Advanced Search

Law No. 341 Of 12 July 2004 Thanksgiving Versus Heroes-Martyrs And Fighters Who Contributed To The Victory Of The Romanian Revolution Of December 1989

Original Language Title:  LEGE nr. 341 din 12 iulie 2004 recunoştinţei faţă de eroii-martiri şi luptătorii care au contribuit la victoria Revoluţiei române din decembrie 1989

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 341 341 of 12 July 2004 (* updated *) gratitude for the victory of the Romanian Revolution in December 1989 and for the anti-communist labor revolt in Brasov in November 1987 **) ((updated on 20 July 2015 *)
ISSUER PARLIAMENT




---------- ---------- **) The title of the law was amended by item 1 1 of art. I of EMERGENCY ORDINANCE no. 6 6 of 13 February 2008 , published in MONITORUL OFFICIAL no. 123 123 of 15 February 2008. **) The title of the law was amended by item 1 1 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. The Romanian Parliament adopts this law + Chapter I The Romanian Revolution of December 1989 -------------- Head. I was introduced by section 6.6. 2 2 of art. I of EMERGENCY ORDINANCE no. 6 6 of 13 February 2008 , published in MONITORUL OFFICIAL no. 123 123 of 15 February 2008. + Article 1 The Romanian Revolution of December 1989, triggered by the popular uprising in Timisoara, continued in Bucharest and other localities of Romania, where the riots of Romanian citizens were repressed by law enforcement and resulted in deaths, injured or arrested, led to the acquisition of freedom and the establishment of democracy in Romania, constitutes a crucial moment in the history of the country. ---------- Article 1 has been amended by section 1. 2 2 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 2 The present law regulates the ways of exercising gratitude to the heroes-martyrs, the persons who had a determining role for the victory of the Romanian Revolution of December 1989 and the fighters participating in the actions carried out for the victory of the Romanian Revolution in December 1989 and the care for the descendants of the heroes-martyrs, as well as the people who sacrificed their lives or suffered as a result of the anti-communist labor revolt in Brasov in November 1987. ---------- Article 2 has been amended by section 2. 3 3 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 3 (1) In order to honor the memory of those who sacrificed their lives and as a sign of gratitude to those who fought for the victory of the Romanian Revolution of December 1989, the following titles are established: a) Hero-Martyr of the Romanian Revolution of December 1989-assigned to those who sacrificed themselves in the fight for the victory of the Romanian Revolution in December 1989 or died in connection with it; ---------- Lit. a) a par. ((1) of art. 3 3 has been amended by section 4.2 4 4 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. b) Fighter for the December 1989 Victory of the Revolution: 1. Wounded Fighter-assigned to those who were injured in the battles for the victory of the Romanian Revolution in December 1989 or in connection with it, if they were injured by the use of firearms or combat technique by repressive forces, by loviri or other violence committed by their representatives. 2. Detained fighter-assigned to those who were put in preventive detention, until December 22, 1989, by the forces of repression, as a result of participating in the actions for the victory of the Romanian Revolution in December 1989. 3. Fighter with Rol Determinant-attributed to those who from 14 to 22 December 1989 had a determining role in the onset and victory of the Romanian Revolution of December 1989, put their lives at risk in confrontations with the forces of repression, occupied and defended the objectives of special importance, which belonged to the totalitarian regime, only in the localities where, as a result of these actions and confrontations resulted in people killed, injured or detained, until the dictator's flight. 4. Fighter Noted by Special Facts-attributed to those who, from December 14 to 25, 1989, mobilized and led groups or crowds of people, built and maintained barricades against the repressive forces of the totalitarian regime. communist, occupied objectives of vital importance for the resistance of the totalitarian regime and defended them until the date of trial of the dictator, in the localities where they fought for the victory of the Romanian Revolution of December 1989, as well as those who had Proven actions against the regime and the meaning of communism between 14-22 December 1989. ---------- Lit. b) a par. ((1) of art. 3 3 has been amended by section 4.2 4 4 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. c) Participating in the Victory of the Romanian Revolution of December 1989-honorary quality. ---------- Lit. c) a par. ((1) of art. 3 3 has been amended by section 4.2 4 4 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. (2) The securities established in par. (1) will be granted under the conditions of this law, taking into account the qualities and titles attested, according to Law no. 42/1990 for honoring the heroes-martyrs and granting rights to their descendants, the injured, as well as the fighters for the victory of the