension of up to 800 lei monthly, without the application of the increases that are charged to persons who have an average income per family member of more than 1,500 lei monthly; periodically the levels provided for in this letter c) the granting of an extra room to the mutilated seas and persons classified in the first degree of invalidity; d) the granting of bank loans or facilities for the purchase or construction of a single dwelling under the most favorable conditions provided by law; e) the attribution without payment of final resting places in public domain cemeteries; f) free access to treatment and consultations in hospitals and polyclinics of the Ministry of Health, Ministry of National Defence and Ministry of Interior; g) free medicines; h) free provision of prostheses to large mutilated and persons who have lost all or part of their work capacity; i) free access to sanatoriums and treatment bases belonging to the Ministry of Health, Ministry of National Defence and Ministry of Interior j) free urban transport by public transport belonging to units with majority state capital and, annually, 12 free trips by railway class I, round trip. People living in rural areas are also entitled to 12 free trips per year, round-trip, by train or bus units with majority state capital, to the county seat. These gratuities also benefit the attendant of the great mutilated and of the person classified in the first degree of invalidity; k) exemption from payment of taxes and fees for buildings and related land, for hycomat cars, mototricycle and radio-TV; l) the possibility of cumulating the repair allowance with any other income; m) free access to state-subsidized crèches and kindergartens; n) free granting of an autonomous means of transport corresponding to international standards and exemption from customs duties in order to purchase from import, for the wounded in the battles for the victory of the Revolution of December 1989 or in link to the revolutionary events of December 1989, which fall within the medical criteria in force *); o) free legal assistance, granted through the bars of lawyers in cases related to the subject of this law; p) retirement, with the reduction of the age provided by law by 5 years, for the parents of persons who died as a result of participation in the fight for the victory of the Revolution of December 1989 or in connection with the revolutionary events of December 1989, their spouses, as well as the wounded of the revolution; r) scholarships for students and students in state educational institutions, under the law, regardless of income, for the surviving spouse and for the descendants of persons who died as a result of participation in the fight for the victory of the Revolution of December 1989 or in connection with the revolutionary events of December 1989, as well as for the invalids or wounded of the revolution; s) obtaining bank loans of maximum 300 million lei for investments of a productive nature, contracted between banks and beneficiaries, and subsidizing by the state interest on these loans 50%, within the limits of the provisions the annual budget approved for that purpose. The Government will periodically approve the update of the credit limit mentioned in relation to the price development s,) priority to employment as sellers in companies with majority state capital of persons who have lost all or part of their ability to work or their rental, from the state fund, of small spaces available for production or service activities; the granting of a small space, with rent, for commercial, production or service activities, without tender; t) granting a land area under the conditions Law of Land Fund no. 18/1991 , republished. (2) The labor contract of the fighters for the victory of the Romanian Revolution of December 1989, framed in units with full state capital, can only be undone for reasons attributable to them. (3) The rights provided in par. 1 lit. f)-i) shall be granted only during the period during which the beneficiaries retain the status of survivor, injured or invalidity pensioner. (4) The rights provided in par. 1 lit. a)-f), i)-m) and a)-t) also benefit the persons referred to in art. 2 2 para. 2. ---------------- Paragraph 1 of art. 10 10 has been amended by art. 1 of EMERGENCY ORDINANCE no. 17 17 of 8 March 1999 published in MONITORUL OFFICIAL no. 102 102 of 10 March 1999. Lit. b), e) and l) of par. 1 1 a art. 10 were amended by LAW no. 112 112 of 28 June 2000 published in MONITORUL OFFICIAL no. 299 299 of 28 June 2000. See the JUDGMENT no. 644 644 of 25 September 1998 published in MONITORUL OFFICIAL of October 12, 1998 approving the Methodology for the application of the provisions of par. 1 lit. n) of art. 10. At lit. s) of art. 10 "amount of 150 million lei" was updated by JUDGMENT no. 116 of 01 March 1999, published in the OFFICIAL GAZETTE no. 90 90 of 2 March 1999. Letter s) a par. ((1) art. 10 10 was amended by JUDGMENT no. 399 399 of 18 April 2002 published in MONITORUL OFFICIAL no. 292 292 of 30 April 2002. The provisions contained in point n) of par. ((1) of art. 10 10 cease its applicability, as set out in Annex 1 EMERGENCY ORDINANCE no. 99 99 of 29 August 2002 published in MONITORUL OFFICIAL no. 652 652 of 2 September 2002. Article 8 of ORDINANCE no. 36 36 of 30 January 2003 published in MONITORUL OFFICIAL no. 68 68 of 2 February 2003 provides: " (1) As of the date of entry into force of the provisions of this ordinance, the exemptions from the payment of customs duties, provided for in: (...) b) art. 10 10 para. ((1) lit. n) of Law no. 42/1990 to honor the heroes-martyrs and to grant rights to their descendants, to the injured, as well as to the fighters for the victory of the Revolution