Law on State Border of the Republic of Moldova

Chapter I - GENERAL PROVISIONS

    Article 1. Object and purpose
    (1) This Law regulates legal, organizational, administrative and other, deficiencies in the establishment, maintenance and insurance arrangements border.
    (2) The purpose of this law is to determine the system of state border control regimes state border and border crossing points to secure the state border on land, sea and airspace.
    (3) This Law shall extend to Moldovan citizens, aliens and the businesses.

    Article 2. Border of the Republic of Moldova
    (1) Border of the Republic of Moldova is natural or conventional line marking the limits outside of the territory over which the Republic of Moldova exercises exclusive sovereignty on land, water areas, groundwater, air and passing in a straight line, from a sign border to another time where the state border is not marked on the ground with border signs, from a point of coordinates to another. On rivers and other waterways of the state border is established by the treaties concluded by the Republic of Moldova with neighboring countries, observing the principle of international law, under which the state border passes in the middle of the main fairway, and the rivers non navigable on the middle of арă canvas.
    (2) state border is established and modified by an organic law, in accordance with international treaties to which Moldova is part of the observance of generally recognized principles and norms of international law.

    Article 3. General concepts
    In this law, the following terms used to mean:
    travel document - any document that grants the right to the border crossing of persons and vehicles provided by the regulations in force and international treaties to which Moldova is a party;
    border water - flowing or standing water portion crossed the State border;
    nominal instruction - information about the person who, in accordance with the law, not allowed to enter or exit to / from Moldova, which is introduced national integrated information systems;
    border control - activities at the state border, and for other purposes under this Act, in response exclusively to an intention to cross or the act of crossing the state border and border surveillance and control is passing border;
    control in the second line - additional control persons (including body) of documents and luggage, which can be performed in a special place apart from the place of control in the first line, as laws in force;
    border crossing - check by crossing the state border to ensure that persons, including means of transport and objects in their possession, may be authorized to enter or leave the territory of Moldova;
    border corridor - a strip of land located on both sides of the state border, established under treaties signed by Moldova with neighboring countries in order to mark the state border with border signs;
    demarcation of State - designate, in accordance with material boundary, the border line in the land border signs down;
    strip of state border protection - strip of land, starting from inside the state border line, to maintain in good state border, border protection signs and providing access control near the state border;
    maintenance of the state border - work to create conditions necessary for maintaining the state border regime;
    border traffic - crossing the state border of Moldova and neighboring states by residents in the border area of ​​a country intending to remain in the border area of ​​the other State for a period of time, in accordance with bilateral agreements in this respect;
    Navigation - activities related to the use of ships on waterways to transport cargo, passengers and their luggage, postal correspondence, for towing vessels and other floating, for the exploration, research and extraction of minerals planning works fairway, hydrotechnical works , technical diving and other works of this kind, for the riding and riding through the ice, rescue work, to achieve the objectives of water protection measures, protection against pollution and flooding, for refloating sunken property, scientific research, the study activities, sports and recreational facilities.;
    leisure craft - using boats and other floating on the border waters for sporting or tourism;
    guard the state border - part of the state system to ensure security of Moldova, one of the forms of national defense;
    crossing - any place organized and authorized by the Government for crossing the state border;
    state border regime - all the regular maintenance and crossing the state border by persons, vehicles, state border crossing of goods and other property within the band of protection, as well as settlement border incidents;
    regime crossings - rules for entry, stay and exit of persons and / or transport and course of business rules and other crossing points;
    border regime - rules for entry, stay and exit of persons and vehicles, recording, maintenance and use of floating, hunting, fishing, grazing and recreation, the course of business and other interests in border area and water border area;
    border sign - construction engineers for field marking the state border;
    aquatic space frontier - overall total internal water border and border waters;
    border surveillance - monitoring the state border crossing points and surveillance between crossing points outside the fixed hours of program to prevent avoidance of crossing controls;
    border area - a territory established over land and water sectors in the border state border depth, width of 10 km, the purpose of providing surveillance and border control.

    Article 4. Principles of border control
    Republic of Moldova, the border control organization, is guided by the following principles:
    a) national and international security;
    b) multilateral mutually beneficial cooperation with foreign states;
    c) mutual respect for sovereignty, territorial integrity of states and indestructibility of borders;
    d) inviolability of state borders;
    e) an amicable settlement of border incidents;
    f) the rights and fundamental freedoms.

Chapter II - Drawing STATE BORDER AND MARKING

    Article 5. Mapping and marking the state border
    (1) State boundary is established in the treaties concluded by the Republic of Moldova with neighboring countries in the overall work of the Joint Committee of the state border demarcation and marked the land border with signs clearly visible. Treaty on State Border tracing and marking the land shall be ratified by Parliament.
    (2) state border is drawn:
    a) land - the distinctive lines of relief;
    b) the water sector - a straight line or curve broken by a border sign to another, as follows:
    - The areas waterways - the middle of the river or in the middle of his arm, the middle of the main fairway or thalweg of the river;
    - The sectors non navigable - usually on the axis joining the points of exit of the state border the shores of the middle basin of water or water basin cloth.
    (3) state border crossing on the border waters and no change to change their contour banks or the water level or to shift their beds to one side or the other, if Moldova and neighboring countries agree otherwise.
    (4) On bridges, hydraulic structures crossing the border waters, the state border is drawn through the middle of these buildings or their technological focus, regardless of the state border on the water.

