LEGE no. 384 384 of 10 October 2006 (* updated *) on the status of soldiers and professional graders * *) ((updated on 1 January 2017 *)
ISSUER
PARLIAMENT
---------- **) The title of the law was amended by item 1 1 of art. I of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 49 of 20 January 2012. The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) Professional soldiers and gradations constitute a distinct body of military personnel, recruited on a voluntary basis and located at the base of the military hierarchy. ... (2) Professional soldiers and graders are employed on the basis of a contract in positions provided for this purpose in the states of organization of military units, for a fixed period, depending on the level of training, health status and skills for the performance of military duties. ... --------- Article 1 was amended by paragraph 1. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 2 (1) Soldiers and professional graders are selected, for the conclusion of the first contract in this capacity, among Romanian citizens, men and women, residing in the country. ... ---------- Alin. ((1) of art. 2 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) For the performance of military service as soldiers and professional graders, citizens between the ages of 18 and 50, who meet the norms and criteria established by order of the Minister of National Defence, can also be recruited and employed. ... ---------- Alin. ((2) of art. 2 2 has been amended by section 2 2 of art. I of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 49 of 20 January 2012. (3) The mode of selection, training, military specialties and the functions in which they will be employed, as well as the manner of young women's records shall be established by order of the Minister of National Defence. ... ---------- Alin. ((3) of art. 2 2 has been introduced by section 2 2 of art. I of LAW no. 51 51 of 19 March 2010 published in MONITORUL OFFICIAL no. 188 188 of 24 March 2010. + Article 3 (1) The military ranks of the soldiers and professional graders, in their hierarchical order, are: soldier, leader, corporal class III, class II, class I. ... (2) The military ranks shall be granted in the order provided in par. (1), whether professional gradations have held, as reservists, higher degrees. ... (3) The acquisition of the quality of professional soldier is subject to the written consent of those concerned regarding the waiver of previously acquired and held grades as a reservist. ... (4) During the period when the soldiers and professional graders are in activity, they are included in the mobilization plans. ... ---------- Article 3 was amended by par. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 4 Soldiers and professional graders can only lose the degree obtained in the cases and conditions provided by law. ----------- Article 4 was amended by par. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Chapter II Duties and rights of professional soldiers and graders --------- Head title. II was amended by par. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Section 1 Duties of professional soldiers and graders ---------- The title of Section 1 was amended by paragraph 1. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 5 Soldiers and professional graders have the following main duties: ---------- The introductory part of art. 5 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. a) to be devoted to the Romanian people, the Romanian state and the institution where they operate; ... b) to fulfill with loyalty and professionalism the missions received, both on the territory of the Romanian state and outside it, if necessary, even at the cost of living; ... c) respect and defend the values of constitutional democracy; ... d) to observe the military oath, the provisions of the military regulations and to execute exactly and on time the orders of the commanders and chiefs. Soldiers and professional graders cannot be ordered and prohibited, in any situation, to execute acts contrary to the law, customs of war and international conventions to which Romania is a party. Failure to execute orders under these conditions does not entail the legal liability of professional soldiers and graders; ... ---------- Letter d) of art. 5 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. e) to participate unconditionally in international missions, depending on the Ministry of Defense; ... f) to cherish the honor and combat traditions of the Romanian Army, of the weapon and of their unity, as well as the dignity of the degree and the military uniform they carry; ... g) to improve their professional training, to train thoroughly, to prepare subordinates and to defend their rights; ... h) to act for regular maintenance and maintenance in the state of operativeness of the technique and armaments and for the efficient use and administration of goods; ... i) to strictly keep the state and service secret, as well as the confidential nature of the activities and information they hold. ... + Article 7 (1) Professional soldiers and graders shall be criminally, contraventionally, materially and disciplinarily liable, as the case may be, under the same conditions provided by law for military personnel. ... ---------- Alin. ((1) of art. 7 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) It is not a crime to perform any act ordered by the commander or other legitimate authority, if the order is given in the form prescribed by law and is not, manifestly, illegal. ... (3) About the non-execution of the manifestly illegal order or of the contrary to the law, customs of war and international conventions to which Romania is a party, soldiers and professional graders are obliged to inform, according to the military regulations, The chief immediately superior to the one who ordered ... --------- Alin. ((3) of art. 7 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Section 