Law on State Borders

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LAW OF THE REPUBLIC OF MOLDOVA

on the State Frontier of the Repubi! of Mo"o#a

nr$ %&'()III of %*$&+$,-

Official Monitor of the R. of Moldova nr. 12/107 of 03.11.1994

* * * The Parliament of the Republic of Moldova has adopted the present law.

Chapter I

.enera Pro#i/ion/

Arti!e %$ The State Frontier of the Republic of Moldova

(1) The state frontier of the Republic of Moldova hereinafter

referred to as state frontier is the border line that separates on land

and water the territor! of the Republic of Moldova from those of the

nei"hborin" countries and in the vertical plane delimits the air space

and the subsoil of the Republic of Moldova from the air space and thesubsoil of the nei"hborin" countries.

(#) The state frontier shall set the space limits of effect of the

state soverei"nt! of the Republic of Moldova.

($) The interests of the Republic of Moldova at the state frontier

are represented b! the %epartment of Frontier Troops.

[Paragraph 3 art.1 modified ! "a# nr.11$%& of 17.02.05,in force 25.03.05' [Paragraph 3 art.1 modified ! "a# nr. 7(4$%)& of 23.12.99'

(&) The state frontier shall be inviolable.

Arti!e 0$ The establishment of the state frontier

The state frontier shall be established b! the Parliament observin"

the international law principles and norms and cannot be modified

otherwise than b! law.

Arti!e 1$ Tracin" and mar'in" the state frontier on "round

(1) The state frontier shall be established in the treaties

concluded b! the Republic of Moldova with the nei"hborin" countries on

the basis of activit! totals of bilateral commissions on delimitation

and demarcation and shall be mar'ed on "round with clearl! visible

frontier si"ns. The treat! on tracin" and mar'in" the state frontier on

"round shall be ratified b! the Parliament.

(#) The state frontier shall be traced on "round on distinctive

relief lines on river sectors on the river middle line on the main

waterwa! or on the river thalwe" on la'es and other water reservoirs

on the strai"ht line unitin" the state frontier eits at the ban's of

the la'e or other water reservoir. The state frontier that is traced on

a river la'e or other water reservoir (hereinafter referred to as

frontier waters) shall not be moved in the event that the confi"uration

of ban's or level of waters chan"es nor when the river chan"es its

flow.

($) +n brid"es and d!'es over the frontier waters the state

frontier shall be established on the middle line or on their

technolo"ical ale irrelevant of the manner in which the state frontier

is traced on water.

(&) The rules of operation maintenance and repair of brid"es

railwa! emban'ments and road platforms telecommunication and electric

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ener"! transportation lines h!dro technical constructions that cross

the state frontier line on "round or water shall be established b!

a"reements between the Republic of Moldova and the nei"hborin"

countries.

(,) The form dimensions of frontier si"ns and the manner of their

installation shall be established b! the -overnment based on the

demarcation documents. ith a view of maintainin" visibilit! and

assurin" protection of frontier si"ns a frontier passa"e shall be

created in the places of their installation. The dimensions of thefrontier passa"e shall be determined b! the contractin" parties.

Arti!e -$ The /e"islation of the State Frontier

The le"islation on the state frontier shall be based on the

0onstitution of the Republic of Moldova as well as on international

treaties (a"reements) to which the Republic of Moldova adheres and

shall be composed of the present law and other normative acts adopted

in compliance with it.

Chapter II

STATE FRO2TIER .UARDI2.$ FRO2TIER TROOPS

Arti!e +$ State Frontier -uardin"

(1) The state frontier "uardin" is an inalienable constitutive part

of the state s!stem of securit! assurance of the Republic of Moldova

one of the forms of armed defense of its territorial inte"rit! and it

consists in providin" a comple of measures that would "uarantee the

inviolabilit! of the state frontier.

(#) The state frontier "uardin" on "round and on frontier waters

shall be attributed to the %epartment of Frontier Troops and in the air

space to the antiaerial defense units of the Ministr! of %efense.

[Paragraph 2 art.( modified ! "a# nr. 7(4$%)& of 23.12.1999'

Arti!e 3$ Frontier Troops

(1) The frontier troops are a special t!pe of armed formations

called to "uard and in the event of necessit! to defend the state

frontier.

(#) The le"al status of the frontier troops shall be determined b!

the present law and other normative acts. The effectives and e2uipment

of the frontier troops shall be established b! the -overnment and the

or"ani3ation chart shall be approved b! the head of the %epartment of

Frontier Troops.

[Paragraph 2 art.* modified ! "a# nr. (43$%& of 12.10.2001'

($) The frontier troops shall carr! out their activit! based on the

principles of le"alit! transparenc! observance of citi3ens4 ri"hts and

freedoms. Performin" the tas's of state frontier "uardin" the frontier

troops shall be "uided b! the 0onstitution of the Republic of Moldova

the present law and other normative acts b! the international treaties

(a"reements) to which the Republic of Moldova adheres b! the 5rmed

Forces re"ulations b! the departmental normative acts.

[Paragraph 3 art.* modified ! "a# nr. 7(4$%)& of 23.12.1999'

(&) 6n the interest of state frontier "uardin" the frontier

authorities (frontier troops units and subunits commanders) shall

provide echan"e of information and or"ani3e cooperation of forces and

means with the frontier authorities of the nei"hborin" countries in

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compliance with the treaties (a"reements) concluded b! the Republic of

Moldova with the nei"hborin" countries on frontier relations.

(,) 6t is forbidden to use the frontier troops for resolvin"

problems that have no relation to the state frontier "uardin" as well

as use b! frontier troops of their ri"hts for resolvin" problems that

are not attributed to them in conformit! with the present law.

(7) The frontier troops effectives shall be constituted of the

militar! and personnel emplo!ed based on wor' contracts who are

citi3ens of the Republic of Moldova. (8) Persons who serve in the frontier troops shall administer the

oath of alle"iance to the colors of the Republic of Moldova and have

uni2ue militar! ran's for the 5rmed Forces. The uniform and

distin"uishin" mar's of the frontier troops militar! shall be approved

b! the -overnment.

(9) Service in the frontier troops shall be carried out in

compliance to the /aw on militar! obli"ation and militar! service of the

citi3ens of the Republic of Moldova.

(:) %urin" the period of service in the frontier troops the part!

and other socialpolitical or"ani3ations membership of the militar!

shall be suspended.

[+rt.* modified ! "a# nr. 2*2$%& din 1(.07.04, in force 0*.0-.04'

Chapter III

STATE FRO2TIER RE.IME

Arti!e *$ 0ontents and Manner of ;stablishment of the State

Frontier Re"ime

The state frontier re"ime includes the totalit! of <uridical norms

re"ulated b! the present law and other normative acts b! the treaties

(a"reements) concluded b! the Republic of Moldova with the nei"hborin"

countries. 6t shall be established eclusivel! in the interest ofassurin" order at the state frontier and maintenance of "ood relations

with the nei"hborin" countries and shall include the rules of

a) state frontier maintenance=

b) state frontier crossin" b! persons and transport means=

c) authori3ation of state frontier crossin" b! persons transport

means commodities and other assets=

d) use of water fishin" use of wood and accessorial products of

forests and fulfillment of economic activit! research and other

activities at the state frontier=

e) resolvin" incidents related to violation of the state frontier

re"ime.

Arti!e '$ State Frontier Maintenance

(1) The manner and rules of the state frontier maintenance shall be

determined in the treaties (a"reements) concluded b! the Republic of

Moldova with the nei"hborin" countries. The conditions of protection and

maintenance of the inte"rit! of the state frontier si"ns of their

control of e2uipment and maintenance of the frontier paths of

inspection of the state frontier routes <ointl! with the nei"hborin"

countr! shall be set in the aforementioned. %ocuments containin" the

results of <oint inspection of the state frontier route that do not

envision its modif!in" shall be approved b! the -overnment.