    Article 6. Signs of border strip border protection
    (1) Shape, size, color border signs and their installation procedures are established by the Government based on the demarcation documents.
    (2) For setting up border signs border corridor. Land border corridor are part of the public domain. Border corridor width shall be agreed through treaties concluded by the Republic of Moldova with neighboring countries.
    (3) Divide the state border protection is established inside the state border and has a width of 15 meters. In the border waters or near their seats in forest areas and wetlands are lands where or under erosion and landslides, strip the state border protection may be established by a greater width. Divide the state border protection is state property and granted the use of Border Police, indefinitely, in accordance with the law. Divide the state border protection is determined and marked by the Border Police. Files of the State Border Protection, Border Police may install technical means of surveillance of the border.

Chapter III - BORDER CONTROL SYSTEM

    Article 7. The notion of control system border
    (1) border control system is coordinating all activities and conducting border surveillance throughout the Republic of Moldova, and border control, information exchange activities, cooperation in combating cross-border organized crime, analysis and finding of threat and risk. Border control system ensures state border policing in the border and checkpoints to perform checks on persons, vehicles, goods and other property and to ensure the inviolability of state borders and its infrastructure.
    (2) land border control and border waters is performed by the Border Police. The limits established by this Law and other relevant legislation, border control can be performed in the Customs service.
    (3) additional rules on border control is established by the Government in accordance with this Law and other laws. Specific rules on border control is established by the Border Police.
    (4) In exercising the powers of border control, if necessary, border guards have the right to use force, special means and firearms of equipment in accordance with the regulations in force.
    (5) the purpose of maintaining state security and public order, border guard may send state security bodies or law enforcement personal data on passengers and other information for processing it in accordance with the law.
    (6) Border Police may collect data on persons and vehicles crossing the border under control, to be directly stored in filing systems and maintained in accordance with the law. To this end can be used technical devices and other than the ones recorded.
    Article 8. Border surveillance
    (1) Border surveillance means monitoring by means of static or dynamic segments of the state border crossing points for the purpose of prevention, detection, and research finding illegal actions at the state border and to combat cross-border crime, and is a complex operational and service activities (security, monitoring, observation and control), coordinated and planned time and space on purpose, which can be executed using modern electronic devices and service dogs.
    (2) the purpose of carrying out border surveillance fixed and mobile units are used, which carry out their duties by patrolling or at places with high risk. The number and activity methods are adapted existing or foreseeable risks and threats.
    (3) Border surveillance is conducted in a manner to prevent and deter illegal activity at the state border control and avoiding crossing.
    (4) Under international treaties may be authorized jointly patrolling the state border by border control national subdivisions and those of neighboring states.

    Article 9. Border crossing
    (1) border crossing is a complex of measures carried out by the Border Police - to authorize the border crossing of people and vehicles, the Customs Service - to authorize the state border crossing of goods and other goods and the other control bodies established by law.
    (2) The purpose of combating illegal migration, organized crime, smuggling, international terrorism and other crimes, border guards have the right to inspect goods and other goods. Except for crossings where these activities are carried out by customs authorities, within the limits set by law.
    (3) during the border crossing can use technical means and devices necessary. Also crossing the border area and other areas along the state border can install audio recorders, video cameras and other recording media. Information obtained through technical and electronic devices can be used for service purposes only.

    Article 10. State Border Guard
    (1) In the event of armed aggression against the Republic of Moldova, the Armed Forces of the state border guard made in accordance with the laws on national defense.
    (2) state border guard airspace shall be conducted by the National Army Air Force in accordance with the law, and is monitoring airspace in peacetime and in crisis situations, the purpose of detecting violations State border airspace and to suppress them. Border police cooperation with the National Army Air Force includes the exchange of information on all aircraft flights (aircraft) at low altitudes and flight planned in the border area.
    (3) Performing the State Border Guard, National Army Air Force applies, as provided by law, weapons and combat equipment on the aircraft using the airspace of the Republic of Moldova unauthorized.

