On 01.03.2007, the Parliament of the Republic of Moldova adopted the Law on Preventing and Combating Domestic Violence, no. 45-XVI, which was published on 18.03.2008  and followed to enter into force six months later. The Law establishes the legal and organizational framework for preventing and combating domestic violence, the authorities and institutions responsible for preventing and combating domestic violence, the mechanism for identifying and solving cases of violence.

According to the provisions of the Law named above, an important role in preventing and combating domestic violence is assigned to divisions/departments of social assistance and family protection and to internal law enforcement authorities as a specialized unit. In the process of examining several cases, the Ombudsman found that the actions of these two authorities fell to an insufficient extent into the provisions stipulated by the Law. The identified problems reside in the lack of intervention actions to fully protect the victims against domestic violence, which affects mostly children, even if they are not direct victims of violence.

According to data provided by courts,  in 2011 there was observed a significant increase of cases submitted to court, compared with previous years, as well as of issued ordinances in the favour of the victims. Although in 2008, the Law on Preventing and Combating Domestic Violence came into force, officially no cases were registered in court and subsequently there were no requests to issue protective ordinances.

Amendments in the compartment "offenses against family and underage children", regarding domestic violence were introduced  in the Criminal Code of the Republic of Moldova only in 2010,   previously, offenses that are currently within the provisions of article  2011, were classified as crimes causing injuries to corporal integrity. However, for the period of 11 months of 2011, a significant development was registered, as can be observed in the table. 

There is a significant increase in cases submitted to court. The most obvious increase in 2010 was recorded by the prosecution bodies, which investigated 30 cases out of a total of 51 cases submitted to court. In 2011, a total of 246 cases were filed, out of which 74 cases were investigated by the prosecution bodies.

However, the number of cases investigated by the police stations rose from 4 cases in 2010, to 143 cases investigated and submitted to court in 2011. The Divisions / Directorates for Social Assistance and Family Protection recorded a very low intervention in representing the interests of domestic violence victims in court. Undoubtedly, the new legal framework for preventing and combating domestic violence, offered a new blast of the perception of this phenomenon by the society. If previously domestic violence was perceived as a socially accepted norm, as a natural thing, the new framework imposes to approach it in terms of crime against the person's physical and mental integrity. This may explain the substantial increase of cases that were recorded in 2011 compared to 2009 and 2010.

In this context, we should note that positive developments deserve to be appreciated, however the representatives of the prosecution bodies, who reacted to the ombudsman’s appeal and shared opinions on the difficulties they face in law enforcement, drew attention to some gaps that need to be removed, in order to ensure complete operation of the legal mechanisms.
Here, we mean the lack in the village, or at least in the district, of rehabilitation centres for the victims and the impossibility of offering them a dwelling place for the period of case processing. According to specialists, the victims often tolerate violence only because they lack a shelter, where they could escape.

At the same time, attention is drawn to the opportunity to put the abuser in rehabilitation centres, not the victims. This hypothesis was made for several reasons. One of these refers to the need to force the abuser to attend treatment as required by circumstances.  The rehabilitation of victims does not guarantee the final settlement of the problem, since the outbreak of violence is the abuser, the latter should be rehabilitated. Placing the abuser in a rehabilitation centre presupposes that the victims can remain in their own home and benefit of assistance and care in their vital environment, which would mean a much more efficient impact on the process of rehabilitation of the victims.

This approach, to place in the rehabilitation centre one person (the abuser) instead of  more people (the victims), is more effective and justified, both from a therapeutic viewpoint, as well as administrative and financial ones. However, in many situations, it is impossible to enforce the law with respect to the issuance and enforcement of protective orders because of lack of such centres.

The ombudsman urges the local public administration authorities to intensify their actions in promoting the rights of domestic violence victims, which in his opinion and that of the law enforcement officials, are not known to a necessary extent, so as to guarantee the citizens’ constitutional rights.
No.756-XIV dated on 24.12.99

Chapter I
GENERAL PROVISIONS


Article 1.Guaranteeing the right on assurance for labour accidents and professional illnesses
The right on assurance for labour accidents and professional illnesses is guaranteed by the state.

Article 2.Assurance for labour accidents and professional illnesses
    (1) The assurance for labour accidents and professional illnesses consists in establishing some specific relationships, through which there is assure the social protection against the following categories of professional risks: diminishing of the work ability, loosing the work ability, death due to a labour accident or a professional illness.
    (2) The assurance for labour accidents and professional illnesses is an integral part of the public system of obligatory social assurances.
    (3) The assurance for labour accidents and professional illnesses guarantees to those assured a set of allowances and indemnities for:
    a) diminishing and compensating the consequences of labour accidents and professional illnesses;
    b) promoting the labour security and the prevention of labour accidents and professional illnesses.
    (4) The assurance for labour accidents and professional illnesses is based on the principle of assuming the professional risk by those persons who benefit from the result of provided work, on the principle of obligatory contribution and on other principles of the public system of obligatory social assurances.
    (5) The National Office of Social Assurances and its territorial structures are the assurance-provider for labour accidents and professional illnesses.

Article 3.Assured persons
    In conformity with the present law, in obligatory way, the following are assured for labour accidents and professional illnesses and are called assured ones:
    a) citizens of the Republic of Moldova, foreign citizens and stateless persons who carry out activity on the territory of the Republic of Moldova, on basis of an individual labour contract, concluded with an employer from the Republic of Moldova;
    b) citizens of the Republic of Moldova who carry out activity abroad, on basis of a legal disposition of an employer from the Republic of Moldova;
    c) persons who carry out activity in elective positions or are appointed to public authorities, for the period of mandate, of whose rights and duties are assimilated with those of the persons mentioned in item a).

Article 4.Relationships of assurance
    (1) Relationships of assurance are established between employer and assurance-provider. Employers are those legal and physical persons who use remunerated work.
    (2) Employer has to accomplish for each wager-earner the assurance for labour accidents and professional illnesses at the moment of concluding the individual labour contract.

Article 5.Concluding an assurance
    Assurance for labour accidents and professional illnesses shall be concluded as provided by the National Office of Social Assurances.

Article 6.The status of assured person
    (1) The status of a person assured for labour accidents and professional illnesses shall be kept as long as the relationships of assurance are active and stop when these are over.
    (2) In case of professional illness, the status of assured person shall be kept even after the relationships of assurance are over if the former assured person proves, with legally issued medical acts, that the illness was caused by risk factors specific for the job place.

Article 7.The assured case
    Labour accidents and professional illnesses are assured cases..

Article 8.The objectives of assurance
    (1) Assurance for labour accidents and professional illnesses has the following objectives:
    a) preventing the labour accidents and professional illnesses;
    b) medical and professional rehabilitation of assured persons, victims of labour accidents and professional illnesses, as well as recuperation of their labour capacity;
    c) to provide financial allowances and indemnities, in conditions of the present law.
    (2) Assurance-provider has to organise its activity for accomplishing the objectives provided for in this Article, as well as to keep the confidentiality on all the information to which it has the access in accomplishing these objectives.

Chapter II
ALLOWANCES AND INDEMNITIES OF ASSURANCE


Article 9.Allowances and indemnities of assurance
    (1) Assured persons have the right for the following allowances and indemnities:
    a) allowances for medical recovery;
    b) allowances for recuperating the labour capacity;
    c) allowances for professional rehabilitation;
    d) indemnity for temporary labour incapacity;
    e) indemnity for temporary assignment to another job;
    f) indemnity of infirmity;
    g) indemnity in case of death.
    (2) Allowances for medical recovery and recuperation of labour capacity have the priority to indemnities.

Article 10.Allowances for medical recovery
    (1) Assured persons have the right for medical treatment corresponding to the health deficiencies caused by labour accidents or professional illnesses, as follows:
    a) ambulatory treatment;
    b) medical analysis and medicines;
    c) emergency medical assistance;
    d) medical services in hospitals and specialised clinics;
    e) services of plastic and reparatory surgery;
    f) services of physiotherapy.
    (2) Assurance-provider has to cover the costs of medical services, provided with the purposes of treatment or rehabilitation of the assured person, who suffered from a case assured additionally to those provided by the legislation in force.
    (3) In order to diminish or compensate the consequences of health deficiencies caused by labour accidents or professional illnesses, the assured persons, in cases established by the medical expert of the assurance-provider, have the right to:
    a) special care;
    b) sanatorium treatment;
    c) reimbursement for all transport expenditures for visiting the medical institutions, sanatoriums and expenditures of the accompanying person;
    d) medico-sanatorium materials and consumptions for hearing and sight correction;
    e) prostheses, orstheses, orthopaedic devises and special orthopaedic shoes;
    f) auxiliary resources (wheelchair, carriage etc.). This right refers also to covering the costs on their reparation.
    (4) The list of materials, consumptions and resources for diminishing or compensating the consequences of health deficiencies caused by labour accidents or professional illnesses shall be approved by the Government, at the proposal by the National Office of Social Assurances.
 [Art.10 modified by Law n0.330-XV dated on 07.10.04, in force since 29.10.04]

Article 11.Allowances for recovering the labour capacity
    (1) Recovering the labour capacity of assured persons is fulfilled according to individual recovering programmes.
    (2) Individual recovering programmes shall be established in dependence on the character of injuries and the illness’s prognosis, on basis of recovering framework-programmes, worked out by the National Office of Social Assurances and approved by the Government.
    (3) Individual recovering programmes shall be established by the medical expert of the assurance-provider with agreement of the assured person.
    (4) Assured person has to observe the individual recovering programme.
    (5) Medical treatment, in conformity with individual recovering programme, as well as lodging in medical institutions shall be supported by assurance-provider.
    (6) Assurance-provider also has to cover the allowances provided for preventing the diminishing or lost of labour capacity and the necessity of permanent care.
    (7) In framework of individual recovering programme, the medical expert of the assurance-provider establishes, according to the case, the type of necessary prosthesis and the programme for accommodation with respective prosthesis.
    (8) Measures of setting the prosthesis have to assure, first of all, the possibility for professional reintegration, and if this is not possible – the uplifting the degree of self-assistance.

