Law on Border Police

Chapter I - GENERAL PROVISIONS

     Article 1. Purpose and Scope
     (1) This Law shall regulate the duties and Border Police operation, financing and logistics of its legal status and social protection of border guards.
     (2) Border Police is the government body, the Ministry of Interior, which exercises the powers and implements state policy in the field of integrated border state of illegal migration and cross.

     Article 2. Legal
     Border Police operate under the Constitution, this Law and other normative acts and international treaties to which Moldova is party.

     Article 3. Basic principles of activity
     Basic principles of Border Police activity are: legality, impartiality, respect for human rights and fundamental freedoms, continuity, combining methods and intelligence, combining single-and collegial management methods, decentralization, cooperation, transparency, personal responsibility, professionalism.

     Article 4. To the Ministry of Internal Affairs
     Interior Ministry supervises and coordinates the Border Police, develops and promotes the State Border Police activity in combating illegal migration, perform other duties provided by law.

Chapter II - STRUCTURE AND ORGANIZATION BORDER POLICE

     Article 5. Structure and limit the Police Border
     (1) Border Police is as follows:
     a) Border Police Department;
     b) regional directorates of the Border Police;
     c) College of the Border Police.
     (2) Regulation Department of Border Police, personnel and organizational structure of the Border Police is approved by the Government, proposed by the Minister of Internal Affairs.
     (3) The units referred to in para. (1) are legal and have treasury accounts.
     (4) Regional Border Police Departments can be placed so that their location does not correspond to administrative-territorial organization of Moldova.
     (5) Border Police is headed by Head of Border Police, appointed and dismissed by the Government, proposed by the Minister of Internal Affairs. Border Police Chief has two deputy.
     (6) Deputy Heads of the Border Police Department are appointed and dismissed by the Minister of Internal Affairs on the proposal of the Chief Border Police.
     (7) Regulation, structure and number of units specified in par. (1). b) and c) is approved by Head of Border Police.
     (8) Border Police has its own symbolic approved by the Minister of Internal Affairs.

Chapter III - DUTIES, RIGHTS, DUTIES, RESTRICTIONS AND PROHIBITIONS OF POLICE BORDER

Section 1. Duties and rights

    Article 6. Border Police Powers
    (1) The supervision and control of state border, the Border Police:
    a) ensure preventing the illegal change in land state border;
    b) ensures that the border regime, border regime and the regime and public order in crossing the state border;
    c) carried out in collaboration with other public administration authorities, as required by law, border control and authorizes the state border between Moldova and the people and vehicles;
    d) provide evidence, including automated, persons and vehicles that crossed the state border;
    e) does not allow entry into and exit from the Republic of Moldova of persons and vehicles which, by law, are prohibited from entering Moldova, which do not qualify for entry in Moldova are limited or temporary right to withdraw in Moldova;
    f) participate, as required, to ensure the rule of international law at the border, the conclusion of treaties on border issues and the representative border activity;
    g) participate, within its competence, to implement the International Health Regulations;
    h) issue visas in exceptional cases, crossing the state border in accordance with law.
    (2) In the fight against illegal migration and cross Border Police:
    a) ensure, within the limits, prevention, detection and fighting illegal migration and other border crimes related to illegal movement of people and vehicles, establishes offenses related to illegal stay of aliens and illegal crossing of state border by persons and vehicles, made special investigative measures;
    b) applying the measure of interdicting the entry of foreigners to Moldova, in accordance with law;
    c) ensures control over migration crossing the state border.
    (3) promoting the policy on combating illegal migration, integrated border management and state management information systems of record keeping, the Border Police:
    a) participate in developing and implementing reform policies;
    b) participate in drafting laws and other normative acts of the activity, approved departmental regulations;
    c) manage and develop integrated information systems, collect, store, process, preserve and exchange information with other authorities in the execution of its duties;
    d) cooperate with local authorities and central government, other institutions, regardless of its ownership and legal form of their organization;
    e) provision in the law, health and public services, including release information on border crossing by persons and vehicles and other services in areas established by the Government;
    f) ensure that the conventions, treaties, agreements and protocols signed remit between Moldova and other states, communities, states, international or regional organizations;
    g) ensure cooperation in specific fields of activity, with similar agencies of neighboring states, other countries or communities of states under agreements to which Moldova is a party;
    h) coordinates, the Customs service, public authorities work in integrated management of the border.
    (4) In exercising his duties, Border Police shall:
    a) prevent the state border crossings by persons who do not have valid documents or who violated the laws governing entry, exit, transit and residence in the Republic of Moldova;
    b) retain, for the responsible authorities, the wanted persons if they evade criminal prosecution or punishment and retain people in other cases provided by law;
    c) provide authorization state border, including a simplified and conditions established by treaties with neighboring countries and laws;
    d) to ensure authorization by the state border formations rescue and recovery for emergencies caused by major accidents, disasters or natural calamities, as provided by international treaties to which Moldova is party and acts regulations in force;
    e) to accompany transport and to place these patrols to exclude the possibility of embarkation / disembarkation of the persons before or after the inspection;
    f) stop, control and retain transport to prevent breach of the state border, border regime or the regime of crossing the state border in the area of ​​jurisdiction, and in border operations - and outside this area.
    (5) To ensure the fulfillment of tasks of preventing and combating cross-border crime, including trafficking, illegal migration, illegal crossing of state border smuggling (points outside the state border crossing), forgery and fraudulent use documents, border police, within the limits set by law, notes and examine offenses, take expert legal documents, performs special investigative measures.
    (6) Border Police perform their duties under the limits of border crossing points and border.