Chapter IV - BORDER REGIME

Section 1. Border regime, maintenance state border

    Article 11. General
    (1) The state border is composed of a set of rules and measures under this Law and established in accordance with this law and the rules and principles of international law relating to:
    a) maintaining the state border;
    b) the border crossing by persons, vehicles, crossing the state border of goods and other goods, taking off and landing aircraft, entering, finding and leaving ships and other floating aquatic frontier in space;
    c) economic activities and other state border;
    d) handling of incidents related to violation of the border regime.
    (2) In ports and airports open to international traffic, the surface platforms, buildings and related facilities are subject to the border regime.
    (3) Rules of construction, operation and repair of communication, including electronic, hydraulic construction, crossing the state border by land or water border is established by the Government, observing the treaties of the Republic of Moldova neighbors.
    (4) state border regime may restrict activities that prevent or disturb the order of border surveillance and border security state such as the use of firearms and explosive substances, works near the state border, hunting and fishing, grazing locks, lighting and open fire. Rights, obligations and restrictions unforeseen border regime in this law or international treaties established by the Government.
    (5) The breach of the border regime forced the state border crossing by persons and vehicles on land, unintentional entry in the border waters of ships and other floating craft, forced flight in the airspace of the Republic of aircraft and other aircraft, made in the following cases of force majeure: accident, accident, natural disaster, navigation in ice conditions, need for transportation of persons saved, providing emergency medical assistance to crew members or passengers, and in other cases of force majeure.
    (6) If a danger of spreading infectious diseases particularly dangerous in Moldova or another State, another event that may endanger the life or health of the population, by the decision of the Border Police, the Customs Service and other supervisory bodies established by law, if necessary - the administration of ports and airports across the state border traffic may be temporarily limited or suspended. Those authorities may establish quarantine regime for people, animals, seeds and seedlings, as well as other products. Inform those authorities urgently crossings, interested bodies and neighboring countries created an exceptional situation and the measures taken.

    Article 12. Maintenance of state border
    (1) maintenance rules state border treaties agreed by the Republic of Moldova with neighboring countries. In these are specified measures necessary to maintain proper border signs, checking their border corridor maintenance, verification, together with its neighbor, the state border line. Documents together with the results of checks of the State border line, which does not require amendments, approved by the Government.
    (2) Border Police provides clean vegetation corridor and border strip of the state border protection, security, maintenance and repair of border signs, replacement, according to treaties signed by Moldova with neighboring countries. Activities shall be done within the time limits set out in those treaties.

Section 2. Border crossing of persons, means of transport crossing the state border of goods and other goods

    Article 13. General
    (1) Persons and means of transport entering or leaving to / from Moldova can cross the State border, and goods and other goods to be introduced or removed from the Republic of Moldova can be transported across the state border crossing points only during working hours.
    (2) The procedure set out in para. (1) does not apply to aircraft crossing the airspace of the Republic of Moldova without calling.
    (3) Notwithstanding the provisions of par. (1), the Border Police may be allowed exceptions to the obligation to cross the State border crossing points only under international treaties to which Moldova is party to cases under this law or other acts legislation. It also may be allowed exceptions to the obligation to cross the State border crossing points only:
    a) for pleasure boating;
    b) for seamen in the port down the coast where their vessels are anchored or adjacent settlements;
    c) for individuals or groups of individuals where there is a need of an extraordinary nature and are in possession of documents for crossing the state border and there is no conflict of interest related to state security and public order;
    d) for individuals and groups of people, in exceptional circumstances.
    (4) In the treaties of the Republic of Moldova with neighboring states, state borders can be crossed through border border traffic and crossing points in one common set of states.

    Article 14. Peculiarities of border crossing state
    (1) Vessels and other floating of Moldova and other countries sailing and crossing the state border waters under international treaties to which Moldova is party.
    (2) Aircraft arriving in Moldova and cross the state border to calling will navigate to an airport open for international traffic under the procedure.
    (3) Loading and unloading of cargo and other goods and the embarkation and disembarkation of persons to / from trains, ships or aircraft in the sector located between the border crossing point and the state are prohibited. This prohibition shall not apply to save human lives in emergencies.
    (4) The master, commander of the aircraft, people, if forced crossing the state border, are obliged to notify forthwith the nearest subdivision of Border Police and act as directed.

    Article 15. Conditions for crossing the state border
    (1) Approval of state border crossing is to recognize the legality of border crossing by persons, vehicles, crossing the state border of goods and other goods.
    (2) basis for the authorization of state border serve valid travel documents provided by the law on exit and entry into Moldova, on aliens in the Republic of Moldova and other documents prescribed in the regulations.
    (3) may be allowed exceptions to the provisions of par. (1) under international treaties to which Moldova is party. The treaties with neighboring countries can be established simplified way of crossing the state border by Moldovan citizens and citizens of neighboring states.
    (4) Approval of state border crossing by persons, vehicles, crossing the state border of goods and other goods provides for border control, customs control and other controls established by law.
    (5) In case of occurrence of emergency, rescue and recovery parties of other countries crossing the state to locate and liquidate these situations, as determined by the Government and the international treaties to which Moldova is party.
    (6) At the border, train control, train and aircraft are made in facilities and vessels is carried out ports.

