Advanced Search

Law No. 355 Of 20 November 2009 On The State Of Partial Or Total Mobilization Of The Armed Forces And The State Of War

Original Language Title:  LEGE nr. 355 din 20 noiembrie 2009 privind regimul stării de mobilizare parţială sau totală a forţelor armate şi al stării de război

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 355 355 of 20 November 2009 on the regime of the state of partial or total mobilization of the armed forces and the state of
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 805 805 of 25 November 2009



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 The state of mobilization represents the totality of extraordinary measures that can be established, mainly, in the political, economic, social, administrative, diplomatic, legal and military fields, planned and prepared in peacetime, as well as actions carried out for their application, according to the law, to the emergence or imminent of a serious threat that can affect the sovereignty, independence and unity of the state, the territorial integrity of the country + Article 2 The state of war represents the totality of extraordinary measures that can be established, mainly, in the political, economic, social, administrative, diplomatic, legal and military fields, in order to exercise the inherent right of the state to self-defense individual or collective. + Article 3 (1) Mobilisation may be partial or total. (2) The partial mobilization consists in the successive and limited application of the measures and actions provided for in art. 1, in one or more administrative-territorial units, as well as for certain elements of the forces intended for defence. The economy can be fully mobilized, in the administrative-territorial units where this state was declared. At national level, economic operators and public institutions in the fields of activity necessary to support the defense effort can be mobilized. (3) The total mobilization consists in the application of the measures and actions provided in art. 1 1 across the entire state. + Article 4 During the state of partial or total mobilization or the state of war can be ordered, in compliance with the provisions of the Romanian Constitution, republished, measures to restrict the exercise of fundamental rights or freedoms. + Chapter II Declaring the state of partial or total mobilization and the state of war, as well as their termination + Article 5 Partial or total mobilization and state of war are declared according to the provisions of the Romanian Constitution, republished + Article 6 The Parliament declares, by decision, in the joint meeting, the partial, total mobilization, demobilization or, exclusively, the state of war. The Parliament approves or rejects, before or after the issuance, as the case may be, the decree of the President of Romania declaring the partial or total mobilization or demobilization. + Article 7 The President of Romania may declare, with the prior approval of the Parliament, by decree, countersigned by the Prime Minister, the mobilization or demobilization, as the case may be, of the forces intended for defense. Only in exceptional cases, the decision of the President shall be subject to Parliament's approval no later than 5 days after its adoption. + Article 8 (1) The Parliament's decision on declaring the state of mobilization or the state of war or the decree of the President of Romania on declaring the state of mobilization shall be published immediately in the Official Gazette of Romania, Part I, and includes, as the case a) the reasons for declaring the mobilization or the state of war; b) type of mobilisation; c) the unit or administrative-territorial units in which the mobilization is declared, the elements of the forces for defense, as well as, at national level, the economic operators and public institutions in the fields of activity necessary for the defence effort; d) the first emergency measures to be taken, as well as the nomination of documents that include the activity of economic operators and public institutions that mobilize and are to be implemented; e) fundamental rights and freedoms whose exercise is restricted, according to constitutional provisions, during mobilization or state of war; f) the military and civil authorities designated for the execution of the provisions of the Parliament or the decree of the President of Romania and their powers, including those transferred from other authorities; g) other provisions, if deemed necessary. (2) Parliament's decision or decree of the President of Romania, provided in par. (1), shall be transmitted immediately to the Government and to the other public authorities with attributions in the field of national defence and security, which shall be responsible for the implementation of its provisions. + Article 9 The Parliament's decision on declaring the state of mobilization or the state of war, as well as the decree of the President of Romania on declaring the state of mobilization are transmitted, for informing the population, immediately and correctly, by all the means of mass communication. + Article 10 Art. 8 and 9 shall also apply accordingly to the Parliament's decision on the termination of the state of mobilization or the state of war, as well as the decree of the President of Romania on the declaration of termination of the + Chapter III Organization and functioning of the national mobilization system + Article 11 The national mobilization system includes management and execution structures, with the resources, infrastructure and related relations, which have powers, according to the provisions of this law and other normative acts, in the field of mobilization. + Article 12 The leadership of the national mobilization system is an exclusive attribute of the constitutional authorities of the state, namely the Parliament, the President of Romania, the Supreme Council of Defense of the Country, the Government and other public authorities the field of defence and national security, according to the attributions + Article 13 During the state of mobilization or the state of war, the President of Romania informs the Parliament about the measures taken as commander of the armed forces. + Article 14 The Ministry of National Defence coordinates the planning and evaluation of the training preparation for the mobilization of the defence forces and monitors the execution of these activities, through the General Staff and the specific structures institutions/public authorities with attributions in the field of national defence and security, fulfilling