Article 12.Institutions of medical rehabilitation and recovery of labour capacity
    Institutions that provide services of medical rehabilitation and recovering the labour capacity shall be established by assurance-provider.

Article 13.Allowances for professional rehabilitation
    (1) Allowances for professional rehabilitation shall be provided by assurance-provider at the request of assured persons who did not lose fully the labour capacity, but who, due to a labour accident or a professional illness, cannot carry out any more the activity according to their qualification.
    (2) Assurance-provider shall assume the expenditures for professional rehabilitation:
    a) costs of the courses for qualification recovering or retraining;
    b) payment of the indemnity during the courses for qualification recovering or retraining.
    (3) Indemnity, for period of the courses for qualification recovering or retraining, is provided monthly and constitutes 70% of monthly salary of the assure person for the previous month to that when the labour accident occurred or the professional illness ascertained.
    (4) Indemnity shall be provided only in case when the assured person does not benefit, in period of the courses for qualification recovering or retraining, from indemnity for temporary labour incapacity or pension for infirmity, provided according to the legislation.
    (5) Indemnity shall be provided only with condition that the assured person observes the dispositions of assurance-provider concerning the following:
    a) institution where the courses for qualification recovering or retraining shall be carried out;
    b) training programme.

Article 14.Indemnity for temporary labour incapacity
    (1) During the period of temporary labour incapacity caused by a labour accident or a professional illness, the assured persons benefit from indemnity.
    (2) The quantum of indemnity for temporary labour incapacity constitute 100% of the average monthly provided salary of assured person during the last 6 months previous to the month when the labour accident occurred or the professional illness ascertained.
    (3) Indemnity for temporary labour incapacity shall be paid for the first 20 calendar working days, calculated since the date of temporary lost of labour capacity, by the employer, from its own resources, and from the 21st day – by the territorial branches of the National Office of Social Assurances, from the resources of the Fund of assurance for labour accidents and professional illnesses.
    (4) Duration of providing the indemnity for temporary labour incapacity shall be till 180 days, in interval of a year, and shall be calculated from the first day of medical vacation.
    (5) In situations well-grounded by the possibility for medical and professional recovery of the assured person, the physician in charge of the medical institution, established in conformity with provisions of Art.12 of this law, may propose, according to legislation, the prolongation of the medical vacation over 180 days, but not more than with 30 days.
    (6) Medical expert of the assurance-provider decides, according to the case, the prolongation of medical vacation in order to continue the recovering programme, with maintaining the right to indemnity for temporary labour incapacity, resuming the activity at the same job place or at another one or proposes, in the way provided by the legislation, a degree of infirmity to be given.
    (7) Indemnity for temporary labour incapacity caused by labour accidents or professional illnesses, shall be provided on basis of medical certificate, issued in conformity with the legislation, and documents on investigation of labour accident or assertion of professional illness, prepared by competent authorities.
    (8) In situation when the assured person was given a grade of infirmity before the period of 180 days expired, the indemnity shall be provided until the day when the decision on appointment to a degree of infirmity was issued.

Article 15.Indemnity for temporary assignment to another job
    (1) The right to indemnity for temporary assignment to another job pertains to the assured persons who, being temporary transferred to another job due to a labour accident of professional illness, have an assured salary which is less than the average monthly salary assured during the last 6 moths previous to the month when labour accident occurred or professional illness ascertained.
    (2) The quantum of indemnity for temporary assignment to another job constitutes the difference between the average monthly salary of the assured person during the last 6 months right before the month when the labour accident occurred or the professional illness was ascertained and the monthly-assured salary of the assured person at the new place of job.
    (3) Indemnity for temporary assignment to another job shall be provided to the assured person, on basis of acts that confirm this assignment, for a period of maximum 90 days.

Article 16.Indemnity of infirmity
    (1) Assured persons who, due to a labour accident or a professional illness, have lost, completely or at least 25%, the labour capacity have the right to an indemnity of infirmity that is provided monthly for all the period during which they benefit from the pension of infirmity from the public system of social assurances.
    (2) The quantum of the indemnity of infirmity differs depending on the infirmity degree of the assured person, established according to the legislation.
    (3) The quantum of the indemnity of infirmity for the assured person with I and II degrees of infirmity shall be determined as difference between 2/3 of average monthly assured salary of the assured person during the last 6 months previous to the month when the accident occurred or the professional illness ascertained and the quantum of his / her infirmity pension established through the public system of social assurances.
    (4) Average monthly assured salary fulfilled until 1st of January 1999 shall be determined by multiplying the individual coefficient of the assured person with average salary in the country for the year previous to the year when the indemnity of infirmity was established. Individual coefficient of the assured person represents the ratio between average monthly salary in last 6 months previous to the month when the labour accident occurred or the professional illness ascertained and the average salary in the country in the same period.
    (5) Quantum of the indemnity of infirmity for the assured person with III degree of infirmity shall be determined percentage like, from the indemnity established according to the para (3), according to the degree of reduction and the labour capacity.
    (6) Appointment of another degree of infirmity shall condition the modification of the quantum of infirmity indemnity according to present degree of infirmity, and the renewal of infirmity degree shall condition recurrence to the quantum of infirmity indemnity previously established for the respective degree.
    (7) The indemnity of infirmity shall be annually readjusted on 1st of April. The coefficient of readjustment shall constitute the average between annual increase of the value of consumption prices and the annual increase of the average salary in the country for previous year, determined as established by the Government.
    (8) The degree of labour capacity reduction for providing the indemnity to the assured person with III degree of invalidity shall be established according to the legislation.
    (9) The person liable to indemnity of infirmity for which there is a supposition of a recovery potential has the obligation to follow the individual recovery programme established by medical expert of the assurance-provider.
    (10) Non-observance of individual recovery programme, due to unjustified reasons, shall be followed by ceasing of infirmity indemnity payment.
    (11) For assured persons with III infirmity degree, the medical expert of the assurance-provider, depending on the results of recovery programmes, shall present, according to legislation, the proposal on:
    a) keeping the degree of labour capacity reduction; or
    b) changing the degree of labour capacity reduction.
    (12) When there is ascertained a modification of the labour capacity following the accomplishment of the recovery programme, the medical expert of the assurance-provider may propose, according to legislation, the revision of the infirmity degree.
    (13) If the medical investigation, following the accomplishment of recovery programme, ascertains that there is need of additional recovery measures for professional reintegration, the assurance-provider has to assure the appropriate allowances.
 [Art.16 modified by the Law no.330-XV dated on 07.10.04, in force since 29.10.04]
 [Art.16 modified by the Law no.645-XV dated on 16.11.2001]

Article 17.Providing the indemnity for infirmity
    (1) The indemnity of infirmity is provided at the request of eligible person.
    (2) The request accompanied by the decision on appointment to an infirmity degree and the decision of pensioning, issued according to legislation, shall be submitted to the assurance-provider.
    (3) In a period up to 30 days from the date when the request was submitted, the assurance-provider prepares the dossier for providing the indemnity of infirmity, which shall encompass:
    a) documents of investigation on the labour accident or on assertion of the professional illness, prepared by appropriate authorities;
    b) decision on appointment to an infirmity degree;
    c) decision on pensioning;
    d) declaration of the employer on the average monthly assured salary of the assured person in the last 6 months previous to the month when the labour accident occurred or the professional illness ascertained;
    e) proposal by the medical expert of the assurance-provider regarding the degree of the labour capacity reduction, for the assured person with III degree of infirmity;
    f) quantum of the infirmity indemnity for which is eligible the assured person.
    (4) Non-appearance at the medical investigation shall be followed by rejection of the request on granting the indemnity of infirmity.
    (5) Granting the indemnity of infirmity or rejecting the request on granting the indemnity of infirmity shall be made through the decision of the assurance-provider’ leadership in period up to 45 days from the date when the request was submitted.
    (6) Decision on granting the indemnity of infirmity or on rejecting the request on granting the indemnity of infirmity shall be communicated in written form to the solicitor in period up to 5 days from the date of its adoption and it shall encompass fact-based and legal reasons according to which the request is accepted or rejected.