Revolution of December 1989, republished, as amended, only for the cases in which the applicant is holder of the certificate and holder of the certificate of attestation of the title granted by the President of Romania, by presidential decree, published in the Official Gazette of Romania, Part I. ---------- Alin. ((2) of art. 3 3 has been amended by section 5 5 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. (3) As a sign of gratitude to the persons who have acquired the titles provided in par. (1), the President of Romania may give them the Order "Victory of the Romanian Revolution of December 1989", in accordance with the provisions Law no. 1/1996 establishing the Order "Victory of the Romanian Revolution of December 1989", as well as other orders and medals, according to Law no. 29/2000 on the national system of decorations of Romania, with subsequent amendments and completions. (4) For the eternalization of the memory of the heroes fallen in the fight for the victory of the Romanian Revolution of December 1989, the local councils, at the proposal of the organizations and the State Secretariat for the Problems of the Revolutionary of December 1989, The Ministry of Culture and Religious Affairs will build monuments dedicated to them in the country's cities. (5) The provisions of this Law do not benefit the Determining Rol Fighters and Fighters Noted by Special Facts that in December 1989 acted as employees, in the exercise of their duties. ---------- Alin. ((5) of art. 3 3 has been amended by section 5 5 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. (6) The provisions of this Law do not benefit persons who committed crimes of common law during the Romanian Revolution of December 1989 or in connection with the rights granted by the Laws of gratitude, as well as in connection with the granting or the exchange of revolutionary certificates, based on the present law and the Law no. 42/1990 , republished, as amended. ---------- Alin. ((6) of art. 3 3 has been amended by section 5 5 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 3 ^ 1 For the purposes of this law, the following terms and expressions have the following meanings: a) persons who had a determining role for the victory of the Romanian Revolution of December 1989-the heroes martyrs and the Fighters with Rol Determinant for the Victory of the Romanian Revolution in December 1989; b) survivor of erou-martyr-persons entitled to benefit from the provisions of this law, as the case may be, the surviving spouse, the parents of the deceased and his children; c) objectives of special importance-the buildings of special importance, in which the structures of the totalitarian regime and other public buildings were found: the Opera of Timișoara, the Central Committee and the county or municipal committees of the party, Television Romanian and Romanian Radio Broadcasting and the like; d) State Secretariat-State Secretariat for the recognition of the merits of the fighters against the communist regime established in Romania in the period 1945-1989; e) Associations of legal revolutionaries constituted until December 31, 1992-the associations that had and have as main purpose the defense and promotion of the ideals of the Romanian Revolution of December 1989 or the defense of the rights of revolutionaries, according to the founding act from the date of establishment, until 31 December 1992; f) pre-changed certificates-certificates certifying the titles obtained according Law no. 42/1990 , for the honor of the heroes-martyrs and the granting of rights to their descendants, the injured, as well as the fighters for the victory of the Revolution of December 1989, republished, with subsequent amendments and completions, only for the cases in which the applicant is the holder of the Certificate and holder of the Certificate of attestation of the title granted by the President of Romania, by Presidential Decree, published in the Official Gazette of Romania, exchanged under this law; g) Parliamentary Committee-Parliamentary Committee of the Revolutionaries of December 1989. ---------- Art. 3 ^ 1 was introduced by item 1. 6 6 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 3 ^ 2 (1) Persons referred to in art. 3 3 para. ((1) lit. b) section 4 new certificates will be issued to them for obtaining the qualities and titles provided in art. 3 3 para. ((1) lit. b) section 3, only if they meet the conditions of this law (2) Release of certificates of persons referred to in art. 3 3 para. ((1) lit. b) section 3 is made only on request, based on the pre-changed certificate. (3) Release of certificates of persons referred to in art. 3 3 para. ((1) lit. b) section 3 shall be carried out at the express request of the certificate holder, according to the models that will be approved by the decision to amend and supplement the norms for the application of this law. (4) With the application for the issuance of the certificate for the persons referred to in 3 3 para. ((1) lit. b) section 3, and for obtaining the new certificate, the applicant will submit the pre-changed certificate in original, together with the related ID. ---------- Article 3 ^ 2 has been introduced by item 6 6 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 