the following tasks for this purpose: a) analyze the defense needs and propose to the Supreme Council of Defense of the Country the measures on the organization and endowment of forces for the defense and preparation of b) submit proposals to the Supreme Council of Defense of the Country to declare the mobilization and demobilization of the defense forces; c) plan, organize and carry out in peacetime the preparation for mobilization of forces for defense, population, persons from the management of central and local public authorities, as well as economic operators and institutions public, with tasks to mobilize and war, in order to fulfill their duties for the defense of the country; d) assess in peacetime, in cooperation with the Central State Office for Special Issues, the activity of economic operators and public institutions with tasks and duties to ensure the Romanian Army, hereinafter referred to as the army, with material resources to mobilization and war; e) monitor the activity of the militarized economic operators for the satisfaction of f) ensure the generation and regeneration of army forces, according to normative acts in the field. + Article 15 (1) The management of the mobilization of the defense forces shall be the attribute of each institution with attributions in the field, for subordinate or (2) The management of the army forces shall be the attribute of the Chief of General Staff and shall be carried out at the strategic level of the General Staff, through the Central Group for the management of the mobilization. + Article 16 The Central State Office for Special Issues ensures the implementation of the National Economy Mobilization Plan for the defense and the system of priorities and allocation of resources for defense, under the law. + Article 17 During the state of mobilization or the state of war, at the level of execution, the national mobilization system consists of forces for defense, public authorities, deconcentrated public services and community services, public institutions and economic operators whose activity is directly related to the provision of resources necessary to mobilize and carry the war, as well as from the resources, infrastructure and related relations. + Article 18 Elements of the national mobilization system, at the level of execution, provided in art. 17, are responsible for the execution of measures and the performance of actions on the state of mobilization or state of war, each in its field of activity, according to If necessary, they shall constitute specific structures, of their own apparatus and/or of subordinate units, in coordination or under authority, for the organisation, coordination and execution of their tasks. + Article 19 (1) In the exercise of their duties according to the law, the following military authorities may issue, throughout the period of mobilization or state of war, military ordinances, which are mandatory, according to the law, as follows: a) the Minister of National Defence and the Chief of General Staff, throughout the country; b) military commanders from counties, appointed by the Supreme Council of Defense of the Country, for the respective counties; c) the garrison commanders, for the respective garrison. (2) The military ordinance includes: a) title and number; b) the issuing authority; c) the legal basis of the issuance; d) the period of application; e) the special rules and measures available in the area of its application, as well as the penalties applicable to their non-compliance; f) the authority empowered to ensure the application and compliance with its provisions; g) how to bring to the attention of the population; h) date, stamp and signature of the issuing authority. (3) During the state of war, the military authorities provided in par. ((1) may order the special measures in accordance with the tasks and responsibilities provided for in art. 20 of Government Emergency Ordinance no. 1/1999 on the curfew regime and the state of emergency regime, approved with amendments and additions by Law no. 453/2004 . In addition, they can also provide measures and establish means for: a) prohibition of resignation, for persons with tasks for mobilization and war; b) prohibition of access to areas or objectives with high risk from the point of view of the safety of persons, in which military actions take place; c) the obligation to shelter the population in permanent or temporary works; d) temporary suspension of permits to purchase the weapon and/or gun permits, as well as the suspension of the release of these documents; e) a temporary ban on the use of air navigation and navigation equipment; f) prohibition of lighting and compliance with camouflage rules. (4) The military authorities referred to in par. (1) are obliged to take all measures to minimise vulnerabilities on personnel, facilities and materials necessary for military activities towards threats and risks. + Article 20 (1) When declaring the state of mobilization or the state of war, some powers of the central specialized public administration authorities and local public administration authorities may pass into the competence of the military authorities, as they have was provided in the Parliament's decision or in the decree of the President of Romania on declaring the state of mobilization or state of war (2) The civil authorities of the public administration shall continue the exercise of their duties that have not been transferred to the authorities ((1) and have the obligation to carry out the provisions of the military ordinances. + Article 21 During the state of mobilization or the state of war, the civil authorities of the public administration have powers regarding: a) ensuring the fulfilment of the established measures and compliance with the rules, each in its field of activity; b) making available to the competent authorities the record of employees with military obligations to mobilization and war; c) ensuring fulfilment by economic operators, public institutions and individuals of provisions and measures on the preparation of the economy, territory and population for defence; d) ensuring the fulfilment of measures for the performance of supplies of goods and services in the public interest; e) to ensure the repair, according to the existing plans, of the resources of raw materials, industrial products, food goods, energy, transport, public works and communications; f) ensuring the implementation of the measures established for the rationalisation of consumptions. + Article 22 The leaders of the public authorities who