Article 18.Indemnity in case of death
    (1) In case of the death of the assured person, due to a labour accident or a professional illness, the following person shall benefit from the indemnity in case of death:
    a) children of the assured person who, at the moment of his / her death:
    - reached the age less than 18 years old or reached this age, but without exceeding the age of 23, if they continue their studies in the secondary, secondary-professional and high educational institutions, day courses;
    - are appointed an infirmity degree, regardless of the age;
    b) spouse of the assured person, who at the moment of his / her death:
    - is appointed an infirmity degree;
    - reached the pensioning age;
    c) spouse or one of the parents of the dead assured person, or another person who, at the moment of death of the assured one, does not work and takes care about the children of the assured person under the age of 3 years old.
    (2) Indemnity in case of death is provided only once, in a fixed amount, according to the number and category of the persons under the maintenance of the assured one as follows:
    a) for children under the age of 18 years old or over it, without exceeding the age of 23 years, if they continue their studies in the secondary, secondary-professional and high educational institutions, day courses, or for disabled children, regardless of age:
    - equivalent of 5 salaries, calculated as an average of monthly assured salary of the dead assured person during the last 6 months previous to the month when the labour accident occurred or professional illness was ascertained, but not less than 5 average monthly salaries in economy in the year previous to that when the assured case occurred, for one child;
    - equivalent of 8 salaries, calculated as an average of monthly assured salary of the dead assured person during the last 6 months previous to the month when the labour accident occurred or professional illness was ascertained, but not less than 8 average monthly salaries in economy in the year previous to that when the assured case occurred, for two children;
    - equivalent of 12 salaries, calculated as an average of monthly assured salary of the dead assured person during the last 6 months previous to the month when the labour accident occurred or professional illness was ascertained, but not less than 12 average monthly salaries in economy in the year previous to that when the assured case occurred, for three or more children;
    b) for the spouse of the assured person who, at the moment of his / her death, is appointed an infirmity degree or reached the pensioning age - equivalent of 3 salaries, calculated as an average of monthly assured salary of the dead assured person during the last 6 months previous to the month when the labour accident occurred or professional illness was ascertained, but not less than 3 average monthly salaries in economy in the year previous to that when the assured case occurred;
    c) for the spouse or of the parents of the dead assured person, or another person who, at the moment of death of assured one, does not work and take care about the children of assured person under the age of 3 years - equivalent of 3 salaries, calculated as an average of monthly assured salary of the dead assured person during the last 6 months previous to the month when the labour accident occurred or professional illness was ascertained, but not less than 3 average monthly salaries in economy in the year previous to that when the assured case occurred.
    (3) The person who is eligible in several of situations mentioned in para (2) of this Article shall benefit from the indemnity established just for one of these situations.
    (4) The total amount of provided indemnities cannot exceed the equivalent of 24 average monthly salaries in economy.
    (5) In situation when the total amount of indemnities in case of death exceed the limit provided for in para (4) of this Article, the indemnity provided to each eligible person shall be proportionally reduced.
    (6) The indemnity provided to the victim’s children shall not be reduced.

Article 19.Providing the indemnity in case of death
    (1) The request on granting the indemnity in case of death shall be submitted to the assurance-provider. The request should be accompanied by:
    a) documents regarding the investigation of the labour accident or asserting the professional illness, prepared by competent authorities;
    b) assured one’ death certificate, issued by a competent authority;
    c) other acts proving the eligibility of the solicitor, according to legislation.
    (2) Granting the indemnity in case of death or rejecting the request on granting such an indemnity shall be made through the decision of the assurance-provider’ leadership in period up to 45 days from the date when the request was submitted.
    (3) Decision on granting the indemnity in case of death or on rejecting the request on granting such an indemnity shall be communicated in written form to the solicitor in period up to 5 days from the date of its adoption.

Article 20.Payment of the indemnity for temporary assignment to another job, the indemnity for infirmity and the indemnity in case of death and supporting the expenditures for allowances of assurances
    (1) Payment of the indemnity for temporary assignment to another job, the indemnity for infirmity and the indemnity in case of death and supporting the expenditures for allowances of assurances shall be carried out by territorial branches of the National Office of Social Assurances from the resources of the Fund of assurance for labour accidents and professional illness.
    (2) Payment of the indemnity in case of death shall be made in up to 15 days from the moment the decision on granting the indemnity was communicated.
    (3) The way of payment of the indemnity of infirmity and the way of reimbursing the expenditures for allowances of assurance shall be approved by the Government at the proposal made by the National Office of Social Assurances.

Chapter III
PREVENTION OF LABOUR ACCIDENTS AND PROFESSIONAL ILLNESSES


Article 21.Responsibilities and obligations of employers and employees
    (1) Employers are responsible for creating security and hygienic conditions at working places according to legislation.
    (2) Employers have the obligation:
    a) to apply labour security and hygienic measures for preventing the labour accidents and professional illnesses, in order to eliminate the risk factors;
    b) to assure the employees’ familiarisation, their participation in preparation, adoption and application of the measures on preventing the labour accidents and professional illnesses;
    c) to provide any information requested by assurance-provider concerning the risk factors and working places.
    (3) Employees have the obligation to know and observe the measured taken by the employers for preventing the labour accidents and professional illnesses.
    (4) For carrying out the preventive measures, the wage-earners do not support any expenditures.
    (5) Employees have the right to notify the assurance-provider if the employer does not take any preventive measures, without suffering from some consequences on them.

Article 22.Promoting and stimulating the activity on preven-ting the labour accidents and professional ill-nesses
    Assurance-provider has the task to promote and stimulate, by increasing or reducing the contributions of assurance and through other legal forms, the activity on preventing the labour accidents and professional illnesses, aiming at:
    a) maintaining the physical and psychical integrity of assured persons;
    b) improving the working conditions;
    c) eliminating or reducing the risk of occurrence for assured case.

Article 23.Investigating the labour accidents and the reasons of professional illnesses
    Investigating the labour accidents and the reasons of professional illnesses shall be accomplished in the manner established by the Government.
 [Art.23 modified through Law no.645-XV dated on 16.11.2001]
 [Chap. excluded by Law no.330-XV dated on 07.10.04, in force since 29.10.04]
 [the rest – recounted]

Chapter IV
CONTRIBUTIONS OF OBLIGATORY STATE SOCIAL ASSURANCES

[Naming version by the Law no.330-XV dated on 07.10.04, in force since 29.10.04]

Article 24.Contributors
    According to present law, contributors are the employers.

Article 25.Contribution of assurance
    (1) The quantum of the contribution of assurance shall be established annually, by the Law on the budget of state social assurances, at the proposal made by the National Office of Social Assurances.
    (2) The quantum of the contribution of assurance shall be determined differentially, depending on working conditions (normal, particular or special) of assured persons.
    (3) The value of increase or reduction of the contribution of assurance depends on:
    a) number of labour accidents and professional illnesses – for a period of reference;
    b) gravity of consequences of the labour accidents and professional illnesses;
    c) volume of expenditures for allowances and indemnities of assurance.

Article 26.Calculation and payment of the contribution of assurance
    (1) Calculation and payment of the contribution of assurance shall be made monthly by the employer. The calculation basis for contribution shall be the total fund of monthly salaries of assured persons.
    (2) Terms of payment of the contributions of assurance shall be those provided for by the legislation.

Article 27.Raising, keeping and controlling the payment of the contributions of assurance
    Raising, keeping and controlling the payment of the contributions of assurance shall be made as provided by the legislation.

Chapter V
RESOURCES OF THE FUND OF ASSURANCE FOR
LABOUR ACCIDENTS AND PROFESSIONAL ILLNESSES


Article 28.Resources of the Fund of assurance for labour ac-cidents and professional illnesses
    (1) Resources of the Fund of assurance for labour accidents and professional illnesses constitute the financial resources accumulated from the contributions of state social assurances in the quantum established by the Law on the budget of state social assurances, are component part of this budget, encompass incomes, expenditures and results of the fund’s financial activity.
    (2) Resources of the Fund of assurance for labour accidents and professional illnesses shall be kept on an sub-account of the National Office of Social Assurances.

Article 29.Incomes of the Fund of assurance for labour acci-dents and professional illnesses
    Incomes of the Fund of assurance for labour accidents and professional illnesses shall be consists of:
    a) contributions from employers;
    b) revenues, increases for delay in paying the assurance contributions.

Article 30.Expenditures of the Fund of assurance for labour accidents and professional illnesses
    (1) Expenditures of the Fund of assurance for labour accidents and professional illnesses shall consist of:
    a) expenditures needed to cover the equivalent value of allowances and the payment of indemnities for assurance of labour accidents and professional illnesses;
    b) expenditures for organisation and functioning of the assurance system for labour accidents and professional illnesses;
    c) expenditures for paying the equivalent value of the national programmes and projects for preventing the labour accidents and professional illnesses.
    (2) The National Office of Social Assurances shall assure the transparency of expenditures of the Fund of assurance for labour accidents and professional illnesses.