of December 1989, republished, with subsequent amendments and completions; " + Article 11 (1) The parents of persons who died as a result of participating in the fight for the victory of the Revolution of December 1989 or in connection with the revolutionary events of December 1989 benefit from a monthly amount equal to 50% of the allowance restorative provided in art. 8 ^ 1 para. 2 lit. e), all the time of life. ((2) Abrogat. (3) Persons referred to in par. 1 also benefits from: a) the rights provided in art. 10 10 para. 1 lit. b), e), f), g), i), k), o) and p); b) repealed; c) free urban transport by means of public transport belonging to units with majority state capital; d) 4 free trips, annually, on the first class railway, round trip. ----------------- Article 11 has been amended by art. 1 of EMERGENCY ORDINANCE no. 17 17 of 8 March 1999 published in MONITORUL OFFICIAL no. 102 102 of 10 March 1999. Alin. ((1) art. 11 11 was amended by LAW no. 112 112 of 28 June 2000 published in MONITORUL OFFICIAL no. 299 299 of 28 June 2000. Alin. ((2) of art. 11 11 has been repealed by art. 86 of ORDINANCE no. 73 73 of 27 August 1999 published in MONITORUL OFFICIAL no. 419 419 of 31 August 1999 repealed by art. 85 of ORDINANCE no. 7 7 of 19 July 2001 ; ORDINANCE no. 73 73 of 27 August 1999 has been rejected by LAW no. 206 206 of 19 April 2002 published in MONITORUL OFFICIAL no. 275 275 of 24 April 2002. Point b) of par. ((3) art. 11 was repealed by EMERGENCY ORDINANCE no. 87 87 of 29 June 2000 , published in MONITORUL OFFICIAL no. 302 302 of 3 July 2000, the repealed ordinance, in turn, of ORDINANCE no. 7 7 of 19 July 2001 , published in MONITORUL OFFICIAL no. 435 435 of 3 August 2001. EMERGENCY ORDINANCE no. 87 87 of 29 June 2000 has been rejected by LAW no. 208 208 of 19 April 2002 published in MONITORUL OFFICIAL no. 275 275 of 24 April 2002. + Article 12 (1) The surviving spouse of the person who died as a result of participating in the fight for the victory of the Revolution of December 1989 or in connection with the revolutionary events of December 1989 and which has in maintenance one or more children of it benefits from a monthly amount equal to 50% of the restorative allowance provided for in art. 8 ^ 1 para. 2 lit. e). (2) The amount provided in par. 1 is granted until the age of 16 by the last dependent child or, if he continues his studies in a form of education organized according to the law, until their termination, without exceeding the age of 26. (3) Payment of the amount provided in par. 1 is suspended during the time the beneficiary is deprived of parental rights or the child is declared abandoned by final court decision or is entrusted, according to the law, to a natural or legal person or is given in placement, interned in a re-education center or in a medical-educational institution. (4) The surviving spouse referred to in par. 1 also benefits from the rights provided in art. 10 10 para. 1. (5) In case of death of the surviving spouse, provided in par. 1, or if the children are not in its maintenance, the rights provided in par. 1 is granted to legal representatives of children. ----------------- Article 12 was amended by the Emergency Ordinance no. 47 47 of 2 September 1997 published in MONITORUL OFFICIAL no. 231 231 of 04 September 1997; amended by art. 1 of EMERGENCY ORDINANCE no. 17 17 of 8 March 1999 published in MONITORUL OFFICIAL no. 102 102 of 10 March 1999. Paragraph 5 of the art. 12 12 was amended by LAW no. 112 112 of 28 June 2000 published in MONITORUL OFFICIAL no. 299 299 of 28 June 2000. + Article 13 Repealed. --------------- Article 13 was amended by the Emergency Ordinance no. 42 42 of 10 July 1997 , published in MONITORUL OFFICIAL no. 153 153 of 14 July 1997, repealed by EMERGENCY ORDINANCE no. 17 17 of 8 March 1999 , published in MONITORUL OFFICIAL no. 102 102 of 10 March 1999. Article 13 was repealed by LAW no. 209 209 of 15 December 1997 published in MONITORUL OFFICIAL no. 361 361 of 16 December 1997. + Article 14 Prefectures and town halls will provide the necessary support to persons subject to this law, to obtain housing, employment, as well as to solve other social and professional problems they face. + Article 15 Board of Directors of the Foundation for the "Freedom Fund", established pursuant to Decree-Law no. 124/1990 , is completed with a representative of the 9 associations of the wounded and descendants of the heroes of the revolution. + Article 16 The provisions of this law also apply accordingly to military of any degree, as well as to civilian personnel in the Ministry of National Defence and the Interior Ministry, who sacrificed their lives or were injured in the fighting for victory. revolution or in connection with the revolutionary events of December 1989, and their descendants. The provisions of this law do not benefit the persons who organized, instigated or fought, by any means, against the Revolution of December 1989, as well as their descendants. + Article 17 The Romanian Government will bring to fruition the provisions of this law, ensuring the necessary material and financial resources, including the supplementation of foreign exchange funds made available to the Ministry of Health, in order to send abroad, whenever it is required, of people who have suffered particularly serious conditions in the battles for the victory of the revolution. It will also ensure the rants of the revolution the currency resources for the purchase of prosthetics necessary for this category of persons. The amounts necessary to pay the repair allowances provided for in art. 8 ^ 1 and art. 11 11 para. 1 is borne by the state budget and are provided in the budgets of the Ministry of Labour and Social Protection, the Ministry