3 ^ 3 (1) The qualities obtained according to this law, for the persons referred to in art. 3 3 para. ((1) lit. b) section 1, 2 and 4 cannot be changed and shall be granted on the basis of the titles granted by the President of Romania, by Presidential Decree, published in the Official Gazette of Romania, according to Law no. 42/1990 , republished, as amended. (2) By exception to par. (1), the quality provided in art. 3 3 para. ((1) lit. b) section 4, can be changed, on request, according to art. 3 3 ^ 2. " ---------- Article 3 ^ 3 has been introduced by item 6 6 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 4 (1) After the entry into force of this Law, it benefits from the rights conferred by it only persons who fall within its provisions. (2) Persons who have obtained the titles provided in art. 3 3 ^ 1 lit. b) receive a restorative monthly allowance, calculated on the basis of multiplication coefficients that are applied on the average gross earnings used to substantiate the state social insurance budget and approved by the budget law state social insurance, for the year for which the payment is made, as follows: a) surviving spouse of the martyr hero-a coefficient of 1,10; b) parent of the martyr hero-a coefficient of 1,10; c) child of the martyr hero-a coefficient of 1.10 until increased or until the end of the studies, without exceeding the age of 26, regardless of whose maintenance there is also a coefficient of 0.50, after the age of 26 *). (3) Persons who have obtained the titles provided in art. 3 3 para. ((1) lit. b) section 1 benefits from a restorative monthly allowance, calculated on the basis of multiplication coefficients that will be applied on the average gross earnings used to substantiate the state social insurance budget and approved by the budget law state social insurance, for the year for which the payment is made, as follows: a) 2.00-for large mutilates; b) 1.75-for persons classified in the first degree of invalidity; c) 1.50-for persons classified in the second degree of invalidity; d) 1.25-for persons classified in the third degree of invalidity; e) 1.10-for persons not classified in the degree of invalidity *). ---------- Alin. ((3) of art. 4 4 has been amended by section 1 1 of art. I of ORDINANCE no. 1 1 of 14 January 2015 , published in MONITORUL OFFICIAL no. 44 44 of 19 January 2015. (4) Persons who have obtained the titles provided in art. 3 3 para. ((1) lit. b) section 3, to whom the new certificates were issued according to art. 3 ^ 2, benefits from an allowance of monthly gratitude in the coefficient of 1.10, calculated on the basis of the multiplication coefficients applied on the average gross earnings used to substantiate the state social insurance budget and approved by the state social insurance budget law, for which the payment is made. (5) The mutilated sea and persons classified in the first degree of invalidity benefit, in addition to the allowance provided in par. (3), and a care allowance that is granted monthly, calculated by applying the multiplication coefficient 0,50 on the average gross earnings used to substantiate the state social insurance budget and approved by the budget law state social insurance, related to the year for which the payment is made. (6) Persons who have obtained the titles provided in art. 3 3 para. ((1) lit. b) section 2 benefits from a monthly repair allowance in the coefficient of 1.10, calculated by applying this multiplication coefficient on the average gross earnings used to substantiate the state social insurance budget and approved by the state social insurance budget law, for which the payment is made *). ---------- Alin. ((6) of art. 4 4 has been introduced by section 2 2 of art. I of ORDINANCE no. 1 1 of 14 January 2015 , published in MONITORUL OFFICIAL no. 44 44 of 19 January 2015. ---------- Article 4 has been amended by section 4. 7 7 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 4 ^ 1 (1) The allowances provided for in art. 4 4 para. (4) will be granted on the basis of the certificate and a typified certificate. ---------- Alin. ((1) of art. 4 ^ 1 has been amended by section 4.2 3 3 of art. I of ORDINANCE no. 1 1 of 14 January 2015 , published in MONITORUL OFFICIAL no. 44 44 of 19 January 2015. ((2) Applications for typified certificates shall be submitted to the Secretariat of State after obtaining the certificate. ((3) The proof of the date on which the application for the pre-changed certificates was submitted will be made with the certificate, issued and transmitted by the state secretariat directly to the rights payers. ---------- Alin. ((3) of art. 4 ^ 1 has been amended by section 4.2 3 3 of art. I of ORDINANCE no. 1 1 of 14 January 2015 , published in MONITORUL OFFICIAL no. 44 44 of 19 January 2015. ---------- Article 4 ^ 1 has been amended by section 4. 8 8 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 4 ^ 2 Repealed. ---------- Article 4 ^ 2 has been repealed by point (a). 9 9 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 4 ^ 3 ((1) Abrogat. ---------- Alin. ((1) of art. 4 ^ 3 was repealed by section 3. 