(#) To provide a "ood maintenance of the state frontier the

frontier troops shall be transferred into use in compliance with the

le"islation for an unlimited period of time a strip of land with the

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width of 1, meters that stretches alon" the state frontier on "round or

on the Moldovan ban' of frontier waters.

Arti!e ,$ State Frontier 0rossin" b! Persons and Transport Means

(1) The state frontier crossin" b! persons and transport means on

"round in the air space as well as on river sectors where special

border crossin" places are arran"ed shall be carried out on

international railwa! road and aerial traffic pathwa!s or other places

established in the treaties (a"reements) concluded b! the Republic ofMoldova with the nei"hborin" countries and in the -overnmental decisions

at the state frontier crossin" chec'points. 5 state frontier crossin"

chec'point is the territor! within the limits of the railwa! station

bus station river port (2ua!) airport (aerodrome) open to the

international traffic as well as other epress arran"ed places where

control is performed and authori3ation on state frontier crossin" b!

persons transport means "oods and other assets is issued.

(#) +penin" new state frontier crossin" chec'points as well as

their definitive or temporar! closin" shall be established the

a"reements between the Republic of Moldova and the nei"hborin"

countries.

($) The state frontier can be crossed outside the border crossin"chec'points in compliance with the conditions and rules established in

the a"reements between the Republic of Moldova and the nei"hborin"

countries.

(&) The river transport means of the Republic of Moldova and of the

other states shall navi"ate and cross the state frontier on frontier

waters in compliance with the international treaties (a"reements) to

which the Republic of Moldova adheres.

(,) The airships and other planes shall cross the state frontier

throu"h the epress reserved air passa"es observin" the rules

established b! the -overnment and published in the documents on

aeronautic information. 0rossin" the state frontier outside the air

passa"es shall be permitted onl! on -overnment4s authori3ation. (7) The ta'eoff and landin" of airships in the R. of Moldova shall

be eecuted eclusivel! in the airports (aerodromes) that have airport

chec'points of the frontier "uards and customs institutions.

+ther conditions of ta'eoff and landin" of airships and other planes

shall be established b! the -overnment.

(8) 6n the event of emer"enc! situations caused b! bi" accidents

catastrophes or natural calamities the formations of rescue and

rehabilitation of other states shall cross the state frontier to

locali3e and li2uidate such situations under the conditions established

in the international treaties to which the R. of Moldova adheres and in

the -overnmental decisions.

(9) The forced state frontier crossin" b! persons and transport

means on "round or unintended enterin" in the frontier waters of the R.

of Moldova of nonmilitar! ships and >6Ps forced fl!in" in the air space

of the R. of Moldova of airships and other planes shall not constitute

violations of the state frontier crossin" rules in the followin" force

ma<or cases accident dama"e natural calamit! free3in" conditions

necessit! of transportation of rescued persons providin" medical

emer"enc! assistance to certain members of the crew or passen"ers as

well as due to other forced reasons.

(:) The captain of the ship the commander of the fl!in" crew

citi3ens in the event of forced state frontier crossin" should

immediatel! notif! the administration of the port (2ua!) airport

(aerodrome) at the closest subunit of the frontier troops and act in

continuation in conformit! with the received instructions.

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(1?) ith the consent of the nei"hborin" countries authorities the

militar! of the frontier troops and other persons performin" the duties

of state frontier "uardin" shall be entitled to different conditions of

state frontier crossin".[+rt.9 modified ! "a# nr.11$%& of 17.02.0(, in force 2(.03.0('

Arti!e %&$ 5uthori3ation of state frontier crossin" b! persons

transport means commodities and other assets

(1) 5uthori3ation of state frontier crossin" b! persons transportmeans commodities and other assets shall be issued b! state frontier

crossin" chec'points and it consists in reco"ni3in" the le"alit! of the

state frontier crossin" b! persons transport means enterin" the

territor! of the R. of Moldova movin" across the state frontier "oods

or other assets or in authori3in" state frontier crossin" b! persons

transport means leavin" the territor! of the R. of Moldova movin"

across the state frontier "oods and other assets outside the territor!

of the R. of Moldova.

(#) 5s a "round for authori3in" the state frontier crossin" b!

persons transport means "oods and other assets shall serve documents

valid for the ri"ht of enterin" or eitin" the R. of Moldova

accompan!in" documents of transport means "oods and other assetsissued b! the respective state bodies. State frontier crossin" b!

persons means of transport "oods and other assets havin" valid

documents shall not be authori3ed in the event that there are certain

"rounds envisioned b! the le"islation.

($) 6n the treaties (a"reements) concluded b! the R. of Moldova with

the nei"hborin" countries a simplified manner of authori3in" the state

frontier crossin" b! the citi3ens of the R. of Moldova and of the

coterminous states can be envisioned with a view to establishin"

documents for the ri"ht of enterin" and eitin" the R. of Moldova.

(&) Frontier troops customs and other institutions chec'points

shall be created b! the central public administration authorities and

operate at the state frontier crossin" chec'points. These shall controlthe state frontier crossin" b! persons means of transport "oods and

other assets.

[Paragraph 4 art.10 modified ! "a# nr. 113-$%)& of 13.07.2000'

[Paragraph 4 art.10 modified ! "a# nr. 474$%)& of 2(.0*.99'

(,) Ministries and %epartments in the competence of which the

control over authori3ation of the state frontier crossin" is shall

establish in compliance with the present law and other normative acts

at the border crossin" chec'points respective subunits ("roups)

determine their statutes personnel on the staff ri"hts and

obli"ations carr! out their technical material and financial assurance

and control their activit!.(7) The administration of railwa! stations bus stations river

ports (2ua!s) airports (aerodromes) throu"h which the state frontier

crossin" is authori3ed shall offer free of char"e to the control bodies

necessar! rooms and epress arran"ed places for performin" the frontier

customs and other t!pes of control. The representatives of the

administration can participate in carr!in" out control without

interferin" with the actions of the control bodies.

(8) 5uthori3ation of the state frontier crossin" b! persons

transport means "oods and other assets envisions

1) performance of the frontier control which consists in

a) control and concludin" of documents on the ri"ht of enterin" and

eitin" the R. of Moldova=

b) control of transport means lu""a"e "oods and other assets with

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the purpose of identif!in" the offenders of the state frontier crossin"

rules as well as narcotic ps!chotropic substances substances with a

powerful action toic poisonous radioactive eplosive substances

harmful waists armament eplosive devices fire "uns and munitions

cultural historical and other valuable ob<ects hidden durin" control

and forbidden for bein" introduced or ta'en out of the countr!=

c) observation of transport means and upon necessit! accompan!in"

these with a view of preventin" persons from "ettin" into the transport

means loadin" (unloadin") "oods or other assets durin" the control orafter its fulfillment=

d) control over the persons who are forbidden to enter or eit the

R. of Moldova=

e) performance of bod! chec'in" of citi3ens who cross the state

frontier in special cases dependin" on the situation and needs. The

rules and the manner of performin" citi3ens4 bod! chec'in" shall be

established b! the le"islation=

#) performin" the customs control of "oods and other assets

belon"in" to citi3ens crossin" the state frontier enterprises

institutions and or"ani3ations that are involved in eternal economic

activities in compliance with the 0ustoms 0ode provisions=

$) carr!in" out upon the case of 2uarantine sanitar! controlsveterinar! controls ph!tosanitar! and other t!pes of controls. The

sanitar! control of the railwa! and aerial transport means of

international traffic shall precede the frontier and customs control.