Article 31.Annual surplus and deficit of the resources of the Fund of assurance for labour accidents and profe-ssional illnesses
    (1) The annual surplus of the Fund of assurance for labour accidents and professional illnesses shall be used during the next year according to the provisions of the legislation.
    (2) The deficit of the Fund of assurance for labour accidents and professional illnesses shall be covered by:
    a) the availabilities of the fund from the previous years;
    b) the budget of state social assurances.

o.756-XIV dated on 24.12.99


 

Chapter I
GENERAL PROVISIONS

Article 1.Guaranteeing the right on assurance for labour accidents and professional illnesses
The right on assurance for labour accidents and professional illnesses is guaranteed by the state.

Article 2.Assurance for labour accidents and professional illnesses
    (1) The assurance for labour accidents and professional illnesses consists in establishing some specific relationships, through which there is assure the social protection against the following categories of professional risks: diminishing of the work ability, loosing the work ability, death due to a labour accident or a professional illness.
    (2) The assurance for labour accidents and professional illnesses is an integral part of the public system of obligatory social assurances.
    (3) The assurance for labour accidents and professional illnesses guarantees to those assured a set of allowances and indemnities for:
    a) diminishing and compensating the consequences of labour accidents and professional illnesses;
    b) promoting the labour security and the prevention of labour accidents and professional illnesses.
    (4) The assurance for labour accidents and professional illnesses is based on the principle of assuming the professional risk by those persons who benefit from the result of provided work, on the principle of obligatory contribution and on other principles of the public system of obligatory social assurances.
    (5) The National Office of Social Assurances and its territorial structures are the assurance-provider for labour accidents and professional illnesses.

Article 3.Assured persons
    In conformity with the present law, in obligatory way, the following are assured for labour accidents and professional illnesses and are called assured ones:
    a) citizens of the Republic of Moldova, foreign citizens and stateless persons who carry out activity on the territory of the Republic of Moldova, on basis of an individual labour contract, concluded with an employer from the Republic of Moldova;
    b) citizens of the Republic of Moldova who carry out activity abroad, on basis of a legal disposition of an employer from the Republic of Moldova;
    c) persons who carry out activity in elective positions or are appointed to public authorities, for the period of mandate, of whose rights and duties are assimilated with those of the persons mentioned in item a).

Article 4.Relationships of assurance
    (1) Relationships of assurance are established between employer and assurance-provider. Employers are those legal and physical persons who use remunerated work.
    (2) Employer has to accomplish for each wager-earner the assurance for labour accidents and professional illnesses at the moment of concluding the individual labour contract.

Article 5.Concluding an assurance
    Assurance for labour accidents and professional illnesses shall be concluded as provided by the National Office of Social Assurances.

Article 6.The status of assured person
    (1) The status of a person assured for labour accidents and professional illnesses shall be kept as long as the relationships of assurance are active and stop when these are over.
    (2) In case of professional illness, the status of assured person shall be kept even after the relationships of assurance are over if the former assured person proves, with legally issued medical acts, that the illness was caused by risk factors specific for the job place.

Article 7.The assured case
    Labour accidents and professional illnesses are assured cases..

Article 8.The objectives of assurance
    (1) Assurance for labour accidents and professional illnesses has the following objectives:
    a) preventing the labour accidents and professional illnesses;
    b) medical and professional rehabilitation of assured persons, victims of labour accidents and professional illnesses, as well as recuperation of their labour capacity;
    c) to provide financial allowances and indemnities, in conditions of the present law.
    (2) Assurance-provider has to organise its activity for accomplishing the objectives provided for in this Article, as well as to keep the confidentiality on all the information to which it has the access in accomplishing these objectives.


Chapter II
ALLOWANCES AND INDEMNITIES OF ASSURANCE

Article 9.Allowances and indemnities of assurance
    (1) Assured persons have the right for the following allowances and indemnities:
    a) allowances for medical recovery;
    b) allowances for recuperating the labour capacity;
    c) allowances for professional rehabilitation;
    d) indemnity for temporary labour incapacity;
    e) indemnity for temporary assignment to another job;
    f) indemnity of infirmity;
    g) indemnity in case of death.
    (2) Allowances for medical recovery and recuperation of labour capacity have the priority to indemnities.

Article 10.Allowances for medical recovery
    (1) Assured persons have the right for medical treatment corresponding to the health deficiencies caused by labour accidents or professional illnesses, as follows:
    a) ambulatory treatment;
    b) medical analysis and medicines;
    c) emergency medical assistance;
    d) medical services in hospitals and specialised clinics;
    e) services of plastic and reparatory surgery;
    f) services of physiotherapy.
    (2) Assurance-provider has to cover the costs of medical services, provided with the purposes of treatment or rehabilitation of the assured person, who suffered from a case assured additionally to those provided by the legislation in force.
    (3) In order to diminish or compensate the consequences of health deficiencies caused by labour accidents or professional illnesses, the assured persons, in cases established by the medical expert of the assurance-provider, have the right to:
    a) special care;
    b) sanatorium treatment;
    c) reimbursement for all transport expenditures for visiting the medical institutions, sanatoriums and expenditures of the accompanying person;
    d) medico-sanatorium materials and consumptions for hearing and sight correction;
    e) prostheses, orstheses, orthopaedic devises and special orthopaedic shoes;
    f) auxiliary resources (wheelchair, carriage etc.). This right refers also to covering the costs on their reparation.
    (4) The list of materials, consumptions and resources for diminishing or compensating the consequences of health deficiencies caused by labour accidents or professional illnesses shall be approved by the Government, at the proposal by the National Office of Social Assurances.
 [Art.10 modified by Law n0.330-XV dated on 07.10.04, in force since 29.10.04]

Article 11.Allowances for recovering the labour capacity
    (1) Recovering the labour capacity of assured persons is fulfilled according to individual recovering programmes.
    (2) Individual recovering programmes shall be established in dependence on the character of injuries and the illness’s prognosis, on basis of recovering framework-programmes, worked out by the National Office of Social Assurances and approved by the Government.
    (3) Individual recovering programmes shall be established by the medical expert of the assurance-provider with agreement of the assured person.
    (4) Assured person has to observe the individual recovering programme.
    (5) Medical treatment, in conformity with individual recovering programme, as well as lodging in medical institutions shall be supported by assurance-provider.
    (6) Assurance-provider also has to cover the allowances provided for preventing the diminishing or lost of labour capacity and the necessity of permanent care.
    (7) In framework of individual recovering programme, the medical expert of the assurance-provider establishes, according to the case, the type of necessary prosthesis and the programme for accommodation with respective prosthesis.
    (8) Measures of setting the prosthesis have to assure, first of all, the possibility for professional reintegration, and if this is not possible – the uplifting the degree of self-assistance.

Article 12.Institutions of medical rehabilitation and recovery of labour capacity
    Institutions that provide services of medical rehabilitation and recovering the labour capacity shall be established by assurance-provider.

Article 13.Allowances for professional rehabilitation
    (1) Allowances for professional rehabilitation shall be provided by assurance-provider at the request of assured persons who did not lose fully the labour capacity, but who, due to a labour accident or a professional illness, cannot carry out any more the activity according to their qualification.
    (2) Assurance-provider shall assume the expenditures for professional rehabilitation:
    a) costs of the courses for qualification recovering or retraining;
    b) payment of the indemnity during the courses for qualification recovering or retraining.
    (3) Indemnity, for period of the courses for qualification recovering or retraining, is provided monthly and constitutes 70% of monthly salary of the assure person for the previous month to that when the labour accident occurred or the professional illness ascertained.
    (4) Indemnity shall be provided only in case when the assured person does not benefit, in period of the courses for qualification recovering or retraining, from indemnity for temporary labour incapacity or pension for infirmity, provided according to the legislation.
    (5) Indemnity shall be provided only with condition that the assured person observes the dispositions of assurance-provider concerning the following:
    a) institution where the courses for qualification recovering or retraining shall be carried out;
    b) training programme.

Article 14.Indemnity for temporary labour incapacity
    (1) During the period of temporary labour incapacity caused by a labour accident or a professional illness, the assured persons benefit from indemnity.
    (2) The quantum of indemnity for temporary labour incapacity constitute 100% of the average monthly provided salary of assured person during the last 6 months previous to the month when the labour accident occurred or the professional illness ascertained.
    (3) Indemnity for temporary labour incapacity shall be paid for the first 20 calendar working days, calculated since the date of temporary lost of labour capacity, by the employer, from its own resources, and from the 21st day – by the territorial branches of the National Office of Social Assurances, from the resources of the Fund of assurance for labour accidents and professional illnesses.
    (4) Duration of providing the indemnity for temporary labour incapacity shall be till 180 days, in interval of a year, and shall be calculated from the first day of medical vacation.
    (5) In situations well-grounded by the possibility for medical and professional recovery of the assured person, the physician in charge of the medical institution, established in conformity with provisions of Art.12 of this law, may propose, according to legislation, the prolongation of the medical vacation over 180 days, but not more than with 30 days.
    (6) Medical expert of the assurance-provider decides, according to the case, the prolongation of medical vacation in order to continue the recovering programme, with maintaining the right to indemnity for temporary labour incapacity, resuming the activity at the same job place or at another one or proposes, in the way provided by the legislation, a degree of infirmity to be given.
    (7) Indemnity for temporary labour incapacity caused by labour accidents or professional illnesses, shall be provided on basis of medical certificate, issued in conformity with the legislation, and documents on investigation of labour accident or assertion of professional illness, prepared by competent authorities.
    (8) In situation when the assured person was given a grade of infirmity before the period of 180 days expired, the indemnity shall be provided until the day when the decision on appointment to a degree of infirmity was issued.