2 Rights of professional soldiers and graders ---------- The title of Section 2 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 8 (1) Professional soldiers and graders are entitled to: ... ---------- The introductory part of para. ((1) of art. 8 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. a) monthly balance, whose components and amounts are established according to the law, as well as other money rights in accordance with the regulations in force; ... b) free equipment and food, under the law; ... c) medical assistance and free medicines, under the conditions of payment of the contribution to the Single National Health Insurance Fund; ... d) military free transport documents for the performance of the holiday or in the case of moving from one garrison to another, under the conditions provided by the regulations in force for the non-commissioned officers. ... (2) Soldiers and professional graders may benefit, under the conditions established by order of the Minister of Defense, by: ... ---------- The introductory part of para. ((2) of art. 8 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. a) monthly compensation for rent, in the amount of up to 50% of the monthly balance; ... b) the service dwelling and the intervention dwelling, with exemption from the payment of the rent; ... ---------- Point b) of par. ((2) of art. 8 8 has been amended by section 4.2 3 3 of art. I of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 49 of 20 January 2012. c) internal public information products, free of charge. ... (3) Professionals and professional graders will be provided with appropriate hygienic-sanitary conditions and facilities. ... --------- Alin. ((3) of art. 8 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 9 Soldiers and professional graders have the right to follow, under the law, any form of education in the higher civil system and to improve the training belonging to military or civil education. ---------- Article 9 was amended by paragraph 1. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 10 (1) Professional soldiers and graders can be sent to study at home and abroad, according to the order of the Minister of Defense. ... (2) The selection of soldiers and professional graders, in order to send to study in the country and abroad, is based on competition. ... (3) Soldiers and professional graders who are sent to follow forms of training with a duration of more than 90 days are obliged to commit in writing that they will work in the army at least 2 years after their graduation. ... (4) In case of non-compliance with the commitment provided in (3), soldiers and professional graders are obliged to return to the Ministry of Defense the value of expenses incurred for improvement, calculated under the law applicable to military personnel in activity. ... (5) Provisions of para. (4) shall also apply if the soldiers and professional graders who have followed a form of improvement under the conditions of par. (1) did not absolve her of their guilt. ... (6) Provisions of para. ((4) does not apply where professional soldiers and graders are terminated their contract for reasons not attributable to them or ceases for reasons of illness or temporary incapacity for work, as well as following the granting of leave for pregnancy and lauzia and leave for child rearing or care, granted under the law. ... (7) Professionals and professional graders, who have completed forms of training abroad, are equivalent, under the law, to the diplomas acquired. ... ----------- Article 10 was amended by paragraph 1. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 11 (1) Soldiers and professional graders are the main resource for the training of petty officers, under the conditions provided by law ... (2) Soldiers and professional graders, regardless of the degree they have, can be selected to follow the basic course for the training of order skills. ... (3) The age limits of the soldiers and professional graders provided in par. (2) are established by order of the Minister of Defense. ... ----------- Article 11 was amended by paragraph 1. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 12 (1) Professional soldiers and graders are entitled, in peacetime, to an annual holiday of 32 calendar days, those with a service age and in work up to 10 years, and 38 calendar days, those with a seniority in service and in work for more than 10 years. ... ----------- Alin. ((1) of art. 12 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) The professionals and professional graders to whom the contract expires during the year, as well as to the newly-employed shall be established the duration of the rest leave for the year in proportion to the period worked until the expiry date of the contract, respectively until the end of the calendar year for the newly-employed, and in relation to the seniority in service and in work. ... ----------- Alin. ((2) of art. 12 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. ((3) The working and working age, taken into account for determining the duration of the holiday, shall be the one which the person concerned fulfils during the calendar year in which the leave is granted. ... + Article 13 Soldiers and professional graders benefit from study leave and additional rest leave for activities in jobs with special conditions-harmful, heavy or dangerous, under the same conditions as military personnel in the activity. ---------- Article 13 was amended by paragraph 1. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 14 (1) The rules on granting rest leave are those that apply, according to the law, to military personnel in activity. ... (2) The cash compensation of the unpaid rest leave is only allowed in case of termination of the service report. ... + Article 15 (1) Professional soldiers and graders benefit from paid sick leave, under the conditions established by law. ... (2) Soldiers and professional graders shall be entitled to leave and indemnity for the increase or care of the child, during the ongoing contract, under the conditions provided by the legislation in force. ... (3) Women, soldiers and professional graders, who are pregnant, lauded or breastfeeding benefit from the rights provided by law. ... ---------- Article 15 has been amended by paragraph 1. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 16 (1) For the resolution of special personal or family problems, soldiers and professional graders may be granted invocations and permissions. ... ---------- Alin. ((1) of art. 16 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) The duration of the invocations and permissions, as well as the commanders who have the right to approve them shall be established by military regulations. ... + Article 17 (1) When declaring the mobilization or the state of war, as well as in other special situations, established by the Minister of Defense, the holidays, the additional holidays, the study holidays, the invocations and the permissions are interrupted, the soldiers and Professional gradations being obliged to present themselves immediately to the military units to which they belong. ... (2) Professional soldiers and gradations, men, on leave for the raising or care of the child shall be presented at the military units to which they belong in the situations provided in par. ((1). ... (3) During the mobilization, the state of war or the special situations provided in par. (1), soldiers and professional graders may be granted leave and leave according to the order of the Minister of Defense. ... ---------- Article 17 was amended by paragraph 1. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 18 (1) Vechimea in service as a soldier or professional graduated is considered seniority in military service and is taken into account when establishing the pension, according to the provisions Law no. 164/2001 ... on state military pensions, republished, with subsequent amendments and completions. --------- Alin. ((1) of art. 18 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) Professional soldiers and graders benefit from the special, special conditions and other conditions of the activity they carry out or the workplace where they work, according to the legislation applicable to military personnel in activity. The period when soldiers and professional graders participate in missions outside the territory of the Romanian state consider themselves double the calculation of seniority in military service. ... --------- Alin. ((2) of art. 18 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (3) The contribution period made in the public pension system between December 24, 2006 and until the entry into force of this Law constitutes seniority in service and is used to establish the pension according to the provisions Law no. 164/2001 ... , republished, with subsequent amendments and completions. (4) The provisions of paragraph (2) also benefit persons who have fulfilled functions in the qualities provided in art. 71 71 para. ((1). *) ... ---------- Alin. ((4) of art. 18 18 has been introduced by section 4 4 of art. I of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 49 of 20 January 2012. ---------- Article 18 has been amended by section 6.6. 7 7 of art. I of LAW no. 51 51 of 19 March 2010 published in MONITORUL OFFICIAL no. 188 188 of 24 March 2010. + Article 19 (1) Professional soldiers and graders who have been placed in reserve or removed from military records based on the provisions of art. 45 45 para. ((1) lit. a)-e), g), h) and m) benefit from social protection and retraining measures, under the conditions provided by the legislation in force for military personnel. ... ---------- Alin. ((1) of art. 19 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) Soldiers and professional gradations placed in reserve or removed from military records based on the provisions of art. 45 45 para. ((1) lit. c) and d) receive free healthcare and medicines, under the conditions laid down in art. 26 26 of Law no. 80/1995 ... on the status of military personnel, with subsequent amendments and completions. ---------- Alin. ((2) of art. 19 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. ((3) Abrogat. ... ----------- Alin. ((3) of art. 19 19 was repealed by letter s) a art. 196 of LAW no. 263 263 of 16 December 2010 , published in MONITORUL OFFICIAL no. 852 852 of 20 December 2010. --------- Article 19 has been amended by section 6.6. 8 8 of art. I of LAW no. 51 51 of 19 March 2010 published in MONITORUL OFFICIAL no. 188 188 of 24 March 2010. + Article 20 (1) Professional soldiers and graders or their descendants, as the case may be, shall benefit from compensation for cases of invalidity or death caused as a result of military action, accidents, catastrophes or other such events, time and due to military service or missions in international forces intended to maintain peace or constituted for humanitarian purposes, under the conditions established by law for military personnel in activity. Compensation is borne from the budget of the Ministry of National Defence ... --------- Alin. ((1) of art. 20 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) The amount of compensation provided in par. (1) is established by Government decision. ... + Article 21 Soldiers and professional graders who participate in the performance of missions outside the territory of the Romanian state benefit from life and health insurance, according to the regulations in force and the order of the Minister of Defense. ---------- Article 21 has been amended by paragraph 1. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 22 Professional soldiers and graders who have been placed in reserve or removed from military records, except those whose contracts are terminated following their resignation or for reasons attributable to them, benefit from reconversion measures. professional, under the conditions established for military personnel in activity. ---------- Article 22 was amended by par. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 23 (1) Employers who employ undetermined soldiers or graduated professionals made redundant, among those referred to in art. 22, receive monthly, for a period of 12 months, for each person employed in this category, an amount equal to a minimum gross basic salary per country in force and contribution to the unemployment insurance budget due by the employer, related to him, with the obligation to maintain employment or service relations for at least 3 years. ... ---------- Alin. ((1) of art. 23 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) The rights provided in par. (1) shall be borne from the unemployment insurance budget. ... (3) Employers who cease the employment or service relationships of the persons referred to in par. (1), prior to the 3-year term, are obliged to refund, in full, to the county employment agencies, respectively of the city of Bucharest, the amounts collected for each person plus the reference interest of the National Bank of Romania, in force on the date of termination of employment or service relations, if their termination took place for the following reasons: ... a) termination of the employment relationship pursuant to art. 55 lit. b), art. 56 lit. c), e) and f) and art. 65 65 of Law no. 53/2003 -Labor Code, with subsequent amendments and completions; ... b) termination of the service report pursuant to art. 84 lit. b), art. 84 ^ 1 para. ((1) lit. e) and art. 84 ^ 2 para. ((1) lit. c) of Law no. 188/1999 on the Statute of civil servants, republished, with subsequent amendments and completions. ... (4) Employers who benefit from the provisions of par. ((1) and (2) may not benefit, for persons employed under the conditions of par. ((1), and the subsidies provided for by the unemployment insurance system legislation. ... (5) The rights provided in par. ((1) shall not be granted during periods in which employment or service relationships are suspended. ... + Article 24 Soldiers or professional graders and their families may use, under the conditions established by order of the Minister of Defence for military personnel, recovery facilities, military garrison and unit hostels and sports facilities and facilities. recreational property or administration of the Ministry of Defense. ---------- Article 24 was amended by par. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 25 Soldiers and professional graders are prohibited or restricted the exercise of rights and freedoms, under the conditions established by law for military personnel in activity. ---------- Article 25 was amended by par. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Section 3 Rewards and sanctions of soldiers and professional graders ---------- The title of Section 3 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 26 (1) For exceptional services to the Romanian state and people, for acts of heroism committed during the performance of military duties or for outstanding merits in activity, soldiers and professional graders can be conferred, in Law, decorations. ... (2) Professional soldiers and graders may also receive decorations from the public authorities of other partner states or organizations under the aegis of which participate in international missions to which Romania takes part, according to the treaties concluded. ... ---------- Article 26 was amended by par. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 27 For the exemplary performance of duties, soldiers and professional graders may be awarded moral and material rewards, established by order of the Minister of Defense. ---------- Article 27 was amended by par. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 28 For deviations from military discipline, non-performance of duties, violation of norms of military conduct, rules of social coexistence, soldiers and professional graders can be applied the following disciplinary sanctions: ---------- The introductory part of art. 28 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. a) warning; ... b) written reprimand; ... c) relegation from office; ... --------- Lit. c) of art. 28 28 has been amended by section 4.2 10 10 of art. I of LAW no. 51 51 of 19 March 2010 published in MONITORUL OFFICIAL no. 188 188 of 24 March 2010. d) postponement of promotion to the degree, for a period of one to 2 years; ... e) disciplinary dissolution of the contract. ... + Article 29 (1) The decision on the application of disciplinary sanctions shall be taken no later than 30 calendar days from the taking to the attention of the commission of deviations. ... (2) The disciplinary sanctions shall be executed no later than 30 calendar days after the communication of the decision referred to in par. ((1). ... (3) The disciplinary infringements shall be sanctioned only if they have become aware of them within 6 months of the commission. ... + Article 30 (1) Under the sanction of absolute nullity, no measure of those provided in art. 28, except for the warning, may not be ordered before the conduct of prior research by the commissions, the organization and operation of which shall be established by order of the Minister of Defense. ... (2) Deviations from military discipline for which professional soldiers and graders can be disciplined are established by order of the Minister of Defense. ... --------- Alin. ((2) of art. 30 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 30 ^ 1 Young people who opt for career as a soldier and professional graduated carry out medical examination, free of charge, within hospitals and medical centers of diagnosis and outpatient treatment of institutions with attributions in the field of defense, order public and national security, the expenses being borne by these institutions, according to the orders of their leaders. --------- Article 30 ^ 1 was amended by par. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Chapter III Selection, training and admission in the body of professional soldiers and graders ---------- Head title. III was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 31 (1) Romanian citizens, men and women, who have been selected, based on their request, to become professional soldiers, depending on the skills, can follow a training program structured on two modules: ... a) the module of individual training; ... b) the module of perfecting specialized training. ... (2) Romanian citizens who, until the date of entry into force of this law, have fulfilled the military service as military in term or military with reduced term, have an activity of at least one year in the rank of soldier or professional graduated or soldier and graduated professional reservist, were students or students, at least one year, in educational institutions in the defense and national security system, except for students of high schools and military colleges, as well as those who own, in quality of reservists, degrees superior to those provided in art. 3 3 para. (1) and have been selected, on the basis of their request, for the classification as soldiers and professional graders follow within the training program only the module of improvement of specialized training. ... (3) The provisions of par. (2) also benefits the military in term and the low-term military, incorporated in the February and June 2006 series. ... (4) Planning, organization, conduct, as well as the duration of the training of the professional military provided in par. (1) are established by order of the Minister of Defense. ... (5) During the period of the training program provided in par. ((1) lit. a), Romanian citizens have the quality of professional soldier and receive free food, equipment and maintenance materials. during this period the benefit of a monthly allowance equal to 50% of the function solda and the grade solda of a professional soldier. ... (6) At the end of the training module provided in par. ((1) lit. a), professional soldiers take the military oath provided by law. ... ---------- Article 31 has been amended by paragraph 1. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 32 (1) Romanian citizens who are to become professional soldiers under the conditions provided in art. 31, depending on the skills, may sign commitments or contracts with the Ministry of Defense, as follows: ... ---------- The introductory part of para. ((1) of art. 32 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. a) to the selection, a commitment to carry out the module of individual training, except for those provided in art. 31 31 para. ((2) and (3); ... b) at the beginning of the module of perfecting the specialized training, a contract for its performance; ... c) after the completion of the modules provided in 31 31 para. ((1) lit. a) and b), a first contract, lasting 4 years. ... (2) The form and content-type of the commitment and contracts provided in par. (1) are established by order of the Minister of Defense. ... ((3) In case of interruption before the deadline of the commitment and contracts provided in par. (1), soldiers and professional graders are obliged to return to the Ministry of Defense the amount of expenses incurred during the training program, calculated under the law applicable to military personnel in activity. ... ---------- Alin. ((3) of art. 32 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (4) The provisions of par. ((3) shall apply if the soldiers or professional graders interrupt their commitment or contracts. ... ---------- Alin. ((4) of art. 32 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (5) Provisions of para. ((3) shall not apply where professional soldiers or graders are interrupted their commitment or contracts for reasons not attributable to them. ... ---------- Alin. ((5) of art. 32 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 33 (1) Romanian citizens referred to in art. 31 which, during the training program, gives up the career as a soldier or professional graduated and leaves the military institution bears the value of the expenses related to the training period. ... ---------- Alin. ((1) of art. 33 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) The methodology for determining the expenses provided in par. (1) is established by order of the Minister of Defence. ... + Article 34 At the beginning of the module of perfecting specialized training, the Romanian citizens referred to art. 31 31 para. (1)-(3), declared promoted, are appointed to appropriate positions of professional soldiers. ---------- Article 34 has been amended by paragraph 1. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Chapter IV Career and transition of soldiers and professional graders ----------- Head title. IV was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 35 (1) Upon the expiry of the first 4-year contract, the soldiers and professional gradations referred to in art. 34 may conclude, successively, new contracts, lasting from 2 to 3 years each. ... ----------- Alin. ((1) of art. 35 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) The maximum age limit until which professional soldiers or graders can be kept in business is established by order of the Minister of National Defence, but cannot exceed 55 years. ... ---------- Alin. ((2) of art. 35 35 has been amended by art. unique from LAW no. 82 82 of 17 April 2015 published in MONITORUL OFFICIAL no. 264 264 of 21 April 2015. + Article 36 In order to conclude the contracts provided for in 32 and 35, the defense minister delegates the competence of the commanders and heads of the employing military units. + Article 37 (1) The contract may be modified only with the agreement of the parties, with the exceptions provided by this law. ... ((2) The modification of the contract may consist in the modification