(9) The control bodies and the administration of the railwa!

stations bus stations river ports (2ua!s) airports (aerodromes)

where the state frontier crossin" is authori3ed shall bear total

responsibilit! to the -overnment for eecution and strict observance of

the provisions of the present law and of the 0ustoms 0ode concernin"

enterin" and eitin" of persons transport means "oods and other

assets as well as for fulfillment of the international traffic

includin" the transit in compliance with the le"islation. The

representatives of all the control bodies when eercisin" their dutiesshall wear the established uniform and have the s!mbolic si"ns and other

distin"uishin" mar's of the service the! represent.

(:) Mana"ement of the activit! of the state frontier crossin"

chec'points shall be performed b! the heads of the frontier troops

chec'points. These shall assure coordination of activities of all the

control services in conformit! with the present law and within the

limits of their competence and shall ta'e definitive decisions on

authori3in" or not authori3in" the state frontier crossin" b! persons

means of transport "oods and other assets.

(1?) The representatives of the ministries and departments that

participate in performin" control over authori3ation of the state

frontier crossin" are obli"ed to fulfill their duties within the limits

of their competence and shall be responsible for creatin" normal

conditions for the circulation of persons transport means "oods and

other assets.

(11) The authori3ation of the state frontier crossin" b! state

parliamentar! "overnmental dele"ations as well as b! persons

accompan!in" these dele"ations shall be carried out under the "uidance

of the head of the frontier troops chec'point or a person replacin" the

aforementioned at presentation of documents concluded le"all! without

an! dela!.

(1#) The authori3ation of the state frontier crossin" b! militar!

units or subunits of the R. of Moldova or of another state as well as

of "uns munitions fi"htin" e2uipment and militar! loadin" shall be

issued onl! on basis of a special authori3ation of the -overnment of the

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R. of Moldova coordinated with the -overnment of the nei"hborin" state.

The effectives shall cross the state frontier in conformit! with the

nominal lists authenticated b! the respective militar! departments.

(1$) Transportation across the state frontier of tar"et shootin" or

huntin" "uns and of munitions for those b! members of certain societies

and sports or"ani3ations as well as b! amateur sportsmen includin"

their transitin" shall be permitted onl! at presentation of a special

authori3ation issued b! competent bodies of the respective states.

(1&) The militar! and persons accompan!in" official dele"ationsfrom abroad when crossin" the state frontier can have "uns for self

protection and munitions in the event that this fact has been

stipulated in treaties (a"reements) concluded b! the R. of Moldova with

the respective states.

(1,) 6n all the cases of transportation across the state frontier of

"uns and munitions their owners are obli"ed to indicate in the customs

declaration the t!pe of "un and 2uantit! of munitions. 6t is forbidden

to pass to another person as well as to hide "uns and munitions from

control. The customs bodies shall confiscate in conformit! with the

provisions of the 0ustoms 0ode "uns and munitions from persons who

violate the established rules.

(17) 6n case of a ris' of spreadin" particularl! dan"erousinfectious diseases in the territor! of the R. of Moldova or another

state in compliance to the -overnmental decision the traffic across

the state frontier in the <eopardi3ed sectors can be temporaril! limited

of suspended or a 2uarantine for persons animals seeds and plantin"

material other products of animal or ve"etal ori"in can be established.

The -overnment shall inform ur"entl! all the state frontier crossin"

chec'points concerned bodies and nei"hborin" countries on the

eceptional situation created and measures to be implemented.[+rt.10 modified ! "a# nr.11$%& of 17.02.0(, in force 2(.03.0('

Arti!e %%$ @se of ater Fishin" @se of ood and 5ccessorial

Products of Forests and Fulfillment of ;conomic 5ctivit! Research and+ther 5ctivities at the State Frontier

(1) Fishin" use of wood and accessorial products of forests

economic activities research and other activities related to the state

frontier crossin" or otherwise affectin" the interests of the R. of

Moldova or of the nei"hborin" countries use of frontier waters b! le"al

entities and ph!sical persons of the nei"hborin" countries includin"

<ointl! directl! at the state frontier of in its vicinit! in the

territor! of the R. of Moldova shall not

a) dama"e the health of the population ecolo"ical and other

securit! of the R. of Moldova nei"hborin" and other countries or

contain the ris' of such a dama"e=

b) impede the maintenance of the state frontier. (#) The aforementioned activities shall be carried out in conformit!

with the international treaties (a"reements) to which the R. of Moldova

adhere observin" the rules of the state frontier crossin" and informin"

the frontier "uards the places and time of the state frontier crossin"

and duration of fulfillment of wor's number of participants fishin"

and other ships transport and other means used mechanisms.

Arti!e %0$ Resolvin" 6ncidents Related to >iolation of the State

Frontier Re"ime. Frontier Representatives of the Republic of Moldova

(1) Persons airships and other planes nonmilitar! ships and >6Ps

other transport means that have crossed or tried to cross the state

frontier violatin" the rules established b! the present law shall be

considered as offenders of the state frontier.

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(#) The ille"al crossin" of the state frontier at enterin" or

eitin" the countr! shall constitute a minor offence and implies

administrative or criminal responsibilit! in compliance with the

le"islation of the R. of Moldova.

($) Persons who contribute to the ille"al state frontier crossin"

inclusivel! with the use of international traffic transport means shall

be liable in conformit! with the le"islation of the R. of Moldova.

(&) Forei"n and stateless citi3ens who have crossed the state

frontier of the R. of Moldova from the territor! of a different statein the event that the! committed criminal actions or law brea'in" shall

be held answerable in compliance with the le"islation of the R. of

Moldova. 6n the event that there is no evidence to sue these offenders

of the state frontier at law and the! are not entitled to political

as!lum the frontier troops shall hand them officiall! over to the state

from the territor! of which these have crossed the state frontier. 6f

offenders4 handin" over to the authorities of the other state is not

envisioned in the treat! (a"reement) concluded b! the R. of Moldova with

this state the frontier troops and the internal affairs bodies shall

epel them from the territor! of the R. of Moldova notif!in" the

authorities of the state in (throu"h) the territor! of which the! are

epelled. Similarl! the state frontier offenders that are heldadministrativel! answerable concernin" whom the decision on their

administrative epulsion was made shall be epelled from the territor!

of the R. of Moldova.

(,) 0iti3ens of the R. of Moldova arrived at the state frontier

crossin" chec'point who have lost their documents on enterin" the R. of

Moldova durin" their sta!in" abroad shall be detained at the state

frontier crossin" chec'point for a period of time necessar! for the

competent bodies to establish their identit! and clarif! circumstances

under which their documents have been lost.

(7) ith a view to resolvin" problems concernin" the observance of

the state frontier re"ime and clarif!in" incidents arose at the state

frontier the -overnment shall appoint a frontier commissioner of the R.of Moldova from the frontier troops officers.

[Paragraph * art.12 modified ! "a# nr. 7(4$%)& of 23.12.1999'

(8) The frontier representatives of the R. of Moldova (the frontier

commissioner the deput! frontier commissioners their seconds) shall

carr! out their activit! in conformit! with the present law and other

normative acts international treaties (a"reements) to which the R. of

Moldova adheres the Re"ulation on the 5ctivit! of the Frontier

Representatives approved b! the -overnment.

[Paragraph 7 art.12 modified ! "a# nr. 7(4$%)& of 23.12.1999'

(9) The manner of resolvin" incidents related to the violation of

the state frontier re"ime their attributin" to the competence of the

frontier representatives of the R. of Moldova the Ministr! of %efense

or the Ministr! of Forei"n 5ffairs shall be established in the treaties

(a"reements) concluded b! the R. of Moldova with the nei"hborin" states

in the present law and in the other normative acts.

(:) 0larif!in" incidents related to the Moldovan or forei"n militar!

ob<ectives actions (planes >6Ps etc.) or to the militar! shall be

carried out b! the frontier representatives of the R. of Moldova with

the participation of the representatives of the concerned ministries and

departments.