4 4 of art. I of ORDINANCE no. 1 1 of 14 January 2015 , published in MONITORUL OFFICIAL no. 44 44 of 19 January 2015. (2) The regulations provided by the legislation on pensions, each payer's own, regarding the establishment, payment, modification, suspension, resumption, termination, expertise, review, contestation and recovery of the amounts collected unearned, shall also apply allowances provided for by law, if it does not have otherwise. ------------- Article 4 ^ 3 has been introduced by section 4. 3 3 of art. I of LAW no. 347 347 of 21 July 2006 , published in MONITORUL OFFICIAL no. 650 650 of 27 July 2006. + Article 5 *) (1) Persons referred to in art. 3 3 para. ((1) lit. b), as well as in art. 3 3 ^ 1 lit. b), which meet the conditions of this law also benefit from the following rights a) priority in providing a home from the available fund of social housing, in the locality of domicile, if they have not owned another dwelling until the date of award; b) the establishment of the rent at the minimum level provided by law for housing in the state housing fund; c) free provision of prostheses, orthotics and wheelchairs for invalids who have lost all or part of their work capacity, their full cost being borne by the Single National Health Insurance Fund and the budget State Secretariat; d) free access of children to nurseries and kindergartens subordinated to local governments, as well as free provision of school supplies; e) granting a state subsidy equal to 50% of the interest on a bank loan of up to 20,000 euros, contracted for the purchase or construction of a home in the home town, if they have not owned or owned a property housing, as well as the possibility of guaranteeing loans contracted with the allowance calculated according to the provisions of this law; f) free urban transport by public transport and, annually, 12 free railway trips, in first class, round trip, with all categories of passenger trains; annually-12 free round trips to the place of residence by the county, by public transport, for people who reside in rural areas. Within the 12 free trips can also travel the members of the holder's family. These gratuities also benefit the attendant of pensioners, persons with a degree of disability, the great mutilated or the person who, for medical reasons, needs a companion; g) free access to treatments and medicines in hospitals, polyclinics, treatment bases and units in spa resorts, belonging to the Ministry of Health, Ministry of National Defence and Ministry of Internal Affairs, expenditure to be incurred from the budgets of those Ministries and the Single National Health Insurance Fund; h) free access to all medicines, through the family doctor, their full cost being borne from the Single National Health Insurance Fund; i) assignment in the property, without payment, of the final place; j) exemption from the payment of taxes and fees for a dwelling and land related to it, for a hycomate or hydrated car (automatic gearbox) and mototricycle, owned or co-owned with the spouse, as well as the exemption from taxes on the registration of a single hycomate or hydrated car; the free assignment, in the property, of an autonomous means of transport corresponding to international standards for the large mutilated and the persons referred to in art. 3 3 para. ((1) lit. b) section 1, which have a degree of locomotor disability; k) purchase or rental with priority, without auction, from the state fund of a commercial space or corresponding service provision, with a useful area of up to 100 sqm, including in the indivision, or concession or rental with priority, without tender, of a land area of up to 100 sqm in the public domain for the construction of a commercial or service space; l) retirement 5 years before the standard age, provided by law; m) exemption from the payment of fees for public broadcasting and television services; n) attribution, within the limits of possibilities, in the property of 10,000 sqm of land in extravilan and 500 sqm of land in the intravilan-the latter for the dwelling destination, if it did not have or does not have in the property another housing space; o) the granting of a monthly allowance, added to the old-age pension, equivalent to a coefficient of 0.6, calculated on the basis of the multiplication coefficients applied on the average gross earnings used to substantiate the budget state social insurance and approved by the state social insurance budget law, related to the year for which the payment is made. (2) Rights granted under this law shall not be considered as income, shall not be taxed and shall not affect the granting of other rights. (3) The Secretariat of State, after analyzing the files of persons requesting the exchange of certificates, with the opinion of the Parliamentary Commission for the control of the application of the provisions of this Law, will issue the new type of pre-changed certificate a unique format, with security elements-the only document valid to benefit from the provisions of this law. (4) The files of persons requesting the exchange of certificates or the issuance of new certificates under the laws of gratitude must contain the documentation provided for in Government Decision no. 566/1996 for the approval of the Rules of Organization and Functioning of the Commission for Honoring and Supporting the Heroes of the Revolution of December 1989, as