of National Defence and the Ministry of Interior, respectively. The amount that is granted to the surviving spouse according to 12 is supported by the state budget and is provided in the budget of the State Secretariat for the Problems of Revolutionaries in December 1989. ---------------- Article 2 (2) art. 17 was introduced by EMERGENCY ORDINANCE no. 17 17 of 8 March 1999 published in MONITORUL OFFICIAL no. 102 102 of 10 March 1999. + Article 18 Failure to comply with the provisions of this law attracts, as the case may be, disciplinary, administrative, civil or criminal liability + Article 19 The young people, who were awarded the title of Fighter for the Victory of the Romanian Revolution of December 1989 and who on January 1, 1990 were under 21, will be selected, through the care of the Government, depending on the moral qualities, skills and preparation and recommended to be assigned to central and local institutions and other budgetary units, depending on their competence and in compliance with the legal provisions. + Article 20 Decree-Law no. 76/1990 , the provisions relating to invalids invalids as a result of participation in the December 1989 Revolution of Government Decision no. 1.065/1990 *), and any other provisions contrary to the provisions of this law, shall be repealed. ------------- * *) Government Decision no. 1.065/1990 has been repealed by LAW no. 44 44 of 1 July 1994 published in MONITORUL OFFICIAL no. 783 783 of 28 October 2002. + Article 21 This Law shall enter into force on 1 December 1990 * **). ------------ ***) See the dates of entry into force of the amending normative acts. ------------- EMERGENCY ORDINANCE no. 42 42 of 10 July 1997 , published in MONITORUL OFFICIAL no. 153 153 of 14 July 1997, repealed by EMERGENCY ORDINANCE no. 17 17 of 8 March 1999 , published in MONITORUL OFFICIAL no. 102 of March 10, 1999, provides, in art. 2: Monthly allowance granted to persons classified in the first degree of invalidity, for the attendant, according to Law no. 42/1990 , republished *), is set at 134,000 lei. + Annex 1 COMPETENCE Commission for Honoring and Supporting the Heroes of the Revolution of December 1989 The commission for honoring and supporting the heroes of the December 1989 Revolution finds, ex officio or at the request of those interested, the quality of erou-martyr, of fighter for the victory of the Revolution of December 1989, of deceased or injured in connection with the revolutionary events of December 1989, as well as the one provided in art. 4, issue certificates proving to those legally entitled and propose to grant the distinctions provided in art. 1, 2, 3 and 4 of this law. The competence of the Commission for the honor and support of the heroes of the December 1989 Revolution is the one provided by the present law and the Regulation of organization and functioning of the commission, approved by Government decision. The documents necessary to establish the quality in order to issue the certificates are constituted in the archive of the Commission for the honor and support of the heroes of the The quality of erou-martyr or injured provided in the preceding paragraph is recognized to those who died or were injured between December 16, 1989 and January 10, 1990, including those who, being injured during this period, later died from cause of his injuries Those who during this period suffered bodily harm who required medical care for healing or who produced any of the following consequences are considered injured: loss of a sense or organ, cessation of functioning to them, a permanent infirmity physical or mental, sluggishness, abortion or endangerment of a person's life. For the purposes of this law, those who, following participation in the fighting for the victory of the revolution, were transported and kept, at the headquarters of one of the organs of the former Interior Ministry, with or without fulfilling the formalities provided by law. In order to carry out these duties, the commission is empowered to seek relations from any state body, as well as from natural and legal persons. + Annex 2 GRID on the classification of applicants 1 1, 2 and 3 of this Law The title of Hero-Martyr of the Romanian Revolution of December 1989 is given to those who lost their lives for the freedom of the Romanian people from December 16, 1989 to January 10, 1990, as well as to those who died as a result of serious injuries caused the same period. The title of Fighter for the Victory of the Romanian Revolution of December 1989 is awarded -injured with or without degree of invalidity, if they actively participated in the victory of the Romanian Revolution of December 1989; -those detained from 16 to 21 December 1989, if it follows that they were detained in street demonstrations in connection with revolutionary activities and not for the commission of criminal acts of common law; -persons who actually participated in the revolutionary activities from 16 to 25 December 1989 and were distinguished by special facts. Proof of the activity of the fighters and their merits shall be attested by the following mandatory -minutes concluded by the constituent organizations; -certificate or other documents; -statements of the persons participating in the December 1989 Revolution, recognized by the fighters, but also in conjunction with other conclusive evidence. The title of Participant in the Victory of the Romanian Revolution of December 1989 is conferred on those persons who, through direct or indirect contribution, contributed to the victory of the Revolution of December 1989 ------------- NOTE: See also EMERGENCY ORDINANCE no. 64 64 of 28 June 2003 published in MONITORUL OFFICIAL no. 464 464 of 29 June 2003. ------------------------