(1?) Problems and incidents that failed to be clarified b! the

frontier representatives of the R. of Moldova shall be resolved in a

diplomatic manner.

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(11) The frontier troops representatives can be also included in the

composition of interstate commissions the activit! of which is

directl! related to the state frontier.[+rt.12 modified ! "a# nr.447$%& of 13.11.03, in force 12.02.04'

Chapter IV

FRO2TIER RE.IME

Arti!e %1$ 0ontents and ;stablishment of the Frontier Re"ime

(1) ith a view to assurin" "uardin" and maintainin" order at the

state frontier alon" the sectors on "round and alon" the Moldovan ban'

of the frontier waters a frontier 3one shall be established with a

width of 1? 'm. This shall be an inte"ral part of the state frontier

administrated b! the frontier troops <ointl! with the local self

administration bodies. The frontier state re"ime shall be etended to

the frontier 3one. +n access roads in the frontier 3one there shall be

established panels with the words AFrontier BoneC

(#) To create necessar! conditions for the state frontier "uardin"

in the frontier 3one as well as in the Moldovan sector of the frontierwaters and on isles situated in this sector the frontier re"ime shall

be established in the manner determined b! the -overnment.

($) The frontier re"ime includes the rules of

a) enterin" (crossin") temporar! sta!in" movement of persons and

transport means in the frontier 3one=

b) fishin" use of wood and accessorial products of forests

fulfillment of economic and other activities use of water fulfillment

of social and cultural activit! in the frontier 3one=

c) fulfillment of research prospectin" and other activities in the

frontier 3one and in the Moldovan sector of the frontier waters=

d) record'eepin" and maintenance of boats with or without

propulsion of means of movement on ice= navi"ation and movement on icein the Moldovan sector of the frontier waters.

(&) ;stablishment of different rules of the frontier re"ime is

forbidden.

(,) The territories of localities sanatoriums resorts other

curative institutions curative ob<ects shall not be included in the

frontier 3one.

(7) The concrete contents limits of actions in space and time of

the frontier re"ime rules envisioned in the present law the circle of

persons to whom action of these rules is etended shall be established

b! the -overnment and on its instructions b! the local self

administration bodies of the frontier re"ions <ointl! with the frontier

troops located in these territories and shall be made public. [Paragraph 1 art.13 modified ! "a# nr. 13$%& of 0*.02.03, in force

07.03.03'

Arti!e %-$ ;nterin" (0rossin") Temporar! Sta!in" Movement of

Persons and Transport Means in the Frontier Bone

(1) ;nterin" (crossin") of persons and transport means of the

frontier 3one shall be made at the presentation of 6%s individual and

collective permits issued b! the commander of the frontier "uards

subunit on whose sector enterin" (crossin") of the frontier 3one is

carried out on basis of personal re2uests of citi3ens or re2uests of

enterprises institutions public or"ani3ations and associations.

(#) The commanders of the frontier "uards subunits shall determine

with the local selfadministration bodies on the places of enterin"

© MoldInfoLex [04.03.2004] 9



(crossin") the frontier 3one time of enterin" (crossin") routes of

movement duration and other conditions of stat!in" of persons and

transport means in the frontier 3one.

Arti!e %+$ Fishin" @se of ood and 5ccessorial Products of

Forests Fulfillment of ;conomic and +ther 5ctivities @se of ater in

the Frontier Bone

(1) Fishin" use of wood and accessorial products of forests

fulfillment of economic and other activities related to the use offorest land subsoil waters fulfillment of social and cultural

activit! in the frontier 3one shall be re"ulated b! laws and other

normative acts decisions of local selfadministration bodies of the

frontier re"ions coordinated with the frontier troops.

(#) To prevent spreadin" of particularl! dan"erous infectious

diseases across the state frontier cattle breedin" and "ra3in" can be

forbidden or restricted in a certain area (2uarantine strip) alon" the

state frontier on "round.

The 2uarantine strip its width rules of fencin" and veterinar!

re"ime shall be established b! the bodies of the Ministr! of 5"riculture

and Processin" 6ndustr! on the spot. 0attle breedin" and "ra3in" as

well as huntin" in he frontier 3one shall be forbidden. [P. 2 art.1( modified ! "a# nr. 474$%)& of 2(.0*.99'

Arti!e %3$ Fulfillment of Research Prospectin" and +ther

5ctivities in the Frontier Bone

Research prospectin" and other activities related to eecution of

h!drolo"ical "eodesic drillin" topo"raphic and other wor's in the

frontier 3one and in the Moldovan sector of the frontier waters shall be

re"ulated b! normative acts and carried out with the authori3ation of

frontier "uards. Photo"raphin" from airships the sectors of localities

in the vicinit! of the state frontier shall be performed with the

authori3ation of the Service of 6nformation and Securit! of the R. of

Moldova and Ministr! of %efense. [+rt.1* modified ! "a# nr. 7(4$%)& of 23.12.1999'

Arti!e %*$ RecordDeepin" Maintenance and @se of Eoats and Means

of Movement on 6ce

(1) The Moldovan boats with or without propulsion and means of

movement on ice used in the Moldovan sector of the frontier waters as

well as in the interior waters situated at the limits of the frontier

3one shall be obli"atoril! recorded and stored in ports 2ua!s and

other stora"e places and shall be recorded at the nearest frontier

"uards subunit.

(#) The frontier re"ime rules shall establish the conditions of

leavin" and returnin" to their stora"e places for such boats and means

of movement on ice as well as conditions of sta!in" on water (ice)

distance from their stora"e places and ban's.

($) Eoats with or without propulsion belon"in" to enterprises

institutions or"ani3ations of the R. of Moldova residents of the

frontier localities which are used in the frontier waters shall have

their re"istration numbers written on board and these should be easil!

visible from the ban'.

Chapter V

STATE FRO2TIER CROSSI2. CHEC4POI2TS RE.IME

© MoldInfoLex [04.03.2004] 10



Arti!e %'$ 0ontents and ;stablishment of the State Frontier

0rossin" 0hec'points Re"ime

(1) The state frontier crossin" chec'points re"ime includes the

rules of enterin" sta!in" and eitin" the state frontier b! persons and

transport means of introducin" presence and etraction of "oods and

other assets. These rules are established with the purpose of creatin"

necessar! conditions for performin" the frontier customs and other

controls.

(#) The state frontier crossin" chec'points re"ime shall beestablished b! the frontier troops <ointl! with the Ministr! of

Transport and 0ommunications and the 0ustoms 0ontrol %epartment in

conformit! with the provisions of the present law and the international

treaties (a"reements) to which the R. of Moldova adheres.

[P. 2 art.1- modified ! "a# nr. 113-$%)& of 13.07.2000'

[P. 2 art.1- modified ! "a# nr. 474$%)& of 2(.0*.99'

($) Eased on orders of the heads of ministries and departments the

heads of railwa! stations bus stations river ports (2ua!s) airports

(aerodromes) the mana"ers of other transport companies shall issue

ta'in" into account the local conditions instructions on establishment

of the re"ime of a concrete state frontier crossin" chec'point incoordination with the respective officials of the frontier troops

customs and other control bodies. The rules of the established re"ime

shall be published and posted in the rooms of the railwa! station bus

station port aerodrome.

(&) The state frontier crossin" chec'points re"ime or"ani3ed

outside the transport ob<ects shall be established b! the frontier

troops in compliance with the provisions of the present article <ointl!

with the customs and other control bodies.[+rt.1- modified ! "a# nr.11$%& of 17.02.0(, in force 2(.03.0('

Arti!e %,$ Manner of ;nterin" (;itin") b! Persons Transport

Means 6ntroducin" (;tractin") of -oods and +ther 5ssets at the StateFrontier 0rossin" 0hec'points

;nterin" and eitin" the state frontier crossin" chec'points b!

persons transport means as well as introducin" and etractin" of "oods

and other assets shall be carried out throu"h places epressl! reserved

<ointl! with the frontier troops and customs bodies ecludin" the

possibilit! of embar'ation disembar'ation of persons loadin"

unloadin" of "oods and other assets after the fulfillment of the

frontier and customs controls.