amended, for each category, as well as the updated opinion of a Legal revolutionaries constituted until 31 December 1992. The certificates issued under this law will be signed by the Secretary of State of the State Secretariat and by the chairman of the Parliamentary Committee. (5) The Secretariat of State, with the opinion of the Parliamentary Committee, shall make proposals to the President of Romania for (6) The issuance of certificates certifying the status of Fighter with Rol Determinant is made only if the files, which were the basis for the exchange of certificates contain the documentation certifying the fulfilment of the conditions provided by this law. (7) The Secretariat of State, after considering the requests and verifying the files of persons requesting the granting of the quality provided in art. 3 3 para. ((1) lit. b) section 3, will issue the certificate, with the opinion of the Parliamentary Committee, the only valid document to benefit from the provisions of this ---------- Article 5 has been amended by section 6.6. 10 10 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 5 ^ 1 The amounts representing allowances, left uncollected by the deceased holder for the month in which the death took place, and, as the case may be, the amounts due and unpaid until the death are paid to the heirs, under the law. ---------- Article 5 ^ 1 has been amended by section 1. 5 5 of art. I of ORDINANCE no. 1 1 of 14 January 2015 , published in MONITORUL OFFICIAL no. 44 44 of 19 January 2015. + Article 6 Economic operators who hire persons who meet the conditions laid down in art. 3 3 para. ((1) lit. b), as well as in art. 3 3 ^ 1 lit. b) benefit from the facilities provided by law for economic operators who employ unemployed and young graduates. ---------- Article 6 has been amended by section 6. 12 12 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 7 The provisions of this law also apply to soldiers and civil employees of the Ministry of National Defence and the Ministry of Internal Affairs, who meet the conditions provided by this law for the acquisition of the securities provided for in 3 3 para. ((1) lit. b). ---------- Article 7 has been amended by section 7. 6 6 of art. I of ORDINANCE no. 1 1 of 14 January 2015 , published in MONITORUL OFFICIAL no. 44 44 of 19 January 2015. + Article 8 The provisions of this law do not benefit persons who are proven to have been involved in the activities of the former security as political police, have misinformed or used mass media for diversion or acted, under any form, against the Romanian Revolution of December 1989, issued orders and provisions in favor of maintaining the structures of the former communist party and for defending the dictator. ---------- Article 8 has been amended by section 6.6. 14 14 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 8 ^ 1 (1) Proof of fulfilling the conditions of this law for the persons referred to in 7 is also done with the documents in the fight journal of the unit from which the applicant was part. (2) Persons who request the issuance of the certificate for Fighter with Rol Determinant shall submit, with the request, a declaration on their own responsibility, authenticated, that they do not fall within the provisions of par. (1), under penalty of criminal law. ---------- Article 8 ^ 1 has been introduced by item 1. 15 15 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 9 (1) Proving certificates which, from 1990 to 1997, have been issued by the Commission for the application of Law no. 42/1990 and the Commission for Honoring and Supporting the Heroes of the Revolution of December 1989, after verification, according to art. 5 5 para. ((3), (4) and (5), will be changed, at the request of the holder, by the State Secretariat for the Problems of Revolutionaries of December 1989, until April 30, 2010 inclusive. ------------ Alin. ((1) art. 9 9 has been amended by section 2 2 of the single article of LAW no. 391 391 of 28 December 2009 , published in MONITORUL OFFICIAL no. 921 921 of 29 December 2009, amending EMERGENCY ORDINANCE no. 84 84 of 30 June 2009 , published in MONITORUL OFFICIAL no. 452 452 of 1 July 2009. (2) Persons who request the exchange of documents certifying the titles provided in art. 3 3 para. ((1) lit. b), according to the present law, as well as the presidents of the organizations nominated for 5 5 para. (4) carries criminal liability for the correctness of the preparation of the files, which will be verified by the State Secretariat for the Problems of the Revolutionaries of December 1989 and endorsed by the Parliamentary Commission of the revolutionaries of December 1989, in order to issue by him the proof certificates, exchanged according to par. ((1). (3) The certificates of the heroes-martyrs shall be issued and granted on the proposal of the Secretariat of State for the Problems of the Revolutionaries of December 1989, with the opinion of the Parliamentary Commission of the revolutionaries of December 1989, and shall be According to the methodological norms. (4) Proving certificates which, from 1990 to 1997, have been issued by the Commission for the application of Law no. 42/1990 and the Commission for Honoring and Supporting the Heroes of the Revolution of December 1989, during the period of exchange, a maximum of 6 months from the date of entry into force of this Law, retains its validity *). (5) Appeals regarding the exchange or non-performance of the exchange of certificates, according to this law, shall be made with the nomination of the persons concerned and shall be addressed to the parliamentary commission of the revolutionaries of December 1989, which shall solve them according to the methodological norms established in this regard ((6) Abrogat. ---------- Alin. ((6) of art. 9 9 has been repealed by section 6.6. 