Article 15.Indemnity for temporary assignment to another job
    (1) The right to indemnity for temporary assignment to another job pertains to the assured persons who, being temporary transferred to another job due to a labour accident of professional illness, have an assured salary which is less than the average monthly salary assured during the last 6 moths previous to the month when labour accident occurred or professional illness ascertained.
    (2) The quantum of indemnity for temporary assignment to another job constitutes the difference between the average monthly salary of the assured person during the last 6 months right before the month when the labour accident occurred or the professional illness was ascertained and the monthly-assured salary of the assured person at the new place of job.
    (3) Indemnity for temporary assignment to another job shall be provided to the assured person, on basis of acts that confirm this assignment, for a period of maximum 90 days.

Article 16.Indemnity of infirmity
    (1) Assured persons who, due to a labour accident or a professional illness, have lost, completely or at least 25%, the labour capacity have the right to an indemnity of infirmity that is provided monthly for all the period during which they benefit from the pension of infirmity from the public system of social assurances.
    (2) The quantum of the indemnity of infirmity differs depending on the infirmity degree of the assured person, established according to the legislation.
    (3) The quantum of the indemnity of infirmity for the assured person with I and II degrees of infirmity shall be determined as difference between 2/3 of average monthly assured salary of the assured person during the last 6 months previous to the month when the accident occurred or the professional illness ascertained and the quantum of his / her infirmity pension established through the public system of social assurances.
    (4) Average monthly assured salary fulfilled until 1st of January 1999 shall be determined by multiplying the individual coefficient of the assured person with average salary in the country for the year previous to the year when the indemnity of infirmity was established. Individual coefficient of the assured person represents the ratio between average monthly salary in last 6 months previous to the month when the labour accident occurred or the professional illness ascertained and the average salary in the country in the same period.
    (5) Quantum of the indemnity of infirmity for the assured person with III degree of infirmity shall be determined percentage like, from the indemnity established according to the para (3), according to the degree of reduction and the labour capacity.
    (6) Appointment of another degree of infirmity shall condition the modification of the quantum of infirmity indemnity according to present degree of infirmity, and the renewal of infirmity degree shall condition recurrence to the quantum of infirmity indemnity previously established for the respective degree.
    (7) The indemnity of infirmity shall be annually readjusted on 1st of April. The coefficient of readjustment shall constitute the average between annual increase of the value of consumption prices and the annual increase of the average salary in the country for previous year, determined as established by the Government.
    (8) The degree of labour capacity reduction for providing the indemnity to the assured person with III degree of invalidity shall be established according to the legislation.
    (9) The person liable to indemnity of infirmity for which there is a supposition of a recovery potential has the obligation to follow the individual recovery programme established by medical expert of the assurance-provider.
    (10) Non-observance of individual recovery programme, due to unjustified reasons, shall be followed by ceasing of infirmity indemnity payment.
    (11) For assured persons with III infirmity degree, the medical expert of the assurance-provider, depending on the results of recovery programmes, shall present, according to legislation, the proposal on:
    a) keeping the degree of labour capacity reduction; or
    b) changing the degree of labour capacity reduction.
    (12) When there is ascertained a modification of the labour capacity following the accomplishment of the recovery programme, the medical expert of the assurance-provider may propose, according to legislation, the revision of the infirmity degree.
    (13) If the medical investigation, following the accomplishment of recovery programme, ascertains that there is need of additional recovery measures for professional reintegration, the assurance-provider has to assure the appropriate allowances.
 [Art.16 modified by the Law no.330-XV dated on 07.10.04, in force since 29.10.04]
 [Art.16 modified by the Law no.645-XV dated on 16.11.2001]

Article 17.Providing the indemnity for infirmity
    (1) The indemnity of infirmity is provided at the request of eligible person.
    (2) The request accompanied by the decision on appointment to an infirmity degree and the decision of pensioning, issued according to legislation, shall be submitted to the assurance-provider.
    (3) In a period up to 30 days from the date when the request was submitted, the assurance-provider prepares the dossier for providing the indemnity of infirmity, which shall encompass:
    a) documents of investigation on the labour accident or on assertion of the professional illness, prepared by appropriate authorities;
    b) decision on appointment to an infirmity degree;
    c) decision on pensioning;
    d) declaration of the employer on the average monthly assured salary of the assured person in the last 6 months previous to the month when the labour accident occurred or the professional illness ascertained;
    e) proposal by the medical expert of the assurance-provider regarding the degree of the labour capacity reduction, for the assured person with III degree of infirmity;
    f) quantum of the infirmity indemnity for which is eligible the assured person.
    (4) Non-appearance at the medical investigation shall be followed by rejection of the request on granting the indemnity of infirmity.
    (5) Granting the indemnity of infirmity or rejecting the request on granting the indemnity of infirmity shall be made through the decision of the assurance-provider’ leadership in period up to 45 days from the date when the request was submitted.
    (6) Decision on granting the indemnity of infirmity or on rejecting the request on granting the indemnity of infirmity shall be communicated in written form to the solicitor in period up to 5 days from the date of its adoption and it shall encompass fact-based and legal reasons according to which the request is accepted or rejected.

Article 18.Indemnity in case of death
    (1) In case of the death of the assured person, due to a labour accident or a professional illness, the following person shall benefit from the indemnity in case of death:
    a) children of the assured person who, at the moment of his / her death:
    - reached the age less than 18 years old or reached this age, but without exceeding the age of 23, if they continue their studies in the secondary, secondary-professional and high educational institutions, day courses;
    - are appointed an infirmity degree, regardless of the age;
    b) spouse of the assured person, who at the moment of his / her death:
    - is appointed an infirmity degree;
    - reached the pensioning age;
    c) spouse or one of the parents of the dead assured person, or another person who, at the moment of death of the assured one, does not work and takes care about the children of the assured person under the age of 3 years old.
    (2) Indemnity in case of death is provided only once, in a fixed amount, according to the number and category of the persons under the maintenance of the assured one as follows:
    a) for children under the age of 18 years old or over it, without exceeding the age of 23 years, if they continue their studies in the secondary, secondary-professional and high educational institutions, day courses, or for disabled children, regardless of age:
    - equivalent of 5 salaries, calculated as an average of monthly assured salary of the dead assured person during the last 6 months previous to the month when the labour accident occurred or professional illness was ascertained, but not less than 5 average monthly salaries in economy in the year previous to that when the assured case occurred, for one child;
    - equivalent of 8 salaries, calculated as an average of monthly assured salary of the dead assured person during the last 6 months previous to the month when the labour accident occurred or professional illness was ascertained, but not less than 8 average monthly salaries in economy in the year previous to that when the assured case occurred, for two children;
    - equivalent of 12 salaries, calculated as an average of monthly assured salary of the dead assured person during the last 6 months previous to the month when the labour accident occurred or professional illness was ascertained, but not less than 12 average monthly salaries in economy in the year previous to that when the assured case occurred, for three or more children;
    b) for the spouse of the assured person who, at the moment of his / her death, is appointed an infirmity degree or reached the pensioning age - equivalent of 3 salaries, calculated as an average of monthly assured salary of the dead assured person during the last 6 months previous to the month when the labour accident occurred or professional illness was ascertained, but not less than 3 average monthly salaries in economy in the year previous to that when the assured case occurred;
    c) for the spouse or of the parents of the dead assured person, or another person who, at the moment of death of assured one, does not work and take care about the children of assured person under the age of 3 years - equivalent of 3 salaries, calculated as an average of monthly assured salary of the dead assured person during the last 6 months previous to the month when the labour accident occurred or professional illness was ascertained, but not less than 3 average monthly salaries in economy in the year previous to that when the assured case occurred.
    (3) The person who is eligible in several of situations mentioned in para (2) of this Article shall benefit from the indemnity established just for one of these situations.
    (4) The total amount of provided indemnities cannot exceed the equivalent of 24 average monthly salaries in economy.
    (5) In situation when the total amount of indemnities in case of death exceed the limit provided for in para (4) of this Article, the indemnity provided to each eligible person shall be proportionally reduced.
    (6) The indemnity provided to the victim’s children shall not be reduced.

Article 19.Providing the indemnity in case of death
    (1) The request on granting the indemnity in case of death shall be submitted to the assurance-provider. The request should be accompanied by:
    a) documents regarding the investigation of the labour accident or asserting the professional illness, prepared by competent authorities;
    b) assured one’ death certificate, issued by a competent authority;
    c) other acts proving the eligibility of the solicitor, according to legislation.
    (2) Granting the indemnity in case of death or rejecting the request on granting such an indemnity shall be made through the decision of the assurance-provider’ leadership in period up to 45 days from the date when the request was submitted.
    (3) Decision on granting the indemnity in case of death or on rejecting the request on granting such an indemnity shall be communicated in written form to the solicitor in period up to 5 days from the date of its adoption.