[P. 19 modified ! "a# nr. 113-$%)& of 13.07.2000'

[P. 19 amended ! "a# nr. 474$%)& of 2(.0*.99'

Arti!e 0&$ Sta!in" of Persons and Transport Means at the StateFrontier 0rossin" 0hec'points

(1) Places and duration of sta!in" at the state frontier crossin"

chec'points of the international traffic transport means shall be

established b! the administration of the transport ob<ects <ointl! with

the frontier troops and customs bodies.

[P. 1 art.20 modified ! "a# nr. 113-$%)& of 13.07.2000'

(#) 5ccess of persons to the transport means and international

traffic transport means throu"hout the period of frontier chec'in" and

other t!pes of control shall be limited and in case of necessit! it

shall be forbidden.

($) ;mbar'ation of passen"ers in the transport means when leavin"

the R. on Moldova their disembar'ation upon arrival in the R. of

© MoldInfoLex [04.03.2004] 11



Moldova as well as loadin"unloadin" of lu""a"e correspondence "oods

and other assets shall be carried out with the authori3ation of the

frontier troops and customs bodies.

[P. 3 art.20 modified ! "a# nr. 113-$%)& of 13.07.2000'

(&) 6nternational traffic transport means can start their maneuvers

of leavin" the territor! of the R. of Moldova or enterin" the territor!

of the R. of Moldova as well as chan"in" their par'in" places onl!

with the authori3ation of the frontier troops and customs bodies. [P. 4 art.20 modified ! "a# nr. 113-$%)& of 13.07.2000'

(,) +fficials of transport companies owners of transport means are

obli"ed to unseal upon re2uests of the frontier troops and customs

bodies representatives vans automobiles containers loadin"

compartments holds and other rooms of the transport means and

transported loads in order to perform their control.[+rt.20 modified ! "a# nr.11$%& of 17.02.0(, in force 2(.03.0('

[P. ( art.20 modified ! "a# nr. 113-$%)& of 13.07.2000'

[+rt. 20 modified ! "a# nr. 474$%)& of 2(.0*.99'

Arti!e 0%$ 5dditional Rules to the State Frontier 0rossin" 0hec'in"Re"ime

(1) 5t the state frontier crossin" chec'points special territories

rooms shall be established where the frontier and other t!pes of

control are performed.

(#) 6n those areas additional restrictions to the re"ime are

applied. These are established within the limits of the rules and in the

manner envisioned b! the present law.

Chapter VI

PUBLIC AUTHORITIES MA2DATES

I2 THE AREA OF THE STATE FRO2TIER .UARDI2. [itle &) modified ! "a# nr. 474$%)& of 2(.0*.99'

Arti!e 00$ Supreme Public 5uthorities Mandates

The supreme public authorities eercise in the area of the state

frontier "uardin" mandates envisioned b! the 0onstitution of the R. of

Moldova and the present law.

[P. 22 modified ! "a# nr. 474$%)& of 2(.0*.99'

Arti!e 01$ Mandates of 0entral Public 5dministration 5uthorities

(1) The Ministr! of Forei"n 5ffairs

a) on basis of the decisions of the supreme public authorities

conducts ne"otiations with the nei"hborin" countries concernin" theestablishment and le"al sanctionin" of the state frontier b! means of

treaties the establishment of its re"ime prepares necessar! documents

and materials=

b) assures the state frontier "uardin" in conformit! with the norms

of forei"n polic! and international law=

c) concludes the documents on the ri"ht of enterin"eitin" the R.

of Moldova of forei"n and stateless citi3ens within the limits of its

competence=

d) resolves problems and incidents related to the observance of the

state frontier re"ime that failed to be re"ulated b! the frontier

representatives of the R. of Moldova.

(#) The Service of 6nformation and Securit! of the Republic ofMoldova

© MoldInfoLex [04.03.2004] 12



a) anal!3es and pro<ects the political socialeconomical and

criminal situation in the frontier re"ions on the international traffic

routes as well as crisis situations in the nei"hborin" countries that

affect the securit! of the R. of Moldova at the state frontier

or"ani3es collection of information for this purpose=

b) coordinates the intelli"ence activit! of the securit! bodies in

terms of identif!in" preventin" and suppressin" the ille"al activit!

across the state frontier of special services and forei"n or"ani3ations

criminal "roups and separate individuals=c) contacts and collaborates with special services of other

countries in the interest of the state frontier "uardin"=

d) participates in assurin" securit! durin" mass activities at the

state frontier and in the frontier re"ions.

[P. 2 art.23 modified ! "a# nr. 7(4$%)& of 23.12.1999'

($) The Ministr! of %efense

a) is responsible for the state frontier "uardin" in the air space=

b) assures the participation of the 5rmed Forces in the state

frontier "uardin" on "round and frontier waters in the cases and the

manner envisioned b! the present law and other normative acts=

c) resolves within the limits of its competence <ointl! with thefrontier representatives of the R. of Moldova incidents related to the

violation of the state frontier re"ime=

d) supports the frontier troops in providin" resources and other

thin"s for the state frontier "uardin" on the basis of the le"islation

of the R. of Moldova and interdepartmental a"reements.

(&) The Ministr! of the 6nterior

a) supports the frontier troops in carr!in" out actions of state

frontier "uardin" combatin" ille"al activit! across the border

detectin" and epellin" persons who have violated the state frontier

re"ime the re"ime and order at the border crossin" chec'points in

clarif!in" and chec'in" the circumstances of law brea'in" b! citi3ens

detained in an administrative or criminal manner= ["etter a amended ! "a# nr. 113-$%)& of 13.07.2000'

b) informs the frontier troops on the situation of le"al order in

the frontier re"ions on ille"al actions on criminal "roups and persons

identified as havin" ille"al intentions concernin" the state frontier or

the frontier troops=

c) assures participation of the interior troops (carabineri units)

in the state frontier "uardin" in the cases and the manner envisioned b!

the present law=

d) assures participation of the internal affairs bodies at

eercisin" control over the observance of the frontier re"ime and re"ime

of the state frontier crossin" chec'points within the limits of its

mandates envisioned b! the /aw on Police=

e) at the su""estion of the frontier troops assures limitation or

temporar! forbiddance on access of citi3ens to certain sectors of a

localit! or an ob<ect situated in the vicinit! of the state frontier

throu"hout the period of state frontier offenders search re<ection of

armed fora!s or mass crossin" of the frontier of the R. of Moldova b!

citi3ens of the nei"hborin" countr!=

f) assures public order throu"hout the duration of mass activities

at the state frontier and in the frontier re"ions=

") assures le"al order in the frontier re"ions in cases of

eceptional situations decreein" of the emer"enc! state re"ime=

© MoldInfoLex [04.03.2004] 13



h) participates in the le"al education of the population of the

frontier re"ions in preventin" <ointl! with the frontier troops law

brea'in" at the state frontier and at the border crossin" chec'points=

["etter i, eclded ! "a# nr. 113-$%)& of 13.07.2000'

(,) Ministries and departments that perform customs 2uarantine

sanitar! veterinar! ph!tosanitar! and other t!pes of control at the

state frontier

a) or"ani3e and involve in measures of protection at the statefrontier of economic ecolo"ical and other interests of persons

societ! state=

b) issue within the limits of their competence obli"ator!

normative acts to be eecuted b! all the le"al and ph!sical entities in

the territor! of the R. of Moldova=

c) monitor the observance b! enterprises institutions

or"ani3ations public associations and citi3ens of the provisions of

international treaties (a"reements) to which the R. of Moldova adheres

of the le"islation of the R. of Moldova on problems related to their

competence=

d) create upon necessit! at the state frontier crossin"

chec'points their bodies of control (chec'points) and or"ani3e theiractivit! establish means and methods of control in conformit! with the

provisions of the present law=

e) cooperate and provide support to the frontier troops in state

frontier "uardin"=

f) collaborate in state frontier "uardin" with similar bodies of

other states.