    Article 7. Rights Border Police
    (1) In exercising his duties, the Border Police is entitled:
    a) to examine documents of persons and vehicles required for border crossing and make the necessary entries in them. Invalid documents presented to the control and the non-owner are high. High unused documents to the commission of a crime or offense shall be forwarded to the issuing bodies or owner under the law. Documents used in committing an offense or offenses are raised in accordance with the Code of Criminal Procedure and the Code contravention;
    b) technical engineers to build facilities for surveillance purposes and the state border crossing, install special communication network to locate and use technology, weapons and other means on land assigned by law;
    c) to use electronic means of communication and transport in the possession of persons, with further compensation, as provided by law, expenses or damages caused. Exception of telecommunication and transport means which are owned by diplomatic missions, consular offices and representations of international organizations in Moldova;
    d) in exceptional cases, to require owners and beneficiaries of land in the border area access for traffic patrols;
    e) to temporarily limit the execution of any works in the border area in case of endangering the interests of the Moldovan state border, except for activities related to eliminating the consequences of natural disasters or particularly dangerous infectious diseases and inform the local authorities and other competent authorities;
    f) to impose temporary restrictions or prohibit the movement of people and vehicles, not to allow their land while some border operations;
    g) to determine, together with the units concerned, regardless of its ownership and legal form of organization of their place and while standing at the passing vehicles to international traffic, which ensures the movement of passengers and goods;
    h) keep records of persons, vehicles and factual data necessary to ensure the border regime, border regime and the regime of crossing the state border for these purposes and information systems;
    i) require the carriers, as established by the Government, inspection of documents previously crossing the state border and the transmission of advance passenger information in accordance with the law on state border;
    j) to request and receive free from the public authorities, individuals and legal information of interest for his work;
    k) to use for work, in accordance with law, state media outlets for information transmission;
    l) to hold the encryption service and departmental networks, digital broadcast, to participate in the creation and operation of networks providing interstate and inter-digital transmission;
    m) to work with citizens to obtain information about the breach of the state border regime and border crossing regime in the state border;
    n) to organize and operate the border, and to conduct information-analytical, preventive measures to ensure integrated management of the state border;
    a) retain the water in the Republic of Moldova border and escort to the nearest port (keys) or other non-military vessels of foreign terms that violated the state border regime if they commit a hostile act against the Republic of Moldova, made illegal loading / unloading of persons, loading / unloading and other goods in places prohibited, illegal fishing practices, harvesting, wood products and forest products accessories, other prohibited activities, carried out discharges of harmful substances, waste and materials, if crew or other persons on ships damaged border signs, navigation facilities, other objects or objects underwater surface property of the Republic of Moldova. Retained foreign non-military ships are delivered, as required by law, authorized representatives of those states or are expelled from the Republic of Moldova's border waters, or are seized under a judicial decision;
    p) to carry and use weapons of endowment and special funds, to use force, to use animals for work in the manner prescribed by law;
    q) to take action against illegal crossing the state border of goods and other prohibited or restricted goods crossing, according to law;
    r) conduct scientific research, to form working groups of contributors and invited experts for their conduct and acts for the development of priority issues;
    s) to send, as established, public authorities, individuals and legal proposals to eliminate the causes and conditions that favor committing offenses related to competence;
    t) to draw, on a voluntary basis, the performance of individuals and legal duties, and to stimulate their activity under the laws of special investigation. Criteria and methods of stimulation is determined by the Minister of Internal Affairs in accordance with law;
    u) to negotiate and conclude, according to law, contracts and agreements with individuals and legal issues within its competence.
    (2) use the Border Police of the rights referred to fulfill functions not provided by law not permitted.

    Article 8. Professional rights of police border
    In accordance with the duties and powers of the Border Police, border guard has been in office the following rights:
    a) know their rights and duties;
    b) to make decisions and participate in drafting decisions within its competence;
    c) use, in accordance with law, means and methods specific to the Border Police for the purpose of obtaining information to ensure fulfillment of duties;
    d) have, within its competence, access registers, databases, information systems and other documented information, directly or through an appropriate interface;
    e) use identification documents and other coverage documents issued by the Border Police Department;
    f) to improve training of border police provided the funds for this purpose;
    g) to advance according to his training, intellectual capacity, evaluation results and other criteria for assessing the activity of border guards;
    h) consider the opinions and other documents relating to the business, except those related to security checks and other documents, knowledge of which may prejudice the security or interests of the Border Police which it collaborates with confidence, to explain to be attached to the personal;
    i) to challenge the information that it violates the rights, honor, dignity and professional reputation, including to request a service inquiries in this regard;
    j) to receive protection and assistance provided by this law.

    Article 9. Collaboration
    (1) To ensure effective discharge of duties, the Border Police is working with specialized central public administration, with local government, with law enforcement and other institutions, regardless of its ownership and legal form of organization them, as required by law.
    (2) Border Police shall, in the border area, need assistance with activities authorized control bodies in the field of public health, environmental and assurance in environmental security.
    (3) Border Police working with responsible authorities in the field of combating illegal migration, monitoring and control of state border, exchange of information of foreign states and international organizations, under international treaties to which the Republic Moldova.
    (4) Border Police cooperate, within its competence, the diplomatic missions and consular offices, the authorities of other states, delegates officials or border guards about them as provided by law.
    (5) Border police cooperation agreements with the authorities and institutions with responsibilities in the field of integrated border.
    (6) Border Police can participate in missions and special operations in accordance with international treaties concluded by the Republic of Moldova. Border Police participation in international missions and operations approved by the Government.
    (7) In addition to border police coordination center can be created at national, regional and local levels to ensure joint organization of border operations, information sharing and other activities necessary to execute their duties.