of its duration, place and manner of work, working conditions, monthly balance, working time and rest. ... + Article 38 The form and content-type of the contract concluded after the expiry of the first 4-year contract are established by order of the Minister of + Article 39 (1) Detachment of soldiers and professional graders is made under the conditions approved by order of the Minister of Defense. ... ---------- Alin. ((1) of art. 39 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) The duration of the posting is a maximum of 6 months in a calendar year and may be extended, with the written consent of the structures involved, for another 6 months. ... ((3) The soldiers and professional gradations sent on a permanent mission abroad shall conclude new contracts for appointment for a period equal to the term of office of the post. ... ---------- Alin. ((3) of art. 39 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (4) The contract provided in par. (3) is signed, as a delegate of the Ministry of Defense, by the head of a directorate in the General Staff, which is established by order of the Minister of Defense. ... (5) 6 months before the end of the permanent mission abroad, the soldiers and professional graders express, by report, the option to resume the activity in units of the Ministry of Defense. ... ---------- Alin. ((5) of art. 39 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (6) Occupation of a post in another military unit by the soldiers and professional gradations provided in par. (5) is made under the conditions provided in art. 35 35 para. ((1). ... ---------- Alin. ((6) of art. 39 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 40 (1) Professional soldiers and graders may be moved, in the interest of the service or on request, from one military unit to another, under the same conditions as the sub-officers in activity. ... ---------- Alin. ((1) of art. 40 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) The amount of the indemnity to which the professional or graduated professional moved in the interest of the service is the one provided by law for the subofficers in activity. ... ---------- Alin. ((2) of art. 40 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. --------- Alin. ((3) of art. 40 40 has been repealed by section 6.6. 14 14 of art. I of LAW no. 51 51 of 19 March 2010 published in MONITORUL OFFICIAL no. 188 188 of 24 March 2010. + Article 41 (1) The promotion in the rank of soldiers and professional leaders who meet all the conditions established by order of the Minister of Defense shall be made by order of the commanders who have competence in this regard. ... --------- Alin. ((1) of art. 41 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) The general promotion criteria are: ... a) proven performance during the performance of functional tasks, results from the assessment documents; ... b) the minimum internship in grade; ... c) the level of preparation. ... (3) In time of peace, the minimum period for the advance to the following degree of the soldiers and professional graders in activity shall be established as follows: ... --------- The introductory part of para. ((3) of art. 41 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. a) soldier: one year; ... b) foreman: 2 years. ... (4) Soldiers and professional graders in activity, who are distinguished by the way of carrying out duties, professional training and dignified behavior, participation in missions outside the territory of the Romanian state or in military activities on the territory of the country, by exception to the provisions of ((3) and art. 3 3 para. (2), may be put forward in one of the ranks of the leading, corporal class III, class II or first class, exceptionally, within the limit of the number approved by the Minister of National Defence, without being conditioned by other criteria. ... ---------- Alin. ((4) of art. 41 41 has been introduced by section 6 6 of art. I of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 49 of 20 January 2012. + Article 42 The appointment of soldiers and professional graders to higher positions can be done only if they meet the conditions to be promoted to the degree, with the appointment to positions. ---------- Article 42 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 43 (1) The service appreciation of professional soldiers and graders shall be carried out annually, in accordance with the provisions of the order of the Minister of Defense, which also includes the evaluation criteria ... (2) The service appreciation is the basic document for selection, promotion in the degree and career evolution of soldiers and professional graders. ... ---------- Article 43 was amended by par. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 44 The passage of soldiers and professional graders from a weapon or specialty to another can be carried out, in relation to the needs of the Ministry of Defense, after obtaining a proper military specialty, under the conditions established by order of Defense Minister --------- Article 44 was amended by par. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 45 (1) Professional soldiers and graders shall cease their contract and shall be placed in reserve or removed from military records, as the case may be, in the following situations: ... --------- The introductory part of para. ((1) of art. 45 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. a) at the end of the age limit in service, established by order of the Minister of Defence; ... b) at the expiry of the term of the contract, if there are no possibilities for renewal due to the reduction of functions as a result of the abolition, restructuring or dislocation of the unit; ... c) when they are ranked "unfit for military service" by the medical-military expertise commissions; ... d) when they are ranked "apt limited" by the commissions provided in lett. c); ... e) for reasons or needs of the Ministry of Defense; ... f) before the expiry date of the contract, with the agreement of both parties; ... g) at the expiry of the term of the contract, if one of the parties no longer opts to renew the contract ... h) when they no longer meet the specific criteria, established by order of the Minister of Defence, for the position of ... i) by resignation; ... j) following the application of the disciplinary sanction provided for in art. 28 lit. e), when committing serious deviations from the provisions of the military regulations or other legal provisions; ... k) when they are sentenced by final court decision to the prison sentence with its execution; ... ------------ Lit. k) a par. ((1) of art. 45 45 has been amended by section 4.2 1 1 of art. 186 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. l) repealed; ... ------------ Lit. l) a par. ((1) of art. 45 45 has been repealed by section 6.6. 2 2 of art. 186 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. m) on the date of the reasoned withdrawal of the security opinion specific to the class or the level of secrecy of the information to which the competent authorities are to have access; ... n) in case of death. ... ((1 ^ 1) Soldiers and volunteer graders may be placed in reserve or removed from military records, as the case may be, in case of final conviction to prison sentence, without its execution. ----------- Alin. ((1 ^ 1) of art. 45 45 has been introduced by section 3 3 of art. 186 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. (2) Retired passage or removal from military records shall be made ex officio in the situations provided in par. ((1) lit. a)-c), g), k), m) and n), and in the other situations, on the proposal of the commanders or direct heads, submitted hierarchically. ... ----------- Alin. ((2) of art. 45 45 has been amended by section 7 7 of art. I of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 49 of 20 January 2012. (3) The replacement of professional soldiers and graders shall be communicated to them and in writing by a reference of the recommended correspondence. ... ----------- Alin. ((3) of art. 45 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 46 During the state of emergency, the curfew, the mobilization and the state of war, as well as during the preparation and execution of missions outside the territory of the national state, soldiers and professional gradations cannot be placed in reserve or removed from the military record as a result of the resignation. ------------ Article 46 was amended by par. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 47 (1) The soldiers and professional graders on whom the prosecution was ordered to start or who are being tried in a criminal trial, in a state of freedom, are made available. ... (2) The soldiers and professional graders made available shall perform the duties established by the commanders of the units to which they belong and benefit from money rights, under conditions similar to the regulations for military personnel in activity, located the same situation. ... ------------ Article 47 was amended by par. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 48 (1) The soldiers and professional gradations on which the prosecution was ordered to start or are pending in a criminal trial, if they are in custody, shall be suspended from office. ... (2) Soldiers and professional gradations suspended from office do not benefit from any rights from the Ministry of Defense. ... (3) Soldiers and professional gradations convicted by final court decision, who have previously been suspended from office, are placed in reserve or are removed from military records as of the date of suspension. ... (4) The prosecutor's offices or courts that have the commencement of criminal proceedings, namely the trial of professional soldiers and graders, are required to immediately notify the Ministry of Defense. ... ----------- Article 48 was amended by par. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 49 (1) If the removal from prosecution or payment has been ordered, professional soldiers and graders are reinstated in all their rights at the time of suspension from office, respectively of making available. The rights shall be calculated against the elements of the monthly balance in force on that date. ... ---------- Alin. ((1) of art. 49 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) In case of termination of criminal prosecution or criminal proceedings it may be ordered to reinstate or pass in reserve or removal from military records by the commanders established by order of the Minister of Defense, on the proposal of the commission provided in art. 30 30 para. ((1). ... + Article 50 (1) Professional soldiers and graders may not be placed in reserve or removed from military records for the reasons provided in art. 45 45 para. ((1) lit. e) during the period in which he is in temporary incapacity to work established by the acts provided by law, during quarantine or during the performance of the holiday. ... ---------- Alin. ((1) of art. 50 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) Female soldiers and professional graders may not be placed in reserve during the maternity leave or at the maternal risk leave. ... ---------- Alin. ((2) of art. 50 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (3) Soldiers and professional graders may not be placed in reserve during parental leave up to 2 years of age or, in the case of the disabled child, until reaching the age of 3 years or during the period of leave for the care of the sick child aged up to 7 years or, in the case of the disabled child, for intercurrent conditions, until reaching the age of 18. ... ----------- Alin. ((3) of art. 50 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (4) The provisions of par. ((1)-(3) shall apply only until the expiry of the duration for which the contract has been concluded. ... (5) If, according to the legislation applicable to budget staff, contracts may be suspended, it is permissible to replace the professional soldiers or graders concerned by concluding a fixed-term contract until the return to Position of the holder. ... ---------- Alin. ((5) of art. 50 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Chapter V Repealed. ----------- Chapter V, comprising art. 51-67 was repealed by par. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 51 Repealed. ----------- Article 51 was repealed by paragraph 1. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 52 Repealed. ----------- Article 52 was repealed by paragraph 1. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 53 Repealed. ----------- Article 53 was repealed by paragraph 1. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 54 Repealed. ----------- Article 54 was repealed by paragraph 1. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 55 Repealed. ----------- Article 55 was repealed by par. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 56 Repealed. ----------- Article 56 was repealed by paragraph 1. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 57 Repealed. ----------- Article 57 was repealed by par. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 58 Repealed. ----------- Article 58 was repealed by par. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 59 Repealed. ----------- Article 59 was repealed by par. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 60 Repealed. ----------- Article 60 was repealed by par. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 61 Repealed. ----------- Article 61 was repealed by par. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 62 Repealed. ----------- Article 62 was repealed by par. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 63 Repealed. ----------- Article 63 was repealed by par. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 64 Repealed. ----------- Article 64 was repealed by par. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 65 Repealed. ----------- Article 65 was repealed by par. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 66 Repealed. ----------- Article 66 was repealed by par. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Article 67 Repealed. ----------- Article 67 was repealed by par. ((2) art. 36 of LAW no. 270 270 of 10 November 2015 , published in MONITORUL OFFICIAL no. 846 846 of 13 November 2015. + Chapter VI Final provisions + Article 68 The quality of soldier and professional graduated is proved by the document of legitimation, established by order of the Minister of Defense. ----------- Art. 68 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 69 (1) As of the date of entry into force of this law, the military in term and with reduced term in activity may hold only the rank of soldier. ... ((2) Contracts concluded pursuant to art. 37 37 of Law no. 46/1996 on the preparation of the population for defense, with subsequent amendments and completions, prior to the entry into force of this law, remain valid insofar as they do not contravene its provisions ... (3) Contracts in progress on the date of entry into force of this law, concluded with the military employees on the basis of contract, who have reached the maximum age provided in art. 35 35 para. (2), may be maintained, depending on the needs of the Ministry of Defense, until their completion. ... (4) Military employees on the basis of contract from institutions with attributions in the field of defense and national security, which, on the date of entry into force of this law, have the rank of sergeant, may be passed into the body of the sub-officers, depending on graduate studies, seniority, positions of available non-commissioned officers and the results obtained from the contest supported in this regard. Sergeants who do not opt for the passage into the body of the sub-officers or are not declared admitted following the participation in the competitions organized in this regard will be passed in the body of soldiers and professional graders with the rank of corporal. ... ----------- Alin. ((4) of art. 69 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 70 (1) The provisions of this Law shall also be applied accordingly to the professional graders and soldiers of the national defence and security institutions who, according to the law, have in their own structures this category of military personnel. ... ----------- Alin. ((1) of art. 70 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. (2) The obligations of the Ministry of Defense and the powers of the Minister of Defense, established by this law, are fulfilled or exercised, as the case may be, by the institutions ((1), respectively by their leaders, and those of the head of the General Staff, by their rightful replacements. ... + Article 71 (1) Expressions "military employees on a contract basis," within the Ministry of Defense, "gendarmes hired by contract," "soldiers and professional graders" and "border guard employed with contract", provided by the legislation in force, are replaced with the expression "soldiers and volunteer graders." *) ... (2) For the purposes of this law, the family of soldiers and professional graders includes their spouse, children and parents in their legal maintenance. ... ---------- Alin. ((2) of art. 71 was amended by para. ((3) art. II of LAW no. 23 23 of 17 January 2012 , published in MONITORUL OFFICIAL no. 49 of 20 January 2012, by replacing some terms. + Article 72 Within 60 days of the publication of this law, the Ministry of Defense will present proposals to the competent authorities, in order to adopt the normative acts for its application and execution. + Article 73 This law shall enter into force 60 days from the date of publication in the Official Gazette of Romania, Part I. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, October 10, 2006. No. 384. ---------