Chapter VII

PARTICIPATIO2 OF LOCAL PUBLIC ADMI2ISTRATIO2 AUTHORITIES5

E2TERPRISES5 I2STITUTIO2S5 OR.A2I6ATIO2S5 PUBLIC

ASSOCIATIO2S A2D CITI6E2S I2 THE STATE

FRO2TIER .UARDI2.

[itle of h. &)) modified ! "a# nr. 474$%)& of 2(.0*.99'

Arti!e 0-$ Mandates of the /ocal Public 5dministration 5uthorities

in the 5rea of the State Frontier -uardin"

The local public administration authorities of the frontier re"ions

a) assure the conditions for the state frontier "uardin" b! the

troops and bodies authori3ed b! law to carr! out this activit! issue

with this purpose normative acts and orders within the limits

established b! the present law=

b) attribute under the conditions of the law land plots for the

needs of the state frontier "uardin" eercise control over use of land

and observance of le"islation on protection of environment on these

sectors=

c) monitor the eecution in their territor! of the le"islation on

the state frontier b! all the enterprises institutions or"ani3ations

public associations and citi3ens.


Arti!e 0+$ Mandates of ;nterprises 6nstitutions +r"ani3ations and

Public 5ssociations in the 5rea of State Frontier -uardin"

;nterprises institutions or"ani3ations public associations and

their officials

© MoldInfoLex [04.03.2004] 14



a) provide assistance to the frontier troops public administration

authorities that eercise diverse t!pes of control at the state

frontier fulfill their orders offer the information necessar! for

carr!in" out their activities=

["etter a modified ! "a# nr. 474$%)& of 2(.0*.99'

b) create conditions for the voluntar! participation of citi3ens in

the state frontier "uardin".

Arti!e 03$ Participation of 0iti3ens in the State Frontier -uardin"

The citi3ens of the R. of Moldova shall participate voluntaril! in

the state frontier "uardin" as members of voluntar! teams and otherwise.

The conditions of attractin" citi3ens to the state frontier "uardin"

shall be established b! the -overnment.

Chapter VIII

MA2DATES OF FRO2TIER TROOPS5 A2TIAERIAL DEFE2SE U2ITS

I2 THE AREA OF STATE FRO2TIER .UARDI2.

Arti!e 0*$ Mandates of Frontier Troops (1) The frontier troops shall "uard the state frontier on "round

frontier waters as well as at the state frontier crossin" chec'points.

(#) For this purpose the frontier troops

a) "uarantee b! means of militar! technical measures the non

admittance of ille"al chan"in" of the state frontier tract on "round=

b) coordinate the activit! of customs and other control bodies

eercise control over the observance of rules of the state frontier

re"ime the frontier re"ime and the re"ime of the state frontier

crossin" chec'points=

c) or"ani3e the militar! intelli"ence and other activit! in the

interest of the state frontier "uardin"=

d) or"ani3e investi"ations and frontier operations upon necessit!= e) re<ect fora!s of armed "roups in the territor! of the R. of

Moldova armed provocations at the state frontier defend the local

population and proprietors4 ownership from punishable attempts=

f) prevent and don4t admit ille"al state frontier crossin" b!

persons and transport means identif! and detain offenders of the state

frontier=

") re<ect in the established manner smu""lin" across the state

frontier of narcotic ps!chotropic substances substances with a

powerful action toic poisonous radioactive eplosive substances

harmful waists armament eplosive devices fire "uns and munitions

cultural historical and other valuable ob<ects forbidden for bein"

introduced or ta'en out of the countr! and hidden durin" control=

h) assure fulfillment of obli"ations resultin" from treaties

(a"reements) concluded b! the R. of Moldova with the nei"hborin"

countries concernin" the issues of the state frontier re"ime and other

common actions related to the state frontier participate in the wor's

of frontier representation assure protection and maintenance of the

frontier si"ns=

i) eercise at the state frontier crossin" chec'points

authori3ation of crossin" for persons transport means "oods and other

assets at presentation of documents concluded in a proper manner=

<) wor' out protocols on committed administrative minor offences

and eamine them within the limits of their competence=

') investi"ate cases within their competence=

© MoldInfoLex [04.03.2004] 15



l) in the re"ion of their service provide to the officials with

special mandates necessar! support in their activit! of control over

the preservation of natural resources observance of fishin" rules use

of wood and accessorial products of forest and protection of environment

from pollution==

m) carr! out preventin" of minor offences the combatin" of which is

in their competence=

n) present to the Ministr! of the 6nterior the form of the

established model concernin" enterin" or eitin" the R. of Moldova b!forei"n or stateless citi3ens from countries with an increased ris' of

mi"ration.

($) The frontier troops within the perimeter of the frontier 3one

the Moldovan sector of the frontier waters isles of these waters where

the frontier re"ime is established at the state frontier crossin"

chec'points as well as in the frontier re"ions are entitled to

a) build necessar! technical sapper installations install

telecommunications and communications lines install and use the

e2uipment and armament in the territories transferred under le"al

conditions=

b) be present in an! sector of the localit! move in their territor!

durin" performance of their duties re2uest proprietors andbeneficiaries of plots of land in the frontier 3one to offer space and

necessar! conditions for the movement of frontier "uards patrols=

c) accompan! transport means and install on these frontier "uards

patrols with a view to preventin" and re<ectin" the violations of the

state frontier re"ime the frontier re"ime and the re"ime of the state

frontier crossin" chec'points and chec' persons4 6%s and accompan!in"

documents on transport means chec' transport means "oods and other

assets transported b! these=

d) detain with the assistance of the frontier "uards patrols and

perform bod! chec'in" of persons sub<ect to bein" suspected of

violation of the state frontier re"ime the frontier re"ime or the

re"ime of the state frontier crossin" chec'points brin" these personsto the frontier troops subunits or other places to clarif! the

circumstances of violations= stop and detain transport means that have

violated the aforementioned re"imes to clarif! the circumstances of

violations=

e) forbid enterin" the R. of Moldova to forei"n and stateless

citi3ens who present a threat for the national securit! and le"al order

based on information provided b! the respective bodies=

f) carr! out administrative detention of persons who violated the

state frontier re"ime the frontier re"ime or the re"ime of the state

frontier crossin" chec'points for a period of up to $ hours in order to

wor' out a protocol and in the event of necessit! of identif!in" those

(if the offenders fail to present their 6%s) and clarif!in" the

circumstances under which the minor offence was committed for a period

of more that #& hours with the sanction of the prosecutor perform bod!

chec'in" of the detained persons verif! their documents chec' their

staff and confiscate this in case of necessit!. 5 protocol shall be

wor'ed out for each case of administrative detention bod! chec'in"

chec'in" and confiscation of staff found at the detained person=

") detain with the sanction of the prosecutor forei"n and

stateless citi3ens that have crossed the state frontier ille"all! and

concernin" whom based on the present law decisions were made to render

them to the authorities of the nei"hborin" countries or epel them from

the territor! of the R. of Moldova for the period necessar! to eecute

the decision=

© MoldInfoLex [04.03.2004] 16



h) detain persons submitted to administrative detention in the

epress arran"ed rooms of the frontier troops and persons detained on

basis of criminal procedures in isolators for temporar! detention or

the epress arran"ed rooms of the frontier troops for the detention of

persons submitted to administrative detention= in case of necessit!