    Article 16. Movement of weapons and ammunition
    (1) introduction to and removal from the territory of the Republic of arms and ammunition by natural or legal persons are admitted only under permit or special permit issued in accordance with the law.
    (2) attendants foreign delegations to the Heads of State or Government and other foreign dignitaries enjoying protection may enter, carry and use weapons in Moldova defense and protection under the law on the status of firearms and ammunition with destination civil.
    (3) Approval of the State border by military units and subunits of the Republic of Moldova or of another state, as well as arms, ammunition, combat equipment and military cargoes are carried out under international treaties to which Moldova is part and the law on the status of foreign military force in Moldova.

    Article 17. Specific entry in Moldova
    (1) In exceptional cases, at the request of the border police to justify entry into the Republic of Moldova, foreigners may be one of the following documents:
    a) for business travelers:
    - An invitation from a company, organization or institution;
    - Documents confirming an economic interest (eg attorney, employment contracts, tickets or invitations to exhibitions);
    b) travel for study or other training:
    - A document proving enrollment in an educational institution or other training;
    - Student card or certificate of course attendance;
    c) tourist travel or personal reasons:
    - Tourist voucher;
    - Supporting document on hotel accommodation, the invitation from the host address will be recorded as guest accommodation;
    - Confirm reservation for a trip organized site or any other appropriate document indicating travel plans will be undertaken;
    - Return ticket or circuit;
    d) for journeys undertaken for political, scientific, cultural and sporting events at religious or other purposes: invitations, tickets, programs to be included, where possible, name the host organization and length of visit or any other appropriate document indicating the purpose of the visit;
    e) to travel in order to embark on board, disembarkation and repatriation of crew members - the identity of seafarers.
    (2) The Government will determine where the border guard has the right to request justifying the purpose of entry in Moldova.

    Article 18. Making the switch control border
    (1) border crossing is carried out by border guards together with customs officers.
    (2) The harbor crossing, border control port captains participating representative and other persons authorized by law. The airport checkpoints at the border inspection, if necessary, a representative of the airline involved.
    (3) border crossing is performed before the border crossing or immediately after its passage. To exit the country, control is performed before crossing the state border crossing and the direction of entry, border control is carried out before crossing the state border or immediately after its passage. Border crossing can be made otherwise in accordance with the treaties signed by Moldova with neighboring countries.
    (4) Under international treaties to which Moldova is party, the Government may establish simplified procedures for border crossing of certain categories of people.
    (5) The identification of the transport and use of State Population Register and State Register of Transport. Biometric identification of Moldovan citizens who leave the EU Member States are governed by electronic data contained in the passports.

    Article 19. Border guards and compliance ethical rules to make border crossing
    (1) The decision to authorize the person crossing the State border border guards take it.
    (2) Border guards are properly trained and specialized professionals.
    (3) Border guards wearing uniforms and badges or badges that identify them.
    (4) Any action taken during the border crossing will be consistent with the objectives of that.
    (5) border crossing is conducted with full respect for human dignity, irrespective of race, nationality, ethnic origin, language, sex, religion, opinion, political affiliation, wealth or social origin.

    Article 20. Minimum control and detail
    (1) When tested at the border, all persons and vehicles must undergo a minimum to establish their identity in the presentation of travel documents. Minimum checks imply the verification, quick and immediate, using appropriate technical means and by consulting the relevant databases, information on stolen documents held without right, lost or canceled, the validity of travel documents which authorizes the holder legitimate cross the state border and the presence of signs of falsification or counterfeiting.
    (2) The minimum check in para. (1) the rule for Moldovan citizens. During the minimum controls, border guards may consult national databases to ensure that those persons are not a genuine, present and sufficiently serious national security and public order. It is considered a real threat to state security and public order situation which was introduced a nominal confinement.
    (3) If necessary, citizens of Moldova and means of transport registered in Moldova will be subject to thorough checks.
    (4) For foreign entry includes detailed examination to verify the conditions of entry and, when appropriate, the documents authorizing residence and the pursuit of professional activities. Detailed examination includes a detailed examination covering the following aspects:
    a) verify that the alien meets the conditions of entry and residence in the Republic of Moldova;
    b) complete research travel documents with the purpose of detecting signs of falsification or counterfeiting;
    c) review the entry and exit stamps affixed to travel documents to verify that the person has not overstayed his stay in Moldova, the purpose being Information System Integrated Border Police, approved by the Government;
    d) check point of departure and destination, purpose of entry and checking other accompanying documents;
    e) verification that the person, means of transport and objects which they contain poses no danger to state security or public order. This test involves direct consultation and information about people and the black face, if necessary, objects placed in integrated information system of Border Police and other national and international databases and actions to be taken, if indicated, following a nominal confinement.
    (5) For foreign control output detail in the following matters:
    a) verifying whether the person is in possession of a travel document valid for crossing the state border;
    b) verification of travel documents including visas or residence permits legally, to detect signs of falsification or counterfeiting;
    c) check whether the person is not considered a threat to state security and public order;
    d) review the entry and exit stamps on the travel documents used to verify if the person has overstayed his stay in Moldova, the purpose being Information System Integrated Border Police;
    e) consultation with the black face on persons and objects included in national and international automated information systems.