Article 20.Payment of the indemnity for temporary assignment to another job, the indemnity for infirmity and the indemnity in case of death and supporting the expenditures for allowances of assurances
    (1) Payment of the indemnity for temporary assignment to another job, the indemnity for infirmity and the indemnity in case of death and supporting the expenditures for allowances of assurances shall be carried out by territorial branches of the National Office of Social Assurances from the resources of the Fund of assurance for labour accidents and professional illness.
    (2) Payment of the indemnity in case of death shall be made in up to 15 days from the moment the decision on granting the indemnity was communicated.
    (3) The way of payment of the indemnity of infirmity and the way of reimbursing the expenditures for allowances of assurance shall be approved by the Government at the proposal made by the National Office of Social Assurances.

Chapter III
PREVENTION OF LABOUR ACCIDENTS AND PROFESSIONAL ILLNESSES

Article 21.Responsibilities and obligations of employers and employees
    (1) Employers are responsible for creating security and hygienic conditions at working places according to legislation.
    (2) Employers have the obligation:
    a) to apply labour security and hygienic measures for preventing the labour accidents and professional illnesses, in order to eliminate the risk factors;
    b) to assure the employees’ familiarisation, their participation in preparation, adoption and application of the measures on preventing the labour accidents and professional illnesses;
    c) to provide any information requested by assurance-provider concerning the risk factors and working places.
    (3) Employees have the obligation to know and observe the measured taken by the employers for preventing the labour accidents and professional illnesses.
    (4) For carrying out the preventive measures, the wage-earners do not support any expenditures.
    (5) Employees have the right to notify the assurance-provider if the employer does not take any preventive measures, without suffering from some consequences on them.

Article 22.Promoting and stimulating the activity on preven-ting the labour accidents and professional ill-nesses
    Assurance-provider has the task to promote and stimulate, by increasing or reducing the contributions of assurance and through other legal forms, the activity on preventing the labour accidents and professional illnesses, aiming at:
    a) maintaining the physical and psychical integrity of assured persons;
    b) improving the working conditions;
    c) eliminating or reducing the risk of occurrence for assured case.

Article 23.Investigating the labour accidents and the reasons of professional illnesses
    Investigating the labour accidents and the reasons of professional illnesses shall be accomplished in the manner established by the Government.
 [Art.23 modified through Law no.645-XV dated on 16.11.2001]
 [Chap. excluded by Law no.330-XV dated on 07.10.04, in force since 29.10.04]
 [the rest – recounted]

Chapter IV
CONTRIBUTIONS OF OBLIGATORY STATE SOCIAL ASSURANCES
[Naming version by the Law no.330-XV dated on 07.10.04, in force since 29.10.04]

Article 24.Contributors
    According to present law, contributors are the employers.

Article 25.Contribution of assurance
    (1) The quantum of the contribution of assurance shall be established annually, by the Law on the budget of state social assurances, at the proposal made by the National Office of Social Assurances.
    (2) The quantum of the contribution of assurance shall be determined differentially, depending on working conditions (normal, particular or special) of assured persons.
    (3) The value of increase or reduction of the contribution of assurance depends on:
    a) number of labour accidents and professional illnesses – for a period of reference;
    b) gravity of consequences of the labour accidents and professional illnesses;
    c) volume of expenditures for allowances and indemnities of assurance.

Article 26.Calculation and payment of the contribution of assurance
    (1) Calculation and payment of the contribution of assurance shall be made monthly by the employer. The calculation basis for contribution shall be the total fund of monthly salaries of assured persons.
    (2) Terms of payment of the contributions of assurance shall be those provided for by the legislation.

Article 27.Raising, keeping and controlling the payment of the contributions of assurance
    Raising, keeping and controlling the payment of the contributions of assurance shall be made as provided by the legislation.

Chapter V
RESOURCES OF THE FUND OF ASSURANCE FOR
LABOUR ACCIDENTS AND PROFESSIONAL ILLNESSES

Article 28.Resources of the Fund of assurance for labour ac-cidents and professional illnesses
    (1) Resources of the Fund of assurance for labour accidents and professional illnesses constitute the financial resources accumulated from the contributions of state social assurances in the quantum established by the Law on the budget of state social assurances, are component part of this budget, encompass incomes, expenditures and results of the fund’s financial activity.
    (2) Resources of the Fund of assurance for labour accidents and professional illnesses shall be kept on an sub-account of the National Office of Social Assurances.

Article 29.Incomes of the Fund of assurance for labour acci-dents and professional illnesses
    Incomes of the Fund of assurance for labour accidents and professional illnesses shall be consists of:
    a) contributions from employers;
    b) revenues, increases for delay in paying the assurance contributions.

Article 30.Expenditures of the Fund of assurance for labour accidents and professional illnesses
    (1) Expenditures of the Fund of assurance for labour accidents and professional illnesses shall consist of:
    a) expenditures needed to cover the equivalent value of allowances and the payment of indemnities for assurance of labour accidents and professional illnesses;
    b) expenditures for organisation and functioning of the assurance system for labour accidents and professional illnesses;
    c) expenditures for paying the equivalent value of the national programmes and projects for preventing the labour accidents and professional illnesses.
    (2) The National Office of Social Assurances shall assure the transparency of expenditures of the Fund of assurance for labour accidents and professional illnesses.

Article 31.Annual surplus and deficit of the resources of the Fund of assurance for labour accidents and profe-ssional illnesses
    (1) The annual surplus of the Fund of assurance for labour accidents and professional illnesses shall be used during the next year according to the provisions of the legislation.
    (2) The deficit of the Fund of assurance for labour accidents and professional illnesses shall be covered by:
    a) the availabilities of the fund from the previous years;
    b) the budget of state social assurances.

Chapter VI
FINAL AND TRANSITORY PROVISIONS


Article 32.Legal responsibility
    Non-observance of the provisions of the present law shall be followed by the responsibility provided for by the legislation.

Article 33.Contesting the decisions of the assurance-provider
    The decisions of assurance-provider may be contested in judicial instances. Till the decision of judicial instances is not taken, the decision of assurance-provider cannot be suspended.

Article 34.Indemnifications established till this law entered into force
    Indemnifications for labour accidents and professional illnesses, established till this law entered into force, shall be kept in the established quantums and shall be paid by the enterprises, institutions and organisations, culpable in occurrence of the labour accident or the professional illness, or by their successors, and in their absence – by the territorial branches of the National Office of Social Assurances from the resources of the state budget according to the provisions of the Law no.625-XII dated on 2nd of July 1991 on labour protection and the Law no.278-XIV dated on 11th of February 1999 on way of recalculation of the compensation for the damage caused to employees because of mutilation or other injuries for the health during when carrying out the job-duties.
 [Art.37 in version of the Law no.645-XV dated on 16.11.2001]

Article 35.Entering into force. Government’s duties
    (1) This law enters into force in 6 months after being published.
    (2) Government, during 6 months from the date when this law is published:
    a) shall present to the Parliament proposals in order to adjust the legislation in compliance with the present law;
    b) shall adjust its normative acts in compliance with the present law;
    c) shall adopt normative acts that will assure the fulfilment of the present law.

    CHAIRMAN
    OF THE PARLIAMENT                               Dumitru DIACOV

    Chişinău, 24th of December 1999. No. 756-XIV.

On numerous occasions, the ombudsmen enshrined the primacy of the freedom of expression and the freedom of assembly in the approaches that aimed the issue of observance of rights and fundamental freedoms . They occupy a distinct place in the work of the National Institution for the Protection of Human Rights – the Centre for Human Rights.

Complete and accurate awareness of the rights and freedoms is an imperative of time. This imperative requires extensive information on the institutional and the regulatory legal fund in the field. No doubt, the first step towards achieving these aspirations is to ensure the protection of rights and fundamental freedoms in a specific and effective manner, so that it could become a reality.

We note that according to international standards, the freedom of peaceful assembly and the freedom of expression belong to all people, not just to those who constitute the majority. Therefore, it is acceptable for a meeting to disturb certain people or groups of individuals regarding the propagated ideas or submitted claims. In this context, the concept of freedom suggests negative actions on behalf of the state, or failure to intervene in its citizens’ accomplishment of the freedom of assembly. Moreover, a genuine and effective peaceful assembly is not compatible with a simple non-interference duty of the state; yet, a positive duty is also present, the duty to ensure the peaceful conduct of a lawful demonstrations.

Therefore, relevant international obligations require not only negative but also positive duties from the states. These consist in the state’s adopting protective and security measures that would confer effectiveness and substance to the exercise of freedom of assembly. The Moldovan Law on Assembly No. 26 of 22/02/2008, which aims to guarantee the exercise by any person of the freedom of assembly in the manner stipulated in the Constitution of the Republic of Moldova and in international acts to which Moldova is party, states that anyone is free to actively participate in or to attend a meeting.