    Article 10. Provisions regarding the use and protection information, including data personal
    (1) For the efficient execution of its duties, the Border Police is entitled to collect, process and store information about people and vehicles crossing the state border, create and use their own information database, to use bases data from other units in accordance with the laws on personal data protection.
    (2) Border Police, within the limits set by law, is entitled to process personal data.
    (3) Border Police provides data protection against destruction, loss, unauthorized access to it.

    Article 11. Transparency of
    (1) Border Police official information gives individuals and businesses in the law. Right to information may be limited in accordance with the law on access to information.
    (2) Transparency of border police activity is achieved through collaboration with civil society, by placing the public information media and official web page of the Border Police Department and in accordance with law on transparency in decision making.

Section 2. Obligations, restrictions and prohibitions

    Article 12. Obligations
    (1) The border guard shall:
    a) to observe the Constitution and laws of the Republic of Moldova, human rights and fundamental freedoms;
    b) to act with competence, responsibility and commitment to ensure public order and safety, protection and promotion of national values ​​and interests of the Republic of Moldova, including in terms of threat to life, health and property;
    c) made oath to respect the rules of conduct;
    d) to be disciplined and vigilant, to show initiative and perseverance, to devote competent work performance, integrity, fair and conscientious duties of office prescribed by law;
    e) the principles, rules and specific rules work;
    f) to protect state secrets and other information with limited access, the secret source for obtaining them, to keep secret activity;
    g) to continuously improve training;
    h) have to report on incomes and property in the manner and under the law;
    i) to declare any gift, directly or indirectly, receives about exercising;
    j) to know and maintain the statutory status of technical and equipment resources, to preserve and effectively manage the entrusted assets;
    k) to show solicitude and respect for every person, especially to vulnerable groups;
    l) to be respectful, courteous and fair relationships with bosses, peers, subordinates;
    m) to assist colleagues in carrying out their duties;
    n) inform the chief superior and competent authorities on corruption committed by other border guards, which became known facts;
    a) to occur with dignity in relation to the consideration and confidence imposed by border police profession;
    p) ensure, in skills, accurate information to citizens on public information and their personal interest.
    (2) The border guard is forced to come to work under the work program and beyond, in duly justified cases, for exercising their duties, with compensation of time worked under the law.
    (3) In the event of catastrophe, disaster or major disturbances of public order and safety or other such situations, the border guard must report immediately to the Border Police unit, announcing directly on its head.
    (4) The establishment of emergency or state of siege or in case of mobilization and war, the border guard act according to law.
    (5) In case any of the situations referred to in para. (3) and (4), the border guard who is in another location come to the nearest Border Police, informing his superiors about it.
    (6) Upon release from service, the person is required to keep state secrets and other information of limited accessibility, the secret sources of information and activities. This obligation to maintain secrecy over the information, based on legislation.
    (7) The border guard is working in the interest and support individual, community and state institutions, solely on the basis of the law and with the principles of impartiality, non-discrimination, proportionality and gradualism.
    (8) Relations between police officers and representatives of operating at the border is based on collaboration and mutual support to the qualitative performance of their duties.
    (9) When appealing to road users or to other people, the border guard is required to appear. The border guard at the point of crossing the state border has card containing information on name, function, and his picture. Wearing the badge requirements are established by the Department of Border Police.

    Article 13. Restrictions and prohibitions
    (1) The border guard may publicly, only in accordance with the Border Police Department, information and data collected in exercising their duties or make comments on such information and data is not violated if the presumption of innocence is not violated right to own image, dignity, privacy, family or private person and not be affected interests and / or security.
    (2) The border guard should not use for personal confidential data obtained in his official capacity.
    (3) The border guard function can not be exercised for personal gain.
    (4) The border guard should not abuse their official capacity and compromise, through public or private activity, prestige office or authority to which it belongs.

Chapter IV LEGAL STATUS OF POLICE BORDER

Section 1. General

     Article 14. Border Police staff
     (1) Border Police staff consists of border guards, civil servants, civil employees and technical service personnel.
     (2) The service of civil servants and the employment of civilian personnel and technical service personnel are governed respectively by the law on civil service and civil servant status, the Labor Code and other laws.
     (3) Action Labor Code extends to the border guards only unregulated by law.

     Article 15. Status of the border guard
     (1) Within the limits established by law, the border guard is vested with powers during and in relation to exercising their duties.
     (2) The border guard on duty is found in the Immigration Officer and is under state protection.

Section 2. Hiring employees. Training

    Article 16. Conditions of Employment
    (1) The border guard function can be employed person who meets the following conditions:
    a) has reached 18 years and has full legal capacity;
    b) a national of the Republic of Moldova;
    c) possess the necessary studies and is suitable in terms of health;
    d) possess language.
    (2) may be registered in educational institutions specialized persons who reached the age of 17 years and meet the conditions listed in paragraph. (1). b)-d).
    (3) The border guard function can not be employed person:
    a) a member of a political party, paid activities, except scientific, educational, creative, has the other as incompatible with the status of border guards;
    b) has reached the age of 40 years;
    c) have criminal records, acts as a suspect, accused, indicted or convicted in connection with a crime;
    d) is deprived of the right to hold certain posts or practice certain activities, as main or additional penalty imposed by final judgment.
    (4) To run for the border guard, person, additional documents set out in Labor Code that are made at individual employment contract, and have criminal record.
    (5) The applicant is subject to special control as required by the Border Police Department, with the other authorities empowered by law.