    Article 21. Control of second line
    (1) Foreign control in the second line are informed about the purpose and procedure for making such a check. This information is available in major languages ​​in the language of the Republic of Moldova has common state border and also contain the statement that the alien may request to be the name and identification number of border police carrying out such audits , name the crossing and when the state border was crossed.
    (2) The decision of the border guard or at the request of, thorough checks are carried out in a separate room.

    Article 22. Control and transit of persons no documents
    (1) The person who arrives at the crossing point without identity documents shall be declared a citizen of the Republic of Moldova and seeks to enter the country and is authorized border crossing following its identification. If you can not identify the person in the other documents and data in information systems, it is retained under Contravention Code of the Republic of Moldova. Person is authorized border crossing if it turns out that it has Moldovan citizenship. Otherwise, the person is removed from the Republic of Moldova under the legislation on aliens in the Republic of Moldova, which is recorded in the Integrated Information System for Border Police. Conditions and procedure for identifying the person is determined by the Border Police.
    (2) Persons in transit are not made control of travel documents that do not leave the airport transit area, unless you require special performance of this control. The provisions of this paragraph shall also apply to ports and shipping.

    Article 23. Stamping crossing documents state border
    (1) valid documents for crossing the state border of foreigners are systematically stamped on entry and exit to / from Moldova. Entry and exit stamps shall apply:
    a) border crossing documents state containing a valid visa and allow foreigners to cross the state border;
    b) border crossing documents state that allow foreigners, dissenters requirement to be in possession of a visa to cross the state border.
    (2) stamps shall not apply to:
    a) documents the state border crossing of Heads of State and dignitaries whose arrival has been officially announced, in advance through diplomatic channels;
    b) Drivers licenses or certificates of aircraft crew members;
    c) travel documents of seamen and passengers' travel documents included in the list of passengers of ships for a particular itinerary, according to a schedule in advance, which includes tourism activities in the various ports and, in principle, board and not disembark passengers during the journey;
    d) Republic of Moldova citizens' passports;
    e) documents state border crossing for other people by the Government.
    (3) For purposes of security and privacy protection at the request of the alien, the stamp may be waived if it would create difficulties. In this case, entry or exit is recorded on a separate sheet where indicated name and passport number. Sheet is handed alien. That the failure to stamp shall be recorded in the Integrated Information System for Border Police.
    (4) Moldovan citizens and foreigners for the stamping of travel documents is not compulsory may require stamping their border guards.
    (5) The procedure for stamping, sheet model and the conditions and procedure for issuing the sheet are determined by the Border Police.

    Article 24. Refusal of entry and exit to / from Republic of Moldova
    (1) Persons and vehicles not meeting the conditions of entry or exit to / from Moldova only be authorized border crossing.
    (2) Refusal of entry or exit is available under the law and is based on a decision taken by the border guard, which must include reasons. Reasoned decision is issued as a standard form approved by the Border Police and border guards completed its decision. Completed standard form is handed to the person concerned. Border Police into the Register of persons for which was issued a refusal of entry or exit to / from Moldova.
    (3) The person was not authorized entry or exit to / from the Republic of Moldova has the right to appeal the decision in court as required by law. To this end, the person is given the contact details of the Lawyers Union can provide information on representatives competent to act in the interest of.
    (4) an appeal against the court decision does not suspend enforcement of refusal. If the court annuls the decision of refusal, the person will correct any changes in travel documents used in connection with the execution of the decision of refusal and that he authorized border crossing.
    (5) The person was not authorized border crossing is required to immediately leave the crossing point, this Noting the Integrated Information System for Border Police and integrated automated information system on migration and asylum.
    (6) Nothing in this Article limits the application of special provisions on right to asylum and international protection.

Section 3. Economic activities and other State Border

    Article 25. Economic activities and other State Border
    (1) economic activities and other state border, including the use of frontier waters by natural and legal local and foreign states, made at a distance of 15 meters from the border state and related its passage shall not:
    a) harm health, security of Moldova and other countries or to contain the threat of such damage;
    b) prevent maintenance and border surveillance.
    (2) The activities referred to in para. (1) are coordinated with the Border Police, in accordance with international treaties to which Moldova is a party, with the law and rules of crossing the border. In obtaining the locations will be coordinated, as appropriate, during the crossing of state activities, and identification number of participants, vehicles, mechanisms and instruments of production.
    (3) Maintaining the proper state border waters and take the necessary measures to prevent the intentional destruction of their banks is done according to the treaties concluded by the Republic of Moldova with neighboring countries.
    (4) On border waters navigable ships have the right to navigate freely on the main fairway, no matter the state border on it. Other navigation aids are allowed to sail on the border waters only up to the state border and only during the day. At night and in poor visibility, they must be moored to its shore. Navigation in the border waters of warships has been based on widely accepted principles of international practice and law.
    (5) All means of navigation in the waters of the border must have: ships - the flags, the name or registration numbers of their craft - the flags or symbols of state flags at the stern or bow and their registration numbers. Names and numbers must be clearly visible from both sides. At night, the vessels must signal the presence of navigation lights.
    (6) The rules of operation and maintenance of bridges, railways and roads, telecommunication lines, water that crosses the state border or have common axis that are established by treaties concluded by the Republic of Moldova with neighboring countries.

