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Law No. 128 Of 12 July 2012 For The Modification And Completion Of The Law #. 446/2006 On Preparing The Population For Defense

Original Language Title:  LEGE nr. 128 din 12 iulie 2012 pentru modificarea şi completarea Legii nr. 446/2006 privind pregătirea populaţiei pentru apărare

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LEGE no. 128 128 of 12 July 2012 to amend and supplement Law no. 446/2006 on the preparation of the defence
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 491 491 of 18 July 2012



The Romanian Parliament adopts this law + Article UNIC Law no. 446/2006 on the preparation of the defence population, published in the Official Gazette of Romania, Part I, no. 990 of 12 December 2006, shall be amended and supplemented as follows: 1. In Article 2, paragraph 1 shall be amended and shall read as follows: "" Art. 2. --(1) The preparation of Romanian citizens for defense represents the totality of measures and actions taken in order to ensure the human resources necessary for the armed forces and the other forces provided by the public defense institutions, order public and national security, according to the law, hereinafter referred to as institutions with attributions in the field of national defence and security, and shall include the recruitment, selection, preparation and framing of them in the establishments 2. Article 3 (2) (b) shall be repealed. 3. In Article 3, paragraph 5 shall be amended and shall read as follows: " (5) When declaring mobilization and the state of war or the establishment of a curfew, the performance of military service as a military term becomes mandatory for men between the ages of 20 and 35, who meet criteria to perform military service. " 4. In Article 3, after paragraph 5, a new paragraph (5 ^ 1) is inserted, with the following contents: "" (5 ^ 1) When declaring the mobilization and the state of war or the establishment of the curfew, the reservists are mobilized/focused according to the needs of the institutions with powers in the field of national defense and security. " 5. In Article 3, paragraph 6 is amended and shall read as follows: " (6) The period of time in which a person performs the active or alternative military service or is concentrated or mobilized constitutes seniority in service or seniority, as the case may be, as well as the contribution period to the public insurance system social. Students of high schools and military colleges are exempted from the provisions of this paragraph. " 6. In Article 4, paragraph 2 shall be amended and shall read as follows: "" (2) Regulation of the alternative service shall be adopted by law. " 7. in Article 6, points a) and c) shall be amended and shall read as follows: " a) those ranked unfit for military service, with removal from the record, according to the medical barem; ....................................................................... c) persons sentenced to custodial sentences, during the execution of the sentence, as well as those remanded in custody or sent to trial until the date of final stay of the decision by which the criminal case was resolved. " 8. After Article 6 a new article is inserted, Article 6 ^ 1, with the following contents: "" Art. 6 6 ^ 1. -The medical scale for determining the ability of citizens to perform the military service is established by joint order of the heads of the institutions with powers in the field of national defence and security. " 9. In Article 7, paragraph 2 shall be amended and shall read as follows: " (2) Women may, on request, meet any of the forms of military service. Women in pregnancy interrupt, on request or on the recommendation of the doctor, the performance of the military service. " 10. in Article 8, after paragraph 1, two new paragraphs, paragraphs 2 and 3 shall be inserted, with the following contents: "" (2) Citizens who have dual/multiple citizenship meet the military service at the establishment of the curfew, the state of mobilization and the state of war according to the agreements concluded between Romania and the country/countries whose citizenship that person. (3) If there are no agreements concluded between Romania and the country/countries whose citizenship is still held by the persons referred to in par. (2), they meet the military service under the conditions provided in par. ((1). ' 11. In Article 12, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 12. -(1) The recruitment, selection and admission of candidates in the educational structure belonging to the institutions with attributions in the field of national defence and security shall be established by their own methodologies, approved by order of ministers/heads of these institutions, in compliance with national legislation. ........................................................................ (3) Young people who opt to attend the courses in an educational structure provided in par. (1) carry out free psychological and medical examination, at specialized units, established by the heads of institutions with attributions in the field of national defence and security 12. Article 15 is amended and shall read as follows: "" Art. 15. -(1) The mobilization reserve includes human resources that can be used for training and carrying out missions during the curfew, the state of mobilization or the state of war and consists of: a) operational reserve; b) the general reserve. (. The operational reserve shall include: a) volunteer reservists assigned to positions in the organization states of the units; b) reservists included in the mobilization plans of the units. ((3) The general reserve shall comprise citizens with military obligations not part of the operational reserve. " 13. in Article 16, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The reservists, at the request of the institutions with attributions in the field of national defense and security, may participate in a period determined at training or missions, based on their agreement, occupying functions in military structures. During this period, the reservists have the rights and obligations provided by law for the category of personnel corresponding to the temporary position occupied. " 14. Article 17 is amended and shall read as follows: "" Art. 17. -Reservists can be focused or mobilized, as the case may be, for training, carrying out missions and completing institutions with powers in the field of national defense and security or mobilized at work, according to the law. " 15. Article 18 is amended and shall read as follows: "" Art. 18. -(1) By concentration, for the purposes of this law, it is understood: a) the call of volunteer reservists for training and carrying out missions; b) the call of reservists from the mobilization reserve for training, the performance of missions and the completion of the institutions with attributions in the field of national defense and security during the (2) When declaring the mobilization or the state of war, the reservists from the operational reserve and the citizens referred to in art. 3 3 para. (5) incorporated shall be deemed to be mobilized and the military service shall be extended until the date of demobilization. (3) The military service as a military concentrate shall commence on the date of concentration and shall end at the date of devolution, and as a military mobilized shall commence on the date of mobilisation and shall end at the date of demobilization. " 16. In Article 19, paragraph 1 shall be amended and shall read as follows: "" Art. 19. -(1) In the situations provided in art. 18 18 para. ((3), the volunteer reservists shall present themselves to the units to which they are assigned, at the date and time provided for in the call order. " 17. In Article 23, paragraph 3 shall be amended and shall read as follows: "(3) The maximum age limit until which Romanian citizens, men, can perform military service as a military in the term is 35 years." 18. Article 25 (2) shall be repealed. 19. In Article 27, paragraphs 2 to 5 shall be amended and shall read as follows: " (2) The recruitment-incorporation represents the activity carried out by the military centers in order to take into account the military, selection and establishment of skills on the performance of military duties, distribution and sending of Romanian citizens, men, at military units, on the dates and according to the criteria established by joint order of the heads of the institutions with powers in the field of national defence and security, for the performance of the military service as military in term. ((3) In recruitment-incorporation or selection in educational structures in national defence and security institutions, each young person shall present the medical document certifying the personal pathological history and Hereafter, released under the signature and paraphernalia of the family doctor. Young people to be recruited-incorporated, in the situations provided by law, including those who do not possess the said document, are medically examined, free of charge, in specialist outpatient medical care units set by the directions of county public health and the city of Bucharest, in agreement with the military centers. The results of the examination are registered in the medical record; the funds necessary for these activities are allocated to the Ministry of Health by the Romanian Government from the state (4) The family doctor of the young man has the obligation that, upon presentation of him with the order of call or for selection in educational structures in the institutions with attributions in the field of national defence and security, to issue his document provided in par. ((3). (5) The form and content of the document issued by the family doctor, to be presented by the young man at the military center, in the situations provided in par. ((3), shall be established by joint order of the heads of the institutions with attributions in the field of national defence and security and the Minister 20. Article 27 (6), letter b) shall be amended and shall read as follows: " b) members: a delegate of the local council, a delegate of the territorial order and public safety structures of the Ministry of Administration and the Interior, a delegate of the public authority incorporating, if this is other than the Ministry National Defence, a psychologist and 2 doctors designated by the county public health department, respectively of the city of Bucharest; " 21. In Article 28 (1), point a) shall be amended and shall read as follows: " a) examine medically and psychologically test young people at recruitment