    Article 17. Selection of candidates
    (1) To fill some functions can be employed specialists with appropriate education requirements specified in the job description and employment that meet legal requirements. List of functions for which employment is not required for school graduation profile approved by the Department of Border Police.
    (2) Admission to specialized educational institutions and employment is contest, which follows a procedure determined by the Border Police Department. The contest is made for persons employed by the transfer.
    Article 18. Hiring
    (1) Engaging in service shall be by order of appointment issued by the Chief Border Police or the person authorized by him in the individual employment contract. Border Police employees are given special ranks.
    (2) The employment service, border guard learns, upon signature, the rules of conduct of border police, the restrictions and prohibitions established.
    (3) In the first year, the border guard employee must attend a training course in specialized educational institutions established by the Ministry of Interior. Conditions following training courses are established by the Department of Border Police.
    (4) If the period of the activity or intervention studies one of the requirements of Art. 39, the person is released from service or is expelled, as appropriate. Where a student or border guard is under criminal investigation or the trial in connection with a crime, the decision of expulsion, that the release is taken as a final sentence.
    (5) Except graduates of educational institutions in the field and transfer of employees, hiring border guards shall receive a probationary period of six months. The probation period of stay not including border guards sick leave and other periods in which absent from work for good reasons, confirmed documentary.
    (6) At the end of the probationary period, the border guard to finalize the professional exam. The border guard who did not pass the test for completion is released from service.
    (7) conditions for the sample period and methodology for organizing and conducting the examination for completion in the profession are established by the Department of Border Police.
    (8) The management deal with competition, as determined by the Border Police Department.

    Article 19. Training
    (1) Border Police continued to provide training for border guards.
    (2) forms, the conduct and duration of continuous training of border police shall be determined by the Border Police Department.
    (3) training programs for students and students of educational institutions in the field provided, for the first year of study, full training course at the military department.

    Article 20. Individual labor contract
    Individual labor contract is concluded for an indefinite period and cease by law to reach the border guard age limit of stay in service under Art. 40.

    Article 21. Oath
    (1) On employment, the border guard following oath:
    "I, (name), swear to uphold the Constitution and laws of the Republic of Moldova, to protect and promote the values ​​and national interests of the country, to ensure border security of the Republic of Moldova, to defend the honor and prestige of the Border Police, to respect human rights and fundamental freedoms, committed to secrecy. "
    (2) Procedure for Filing of oath shall be established by the Department of Border Police.

    Article 22. Personnel file
    (1) For each border guard personnel to establish a record. Instructions for filling, storage and consulting personnel file shall be established by the Department of Border Police.
    (2) personal file contains information on positions held by border police career, advancement in special ranks and categories of qualifications, given incentives, disciplinary sanctions applied, statements of income and property, documents (or copies thereof) assessment work and other documents as determined by the Border Police Department.
    (3) The placing in the personal information of any political opinions, religious or any other border guards.
    (4) The border guard personnel file may consult, on request, be issued copies of existing documents that contain information not attributable to state secret, as provided by law.

Section 3. Awarding special award categories of qualification

    Article 23. Special Grades
    (1) Border guards fall into two categories of special grades as defined in relation to the necessary studies, as follows:
    a) NCO corps - for people with at least high school education or general secondary education;
    b) the officer corps - for people with higher education.
    (2) The Border Police established the following special ranks:
    a) the body of Officers:
    Sergeant-low;
    Sergeant;
    sergeant-major;
    sergeant;
    sergeant-major;
    NCO;
    b) for the officer corps:
    Lieutenant;
    Lieutenant-major;
    captain;
    Major;
    Lieutenant-Colonel;
    Colonel;
    Major General.

    Article 24. General Conditions of award Special Degrees
    (1) degree is conferred special border police taking into account the qualifications and training, particularly degree term in the previous finding, function and other conditions set by law.
    (2) special grade of major general is given by Presidential Decree at the proposal of Minister of Internal Affairs.
    (3) special ranks up to colonel including order is given by the Chief Border Police or the person authorized by him.
    (4) Heads of subdivisions under powers conferred special ranks established by the Department of Border Police.
    (5) The manner, form, content, presentation and special conditions for conferring degrees, except grade of major general, is determined by the Border Police Department.

    Article 25. Special awarding primary and successive
    (1) special degree lower primary sergeant or lieutenant person is given employment in service after graduating from educational institutions and appointment for this special degree that is provided.
    (2) The degree sequence is given special border police on the day of expiry of the finding in previous degree that has a function to set a level equal to or greater than that which is given.
    (3) If the study or stay in posting, especially the degree sequence is given for Border Guards provided that the function of which is suspended, according to the staff, provides a degree equal to or greater than that given. In other cases, particularly the degree sequence is given by appointment.
    (4) No special degree turn gives police the border:
    a) who is under investigation or trial in connection with a crime or investigation on which the service is performed;
    b) that is disciplined, up to raise the penalty;
    c) on probation.
    (5) In case of acquittal or sentencing investigation completion of service without disciplinary sanction, especially the degree sequence is given on the day conferring occurrence basis.

