LAW OF THE REPUBLIC OF MOLDOVA

of October 12, 2018 No. 159

About modification of some legal acts

The Parliament adopts this organic law.

Art. I. - In the Security act of traffic No. 131/2007 (repeated publication: The official monitor of the Republic of Moldova, 2015, Art. No. 11-21, 6), with subsequent changes to make the following changes:

1. To add article 2 after the concept "impact assessment on road safety" with concept of the following content: "use of the mobile terminal equipment of electronic communications - the actions assuming use by means of direct contact of mobile phones and/or similar portable devices for telephone negotiations, reading and set of texts, navigation on web platforms and also use of mobile applications, photos/video cameras;".

2. In part (3) Article 33:

Item d) to state in the following edition:

"d) not show elements of aggressive driving, expressed in such actions as:";

add part with Item e) the following content:

"e) apply during traffic of regulation of provident driving and not perform during action movement, distracting attention from driving, expressed in use of mobile phones or similar devices, except for phone calls in services of the emergency challenges, phone calls via wireless devices like "free hands" and uses of the mobile terminal equipment of electronic communications fixed as appropriate.".

3. Add Article 36 with part (3) the following content:

"(Cyclists, drivers of horse drawn vehicles not perform 3) during action traffic, distracting their attention, expressed including in use of the mobile terminal equipment of electronic communications.".

4. Part (Article 37 to state 4) in the following edition:

"(4) movement on highways public Is forbidden at night and in case of reduced visibility of vehicles at which steering is established to the right of longitudinal axis, except the vehicles which are in international movement.".

Art. II. - In the Code of the Republic of Moldova about offenses No. 218/2008 (repeated publication: The official monitor of the Republic of Moldova, 2017, Art. No. 78-84, 100), with subsequent changes to make the following changes:

1. Add Article 16 with parts (6-1)-(6-3) of the following content:

"(6-1) in case of making of offense by acceptance or rejection of any act by collegiate organ, each of members of collegiate organ is subject to responsibility.

(6-2) Member of collegiate organ are not subject to responsibility for adoption of the act if there are proofs of that it:

a) was not present at meeting and did not participate in vote; or

b) did not vote; or

c) voted against.

(6-3) Member of collegiate organ are not subject to responsibility for rejection of any act if there are proofs of that it:

Did not know 1) and shall not know about need of adoption of the act; or

2) having the legitimate, contract or authorized right, took necessary measures for convocation of meeting or inclusion in the agenda of collegiate organ of question of adoption of the relevant act, and also correctly executed the obligations concerning the organization, holding meeting of collegiate organ or, on circumstances, signings, vising, countersignings, submissions of requests, petitions, cases and documentation necessary for preparation of the agenda and consideration of drafts of decisions; or

3) was absent at meeting on which agenda there was matter or on which it was considered, on the following bases:

a) did not know and could not know about convocation of meeting;

b) was involved in consideration of the case in degree of jurisdiction, arbitral organization or in meeting on mediation;

c) there was in official journey in other settlement, than in what the meeting was convened;

d) was on vacation;

e) for the reason that the meeting took place before the expiration of nine-day term from the date of the death of the spouse/spouse, the cohabitant/cohabitant or the close relative;

f) for cause of accident, natural disaster or for other reason making impossible its presence at meeting; or

4) voted for adoption of this act earlier.".

2. In part (Article 30 of the word "stipulated in Article 179," shall be replaced with words 3) "provided by Articles 155-1 and 179,".

3. In Article 32:

in Item f) parts (2) words "storages and carrying weapon);" shall be replaced with words "storages or carrying and uses of weapon);";

part (to add 3) after the words "certain positions" with words ", deprivation of the special right".

4. In Article 34:

in parts (2-2) and ("calendar" to exclude 2-3) word;

part (to state 3) in the following edition:

"(3) the Offender has the right to bring half of the established penalty in case of its payment within no more than three working days from the date of bringing to data of the offender of the decision on assignment of punishment for offense.

In this case mulctary punishment is considered fulfilled in complete size, except for case of contest of the decision on assignment of punishment for offense if the offender did not withdraw the application for contest of the decision passed on the case of offense before judicial investigation.".

5. In Article 36:

part (to state 5) in the following edition:

"(5) Deprivation of the right of storage or carrying and use of weapon is appointed by degree of jurisdiction for a period of 2 years up to 5 years depending on weight of the offense provided by the special part of the book of the first.";

in part (6) words of "the right of storage and carrying weapon" shall be replaced with words "the rights of storage or carrying and use of weapon".