16 16 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 9 ^ 1 (1) The final term of application for the exchange of certificates proving the status of a revolutionary is 31 July 2006 *). (2) The final deadline for submitting the documents required for the completion of the files for the exchange of revolutionary certificates, in order to meet the conditions established by law, is December 31, 2006 * *). ------------- Article 9 ^ 1 has been introduced by item 1. 6 6 of art. I of LAW no. 347 347 of 21 July 2006 , published in MONITORUL OFFICIAL no. 650 650 of 27 July 2006. + Article 9 ^ 2 (1) Persons who request the issuance of certificates according to this law shall bear criminal liability for the correctness of the preparation of files, documents and evidence in them. ((2) Applications concerning the issuance of the new Determining Rol Fighter certificate, submitted according to art. 3 ^ 2, are analyzed by a commission made up of no more than 5 members, employees of the State Secretariat, appointed by order of the Secretary of State, who is also the chairman of the commission. (. The Commission referred to in paragraph 1 (2) proceed to the settlement of applications, verifying the documents of the files that were submitted within the deadlines and conditions provided by law for the quality provided in art. 3 3 para. ((1) lit. b) section 4 and which meet the conditions and criteria for the issuance of the Determining Rol Fighter certificate. (4) After the admission of the applications, the certificate of Fighter with Rol Determinant shall be issued, according to the methodology established by the organization and functioning regulation of the commission, approved by order of the Secretary of State. (5) The State Secretariat, with the opinion of the Parliamentary Committee, will periodically submit to the President of Romania the proposals for the award of securities for persons whose applications have been admitted, in order to publish them in the Official Gazette of Romania. (6) The solutions will be communicated within 120 working days from the submission of the application. In the case of postal communications, with acknowledgement of receipt, which are not raised by the recipient, the 30-day period for appeal flows from the date of publication of the Commission's decision by posting on the institution's website. ---------- Alin. ((6) of art. 9 ^ 2 has been modified by art. I of ORDINANCE no. 16 16 of 15 July 2015 , published in MONITORUL OFFICIAL no. 535 535 of 17 July 2015. (7) Appeals for new certificates-Determining Rol fighter shall be submitted within 30 days of communication with the nomination of the persons concerned and shall be addressed to the Parliamentary Commission of the revolutionaries of December 1989, which shall settle according to the methodological norms established in this regard. (8) Within 45 days after the granting of securities by the President of Romania and their publication in the Official Gazette of Romania, Part I, the Secretariat of State shall transmit to the pension houses the certificates provided for in art. 4 ^ 1 for persons whose applications have been admitted. ---------- Article 9 ^ 2 was introduced by the section 17 17 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 9 ^ 3 (1) The allowances provided by this law shall be paid to the persons referred to in art. 3 3 para. ((1) lit. b) section 3, as of January 1, 2015, after the issuance of new types of certificates and the transmission of certificates typed according to art. 92 92 para. ((8). ---------- Alin. ((1) of art. 9 ^ 3 was amended by section 4.2. 7 7 of art. I of ORDINANCE no. 1 1 of 14 January 2015 , published in MONITORUL OFFICIAL no. 44 44 of 19 January 2015. ((2) Abrogat. ---------- Alin. ((2) of art. 9 ^ 3 was repealed by section 3. 8 8 of art. I of ORDINANCE no. 1 1 of 14 January 2015 , published in MONITORUL OFFICIAL no. 44 44 of 19 January 2015. ---------- Article 9 ^ 3 was introduced by the section 18 18 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 10 (1) Persons who do not fall within the provisions of art. 3 3 para. ((1) and of art. 9 9 para. (5) and which, within 6 months, do not appeal lose their previously held quality. (2) Persons who participated in the Revolution, but do not fall within the criteria provided by Government Decision no. 566/1996 , as amended, will be assigned the honorary quality of participant in the Romanian Revolution of December 1989, under the conditions provided by the methodological norms for the application of this law. + Article 11 The parliamentary committee continues its activity, according to the provisions of the ---------- Article 11 has been amended by section 1. 