LAW OF THE REPUBLIC OF MOLDOVA

of March 4, 2021 No. 17

About introduction of amendments to the Law on domestic trade No. 231/2010

The Parliament adopts this organic law.

Art. I. - In the Law on domestic trade No. 231/2010 (repeated publication: The official monitor of the Republic of Moldova, 2016, Art. No. 265-276, 571), with subsequent changes to make the following changes:

1. In all text of the law of the word "regulations on implementation of trading activity in the respective settlement" shall be replaced with words "provision on local trade" in the corresponding case.

2. Add the law with Article 1-1 of the following content:

"Article 1-1. Basic principles of trading activity

The basic principles of regulation and implementation of internal trading activity - the principles applicable to implementation of business activity, namely:

a) equality and equality of legitimate interests of all physical persons and legal entities which are engaged in trading activity;

b) transparency and predictability began, implementation and/or the termination of trading activity. The ambiguous moments arising in case of application of this law in the course of the beginning, implementation and liquidation of trading activity shall be interpreted for benefit of the bearer/businessman;

c) transparency of decision making in the field of regulation of trading activity;

d) material and procedural regulation by means of the laws of conditions of the beginning, change and termination of trading activity;

e) declaring by the bearer under own responsibility of observance of the conditions provided by this law and the applicable regulatory base;

f) approval by default, in case of excess by body of local public authority of the term established by the law for issue of references, the scheme of placement or other documents accompanying the procedure of the notification;

g) justice (proportionality) of interests of society and businessmen, and also relations of the state and entrepreneur. Activities of body of the local public authority or other organization equipped with the law functions of regulation and control in the relations with the businessman shall be proportional to ensuring interests of society and protection of the rights of businessmen. Bodies of public management shall not take actions exceeding requirements of goal achievement of society;

h) use of single window - bodies issuers in cooperation with other bodies with the state or related functions shall interact within single window for the purpose of minimization of costs and efforts of businessmen in case of the beginning, implementation and the termination of activities;

i) realization of the range of goods corresponding to type of trade item;

j) management of trade inventories and provision of additional services from the point of view of ensuring cost efficiency;

k) knowledge of forms and implementation methods of goods according to specialization of trade item;

l) providing conditions of management, the storage, traceability and harmlessness characteristic of products or services, according to the legislation;

m) observance of legal requirements to implementation of trading activity on voluntary basis, including by means of declaring under own responsibility.".

3. State Article 3 in the following edition:

"Article 3. Concepts

For the purpose of this law the used concepts mean the following:

trading activity - activities of the businessman on the basis of one or several forms of trade performed separately or it is combined by participation in business volume by means of trade items, including by provision of additional commercial services;

amplasament - the area of the parcel of land or the area in certain room / construction / structure intended for implementation of trading activity by means of one or several small retail trade items;

business volume (commodity market and services) - the system of the public relations which are formed in the course of provision of commercial services, performance of works, preparation for sale, sale/purchase of goods or services, property hiring or other actions connected with delivery of property regulated by precepts of law (products, goods) or the services to the consumer arising between subjects of the commercial relations;

the businessman - person performing trading activity in one of forms of business of business activity or in other form of the trading activity provided by the law;

small retail trade - the activities for retail trade which are carried out through small retail trade items;

trade of cash and carry - the trade form performed through stationary trade items and combining wholesale and retail trade;

retail trade - form of trade in case of which goods are on sale directly to consumers for final consumption, the cases which except for are directly provided by the law;

wholesale trade - the trade form performed through stationary trade items in which goods are implemented mainly for their retail resale or use in production, conversion or in other purposes which are directly not prohibited by the law;

control purchase - the action made by authorized persons from consumer protection and supervision Agency of the market, the National agency on safety of foodstuff, the State Tax Administration, consisting in purchase of material values, order placement on performance of works or rendering services at the expense of the means provided for this purpose in the budget of relevant organ without the purpose of their acquisition (consumption) or realization. After sight the authorized person of identification documents and informing the businessman on control purchase goods purchased return at their cost, except for goods which cannot be returned in their initial condition, and the executed services;

the declaration of the producer - the declaration under own responsibility concerning quantity and harmlessness of the sold products constituted according to the sample and the procedure established by the Government, granting the privilege of access to the markets or amplasament based on part (5) Article 12;

the declaration of home producer - the declaration under own responsibility concerning quantity and harmlessness of the sold products, and also compliance of the customs applicant to requirements to home producer constituted according to appendix 6;

the applicant of the notification in the field of trade - person submitting the notification in the field of trade according to the conditions established by this law;

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