    Article 26. Specific rules on fishing hunting, forestry, subsoil and environmental protection
    (1) border water fishing is allowed until the state border, in accordance with the law.
    (2) hunting on the state border, the border corridor and strip the state border protection is prohibited. Pulling a gun and track animals across the state border are prohibited.
    (3) harvesting wood products near the state border shall be in accordance with the law. If due to natural phenomena or when logging out trees fall across the state border, the Border Police to take measures for their transport within the State of origin.
    (4) works of prospecting and exploitation of the subsoil is made in compliance with the legislation in force at a distance of at least 20 meters from the border state except fairway maintenance works.

Section 4. Handling of incidents at the state border

     Article 27. Settlement of border incidents state
     (1) For ensuring compliance with the state border and to resolve incidents at the state border, the Border Police and other authorities to designate representatives border. Regulation on the work of the border is approved by Government.
     (2) The settlement of border incidents is established by the treaties concluded by the Republic of Moldova with neighboring countries, this Law and other regulations.
     (3) problems and incidents by border representatives shall be settled through diplomatic channels.
     (4) Representatives of the border may be included in the composition of interstate commissions whose work is directly linked to the state border.

Chapter V - BORDER AREA TREATMENT

    Article 28. General
    (1) The border area is set in the border area for the purpose of providing border surveillance. The border area is marked by signs and information panels with inscriptions.
    (2) border regime rules include:
    a) entry, stay and departure of persons and vehicles;
    b) registration, maintenance and use of floating;
    c) Hunting, fishing, grazing and recreation;
    d) development of economic and other activities in the border area and aquatic area border.
    (3) Specific rules of border regime approved by the Government under this Law.
    (4) In the border, border guards can move freely on foot or by transport provided.

    Article 29. Entry, stay, leaving people and vehicles in the border
    (1) Republic of Moldova citizens and foreigners can enter and can be freely in the border area where restrictions are not provided.
    (2) In the border area and in areas near its border guards have the right to control the transport of persons and identity documents.
    (3) Access to the border area may be restricted to people with criminal records for people who have previously violated the state border regime and border regime and others who can not justify the need to stay in the border area or are harmful to state security or public order. The decision to restrict access in the border area can be challenged in court of competent jurisdiction as provided by law.
    (4) Persons who travel or carry out various activities in the border area are prohibited:
    a) to shoot a gun in the state border;
    b) to damage or destroy border signs, installations or technical means of surveillance and border control;
    c) to produce or extend fire protection within the strip of the state border;
    d) carry out activities that may pollute water, air or soil in the border area and in the border waters;
    e) to fix on paper or other media files to play portions of the territory of neighboring states;
    f) objects to exchange correspondence over the state border than elsewhere in the law for this purpose;
    g) bear unauthorized calls over the State border.
    (5) The restrictions referred to in para. (4). e)-g) applies only where they are provided the state border treaties signed by Moldova with neighboring countries.
    (6) Pursuant to a reasoned decision, the Border Police may temporarily limit access to the border area and inform the public authorities and stakeholders.

    Article 30. Granting access to the border
    (1) To authorize access to the border, people will have the permit issued by the Border Police. Permit is not required for:
    a) persons who reside permanently in the border area or in areas whose boundaries are located in that area;
    b) persons traveling on roads that cross the border;
    c) public authorities and local employees working in the border area.
    (2) Border Police issued permanent and temporary permits. Permanent license is issued for a period of at least one year for those working constantly, and for people who have property in the border area, but do not have a residence there. Temporary permit is issued for a period of up to one year, persons requesting access to the border.
    (3) Border Police may refuse permit:
    a) they have been introduced to enhance border surveillance;
    b) in case of emergencies occurring in the border area;
    c) if the person has a criminal record or has previously violated the state border regime and border regime.
    (4) Border Police canceled the permit in case of tampering or misuse it.

    Article 31. Records, maintenance and use floating
    (1) floating registered under the laws in force in aquatic space frontier, stationed in places determined by port captains or, where appropriate, local authorities, with the Border Police, taking measures to owners them to prevent their illegal use.
    (2) Border Police issued permit holders floating established model. Exit and return means floating / Location points are made by notifying the Border Police. The permits and rules of finding the means floating in the border area is approved by the Border Police.
    (3) In the case of recreational boating rules itinerary and travel in the border waters are agreed with the Border Police.