and recruits at incorporation, establishing whether or not they are fit for military service, in accordance with the provisions of the medical barem; 22. In Article 29 (1), point b) shall be amended and shall read as follows: "b) members: a delegate of the county council, a delegate with leadership position at least" deputy chief inspector " of the territorial order and public safety structures of the Ministry of Administration and Interior, a psychologist and a doctor from the military center, a doctor designated by the county public health department, respectively of the city of Bucharest; " 23. In Article 34, letter a) is amended and shall read as follows: "a) conscripts found on incorporation sick of one of the diseases provided for in the medical scale;" 24. in Article 40, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) Embeddable citizens and reservists who change their domicile have the obligation to present themselves, within one month, for the taking into account, at the military centers within which they have established their new domicile." 25. In Article 41, paragraph 1 shall be amended and shall read as follows: "" Art. 41. -(1) Retired soldiers and gradations shall be kept in evidence until reaching the age of 55, as follows: a) Class I: up to and including 45 years; b) Class II: from 46 years to 50 years inclusive; c) Third grade: from 51 years to 55 years inclusive. " 26. In Article 43 (6), after letter c) a new letter, letter d) is inserted, with the following contents: "d) the county school inspectorates and the city of Bucharest." 27. Article 45 (1), point d) shall be amended and shall read as follows: "d) to draw up annually nominal tables with the records of Romanian citizens, men, who are to turn 18 in the following year and send them to the military center until November 1;" 28. in Article 46, points a) and d) shall be amended and shall read as follows: " a) keep records of the incorporated citizens and reservists referred to in art. 15 and communicate monthly to military centers the framing, transfers, termination of labor relations, as well as any other changes in their military record data; ........................................................................ d) to suspend, under the law, employment relationships or service relationships that involve the absence from work, as the case may be, of employees participating in the exercises and training exercises, are concentrati/mobilized, according to the law, or meet the military service under the conditions provided in 3 3 para. ((5) and (5 ^ 1). Employers are obliged to keep the job for the duration of their military duties. " 29. Article 48 is amended and shall read as follows: "" Art. 48. -(1) The public social assistance services of the county councils and the sectors of the city of Bucharest ensure the transmission to the military centers, annually, until November 1, of the nominal tables with citizens, persons with disabilities, having the age between 18 and 35 years, from the record, with the results of the examinations carried out by the medical expertise committees. (2) The Ministry of Education, Research, Youth and Sports ensures centralized, through the county school inspectorates and the city of Bucharest, the transmission by special schools, special vocational schools and reeducation centers to military centers, annually, until November 1, of the nominal tables with citizens aged between 18 and 35 who attended their courses, accompanied by the results of the examinations carried out by the medical expertise commissions of persons with disabilities for adults in the public social assistance services of the county councils and the sectors of Bucharest. " 30. Article 52 is amended and shall read as follows: "" Art. 52. -(1) The military record document on incorporable citizens or recruits is the recruitment certificate, for reservists is the military record, and for persons without military obligations, the military certificate. (2) The volunteer reservists teach the military delivery and the call order to the unit with which they have concluded a contract and receive military identification, issued according to the regulations established by order of the heads of the institutions Defence and national security. (3) The loss of the military record shall be communicated in writing to the military center within which it resides, within 5 days, and shall be published in the Official Gazette of Romania, Part III, within 10 days of the finding. " 31. The title of Chapter IV is amended and shall read as follows: "" CHAPTER IV Other forms of preparation of the population for defence " 32. In Article 60, paragraph 3 shall be amended and shall read as follows: " (3) The participants in the pre-military training of young people receive free medical assistance, medicines, hospitalization and other social security rights, under the law, for accidents or diseases that occurred during the preparation and in connection with the military training activity. " 33. Article 61 is amended and shall read as follows: "" Art. 61. -The funds necessary for the pre-military training of young people organized and carried out under 60 shall ensure from the budgets of the organising ministries. " 34. In Article 67, paragraph 2 shall be amended and shall read as follows: "(2) The volunteer reservists and reservists from the mobilization plans are obliged to participate in the training and mobilization exercises at the request of the institutions with powers in the field of national defense and security." 