    Article 26. Periods of stay in special degree
    (1) Establish the following terms of finding the special degree:
    a) the number of Officers:
    1 year - the rank of sergeant-low;
    2 years - the rank of sergeant;
    3 years - the rank of sergeant-major;
    4 years - the platoon leader;
    5 years - the degree of sergeant-major;
    b) for the officer corps:
    2 years - the rank of lieutenant;
    3 years - the rank of lieutenant-major;
    3 years - the captain;
    4 years - the rank of major;
    5 years - the rank of lieutenant-colonel.
    (2) The terms of finding the special ranks of sergeant-adjutant and colonel are not established.
    (3) The period of stay in special degree is calculated from the date of conferral.
    (4) The term of stay in special degree of exercise include the term of service, including period of stay in the deployment, except as provided in par. (5). Also, this term includes firing times of service disruption for illegal prosecution and illegal issuance of service.
    (5) Within the border police in finding the specialty level includes:
    a) The period of stay in the prosecution and trial in connection with a crime - since the beginning until the final prosecution of the sentence;
    b) the period of demotion in rank particular stage.
    (6) special degree sequence including up to colonel may be given ahead of time once during high indices career in professional or substantial contributions to border security.
    (7) In cases referred to in para. (6), the border guard whose presence within the special degree expired can be given special rank one step successively higher level than required by position, but not greater than that of sergeant-adjutant for the number of NCOs and the colonel for the officer corps.

    Article 27. Evaluation and award activity categories of qualification
    (1) The border police and conduct are evaluated once a year, the conclusions set out in service evaluation, with ratings that grant.
    (2) Regulation on conditions, evaluation criteria and how the categories of qualifications conferring the border police are coordinating with the Ministry of Interior and Ministry of Labour and Social Protection and approved by the Department of Border Police. Border guards are set for the rating categories II, I and higher.
    (3) The conditions of selection, training and professional development of border guards approved by the Department of Border Police.
    (4) The evaluation results can be used to make the following decisions:
    a) the issue of inadequacy service functions performed, if the qualifier two consecutive unsatisfactory;
    b) appointment to another position (higher, equal, lower);
    c) sending border police to raise qualification.

Section 4. Functions of border guards

    Article 28. General
    (1) Border guards shall be appointed and dismissed according to specialty and qualifications.
    (2) powers, rights, responsibilities and relationships of subordination of the border police are described in the job description approved by the Head of Border Police or the person authorized by him.

    Article 29. Appointment, transfer
    (1) The transfer involves the appointment of the border guard, indefinitely, in another position within the Border Police and employment transfer to another public authority.
    (2) No transfer is sent away on business or border guard detachment. Moving for work is performed without the border police and allow a maximum of 60 days a year.
    (3) Persons related by family (parents, brothers, sisters, sons, daughters) or relatives by affinity (husband / wife, parent, brother, sister, husband / wife) can not be appointed to positions involving direct subordination or peer review. When this situation occurs, one of the border guards is transferred to another subdivision close to home, if possible.
    (4) Temporary performance of vacancies is available in cases and under conditions determined by the Border Police Department for a period not exceeding six months, setting the remuneration of the position held temporarily.
    (5) In case of transfer or dismissal from service or the teaching function is performed within 10 days, as required by the Border Police Department.
    (6) Border Police, on transfer to another permanent place for the exercise of service that requires moving to another location, shall be paid an allowance of transfer in the amount of base pay plus special degree growth and growth for age work, and for each family member - equal to 50% of basic salary also be compensated for transportation costs of property and personal possessions.

    Article 30. On duty
    (1) A year of service fulfillment functions provided by the job, this Law and other regulations.
    (2) The border guard is not considered in their duties, and pay for their insurance is not made in cases where an event occurred following insurance:
    a) committing socially dangerous acts provided by law;
    b) committing acts which are a consequence of voluntary consumption of alcohol, toxic substances or drugs;
    c) the act of committing suicide or attempted suicide, if these actions were not caused by a pathological condition or determine the actions of suicide;
    d) stay away from the place of deployment of subdivision - on vacation, on leave or leave without permission or to stay away from the place of deployment of subdivision;
    e) committing other acts that are not related to carrying out official duties.

Section 5. Suspension of service

     Article 31. Suspension of service
     Suspension of border police service may be effected by order of the Chief Border Police or the person authorized by him in accordance with Labor Code regarding the suspension of the individual employment contract.

     Article 32. Posting
     Posting can be done by decision of Parliament, Presidential Decree, the Government decision, order or by order of Minister of Internal Affairs Chief of Border Police, under an international treaty, to carry out functions in the interests of the organizations, institutions. Posting is done only with written consent of the border guard, a period in accordance with the Labour Code, under an individual contract concluded for a specified period.

Section 6. Work discipline

    Article 33. Incentives
    (1) border police officer may be conferred state awards of the Republic of Moldova in accordance with law.
    (2) The border guard may be stimulated by:
    a) early lifting of disciplinary sanction;
    b) expression of gratitude;
    c) prize money, with a valuable gift or honorary degree;
    d) awarding the badge, medal or honorable title;
    e) conferring special degree turn before term;
    f) special degree conferring successively higher degree than one step provided the position;
    g) registration in the Book of Honor of the Border Police.
    (3) Minister of Interior approves the Regulation on badges, medals and honorary titles and Regulation Book of Honor of the Border Police.
    (4) The application of incentives is determined by the Border Police Department.

    Article 34. Disciplinary
    It is considered disciplinary actions or omissions committed by border guards' fault, that violate the law, other regulations, restrictions and prohibitions established terms of individual employment contract, job description requirements, the Code of Ethics of the border guard.

    Article 35. The types of disciplinary
    The commission of disciplinary offenses, according to their severity and the degree of guilt, entail the following disciplinary sanctions:
    a) warning;
    b) reprimand;
    c) severe reprimand;
    d) demotion to a degree;
    e) demotion depending on the stage;
    f) dismissal from service.