19 19 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 12 The prefectures will transmit to the State Secretariat, at its request, nominal lists of the situation of granting the rights to persons provided for by this law or the rights granted to them on the basis of the laws of gratitude in force that moment, as well as the reasons for not giving them. ---------- Article 12 has been amended by section 4.2. 20 20 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 13 (1) The ministries and other institutions of the central public administration shall be obliged to follow and ensure the application of the provisions of this law. (2) Failure to comply with the provisions of this law shall entail, as appropriate, the disciplinary, administrative, civil or criminal liability of the guilty, under the law. (3) The beneficiary persons of the present law, who have held rights through the attribution of property, concession or lease, in accordance with the provisions Law no. 42/1990 , will no longer benefit from the same rights under this law. + Article 13 ^ 1 The amounts related to the payment of allowances for beneficiaries of this law shall be borne from the state budget, through the budgets of the Ministry of Labour, Family, Social Protection and Elderly, Ministry of National Defence, Ministry of Business Domestic and the Romanian Intelligence Service. ---------- Article 13 ^ 1 has been amended by section 1. 21 21 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 14 Repealed. -------------- Article 14 has been repealed by art. 11 of LAW no. 556 556 of 7 December 2004 , published in MONITORUL OFFICIAL no. 1.194 1.194 of 14 December 2004. + Article 15 Foundation of the Freedom Fund, established by Decree-Law no. 124/1990 , as amended, continues its activity under the State Secretariat for the Problems of Revolutionaries, under the control of the parliamentary committee established according to art. 11 11 and in accordance with the methodological norms for the application of this law. + Article 16 Within 30 days from the date of entry into force of this law, the State Secretariat for the Issues of the Revolutionary of December 1989 will develop the methodological norms for the application of this law, which will be approved by decision of Government. + Article 17 On the date of entry into force of this Law, Law no. 42/1990 to honor the heroes-martyrs and grant rights to their descendants, to the injured, as well as to the fighters for the victory of the Revolution of December 1989, republished, with subsequent amendments and completions, as well as any other provisions The contrary is repealed. + Chapter II The anti-communist labor revolt in Brasov in November 1987 -------------- Head. II was introduced by section 6.6. 3 3 of art. I of EMERGENCY ORDINANCE no. 6 6 of 13 February 2008 , published in MONITORUL OFFICIAL no. 123 123 of 15 February 2008. + Article 18 *) (1) In order to honor the memory of those who sacrificed their lives and as a sign of gratitude to the persons who suffered as a result of the anti-communist labor revolt in Brasov in November 1987, the following qualities are established: a) the person who suffered as a result of the anti-communist labor revolt in Brasov in November 1987; b) spouse of the person who suffered as a result of the anti-communist labor revolt in Brasov in November 1987, if he meets the conditions provided by this law; c) descendants of persons who died as a result of the anti-communist labor revolt in Brasov in November 1987. (2) The persons referred to in par. ((1) which were part of the apparatus of repression, security and militia or carried out political police activities. " ---------- Article 18 has been amended by section 6.6. 22 22 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 19 (1) Proof of the quality provided in art. 18 18 para. ((1) lit. a) is made by the interested person, with official documents issued by the competent bodies, showing the deprivation of liberty in holding places, for carrying out research, which had one of the following consequences: a) establishment of compulsory domicile; b) resettlement in another locality; c) deportation. (2) Proof of the quality provided in art. 18 18 para. ((1) lit. b) is made by the person concerned, with official documents issued by the competent bodies, showing the submission of pressure, from the security or militia, for the establishment of the domicile in the locality where he is deported the husband, whether or not this has occurred. ---------- Article 19 has been amended by section 6.6. 