    Article 32. Hunting, fishing, grazing and entertainment in the border area
    (1) hunting along the state border to a depth of 500 meters from State border to the interior, is prohibited.
    (2) organized hunting in the border area to the limit under par. (1) is allowed only during daylight, with prior approval of the Border Police, observing the rules and restrictions set by law.
    (3) Fishing in the border area is allowed only during the day, with prior approval of the Border Police, observing the rules and restrictions set by law.
    (4) livestock grazing is permitted under environmental legislation in areas established by local authorities and with the border police, during the day - up to strip the state border protection, and at night - the at least 500 feet from it.
    (5) sports and recreational activities in waters near the border and can be conducted with the approval of the Border Police.
    (6) In exceptional circumstances, the activities referred to in para. (2) - (5) may be temporarily prohibited by the Border Police.

    Article 33. Businesses and other border area
    (1) Except settlements, economic activities and other border area are coordinated with the Border Police.
    (2) To authorize access to the border area has a copy of the registration certificate or another document attesting the establishment entity or organization, a copy of the document to enable work, list of employees, to which are attached copies on their identity documents.
    (3) The authorization may be canceled if the agent or its employees violate border regime.

Chapter VI - CROSSING POINTS SCHEME

    Article 34. General
    Crossings regime consists of all rules and measures established by law, which includes the following components:
    a) establishment of crossing points and rules of conduct and other economic activities;
    b) rules for entry, stay and exit from the crossing of persons and vehicles.

    Article 35. Establishment crossings
    (1) decision to open or close the crossing points approved by the Government, in accordance with the treaties concluded by the Republic of Moldova with neighboring countries.
    (2) opening of the crossings shall be made after construction, equipping and commissioning of buildings, rooms and buildings under the project approved by the Border Police in the Customs service and other appropriate services. In developing projects must be provided rooms and buildings necessary for carrying out border control, customs control and other controls.
    (3) crossing points must be arranged so as to enable the effective, simple and cost control at the border.
    (4) costs of design and planning of international and interstate crossings are borne by the Government and of the local - the local government.
    (5) list of the crossings, including those that border control is performed by one of the responsible control and procurement of technical rules shall be approved by the Government.
    (6) crossing work jointly subdivisions Border Police and Customs Service and other supervisory bodies established by law, making control and responsibility, within its competence, the border crossing of persons, means of transport, goods and other goods, as well as smooth running of their traffic. Border Police and Customs Service coordinates the activities of all services in accordance with this Law and within their competence, take final decision on approval or refusal to state border.
    (7) Administration stations, ports (piers), airports (aerodromes), other businesses and organizations, authorizing border crossing, assign, free of charge, the authorities mentioned in para. (6) rooms needed and special places, including amenities, service performance, ensures adequate facilities and organizational measures, that controls the border crossing to be made in accordance with this law. Crossings must be equipped with devices to distinguish between internal and passengers of other passengers. Governments specified in this paragraph shall provide for employees of Border Police, the Customs Service and other supervisory bodies established by law, adequate office space and sufficient parking and free access to those facilities, and transport devices free for their tasks in the competence of this administration, timely and free of charge to provide information necessary for control border crossing.
    (8) Border Police and Customs approved rules for making technological control checkpoint. The crossing points located within the stations and ports, technological rules are coordinated with their administration. Name, area, specific activity and opening hours of the crossing point which is open 24 hours is displayed at the entrance in a prominent place.
    (9) Any activity not crossing against the current law, except for border control and customs control, are coordinated with the heads of subdivisions Service Border Police and Customs, freeing it for this purpose allowed. Crossing located at railway stations and ports, permits are issued by their government, with the heads of subdivisions of the Border Police and Customs Service. Conditions for issue of license approved by the Government.
    (10) Organic Border Police and Customs Service airports should not contradict the normative acts regulating air transport facilitation and aviation security.
    Article 36. Color crossing the state border
    (1) the purpose of streamlining the state border traffic, checkpoints are created in separate lanes. Lanes will be distinguished by clearly visible signs, including where to stop using lanes. Conditions to create categories of persons and traffic rules established by the Government by color.
    (2) Upon the occurrence of an imbalance in traffic at a crossing point, the rules relating to the use of different color can be suspended by the Border Police and Customs for a period of time necessary to eliminate that imbalance.

    Article 37. The rules for entry, stay and exit to / from the persons crossing and vehicles
    (1) The rules for entry, stay and exit to / from the crossing of persons and vehicles on the public and exposed panels informational checkpoints. Specific rules for border control regime for certain types of state border, certain categories of persons, vehicles approved by the Government.
    (2) Entering the crossing of persons, vehicles, and introducing goods and other goods are coordinated with the Border Guards.
    (3) Out of people crossing points, means of transport and export of goods and other goods are coordinated with the border police and customs officers after the border crossing and the customs.
    (4) Entry and exit of ships and other floating of ports are coordinated with the port captains and heads of divisions of Border Police, Customs Service and other supervisory bodies established by law.
    (5) The crossing points, information service and other public information must be recorded manually or electronically. Public information is displayed on information boards.