In these circumstances, imposing certain restrictions on the exercise of the constitutional right to assembly is a clear violation of a fundamental right enjoyed by everyone. Moreover, the limitation of exercising the right to freedom of speech and of assembly practically equals to a breach of the given fundamental right, which can be achieved only under Article 54, paragraph (2) of the Constitution.Consequently, achieving the fundamental right to expression and assembly, manifested by triggering a protest, cannot be subjected to any interference, given that it is within the limits prescribed by the law in force. Having carried out a comparative analysis of the situation in 2011 in this respect, as compared to the previous years, it was found that a greater number of community members perceive the meetings as a form of expression of opinions  and as an indispensable element of a genuine democracy, which requires active civic behaviour.

Although, both the Chisinau City Hall and the police bodies displayed more constructive attitudes towards the provision guaranteeing respect for the freedom of assembly, compared to previous years,there are some irregularities identified by the Centre for Human Rights. Thus, among the main issues highlighted by ombudsmen is the reduced interaction between the actors  involved in ensuring the realization of freedom of assembly and misapplication of the Law on assembly, in connection with a series of objective circumstances generated, including, by the level of preparedness of those involved.

The ombudsmen aimed at achieving in the first half of 2011, an evaluation on the implementation of the Law on Assemblies. Given that we cannot act alone, because the successful implementation of these actions depends, first of all, on the collaboration of competent institutions, we requested the support of local public administration authorities and of the courts  in providing relevant information for the period 2010 - April 2011. Thus, it was found that, compared to other cities, the municipality Chisinau recorded, during the reporting period, the greatest number of meetings , being followed by Balti, where 27 meetings were held, Orhei – 22 meetings, Soldanesti – 17 meetings, Gagauz ATU - 17 meetings and Criuleni - 15 meetings.

Although accurate estimation of the number of meetings, through sufficiently credible, consistent, complete and comparable statistical data turns out to be difficult, it was found  that in 2011, in the Republic of Moldova there were recorded 864 meetings compared to 707 in 2010 and 773 in 2009 . The information received by the Centre for Human Rights for the estimation of the degree of observance of the freedom of assembly indicates that some local PA authorities possess no data on the services requested by the organizers  under article 10, paragraph (4) of the Law on Assembly, no data about the observance of the organizer’s obligations to appoint the coordinator of the meeting and to inform the coordinator’s name to the local authorities . More importantly, LPA do not possess a clear mechanism for dealing with the situations when more notifications are submitted to organize concurrent meetings  or with the situations when several meetings  are planned for the same time; these notions are often confused. It was also noted that in most LPA the person who is in charge for managing the meetings is the Mayor, Deputy Mayor, and in some cases the lawyer, the Mayor ‘s councillor or the Public Relations specialist .

According to the submitted information in the reporting period, there were not reported situations in which the LPA representative asked the organizer to cease the assembly or to disperse the participants.  On the other hand, the Chisinau City Hall statement should be mentioned, which reads "the modification of the place, time, and day for the conduct of the meeting was requested only under article 5, paragraph (3) of the Law, aiming at a good organization of the planned meetings on behalf of State officials (summits, arrivals of official delegations from other states, organizing state holidays)". In this context, the ombudsmen noted the diversity of interpretations of the provisions of the Law on Assembly by several subjects, which highlights the lack of consolidated practices and traditions to guarantee freedom of assembly and, as a result, restrict its exercise . However, states are not only obliged to protect the right of peaceful assembly, but also to refrain from indirect and abusive restrictions to the exercise of this right by ensuring the effectiveness of this freedom.

Moreover, limiting the conduct of a meeting is an interference with the freedom of assembly and this cannot be justified unless they meet the requirements of article 11, paragraph 2 of the European Convention on Human Rights, and namely “No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.”  In the same order of ideas, it is not by chance that the ombudsmen have raised concerns about the restrictions imposed by police officers on the freedom of assembly. On April 10, 2011, about 200 employees of the Ministry of Internal Affairs were supposed to protest against government reforms on the central square Piata Marii Adunari Nationale, but the event did not occur because the MIA employees had been warned by their superiors about the inadmissibility to exercise their right of assembly.

Moreover, under Article 10, paragraph 1 and Article 11 of the Convention, any person has the right to freedom of expression, freedom of peaceful assembly and freedom of association. Both the freedom of expression and the freedom of assembly know limits as well, that are dictated by the situation or the profession of the people. Given that the text of the Convention may be interpreted separately from its jurisprudence, the Court stated in several cases that any restriction shall be assessed depending on the circumstances. As such, some people have more responsibilities than others. These are civil servants, members of the armed forces and of the police. The made restrictions must be justified by exact circumstances and to be necessary for the remedy of the damage according to the situations presented in o Article 10, paragraph 2 and Article 11 of the Convention . In the case Rommelfanger (1989), the European Commission on Human Rights stated that the States have a positive obligation to ensure that the exercise of the freedom of expression by a state official is not subject to restrictions that would affect the content of this right. Even in the case when one accepts the existence of a category of state officials with special “duties and responsibilities", the restrictions on their right to freedom of expression must be examined under the same criteria that apply in determining interference in the freedom of expression of others.

Moreover, the content of any message that the organizers of the meetings want to express is not a reason to consider it outside the scope of Article 11. The Court declared that the freedom of assembly guaranteed by Article 11 shall be considered in the light of Article 10, protection of opinions and freedom to express them is one of the objectives of the freedom of assembly .
In case the restrictions of the exercise of the rights guaranteed by Article 11, paragraph 1 attack the members of the administration, they are not related to paragraph 2, but the second sentence of Article 11, paragraph 2. The sentence imposes any restriction on the exercise of the right of association or meeting only in terms of "legitimacy". The European Commission has defined this notion, deciding that in order  to be "legitimate", within the meaning of the second sentence of Article 11, paragraph 2, the restrictions should at least comply with the national law and be exempt from arbitrariness, i.e. they must have a very precise legal basis and be applied in accordance with this. In these circumstances, the elimination or imposition of certain restrictions to policemen, as a social class, from the exercise or the exercise of the constitutional right to assembly is a flagrant infringement of a fundamental right enjoyed by every citizen of the Republic of Moldova, including the policemen; citizens are equal before the law. In addition, the restriction of the right of freedom of expression and assembly for certain categories of citizens, does not mean deprivation of the contents of this right, but it is equivalent, practically, to a limitation of the given fundamental right, which cannot be exercised, as we noted above, in other way than under Article 54, paragraph (2) of the Constitution.

The national legislation in force, in particular the provisions of Article 362-370 of the Labour Code, governing the establishment of restrictions on enforcement officers, who secure public order, legal order and state security, on court judges, on employees of military units, organizations or institutions of the armed forces, only in regard to their participation in strikes, which should be a voluntary refusal of the employees to perform all or part of their work obligations, in order to solve the collective labour conflict broken out in accordance with the law in force. The protest that the employees of the Ministry of Internal Affairs followed to undertake should not be interpreted as a strike.Based on these concerns, the ombudsmen express their disagreement with imposing any limits, restrictions, pressures, conditions or restraints in the exercise of the right to freedom of expression and assembly of the policemen and call for the exclusion in the future of such practices that jeopardize the institution's image as a specialized body responsible for developing, promoting and implementing the state policy related to legality, public order, civil protection and the protection of citizens’ rights and freedoms.
No. 63-XIV of June 25, 1998

Pursuant to the Law "On Privatization Program Throughout 1997-1998", the Parliament adopts this ordinary law.
Article 1. - To approve the Concept of Privatization of Electricity Sector Enterprises, drafted by the Government, and which is integral part of this law.
Article 2. - By October 1, 1998 the Government shall present individual privatization projects for electricity sector enterprises. The projects shall include sources and ways of debt repayment.

Chairman of the Parliament                                                                                 Dumitru DIACOV


      Concept of Electricity Sector Enterprises Privatization

This Concept envisages privatization of eight electricity sector joint-stock companies, according to the Law on Privatization Program for 1997-1998:
•"CHP-1";
•"CHP-2";
•"CHP-Nord";
•"Electricity Distribution Networks," Chisinau municipality;
•"Electricity Distribution Networks - Center";
•"Electricity Distribution Networks - North";
•"Electricity Distribution Networks - North-West";
•"Electricity Distribution Networks - South".

The Concept proves the necessity of restructuring and privatization of the mentioned enterprises, sets the goals, strategy and methods of privatization.