have powers to mobilize and war have the obligation to implement the mobilization documents, as well as the orders and instructions on how to act their own structures and those in their sphere of activity, according to legal regulations, during the state of mobilization or state of war. + Chapter IV Ensuring and using human, material and financial resources during the state of mobilization and the state of war + Article 23 (1) Human, material and financial resources shall be used during the state of mobilization or the state of war. (2) Human resources come from among military personnel in activity, police officers, soldiers and volunteer graders, students and students from military educational institutions who graduated from the first year, except those from colleges. high school military, among reservists, civil personnel from public authorities who have powers to mobilize and war, as well as among Romanian citizens who have military obligations or who can be called to execute public interest services, according to the law. (3) In order to ensure human resources during the state of mobilization or the state of war shall be constituted and trained, in peacetime, the mobilization reserve, comprising the operational reserve and the general reserve, as regulated in Law no. 446/2006 on preparing the defence population. Reservists included in the mobilization reserve participate in mobilization exercises and training, at the request of institutions with powers in the field of national defense and security. (4) The resources necessary to mobilize the defence forces shall be composed of: a) own reserves; b) defense capabilities, according to the law; c) mobilization reserves, according to the law; d) current production of economic operators; e) imports; f) other resources provided by law. (5) Own reserves, provided in par. ((4) lit. a), shall be constituted by each institution with attributions in the field of national defense and security, according to the specific normative acts, organization states and norms of endowment to war, and include military and material technique, in majority, hard-to-supply or long-cycle manufacturing products, which shall be ensured from domestic or imported production. ((6) The establishment of own reserves by national defence and security institutions shall be established on the basis of multiannual programmes and financial resources allocated in this respect through annual budgets. + Article 24 During the state of mobilization and the state of war, the completion of the forces intended for defense according to the organization states for war, their training, as well as the use of material resources for endowment according to the norms for war, until the level of operationalization necessary to carry out the specific missions received. + Article 25 The material resources and services necessary to support the defense effort shall be provided by public institutions and economic operators, on the basis of state orders, issued by the institutions that administer funds included in the state budget for war, under the law, after the implementation of the National Defense Economy Mobilization Plan. Purchases can be made through a derogatory regime from the legal provisions in force, approved by the Supreme Council of Defense of the Country. + Article 26 (1) The call of reservists to mobilization exercises and training, to mobilization or to war is made on the basis of call orders, prepared according to the model established by Government decision, with the settlement of transport expenses. The settlement of transport expenses is carried out on the basis of coupons of the call order, by the institutions with attributions in the field of national defence and security, according to the procedure established by order of their leaders. (2) During the state of mobilization or the state of war, persons with military obligations from the general reserve may be called for the completion of the forces intended for defense or for the provision of services in the public interest, according to the law, except those mobilized at work. (3) Persons without military obligations may be called only for services in the public interest, according to the law. (. The personnel of the militarized economic operators shall be subject to the control regime and military discipline (5) The personnel of specialized security companies serving security and protection to objectives classified by special importance for mobilization and war shall be mobilized at work and shall be integrated, from a operative point of view, into the security guard system. of the Romanian Gendarmerie. + Article 27 (1) The planning, preparation and execution of activities during the state of mobilization and the state of war are regulated by order of the heads of the institutions with attributions to mobilization and war. (2) During the state of mobilization and the state of war the unitary coordination of these activities is carried out by the Supreme Council of Defense of the Country. + Article 28 During the state of mobilization and the state of war, the military centers have the following duties: a) requests the structures of the Ministry of Administration and Interior and economic operators to implement the measures provided by the mobilization documents transmitted in peacetime; b) cooperate with the defence forces to restore operational capacity; c) coordinates, directs and verifies the activity carried out on the military record line of the incorporated citizens and reservists, according to the law; d) collaborate with the structures of the Ministry of Administration and Interior for the announcement and sending of incorporable citizens to recruitment-incorporation and reservists to the units in the composition of institutions with powers in the field of defense national security; e) collaborate with the territorial structures of the Central State Office for Special Issues for the announcement and presentation of citizens provided to be mobilized at work and those called for services in the public interest; f) cooperate with the military units for the implementation of the garrison mobilization plan; g) contribute to the implementation of the family assistance plan and to the resolution of the social problems of the mobilized staff; h) ensures, according to the law, the payment of legal aid for the families of deceased + Article 29 (1) The financing of expenses related to the state of mobilization and the state of war shall be ensured from the state budget for war, elaborated and approved under the law. (2) The