install these persons in isolators for criminal pursuit or other epress

arran"ed rooms of the internal affairs bodies=

i) invite persons to the frontier troops subunits and obtain

eplanations concernin" the circumstances 'nown b! them of ille"al statefrontier crossin" or other violation of the state frontier re"ime the

frontier re"ime or the re"ime of the state frontier crossin"

chec'points. 6n special cases the eplanations concernin" the

aforementioned violations can be obtained in other places as well. 6n

the event that the! fail to respond to the invitation these persons can

be brou"ht in with force=

<) ma'e correspondin" notes in the documents on the ri"ht of the

state frontier crossin" and in case of necessit! these can be

temporaril! confiscated as well as forei"n and false documents=

') confiscate in the absence of the customs bodies narcotic

ps!chotropic substances substances with a powerful action toic

poisonous radioactive eplosive substances harmful waists armamenteplosive devices fire "uns and munitions cultural historical and

other valuable ob<ects identified durin" performance of the frontier

control and smu""led across the state frontier=

l) limit or temporaril! forbidden the movement of persons and

transport means as well as restrict access of citi3ens in special

sectors of the localit! durin" the performance of investi"ations and

frontier operations other search actions as well as of actions

concernin" criminal and administrative violations=

m) in case of <eopardi3in" of the interests of the R. of Moldova at

the state frontier limit temporaril! an! wor's in the frontier 3one

with the eception of defense wor's and wor's related to natural

calamities or particularl! dan"erous infectious diseases notif!in" thelocal selfadministration bodies concerned enterprises institutions

or"ani3ations=

n) enter at an! hour of da! or ni"ht the houses of citi3ens the

territor! and the premises of enterprises institutions or"ani3ations

(with the eception of those which have diplomatic immunit! status) and

carr! out eaminations in case of pursuit of persons for whom there are

sufficient "rounds to be suspected of havin" violated the state

frontier. 6n the event that the house was entered without the consent of

the dwellers the prosecutor shall be notified within #& hours about

this=

o) use unconditionall! in the service interests telecommunication

means and in case of re<ectin" of armed fora!s in the territor! of the

R. of Moldova carr!in" out investi"ations brin"in" persons suspected

of havin" committed violations use transport means of enterprises

institutions or"ani3ations and upon case of citi3ens refundin" to the

proprietors at their re2uest and in the manner envisioned b! the law

the ependitures and caused dama"e. ;ceptions are the

telecommunications and transport means that belon" to the diplomatic and

other representations of the forei"n countries=

p) re2uest and obtain free of char"e from the public administration

authorities enterprises institutions or"ani3ations and public

associations the necessar! information for the fulfillment of the

frontier troops functions=

r) 'eep record of persons and real dates necessar! for carr!in" out

control over the maintenance of the state frontier re"ime the frontier

© MoldInfoLex [04.03.2004] 17



re"ime and the re"ime of the state frontier crossin" chec'points and

use for this purpose information s!stems under the conditions of the

le"islation=

s) forward proposals to the public administration authorities

enterprises institutions or"ani3ations and public associations

concernin" elimination of causes and conditions that contribute to

committin" minor offences the investi"ation and procedure of which is

within the competence of the frontier troops=

t) stimulate citi3ens who distin"uished in the state frontier"uardin"=

u) use "uns fi"htin" e2uipment specific means ph!sical force

trained do"s in cases and conditions envisioned b! the present law=

v) detain in the Moldovan sector of the frontier waters and escort to the closest river port (qa!)

or other destination" the non#$ilitar! forei%n ships" that have violated the state frontier re%i$e" in

the event that the ship co$$its a hostile act to the &' of Moldova" carries ot

e$aration*dise$aration of persons" loadin%*nloadin% of %oods and other assets in foridden

places" en%a%es in fishin%" sin% of illicit wood and accessorial prodcts of forest" and other

foridden activities" dischar%es da$a%in% sstances or other wastes and $aterials" if $e$ers of

the crew or other persons on oard deteriorate the frontier si%ns" navi%ation installation $eans"

other srface of s#aqatic o+ects" that constitte the propert! of the &' of Moldova' ,orei%nnon#$ilitar! ships shall e rendered in the estalished $anner to the athori-ed representatives of

the respective states" whether the! are e.pelled fro$ the Moldovan sector of the frontier waters or

confiscated in co$pliance to the decision of the cort in cases envisioned ! the le%islation of the

&' of Moldova' [+rt.27 amended ! "a# nr.11$%& of 17.02.0(, in force 2(.03.0('

[+rt. 27 modified ! "a# nr. 20*$%& of 29.0(.03, in force 1-.07.03'

[P. 3 art.27 amended ! "a# nr. 13$%& of 0*.02.03, in force e 07.03.03'

[P. 2 art.27 amended ! "a# nr. 1(24$%& of 12.12.02, in force 21.01.03'


Arti!e 0'$ Mandates of 5nti5erial %efense @nits

(1) The antiaerial defense units shall "uard the state frontier inthe air space.

(#) For this purpose the!

a) eercise control over the observance of the state frontier

crossin" rules=

b) ta'e measures for landin" on the territor! of the R. of Moldova

of airships and other planes that have crossed the state frontier

ille"all! or violated the rules of usin" the air space of the R. of

Moldova=

c) provide support to the airships that have crossed the state

frontier ille"all! in event of certain unintended actions of the crews

of these airships related to the unfavorable weather conditions for

fl!in" directin" them to the landin" aerodromes on the territor! of theR. of Moldova or outside the air space of the R. of Moldova.

($) The antiaerial defense units <ointl! with the frontier troops

are entitled to

a) use specific means from their endowment to identif! airships and

other planes in the air space of the R. of Moldova in the event of ris'

of ille"al crossin" or ille"al crossin" of the state frontier=

b) forbid definitivel! or limit the fl!in" of airships in the air

space of the R. of Moldova in case of ris' of ille"al crossin" b! these

of the state frontier=

c) invite members of airships crews owners of other planes that

have crossed ille"all! the state frontier after their landin" on the

territor! of the R. of Moldova to the subunits of the 5rmed Forces ofthe R. of Moldova or other places for clarif!in" the circumstances of

© MoldInfoLex [04.03.2004] 18



their ille"al crossin" of the state frontier and their renderin" to the

criminal investi"ation bodies if the international treaties

(a"reements) to which the R. of Moldova adheres do not have other

envisionin"=

d) use fi"htin" "uns and e2uipment in conformit! with the present

law.

[+rt. 2- modified ! "a# nr. 20*$%& of 29.0(.03, effective 1-.07.03'

Arti!e 0,$ 0ooperation in State Frontier -uardin"Frontier troops antiaerial defense units troops and bodies of the

Ministr! of the 6nterior

a) provide mutual assistance in fulfillin" their obli"ations

concernin" the state frontier "uardin"=

b) within the limits of the mandates established b! the present law

coordinate actions of the bodies eercisin" various t!pes of control

over the maintenance of the state frontier re"ime the frontier re"ime

or the re"ime of the state frontier crossin" chec'points without

interferin" with these actions=

c) or"ani3e directl! at the state frontier cooperation of their

forces with the public administrative authorities that participate in

the state frontier "uardin" or carr! out activities related to theinterests of the state frontier "uardin"=

["etter c modified ! "a# nr. 474$%)& of 2(.0*.99'

d) collaborate in state frontier "uardin" with the similar bodies

and troops of other states in the manner established b! international

treaties (a"reements) to which the R. of Moldova adheres.[+rt.29 amended ! "a# nr.11$%& of 17.02.0(, in force 2(.03.0('

Arti!e 1&$ @se of Fi"htin" -uns and ;2uipment

(1) Performin" the state frontier "uardin" the frontier troops the

antiaerial defense units use fi"htin" "uns and e2uipment for a) re<ectin" armed fora!s in the territor! of the R. of Moldova=

b) defeatin" the attempts of stealin" and smu""lin" across the

frontier of airships river ships and other transport means without

passen"ers=

c) re<ectin" actions of persons airships river ships and other

transport means that have crossed (are crossin") the state frontier

violatin" the rules established b! the present law as a response to the

use of force and "uns b! the aforementioned or in other cases when

stoppin" violation or detainin" offenders cannot be carried out with

other means=

d) defendin" citi3ens from bein" attac'ed releasin" hosta"es in

cases when their life or health is at ris'= ["etter d in edition of "a# nr. 2*3$%)& of 24.12.9-'

e) re<ectin" attac's at the militar! persons eercisin" their

duties or performin" their social obli"ation of state frontier "uardin"

at members of their families when their life is at a direct ris'=

f) re<ectin" attac's at subunits and ob<ects of the frontier troops

of the 5rmed Forces inclusivel! for providin" support to ships (boats)

airplanes (helicopters) in case of re<ectin" armed attac's at them.