6. In part (2) article 37 change concerns only the text in state language.

7. Add the code with Article 44-1 of the following content:

"Article 44-1. Application of milder pinishment, than provided by the law

(1) Considering the exceptional circumstances of case connected with the purpose and motives of act, role of the offender in making of offense, the identity of the offender, his behavior in time and after making of offense, other circumstances significantly reducing weight of act and its effect, and also active contribution of the participant of committed group offense to its disclosure, the stating subject on circumstances, the prosecutor, the degree of jurisdiction or the administrative commission can impose penalty below the lowest limit provided for the corresponding offense by the special part of the book of the second.

(2) part Provisions (1) are not applied to persons who did not perform punishment for offense for earlier made acts or have unspent conviction.".

8. State Articles 64 and 65 in the following edition:

"Article 64. Hindrance to implementation of the right of communication with the child and his education

(1) Unreasonable hindrance to one of parents (both parents) to participation in education of the child attracts imposing of penalty in the amount of 15 to 30 conventional units.

(2) Violation by parents / legal representatives, grandmothers and grandfathers, brothers or sisters of the child of the decision of body of guardianship on establishment of procedure for realization of the right to communication with the child

attracts imposing of penalty in the amount of 6 to 12 conventional units or assignment of punishment in the form of unpaid work for benefit of society for a period of 12 till 24 o'clock.

Article 65. Violation of the law about special protection of children, being in risk situations, and the children separated from parents

(1) Failure to carry out or inadequate accomplishment by authorized persons of powers of local body of guardianship or territorial authority of guardianship relatively:

a) identifications, accounting and the help to the children who are in risk situation;

b) protection of children, separated from parents;

c) determination of the status of the child;

d) rabotnichestvo of agencies of guardianship;

e) non-compliance with the conditions of acceptance and registration of messages on the children who are in risk situation established by the law attracts imposing of penalty on officials in the amount of 24 to 90 conventional units with deprivation or without deprivation of the right to hold certain positions for a period of 3 months till 1 year.

(2) the Failure to provide employees of the central and local authorities of public management, the structures, organizations and services which are part of these bodies or subordinated it, working in the field of the public assistance, education, health care, law enforcement agencies, terms and procedures provided by the mechanism of intersectoral cooperation in the relation:

a) the directions in competent authority of guardianship of messages on the children who are in risk situation and also about cases of violence, neglect or exploitation of the children who are in social services, medical, educational, cultural institutions;

b) participations in process of initial complex assessment of condition of the child at the request of local body of guardianship, and also in the course of development and deployment of the plan of the individual help

attracts imposing of penalty on physical persons in the amount of 15 to 60 conventional units and on officials in the amount of 30 to 150 conventional units with deprivation or without deprivation of the right to hold certain positions or the rights to perform certain activities for a period of 3 months till 1 year.

(3) Nesoobshcheniye to authorized body of guardianship by the official and other persons obliged to make it about existence of danger to life or health of the child or about violation of its legitimate rights and interests

attracts imposing of penalty in the amount of 15 to 30 conventional units.".

9. Add the code with Articles 65-2 and 65-3 of the following content:

"Article 65-2. Hindrance to work of the social assistant / specialist on protection of the rights of the child

Hindrance to work of the social assistant / specialist on protection of the rights of the child in the course of identification, assessment, accounting, assistance or monitoring of the child who is in risk situation or the child separated from parents by unreasonable refusal to provide the reliable and complete information or non-presentations during the specified term of required information, or illegal hindrance to access to the location of the child or intentional evasion from execution of legal instructions

attracts imposing of penalty on physical persons in the amount of 6 to 42 conventional units, on officials in the amount of 12 to 48 conventional units and on legal entities in the amount of 42 to 90 conventional units with deprivation or without deprivation in all cases of the right to hold certain positions or the rights to perform certain activities for a period of up to 6 months.

Article 65-3. Unreasonable refusal in issue of the medical certificate about the birth

Lack of distribution medical and sanitary organization of the medical certificate about the birth, its duplicate in cases, stipulated by the legislation, and also not ascertaining of the birth or lack of distribution of the medical certificate about the birth the doctor who delivered or whom mother after the child's birth addressed if the birth occurred out of medical and sanitary organization,

attracts imposing of penalty on physical persons in the amount of 18 to 48 conventional units, on officials in the amount of 36 to 60 conventional units with deprivation or without deprivation of the right to hold certain positions for a period of up to 6 months.".

10. In Article 66:

to add the name of Article with words ", non-compliance with legal instructions of body of guardianship";

add Article with part (3) the following content:

"(3) Failure to carry out in time legal instructions of body of guardianship about procedure of guardianship or custody over the minor or implementation of measure of protection concerning the adult

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