    Article 36. Conditions of application of sanctions disciplinary
     (1) Disciplinary Order shall apply only after investigation and after consulting the Disciplinary Board regarding disciplinary misconduct cases and the conditions set by the Border Police Department.
    (2) In considering a disciplinary offense, police officers and recorded hearing of his claim are required.
    (3) conclusions concerning the investigation of misconduct, the resulting data and indices that have been committed offenses, the prosecution shall be submitted for consideration.
    (4) The border guard on duty investigation that takes place is entitled to know full investigation materials, to request and / or present evidence in defense.
    (5) In the Board of Discipline, the border guard has the right to be assisted by another border policeman or a lawyer.
    (6) The disciplinary sanction to take account of previous work by the border guard, the circumstances surrounding the disciplinary offense was committed, the causes, severity and consequences, the degree of guilt and concern for eliminating the consequences offense committed.
    (7) Disciplinary sanctions shall be applied within 30 days of the investigation service, but not later than six months from the date of the offense. Period of stay in the annual leave, study leave or on sick leave and during their criminal proceedings are not taken into account.
    (8) For a single disciplinary apply disciplinary one.
    (9) disciplinary sanctions provided in Art. 35 points. d)-f) applies only to the disciplinary board's proposal.
    (10) investigation of the procedure, the application of disciplinary sanctions and resolution of complaints is determined by the Border Police Department.
    (11) does not preclude disciplinary sanction criminal, administrative or material.
    (12) The border guard has the right to challenge disciplinary sanction in accordance with the legislation on administrative law.
    (13) Where is the border guard against criminal prosecution and he was indicted, maintaining its activity is decided after the issuance of the final judgment, unless the border guard and disciplinary offenses committed when apply normal disciplinary procedure.
    (14) If it was ordered or payment of charges and prosecution for termination on grounds of rehabilitation, the border guard is restarted all prior rights, the compensating them and that was private during the suspension from office.

    Article 37. The term of validity and increase the disciplinary sanction
    (1) disciplinary sanctions provided in Art. 35 amounts of law after a period of six months from their date of application, unless lifting prematurely. Disciplinary sanctions provided in Art. 35 points. a)-c) amount without issuing the order.
    (2) Disciplinary sanctions can be lifted as a stimulus to demand border police, the head of her immediate management initiative or at the Border Police.

    Article 38. Disciplinary Board
    (1) On the Border Police Department is the Board of Discipline and the regional directorates are the Disciplinary Board.
    (2) disciplinary councils are established and functioning under the heads of. Their decisions are advisory.
    (3) Disciplinary Board operates under a regulation approved by the Department of Border Police.

Section 7. Release from service

    Article 39. Release from service
    (1) Issuance of border police service is performed in the following cases:
    a) resignation;
    b) reaching the age limit to stay in service;
    c) determining the inability to work because of health, established by decision of the medical committee;
    d) transfer to another public authority;
    e) carry out reorganization measures, by reducing the staff, if it is impossible to police the border appointment to a position equal to that held and if he refuse to be called a lower deck;
    f) the restoration work, according to court decision, the person who performed this work before, if the border guard permutation or transfer to another job is not possible;
    g) occurrence as specified in Art. 29 para. (3), if transfer to another border guard division is impossible;
    h) concealing or occurrence of facts that prevent hiring employees, even if this occurred later;
    i) obtaining two consecutive unsatisfactory qualification the evaluation;
    j) break (a failure) by the border guard of the studies necessary safeguards in special grade held;
    k) Failure to pass the intermediate examination or graduation initial vocational training;
    l) a sanction of dismissal from service;
    m) violation of restrictions or prohibitions under this Act;
    n) conviction by final judgment for a crime;
    a) failure of the probationary period;
    p) the death of the border guard or declaring it disappeared.
    (2) Issuance of service shall be by order of the Chief Border Police or the person authorized by him, issued under the signature. The border guard is required to meet its functional requirements by the date indicated in the order of release.
    (3) The resignation shall be made within 14 calendar days from the time of the basis for his resignation. Start time running the day following the day on which the resignation was recorded.
    (4) The border guard is dismissed from service after the handover function, pay him the all the salaries, including compensation and benefits established by law.
    (5) The head unit, his deputy and chief financial subdivision entitled to resign, announced that, by request in writing, a month before.
    (6) If, after the deadlines specified in par. (3) and (5), the border guard was not actually removed from office and shall continue not to reaffirm in writing to terminate the employment contract, his release is not allowed.
    (7) No Dismissal border police during his stay sick leave, the annual leave, on leave of study, maternity leave, the partially paid leave for child care until the age of 3 years, on leave unpaid childcare aged 3 to 6 years, from state or public obligations and during deployment, except in cases of liquidation of the unit.
    (8) is not allowed to resign border police during a state of emergency, siege or war.
    (9) said border guard died or disappeared is released from service after finding that fact.
    (10) Upon issuance of the border guard of the grounds under. (1). a) if not entitled to a pension, and paragraph. (1). h) a), it pays the amount outstanding of the uniform.
    (11) The border guard who was expelled or graduated from an educational institution or training of Border Police account service relationships that have ended in the first 5 years of reasons attributable to him is required to repay expenses proportionally related to the remainder of his training up to five years, according ended commitment in this regard.

    Article 40. Age limit for being in service
    (1) age limit for being in the border police service is established for 50 years for the body of NCOs and officers, except officers special grade of major general for this age is 60 years.
    (2) In the interest of service, border guard who has reached the age of being in service by the medical committee qualified as fit for duty, and which proves a high professional competence, established by decision of the evaluation committee, with agreement his decision Border Police Chief and may prolong the stay in service for up to five years.
    (3) contracts out of service beyond the age of being in service for a term ending 1 year.