    Article 38. Stopping at the ports of persons and means of transport
    (1) parking places and during the crossing of persons and vehicles are established by border guards and customs officers, and those at ports and airports - and their administration.
    (2) Movement of persons and vehicles crossing points are coordinated with the border guards and customs officers.
    (3) Access to transport persons and premises, during the performance of border control and other controls, is limited and if necessary, is prohibited.
    (4) boarding / disembarking passengers, loading / unloading of baggage, mail, freight and other goods vehicles are coordinated with the border police, customs officers and representatives of other supervisory bodies established by law and in ports and airports - and with the consent of their government.
    (5) The driver of the shipment, and others who cross the state border are obliged to leave the control track and not change parking place without the border police or the customs officer.
    (6) Persons crossing points are required:
    a) have and provide upon request, valid travel documents and other documents required when crossing the state border;
    b) provide, upon request, access to border guards and customs officers to control vehicles, ships, aircraft and their registration documents;
    c) to inform the border guards and customs officers on possession of weapons, ammunition, explosives, narcotics and psychotropic substances, radioactive and other goods for import or export of which required special permit;
    d) provide, upon request, information, written or verbal, about the need stay at the crossing point and justifying the purpose of travel;
    e) to go under the line, information signs and instructions to border guards;
    f) to meet other legal requirements of border guards and other authorities.

    Article 39. The order of crossing the state border
    People and vehicles are checked at the border crossing under the line. Can be checked without all the following categories:
    a) children up to 3 years and persons accompanying them;
    b) injured or sick people requiring urgent medical assistance, the person accompanying them, including health workers;
    c) holders of diplomatic passports;
    d) State or departmental official delegations, organized groups of children and tourists, if the Border Police was informed 24 hours before their arrival;
    e) pedestrians, except for crossing port and airport, if otherwise provided in international treaties;
    f) persons crossing the border with international route buses, emergency medical vehicles, vehicles carrying animals or people crossing the state by bicycle;
    g) persons transporting perishable goods and other goods for emergency transportation. List of goods is determined by the Government;
    h) persons participating in search and rescue operations;
    i) other persons, in cases established by international treaties to which Moldova is party.

    Article 40. Relaxation of controls when crossing border
    (1) border controls can be subject to relief products exceptional and unforeseen circumstances. As circumstances are considered exceptional and unforeseen events that cause an increase in traffic, that waiting time at crossing point becomes excessively long, and staffing resources have exhausted the possibilities and organization.
    (2) In case the relaxation of border controls under par. (1), are priority controls at border entry. If the relaxation of border controls, will be at least minimal control.
    (3) The decision to relax border controls take the head of the crossing. Relaxation of controls is temporary, adapted to the circumstances justifying it and introduced gradually.
    (4) If relaxing border controls, border guard shall stamp travel documents in accordance with Art. 23.

Chapter VII - SECURITY MEASURES IN SUPERVISION AND CONTROL IN BORDER CROSSING

    Article 41. Specific Obligations of carriers
    (1) Carriers shall submit the Border Police, up to the start of border control, information concerning the passengers to transport them and the staff serving the route list. This information must include:
    a) number and type of travel document;
    b) citizenship;
    c) name, surname, patronymic;
    d) date of birth;
    e) crossing;
    f) transport code;
    g) time of departure and time of arrival;
    h) the total number of persons carried;
    i) initial point of embarkation.
    (2) The procedure and requirements for communication and information processing of the carriers is determined by the Government.
    (3) Failure, sending incomplete or erroneous information provided in paragraphs. (1) by carriers punishable offenses.
    (4) The carrier is obliged to destroy the information collected and sent to the Border Police within 24 hours after arrival of the person in Moldova. After passengers have entered, corrupt border police within 24 hours after transmission, unless such data will be needed later for the exercise of statutory powers.

    Article 42. Liability
    Violation of the border regime, border regime, the regime of crossing points and other rules established by this law, other legislation in the field, involve civil or criminal legislation in force.

    Article 43. Data processing personal
    (1) The registration of persons who have crossed state or identification procedure can be collected and stored following personal data:
    a) name;
    b) date and place of birth;
    c) address;
    d) citizenship;
    e) number of travel and its validity;
    f) the identification number of the person according to the travel document;
    g) place, time and crossing the border.
    (2) Data collected under par. (1) to store observing the legislation on personal data protection.
    (3) government authorities who process personal data in the border control shall, in accordance with legislation, organizational and technical measures to protect personal data against destruction, alteration, suppression, copy, spread, and and other illegal actions.
    (4) Border Police, Customs and other control bodies established by law, provide personal data subjects, free realization of the rights they hold as the subjects of personal data.

Chapter VIII - FINAL AND TRANSITIONAL

     Article 44
     Government, within six months:
     a) Submit proposals to bring legislation into conformity with this Law;
     b) bring its legislation in conformity with this law.
     Article 45
     This law comes into force on July 1, 2012.
     Article 46
     The entry into force of this Law, Law no. 108-XIII of May 17, 1994 on the border of the Republic of Moldova (Official Gazette of the Republic of Moldova, 1994, no. 12, art. 107), as amended and supplemented, is hereby repealed.







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