35. In Article 73, paragraph 1 shall be amended and shall read as follows: "" Art. 73. -(1) The employment contracts of the employees called for the performance of the military service in the term, for concentration/mobilization or for the participation in the training/mobilization exercises shall be suspended under the conditions provided by law. " 36. Article 75 is amended and shall read as follows: "" Art. 75. -Young people called for recruitment, recruits and military reservists who have the status of employees and are called to military centers to clarify the military situation or military units to participate in training/exercises. mobilisation shall be entitled to additional paid leave of up to 5 days and shall be paid by the employer on the basis of a certificate issued by the military centre 37. Article 76 is amended and shall read as follows: "" Art. 76. -(1) The county/local councils and the sectors of Bucharest are obliged to provide military centers within their range of land, premises, telecommunications installations, computer systems and services, cars, other facilities and materials, as well as the funds necessary to carry out specific activity, according to the norms established by Government decision. (2) The local public administration authorities referred to in par. (1) are obliged to conclude, for military centers, contracts for the supply/provision of electricity, heat, water supply, sewerage, sanitation, television, radio, telephony, telephax, mail, fax, as well as to pay the value of these services, according to the tariffs in force. (3) The obligation to pay the value of the services mentioned in par. (2) is also valid for the situation in which the land, premises and fixed means of the military centers are under the administration of the Ministry of National Defence. " 38. In Article 77, paragraph 1 shall be amended and shall read as follows: "" Art. 77. -(1) The expenses of repair, maintenance and arrangement of the premises of the area, county and sector military centers shall be borne by the local public administration authorities. " 39. Article 78 is amended and shall read as follows: "" Art. 78. -Local public administration authorities may change all or part of the destination of buildings provided to military centers only with the agreement of the Ministry of National Defence and only after having provided military centers with other buildings arranged and equipped according to the legal provisions, in conditions that do not affect the conduct of specific activity. " 40. In Article 80 (1), after letter i) a new letter, letter j) is inserted, with the following contents: "j) failure to submit, within one month, with a view to taking into account the military centres within which they have changed their domicile." 41. in Article 80, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) It constitutes contravention non-compliance by the local public administration authorities with the provisions of art. 76 76, 77, 78 and 79 relating to the material and financial insurance of military centres. " 42. Article 81 is amended and shall read as follows: "" Art. 81. -(1) Contraventions provided in art. 80 80 para. ((1) shall be sanctioned as follows: a) with a fine of 1 point to 2 points, the facts provided in lett. d), e), g) and j); b) with a fine of 2 points to 6 points, the facts provided in lett. c) and h); c) with a fine of 4 points to 8 points, the act provided in lett. b); d) with a fine of 8 points to 16 points, the facts provided in lett. a), f) and i). (2) Contraventions provided in art. 80 80 para. (2) shall be sanctioned as follows: a) with a fine of 16 points to 20 points, the facts provided in lett. a)-e); b) with a fine from 160 points to 200 points, the act provided for in lett. f). (3) Contraventions provided in art. 80 80 para. (3) is sanctioned with a fine of 160 to 200 points. (4) The value of a point shall be 20% of the amount of the gross minimum wage. " 43. Article 82 is amended and shall read as follows: "" Art. 82. -(1) Finding the contraventions provided in art. 80 80 para. ((1) and (2) and the application of the sanctions provided in art. 81 81 para. ((1) and (2) shall be made by the persons empowered by the General Staff, as well as by the commander of the military center and the specially designated officers by him, only within the territorial competence of the military center. (2) Finding the contraventions provided in art. 80 80 para. (3) and the application of sanctions provided in art. 81 81 para. (3) shall be made by the prefects of the counties, respectively by the prefect of Bucharest. " 44. Article 87 is amended and shall read as follows: "" Art. 87. -Until the classification with volunteer reservists of the functions in the organization states of the structures in the institutions with attributions in the field of national defense and security, they shall be completed with reservists in the mobilization reserve. " 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 ROBERTA ALMA ANASTASE SENATE PRESIDENT VASILE BLAGA Bucharest, July 12, 2012. No. 128. ____