execution of the state budget for the war is approved by the Parliament, based on the proposals of the Supreme Council of National Defence. (3) The President of Romania may decide to implement the execution of the state budget for war only in exceptional cases, including armed aggression against the country, according to constitutional provisions. (4) The expenses are financed through the State Treasury, within the limits of the approved budgets. + Article 30 (1) The execution of the house of budgets and the operations of receipts and payments in lei of the structures of the national defense and security system shall be carried out through the territorial units of the State Treasury. (2) The operations of receipts and payments in foreign currency shall be carried out through credit institutions or through State Treasury units, as the case may be. + Article 31 Settlements between military units and other legal or natural persons shall be made with or without cash, by using existing forms and settlement instruments, for those operations, in peacetime. + Article 32 The natural and legal persons who supported the war effort of the country will be supported as a priority by the structures of the central and local public administration authorities to regain the requisitioned goods or to grant compensation, as well as for reintegration into society. + Chapter V Measures on the family assistance of military personnel and civilian personnel, during the state of mobilization and the state of war + Article 33 Family assistance during the state of mobilization and the state of war is organized and carried out on the basis of the family support plan developed, in peacetime, by the commanders of the military structures. + Article 34 The coordination of family support activity is carried out at central and local level, according to the internal norms of the institutions in the national defense and security system. + Article 35 Family support activity includes social assistance and family counseling services. + Article 36 Public administration authorities are providing support for resolving family problems of military and civilian personnel with military obligations. + Chapter VI Demobilization + Article 37 Demobilization represents the renunciation of measures and activities carried out in order to mobilize, as a result of the cessation of the action of the factors that generated the mobilization and non-existence of other factors partial or total. + Article 38 Demobilization is declared by the public authorities empowered by the Romanian Constitution, republished, to declare the state of mobilization, at the proposal of the Supreme Council of Defense of the Country. + Article 39 ((1) Demobilization may be partial or total. (2) Partial demoission can be executed in certain administrative-territorial units, within economic operators and public institutions in the fields of activity that supported the defense effort, as well as in some elements of Defense forces. (3) Total demobilization is executed in all fields of activity, throughout the territory of the state. + Article 40 Demobilization includes: a) the passage of the defence forces to the classification according to the provisions for peace of the organization states and the norms of endowment; b) issuance of demobilization orders of reservists; c) replenishing the material reserves used in mobilization and war d) demilitarization of economic operators; e) the cessation of measures to restrict the exercise of fundamental rights or freedoms; f) conduct of administrative-financial activities for the settlement of the situation of requisitioned goods, g) restoring the operational capacity of the defence forces. + Article 41 Central and local public administration authorities support the organization and deployment of demobilization. + Chapter VII Sanctions + Article 42 (1) The refusal of legal persons called to provide services in the public interest during the state of partial or total mobilization and the state of war constitutes a crime and is punishable by imprisonment from 6 months to 2 years. (2) The criminal action shall be set in motion only upon referral to the commander of the military center + Article 43 (1) The following facts constitute contraventions: a) the manifestly improper and bad-faith fulfillment of the provision of services in the public interest, during the state of partial or total mobilization or the state of war; b) the refusal of specialized economic operators to transmit to the population, immediately and correctly, according to the provisions of art. 9, Parliament's decision on declaring the state of mobilization or state of war or the decree of the President of Romania on declaring the state of mobilization; c) failure to fulfill, in bad faith, the measures ordered by the military authorities provided in art. 19 19 para. (1), to the extent that it does not constitute a crime. (2) Contraventions provided in par. (1) is sanctioned with a fine of 500 lei to 10,000 lei, for individuals, respectively with a fine of 10,000 lei per 100,000 lei, for legal entities. (3) Finding the contraventions provided in par. (1) and the application of sanctions shall be made by persons empowered by the Minister of National Defence or, as the case may be, by the heads of public institutions responsible for mobilization and war (4) Contraventions provided in par. (1) their provisions are applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter VIII Final provisions + Article 44 National defence and security institutions grant money, food, equipment and medical insurance rights due to personnel during the state of mobilization and the state of war, according to the law. + Article 45 (1) The present law shall enter into force 90 days from the date of publication in the Official Gazette of Romania, Part I. (2) The Ministry of Public Finance, in collaboration with the national defence and security institutions, shall develop, within 90 days from the date of entry into force of this Law, the rules on financing during the state of the of mobilization and of the state of war, which is approved by Government decision, with the opinion of the Supreme Council of Defense of the Country. + Article 46 In application of the provisions of this law, the heads of the institutions responsible for national defence and security may issue orders and provisions. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (1) of the Romanian Constitution, republished . CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, November 20, 2009. No. 355. __________