23 23 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 20 (1) By descendants of persons who died as a result of the anti-communist labor revolt in Brasov in November 1987, the surviving spouse, children and the parents of the deceased are understood. (2) The finding of the qualities provided in art. 18 18 para. (1) shall be made by the Secretariat of State, at the request of the person concerned, on the basis of official documents issued by the competent bodies and on the basis of the updated opinion of the Association "15 November 1987". ---------- Alin. ((2) of art. 20 20 has been amended by section 24 24 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. (3) Verification of documents in order to grant the qualities provided in art. 18 18 para. (1) shall be made by the commission established according to art. 9 9 ^ 2. ---------- Alin. ((3) of art. 20 20 has been introduced by section 25 25 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. (. The Commission referred to in Article 1 9 ^ 2 proceed to the settlement of applications, verifying the documents of the files that were submitted within the deadlines and under the conditions in order to grant the qualities provided in art. 18 18 para. ((1). The State Secretariat, following the admission of the application for the granting of one of the qualities provided for in art. 18 18 para. (1) will issue a certificate to the beneficiaries. ---------- Alin. ((4) of art. 20 20 has been introduced by section 25 25 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. ---------- Article 20 was introduced by point (a) 3 3 of art. I of EMERGENCY ORDINANCE no. 6 6 of 13 February 2008 , published in MONITORUL OFFICIAL no. 123 123 of 15 February 2008. + Article 21 (1) Persons who meet the conditions laid down in art. 19 19 para. ((1) and (2) and obtain certificate according to the provisions of art. 20 benefit from the rights provided in art. 4 4 para. ((4) and in art. 5. (2) The allowances will be granted to beneficiaries to whom certificates have been issued, based on the standard certificate, according to art. 4 4 ^ 1. The certificate will be transmitted directly to the pension houses, by the State Secretariat. (3) Persons who meet the conditions laid down in art. 18 18 para. ((1) lit. c) and obtain a certificate according to art. 20 benefit from the rights provided in art. 4 4 para. ((2) and in art. 5. ---------- Article 21 has been amended by point 26 26 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 22 (1) Persons who request the issuance of the certificate shall submit, with the request, a declaration on their own responsibility, authenticated, that they do not fall within the provisions of 18 paragraph (2), under penalty of criminal law. The State Secretariat, after considering the requests and verifying the files of persons who request the granting of a quality of those provided in art. 18, will issue the certificate, the only document valid to benefit from the provisions of this law. (2) Appeals regarding the rejection of applications for the granting of the qualities provided in art. 18 and obtaining the certificate can be attacked in the administrative court according to the provisions Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. ---------- Article 22 has been amended by section 27 27 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 23 Economic operators who hire persons who meet the conditions laid down in art. 18 18 para. (1) and obtain a certificate according to art. 20 benefits from the facilities provided by law for economic operators who employ unemployed and young graduates. ---------- Article 23 has been amended by section 6.6. 28 28 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 24 ((1) The amounts related to the payment of the repair allowances for the categories provided in art. 18 is borne from the state budget, through the budget of the Ministry of Labor, Family, Social Protection and Elderly. (2) Persons who request the certificate, attesting the qualities provided in art. 18, as well as the person empowered by the Association "15 November 1987" to grant the updating of the opinion bears criminal liability for the correctness of the preparation of the files, which will be verified by the State Secretariat. (3) Rights granted under this law shall not be considered as income, shall not be taxed and shall not affect the granting of other rights. ---------- Article 24 has been amended by section 4.2. 29 29 of art. I of EMERGENCY ORDINANCE no. 95 95 of 29 December 2014 , published in MONITORUL OFFICIAL no. 969 969 of 30 December 2014. + Article 25 (1) The final application deadline for the quality ascertaining referred to in art. 19 19 para. ((1) or (3) and for the submission of the documents referred to in art. 19 19 para. ((2) or (4) is 31 December 2012. (2) The term provided in par. ((1) is the term of revocation. -------------- Article 25 was introduced by art. unique from LAW no. 178 178 of 18 October 2012 , published in MONITORUL OFFICIAL no. 713 713 of 19 October 2012. + Article 26 By way of derogation from provisions art. 10 10 para. ((1) of Law no. 554/2004 , with subsequent amendments and completions, disputes related to the application of the provisions of this law, in which the action is worded in contradiction with the State Secretariat for the Problems of the Revolutionaries of December 1989 or the Commission Parliamentary of the revolutionaries of December 1989, it is settled, in substance, by the administrative and fiscal section of the tribunal, and on appeal, by the administrative and fiscal section of the appeals court. -------------- Article 26 was introduced by art. V of LAW no. 2 2 of 1 February 2013 , published in MONITORUL OFFICIAL no. 89 89 of 12 February 2013. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALER DORNEANU
p. SENATE PRESIDENT,
DORU IOAN TARACILA Bucharest, July 12, 2004. No. 341. --------