Chapter V - LEGAL AND SOCIAL PROTECTION POLICE BORDER AND MEMBERS OF THEIR FAMILIES

Section 1. Rights and guarantees

    Article 41. Rights and fundamental freedoms
    The border guard their rights and freedoms of citizens of Moldova, with the restrictions provided for in this Law and other laws.

    Article 42. Admission service
    (1) The border guard is identified with the business card that has a registration number. Card types and models approved by the Department of Border Police.
    (2) confirming service ticket status and border police powers, including the right to bear arms.
    (3) Upon release from service, and the period of suspension from office, the border guard is obliged to hand over the business card.

    Article 43. Uniform
    (1) The border guard is provided with uniform state budget.
    (2) uniform insurance rules are established by the Government. The uniform rules of wearing them, the categories of border guards for the wearing of the uniform is required to carry out their duty to establish the Interior Minister at the proposal of the Chief Border Police.

    Article 44. Political rights and socio-political
    (1) Border guards may join associations and can provide professional, humanitarian, technical, scientific, cultural, religious and recreational sports, notwithstanding the exercise of their duties.
    (2) Border guards, no matter how special and position, have the right to be elected in an elective office. By registering as a candidate, the border guard is suspended from office for electoral campaign. If choosing the elective office, is released from border guard service, if the law determines otherwise.

    Article 45. Working time
    (1) The forms of organization of working time, working hours and weekly rest grant to the border guard shall be determined by the Border Police Department, in accordance with law.
    (2) duration of weekly working time of the border guard shall not exceed 40 hours.
    (3) Working time is not limited in time of emergency, siege or war, the execution of alarm service, undertaking activities related to ensuring the capacity for mobilization and other performance measures related to public order, according to the list approved by the Chief Border Police.
    (4) The units can be introduced global record working time, by applying the condition that working time should not exceed the number of working hours established by law. The application of global record of working time is determined by the Border Police Department.
    (5) The way to keep track of working time, including time worked overtime, and additional rest days granted is determined by the Border Police Department.
    (6) The conditions of remuneration at night shall be determined in accordance with law.

    Article 46. Seniority
    Calculation of seniority to determine growth for length of service and for length of service for pension and cases of calculating seniority on favorable terms are set by the Government.

    Article 47. Vacations
    (1) Border guards are entitled to paid annual leave to rest, additional annual leave and paid annual leave unpaid and social holidays under the Labor Code.
    (2) Border Police are granted annual leave lasting 35 days, which increases:
    a) 5 days - for 10 years seniority;
    b) 10 days - for 15 years seniority;
    c) 15 days - the seniority of 20 years.

    Article 48. Right to health care and medical care
    (1) Border guards are entitled to medical and psychological care and treatment (outpatient and inpatient) for free, by the state, in the medical-sanitary Ministry.
    (2) If health care, including emergency, may be granted medical and health institution of the Ministry of Interior, it is given to other medical institutions in Moldova, with reimbursement of expenses incurred at the expense of the Border Police.
    (3) If the contracted disease or trauma received by the border guard is related infringements, drinking or drugs, treatment is paid by the border guard of their own.
    (4) Submitting, if necessary, to police the border for treatment abroad is carried out by Government.
    (5) wife (husband) and minor children of the border police are entitled to treatment in the medical-sanitary MIA if mandatory insurance policy is registered to this institution.
    (6) The medical assistance in the medical-health of Ministry of Home Affairs established by the Ministry of Interior.
    (7) Border guards are subject to annual preventive medical examination in the medical-sanitary Ministry.

    Article 49. Right to transport
    The right to free transport is provided from the Border Police account in the following cases:
    a) transport of the border guard, including his family and their personal property, connected with the transfer of border guards in other unit;
    b) transport the body of border policeman died on duty and transportation of persons accompanying him, his family and transport their personal property in the locality where they reside in the Republic of Moldova;
    c) Border Guards travel on business throughout the country, in all types of public transport in the manner and conditions established by the Government.

    Article 50. Right to financial assurance
    Border police salaries are way out in the conditions and in quantities set by law on public sector pay system.
    Article 51. Compensation paid to release from service
    Release from service, border guard receive a single allowance in accordance with the calendar period of service, in the manner and amount set by the Government.

    Article 52. State Compulsory
    Border guards are subject to compulsory state as provided by law.

    Article 53. Right to pension
    The border guard is entitled to under the law relating to pensions of soldiers and people in body control and internal affairs bodies of troops.

Section 2. Police and border protection his family members

    Article 54. Inadmissibility of interference in the activity Border Guards
    (1) In carrying out their duties, border guard and enforce the law is subject only to instructions from superiors.
    (2) No person shall have the right to intervene in the work of border police.
    (3) prohibits the border guard training in performing functions not related to its service obligations.
    (4) Preventing the border police to fulfill obligations, achieve dignity and honor, resistance, threats, use of violence, attack the lives, health and his possessions and family members attract liability under by law.
    (5) Border Guards legitimate requirements are enforceable. Border police requirements and actions taken by him are considered legitimate as long as body or person responsible official vested with the control over its work and on compliance with the law this work will establish the contrary.

    Article 55. Social protection of family members of border guards
    (1) Family members are border police wife (husband), children aged under 18 or, if students in educational institutions are living up to their graduation, and at the age of 23 years, parents, including adopters are in maintenance.
    (2) Family members of deceased border police in connection with their duties or because of an injury (injury, trauma, contusions) in connection with the performance of their health benefits in the medical-sanitary Ministry.
    (3) The death of Border Guards Border Police family or person shall pay the fees of the death of a death under the law.

Chapter VI - FINANCING AND INSURANCE BUSINESS BORDER POLICE

    Article 56. Financing
    Border Police activity is financed from state budget and other sources under the legislation.