(#) The use of fi"htin" "uns and e2uipment should be preceded b! a

clear warnin" concernin" the intent to use them and warnin" shots.

($) 6n all the cases of usin" fi"htin" "uns and e2uipment the

frontier troops the antiaerial defense units shall be obli"ed to ta'e

© MoldInfoLex [04.03.2004] 19



all the measures so that the dama"e caused to the health honor

di"nit! and assets of the citi3ens is the least possible.

[P. 3 art.30 introdced ! "a# nr. 2*3$%)& of 24.12.9-'

(&) Fi"htin" "uns and e2uipment can be used without warnin" in the

followin" cases armed attac' or unarmed attac' b! ta'in" b! surprise

the militaries and other citi3ens when their life and health are at a

real ris' that cannot be defeated b! other means= attac' with the use

of fi"htin" e2uipment of airships river ships and other transportmeans= opposin" armed resistance= escape of armed detained persons= with

a view to release hosta"es.

(,) The militar! of the frontier troops when eercisin" their

functions of state frontier "uardin" have the ri"ht to use "uns to ma'e

inoffensive wild animals that <eopardi3e the life and health of the

militar! and citi3ens as well as for si"nali3in" alarm or callin" for

help.

(7) @se of fi"htin" "uns and e2uipment is forbidden

a) at women minors old women persons with visible ph!sical

handicap with the eception of cases of armed attac' committed b!

these opposin" armed resistance or "roup attac's <eopardi3in" life=

b) at airships river ships and other transport means withpassen"ers=

c) at persons that have crossed or are tr!in" to cross the state

frontier ille"all! if this has a visible accidental character or is due

to an accident or natural calamit!=

d) at persons that have violated the state frontier and when bein"

detained tr! to return to their territor! if in this case the! don4t

oppose an! armed resistance=

e) in case of an attempt to escape of persons detained for brea'in"

the frontier state re"ime the frontier re"ime or the re"ime of the

state frontier crossin" chec'points=

f) at animals that cross the state frontier.

(8) The persons who have used ille"all! the fi"htin" "un ore2uipment shall bear disciplinar! or criminal responsibilit! in

compliance with the le"islation.

Arti!e 1%$ @se of Specific Means from ;ndowment

(1) hen eercisin" the functions of the state frontier "uardin"

the militar! of the frontier troops use specific means from endowment

(handcuffs or improvised measures for t!in" hands rubber stic's tear

substances audiovisual devices with action of distraction

installations for the forced stoppin" of transport means) use ph!sical

force inclusivel! fi"htin" s'ills use service do"s.

(#) The complete list of specific devices from endowment and rules

of their use in the state frontier "uardin" shall be established b! the

-overnment.

Chapter I)

LE.AL A2D SOCIAL PROTECTIO2 OF THE MILITAR7 OF FRO2TIER TROOPS5

PERSO22EL HIRED BASED O2 WOR4 CO2TRACTS5 CITI6E2S WHO PARTICIPATE I2 THE

STATE FRO2TIER .UARDI2. A2D MEMBERS OF THEIR FAMILIES

Arti!e 10$ /e"al Protection of the Militar! of Frontier Troops and

Members of Their Families

(1) The militar! of the frontier troops who participate directl! in

the state frontier "uardin" have the status of militar! with special

functions envisioned b! the present law. The! are representatives of the

© MoldInfoLex [04.03.2004] 20



power and are under state protection. Their le"al re2uests are

obli"ator! for bein" obe!ed b! persons and officials. Gobod! with the

eception of persons epressl! authori3ed b! law has the ri"ht to

intervene in their activit!.

(#) The le"al protection of famil! members of the frontier troops

militar! shall be performed in compliance with the le"islation.

Arti!e 11$ /e"al Protection of Personnel Hired on Easis of or'

0ontracts and Members of Their Families6lle"al actions committed a"ainst personnel hired on basis of

contracts and members of their families related to their wor' in the

frontier troops shall brin" about the responsibilit! envisioned b! the

le"islation.

Arti!e 1-$ Social Protection of the Frontier Troops Militar!

Personnel Hired on Easis of or' 0ontracts and Members of Their Families

(1) The social protection of the frontier troops militar! of

personnel hired on basis of wor' contracts and of members of their

families shall be "uaranteed b! the le"islation.

(#) The action of the /aw on Social and /e"al Protection of the

Militar! and Members of Their Families of 0iti3ens in Militar! Serviceof articles #:&? of the /aw on Police as well as of articles #1#8 of

the /aw on 0arabineri (6nterior) Troops of the Ministr! of the 6nterior

are etended inte"rall! to the militar! of the frontier troops.

[P. 2 in edition of "a# nr. 9-$%)& of 22.07.9-'

($) For the militar! of the frontier troops personnel hired on

basis of wor' contracts other "uarantees and compensations besides

those envisioned in the present law can be established.

Arti!e 1+$ /e"al and Social Protection of 0iti3ens Participatin"

in the State Frontier -uardin"

(1) 6lle"al actions committed a"ainst citi3ens and members of theirfamilies related to their providin" support to the frontier troops in

state frontier "uardin" shall brin" about responsibilit! in compliance

to the le"islation.

(#) The social protection of citi3ens who participate directl! in

the state frontier "uardin" shall be "uaranteed b! the le"islation.

($) For citi3ens participatin" in the state frontier "uardin"

additional "uarantees and stimulator! measures can be established b! the

heads of ministries departments enterprises institutions

or"ani3ations within the limits of their mandates.

Chapter )

FI2AL PROVISIO2S

Arti!e 13$ Responsibilit! for >iolations 0ommitted at the State

Frontier

Persons liable for brea'in" the rules of the state frontier re"ime

the frontier re"ime and the re"ime of the state frontier crossin"

chec'points shall bear administrative or criminal responsibilit! in

conformit! with the le"islation.

Arti!e 1*$ Supervision of +bservance of /e"islation on the State

Frontier

© MoldInfoLex [04.03.2004] 21



Supervision of observance of le"islation on the state frontier shall

be eecuted b! the Prosecutor -eneral and prosecutors in his

subordination.


Arti!e 1'$ Financial 5ssurance of the State Frontier -uardin"

(1) The financial assurance of the state frontier "uardin" shall be

made at the epense of the Republican bud"et and etrabud"etar! means.

(#) The etrabud"etar! means shall be spent in the mannerestablished b! the -overnment.

[P. 2 art.3- modified ! "a# nr. 7(4$%)& of 23.12.1999'

Arti!e 1,$ Technical Material 5ssurance of the State Frontier

-uardin"

(1) The technical material assurance of the state frontier "uardin"

shall be carried out from land technical material and other state

funds.

(#) The norms and the manner of technical material assurance of the

state frontier "uardin" shall be established b! the -overnment.

Law on State Borders

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