I. Current Status and Need to Privatize


The crisis in the electricity sector was entailed by the following factors:
a)low level of collection of payments for consumed electric power, generating consequent growth of accounts receivable, mostly belonging to the budgetary organizations and institutions, agricultural sector enterprises, housing and utility services;
b)excessive accounts payable of the former state-owned company "Moldenergo" (exceeding one-third of the country annual budget), especially for gas (80% of company's accounts payable);
c)the majority of payments for electric power are done through barter transactions and offsets (60-65% of total amount of transactions), that significantly reduces the actual value of payment collections;
d)the tariffs for electric and thermal energy, both for the residential and business consumers, not covering the costs, necessary for ensuring economic viability of the electricity sector. This factor, along with the low level of payment collection, technical losses and electricity thefts, have led to the situation, when the debts, not covered by accounts receivable, are exceeding two-thirds of the total
debt;
e)the actual electricity tariff is much lower than the established one, due to the numerous social benefits, provided to various consumer categories;
f)technical losses and electricity thefts from the network (accounting for Vi of total supplied energy), because of the use of obsolete equipment (60% of equipment is in operation for more than
22 years), because of failure to take the measures for continuous maintenance of the equipment, and due to the insufficient level of monitoring and control over the electricity consumption;
g)lack of transparent financial management and accounting systems, making possible hidden losses;
h)frequent changes of the electricity tariffs due to social and political considerations;
i)political decisions, limiting the possibility of electricity sector enterprises to cut off the non- payers, and consequently putting obstacles for implementation of normal commercial practices;
j) inactivity of the State Company "Moldenergo" management in terms of reducing expenses and costs of electric and thermal energy.

The solution of the problems related to the electricity sector efficiency is only possible in conditions of its complete restructuring and transparency for the competition, attracting investments and providing incentives for them. These goals can be reached by means of restructuring and privatization of the respective enterprises, already started in 1997.

During 1997 the electricity sector was decentralized and corporatized.

The State Company "Moldenergo" was subdivided, using the functional principle, into the following enterprises:
•3 enterprises - joint-stock companies, whose main line of business is electric and thermal energy generation ("CHP-1", "CHP-2", and "CHP-Nord");
•5 enterprises - joint-stock companies, specializing in electricity distribution and sales ("Electricity Distribution Networks", Chisinau municipality, "Electricity Distribution Networks Center", "Electricity Distribution Networks North", "Electricity Distribution Networks North-West", and "Electricity Distribution Networks South");
•State Company "Moldtranselectro", comprising high-voltage networks, dispatch center, and Costesti Hydroelectric Power Station, is responsible for establishing and maintaining the balance of electric energy and capacity in electricity system, transportation of electric energy to the distribution companies and to consumers; and military state enterprise "Scutul Energetic", Chisinau municipality;
•6 enterprises - joint-stock companies, providing auxiliary services. Privatization of these enterprises is carried out based upon the standard projects, in accordance with the procedure established for the enterprises included in Annex 1 to the Law on Privatization Program for
1997-1998.

Corporatization of the former State Company "Moldenergo" subdivisions envisages the new commercial relations between the agents of the energy market. The relations shall be regulated by the National Agency for Energy Regulations in accordance with the existing legislation.

II. Privatization Goals and Methods

Privatization provides for the possibility for faster renovation of the electricity sector. It also guarantees a reliable and efficient electricity supply to the consumers at reasonable prices determined by competition.
The main goals of electricity sector enterprises privatization shall be:
a)obtaining the maximum funds necessary for the state;
b)ensuring the energy security of the country, increasing the reliability and quality of the energy products and services;
c)attraction of foreign and local investments for rehabilitation and growth of the enterprises;
d)increasing the efficiency of energy sector operations and management by implementing
management practices and opening sector for the competition.

Privatization strategy for the electricity sector enterprises shall be determined by the final goals and based on international experience in this area.

Privatization shall ensure long-run economic efficiency of the electricity sector and shall guarantee rendering high-quality service. At the same time it will enable attraction of necessary resources and management experience, that will result in increase of the country energy security.

Privatization of the electricity sector enterprises shall be conducted through the open one-stage international investment tender. All enterprises shall be offered simultaneously in groups or separately. Such organization of the tender is dictated by the following factors:
a)limited time for privatization (prolongation of the privatization process shall incur reduction of the enterprises price because of continued aggravation of their financial situation);
b)minimum organization costs of the tender (organization of a multi-stage tender shall require considerable costs, which will reduce the financial outcome from privatization).

The strategic investors shall be offered packages of shares with the voting right with the size exceeding 50% + 1 share. Given the financial and technical condition of the enterprise, strategic investors shall be offered various degrees of participation in the statutory capital according to the individual privatization projects.

In the individual privatization projects, developed by the Department of Privatization and State Property Administration, as well as in the draft licenses for operations in the electricity sector, there shall be indicated the strategic investor's experience in this area, his liabilities in terms of the size of the investment during future years, diversification of energy resources, ecology, etc. The requirements shall be equal for all tender participants, bidding for an enterprise share purchase.

The Department of Privatization and State Property Administration shall ensure the procedure of share ownership conveyance under the existing procedure.

The reasoning for privatization in given proportions shall be:
a)increase of interest among foreign investors, by offering them the rights of financial and managerial control over the enterprise;
b)offering local investors the possibility to purchase shares of the enterprise by means of public offer;
c)increase of confidence in the enterprise, and as a result - increase of its shares value due to the attraction of foreign investment;
d)    assignment of risk to strategic investors.
Shares of electric power sector enterprises, offered for sale at least once before, but not sold out, can be sold upon decision of the tender committee through direct negotiations.

[last paragraph modified by Law No. 1046-XV as of 8.05.2002]

III. Main Types of Privatization Activities
Main types of privatization activities shall be conducted by the Government or by its authorized institutions using the international technical assistance.

1.Preparation of Enterprises for Privatization

As to increase viability of the electricity sector and improve the efficiency of privatization, the joint-stock companies shall be restructured in terms of management, human resources, marketing, payment collection systems, and information systems. Restructuring shall be conducted by the Department of Energy and Fuel and Energy Resources.

As to receive maximum revenue from privatization the Government shall restructure the debts of the enterprises, whose shares will be offered for privatization.

Such restructuring shall be conducted prior to assets evaluation of enterprises.

2.Regulatory Framework

The electricity sector enterprises shall not be of interest to strategic investors until the regulatory framework is established, including tariff policy principles.

The National Agency for Energy Regulation is the regulating body in the electricity sector. The electricity sector enterprises shall operate on the basis of licenses, issued by the Agency, and stipulating main conditions of their activity.

Tariff policy is pursued by the National Agency for Energy Regulation and is based upon the methods of calculating the costs of electric and thermal energy and calculating the tariffs for these types of energy, approved by the Agency for a three-year period.

The fixed tariff level shall allow the electricity sector enterprises cover their production costs, ensure sufficient profit rate, and to make provisions for debt payments. The tariff structure for various consumers categories shall consider the evaluation of marginal costs for a long-term period (proportionality principle).

Regulatory documents, constituting the regulating basis, including the tariff policy principles, shall come into force prior to completion of enterprises' assets evaluation.

3.Tender Committee

The tender committee shall be created by the Government, in accordance with the existing procedures, not later than August 15, 1998. The tender committee shall comprise:

•1 Representative of the Parliament;
•2 Representative of the Government;
•1 Representative of the Ministry of Finance;
•1 Representative of the Ministry of Economy;
•2 Representatives of the Department of Privatization;
•1 Representative of the Department of Energy.

[item 3 modified by Law No. 379-XV as of 19.07.2001]


4.Enterprise Assets Evaluation

The evaluation of assets of joint-stock companies subject to privatization shall be conducted by the Department of Privatization and State Property Administration. The assets market value shall be determined by applying the method of discounted cash-flow and also by at least two of the following methods: ratios, cash multiplier, comparative transactions, net value of the assets, replacement costs, salvage value, book value. The evaluation methods for each enterprise shall be specified in the individual privatization projects.

5.Preparation of Tender Documents

The Department of Privatization and State Property Administration shall draft the tender documents and information memorandum within one month starting from the date of approval of individual privatization projects.

The information memorandum shall incorporate the information regarding the enterprise development strategy, including capital investment, necessary for its re-equipment, modernization and expansion, on main objectives of the enterprise, existing contracts, on the spheres requiring improvement and other information.

Draft licenses for operation in the energy industry shall be also included into the tender documents package.

6.Marketing Activity

Concurrently with the documents preparation the Department of Privatization and State Property Administration shall carry out marketing activities to determine the potential investors and establish contacts with them. At the same time, the Department shall provide investors with the information on the privatization processes, organizational structure, regulatory framework and other data, relevant to the functioning of the electricity sector and respective joint-stock companies.

Along with the marketing activity the draft contracts for sale/purchase of the shares shall be prepared.

Marketing activities shall start from the date of this Concept approval and will last until tender announcement.

7.Pre-qualification

The open international invitation shall be distributed to potential bidders, followed by the selection of investors on the basis of some specific criteria. The selection criteria shall be clearly stipulated in the invitation and shall include financial capabilities and work experience in this domain.

8.Clarifications (Information)

Strategic investors shall have the right to visit enterprises, whose shares are offered for sale, to verify the existing data and information. Rules of inspection shall be approved by the Government or by the body, authorized by the Government.

9.    Bids Evaluation and Negotiations

The term for submission of bids is three months from the date the tender is announced.
Bids compliance with the tender terms and conditions shall be checked by the tender committee.
Selection of bids shall be based upon the price for the package of shares offered for sale.
Evaluation of bids and negotiations shall conducted within two months after the bids submission deadline.

Payment for shares shall be done pursuant to the procedures set forth by Article 17, item (5) of the Law on 1997-1998 Privatization Program.



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