    Article 57. Providing material and technical
    (1) Heritage Border Police was in management include: housing and service facilities, buildings and construction of governing bodies and other units, organizations and educational institutions for training and specialization of personnel, equipment, instructional equipment and materials basis technical training, weapons, special equipment, buildings and dams, and other goods used by the Border Police in the execution of his duties.
    (2) Providing technical material and Border Police, creating infrastructure and subdivision objectives are covered from the state budget from other sources, according to law.
    (3) rules to ensure the main types of arms, special equipment, ammunition, equipment, food and other goods, and the rate of consumption of fuel and lubricants, how to receive the equipment, the purchase of armament, special and other assets are established by law.
    (4) Construction, reconstruction or making available to use the objectives to be located subdivisions Border Police is performed in the manner and with the rules established by the Government, with funding from the state budget and the resources of local authorities in the initiative which made the construction, reconstruction or transmission assets owned by the Border Police.
    (5) Border Police is entitled to the use (or property), as provided by law, on the part of central government and local authorities in the international structures, legal entities, regardless of type of ownership and legal form of organization of their associations and the citizens of Moldova, targets for the location of subdivisions, transportation, technical and other goods necessary for the execution of his duties.

Chapter VII - LIABILITY AND CONTROL

     Article 58. Responsibility for border guards
     (1) Border guards make decisions, within the powers, guided by the Constitution of the Republic of Moldova, of the legislation and international treaties to which Moldova is party.
     (2) the damages to persons through illegal actions of border guards are repaired in accordance with law.
     (3) For illegal actions or inactions damaging border guards responsible for disciplinary, civil, administrative and criminal.

     Article 59. Border Control Police activity
     (1) Border Control Police activity is exercised by Parliament, the President of Moldova, the Government and the Ministry of Interior, within the limits.
     (2) external public audit of financial activity, of the formation, management and use of financial resources of the Border Police is exercised by the Court.

Chapter VIII -   FINAL AND TRANSITIONAL

     Article 60
     (1) This Law shall come into force with effect from 1 July 2012.
     (2) Border Guard Service is reorganized into the Border Police and sent to the Ministry of Interior. Border Police is the successor mission, functions, duties, rights and obligations Border Service.
     (3) Border Guard soldiers are released from military service pass in reserve (withdrawal) in accordance with the law on military status.
     (4) Termination of contracts of employment with the Border Police of persons released from service under par. (3) are carried at their request, was appointed, without certification, in similar or corresponding features in the Border Police. People, the release from military service under contract, have military ranks for number of soldiers to engage in service by individual contract, are given primary level NCOs.
     (5) Upon the coming into force of this law, military ranks of Border Service officers are equivalent to specific levels of border guards equivalence the following formula.

(6) Upon entry into force of this law, border guards in office does not apply its provisions on conditions for initial studies and experience in special degree, unless they are subject to advances in rank or promotion based.
    (7) Border guards are not necessary studies will be assigned according to suitable equivalent degree or released from service under the law, unless he asks for completing educational institutions within the field. Period allowed for completion of border guards studies is 5 years after entry into force of this law. If, after the expiration of five years, border guards have not completed the necessary studies in grades special safeguards they have, will be employed in positions as appropriate special training classes and degrees, and NCO - released from service.
    (8) In awarding special consider the length of military service had on equivalence.
    (9) border guards are legal provisions concerning payroll and other rights of military personnel, up to amend legal framework on pay and other rights.
    (10) Within three months of publication of this Law, the Government:
    - Submit proposals for bringing the legislation into conformity with this Law;
    - Develop necessary regulations for implementing this Law;
    - Bring its normative acts in conformity with this law.
    (11) The entry into force of this Law:
    - Article 24, point 2) of Law no. 64-XII of 31 May 1990 on Government (republished in the Official Gazette of the Republic of Moldova, 2002, no. 131-133, art. 1018), as amended, the "Border Service" is excluded;
    - In Article 12 a) of Law no. 806-XII of 12 December 1991 on Carabineer (internal forces) of the Ministry of Interior, as amended, 'and border guards "are excluded;
    - Article 29 (2) c) and Article 30 (2) c) of Law no. 1245-XV of 18 July 2002 on preparing people for homeland defense (Official Gazette of the Republic of Moldova, 2002, no. 137-138, art. 1054), as amended, indent "- representative of the Department of Border Guards," the excluded;
    - Law no. 345-XV of 25 July 2003 on national defense (Official Gazette of the Republic of Moldova, 2003, no. 200-203, art. 775), as amended, is amended as follows:
    A. In Article 9 (1), the words "Border Guards" is excluded.
    Two. In Article 29 (3), the words "Commander of Border Guards," are excluded.
    Three. In Article 30 (3), the words "Heads of staffs Troops and Carabineer Troops" is replaced with the words "Chief Carabineer Troops".
    Four. Article 31:
     in paragraph (1) the "Department of Border Guards and 'and' by the Law on State Border of the Republic of Moldova and" exclusive;
     in paragraph (2), the words "Border Guards and the" exclusive;
    - Law no. 52-XVI of March 2, 2007 on approval of military discipline (Official Gazette of the Republic of Moldova, 2007, no. 78-81, art. 356) is amended as follows:
    A. In Article 2, letter b) is repealed.
    Two. In Annex no. 1 to Regulation military discipline, the second column (Border Guards) is excluded.
    - Law no. 162-XVI of 13 July 2007 on Border Guard Service (Official Gazette of the Republic of Moldova, 2007, no. 157-160, art. 612), as amended and supplemented, is hereby repealed.





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