LAW OF THE REPUBLIC OF MOLDOVA

of April 14, 2022 No. 102

About modification of some regulations

The Parliament adopts this organic law.

Art. I. - In article 1 of the Law on counteraction of extremist activities No. 54/2003 (Official monitor of the Republic of Moldova, 2003, Art. No. 56-58, 245), with subsequent changes, to make the following changes:

in Item b) concepts "extremist activities":

state the first paragraph in the following edition:

"b) exposure, production, distribution, and also ownership for the purpose of public distribution:

- fascist attributes or symbolics;

- national socialist (Nazi) attributes or symbolics;

- attributes or symbolics of the extremist organization;

- the well-known attributes or symbolics used in the context of acts of military aggression, war crimes or crimes against humanity and also promotion or glorifications of these actions;

- the attributes or symbolics created by stylization of fascist, national socialist (Nazi) attributes or symbolics, attributes or symbolics of the extremist organization or well-known attributes or symbolics used in the context of acts of military aggression, war crimes or crimes against humanity and also promotion or glorification of these actions and the attributes or symbolics similar to them to extent of mixing.";

state the second paragraph in the following edition:

"Are not considered as exposure, production, distribution or ownership for the purpose of public distribution of fascist, national socialist (Nazi) attributes or symbolics, attributes or symbolics of the extremist organization, and also the well-known attributes or symbolics used in the context of acts of military aggression, war crimes or crimes against humanity, and equally in promotion or glorification of these actions in representation of those in textbooks/books or on other carrier of scientific/educational nature, their exhibiting at exhibitions of scientific/educational nature and also their production, ownership of them or their use in theatrical performances, movies or within the actions for historical reconstruction when participants carry out certain program according to the predefined plan for reconstruction of different aspects of certain historical event or the period.";

add Item with the paragraph of the following content:

"The well-known attributes or symbolics used in the context of acts of military aggression, war crimes or crimes against humanity and also promotion or glorifications of these actions, are understood as flags, the color / notifying strips and tapes (two-color black-orange strip), emblems (graphical elements, letters or figures and their combinations), badges, uniform, slogans, greetings, and also any other similar signs used by participants of acts of military aggression, war crimes or crimes against humanity, and is equal persons who, without being participants of such actions, promote distribution in information space and promotion in the society of the ideas of instigation, justification, glorification or discharge for acts of military aggression, war crimes or crimes against humanity. Well-known nature of such attributes and symbolics remains only in cases when such attributes and symbolics, and also connotations inherent in them objectively became widely known in society at the international and local level. Promotion or glorifications of these actions, the strips and tapes which are components of the signs, medals and awards handed to persons for participation in World War II are not the well-known attributes or symbolics used in the context of acts of military aggression, war crimes or crimes against humanity and also;";

state the concept "materials of extremist nature" of the following edition:

"materials of extremist nature - the materials intended for public distribution and aiming to call for extremist activities, to prove or justify need of such activities or to justify practice of making of the war or other crimes directed to complete or partial extermination of any ethnic, social, racial, national or religious group, representing:

- documents or information on paper or other carrier, including anonymous;

- fascist, national socialist (Nazi) attributes or symbolics, attributes or symbolics of the extremist organization, and also the well-known attributes or symbolics used in the context of acts of military aggression, war crimes or crimes against humanity, and equally in promotion or glorification of these actions;

- the attributes or symbolics created by stylization of fascist, national socialist (Nazi) attributes or symbolics, attributes or symbolics of the extremist organization, and also the well-known attributes or symbolics used in the context of acts of military aggression, war crimes or crimes against humanity, and equally in promotion or glorification of these actions.".

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. In part (2) Articles of the 16th figure", 203," shall be replaced with words ", parts (1) - (4), (6), (7) and (9) - (12) Articles 157, Article 203,".

2. In Article 18:

to state the name of Article in the following edition:

"Article 18. Sizes and damage";

consider single part part (1);

add Article with parts (2) and (3) the following content:

"(2) Relevancy or importance of the caused damage is determined taking into account the cost, quantity and the importance of property for the victim, its financial position and the income, availability of dependents, other circumstances having significant effect on financial position of the victim irrespective of the sizes.

(3) Relevancy or importance of the damage caused in case of infringement of the rights and interests protected by the law is established taking into account extent of violation of basic rights and freedoms of the victim.".

3. Add Article 19 with Item g) the following content:

"g) execution of the order or order of the chief.".

4. Add the code with Article 25-1 of the following content:

"Article 25-1. Execution of the order or order of the chief

(1) the act provided by the law on offenses, which is commited by person in pursuance of obligatory for it the order or the order of the chief if the order or the order were not obviously illegal is not offense and if person who performed it, did not know that the order or the order are illegal. Pravonarushitelny responsibility for committed act is born by person who made the illegal order or the order.

(2) Person who made intentional offense in pursuance of obviously illegal order or the order of the chief bears the tort liability in accordance with general practice.

(3) Non-execution of obviously illegal order or order excludes pravonarushitelny responsibility for non-execution and/or caused with respect thereto damage.

(4) Provisions of this Article extend to all subjects of pravonarushitelny responsibility.".

5. Part (Article 30 to state 3) in the following edition:

"(3) Special prescriptive limit of accountability for the offenses provided by parts (4) and (10) Articles 74, Articles 78-1 and 155-1, part (3) and Items c), d), g) parts (4) Article 177 and Article 179, 18 months constitute.".

6. In Article 37:

part (to add 6) with the following offer: "The petition for replacement of unpaid work for benefit of society arrest for offense is considered by court in 30-day time.";

part (to recognize 8) invalid.

7. In part (1) Article 44-1 of the word "books of the second." shall be replaced with words "books of the first.".

8. In Article 46-1:

part (to add 5) with Item d) the following content:

"d) violation is unremovable.";

part (to state 11) in the following edition:

"(11) Provisions of this Chapter are applied to the offenses provided in Articles 55-61, Articles 74-74-3, to Article 76-1, parts (1) - (7) Articles 77, to Article 77-1, parts (1) and (5) Articles 79, to Article 80, Articles 81-83, to Article 91-1, Articles 93-95, Articles 97-98, Articles 109-156, parts (1) - (3), (5) and (6-1) Articles 157, Articles 158-169, to Article 177, to Article 180-1, Articles 182-196-1, parts (1) - (10) and (12) - (29) Articles 197, Articles 198-200-1, to Article 204, Articles 206-207, to Article 221-1, to Article 224, Articles 246-259-1, to Article 268, Articles 270, of 271, parts (3), (7) - (11), (13) and (14) Article 272-1, Items 4), 6), 10)-14), 17) and 18) of Article 273, parts (2) - (4), (6) and (7) Articles 274, to Article 275, Articles 277-1-280, Articles 283-285, parts (1), (2) and (5) Articles 286, parts (4) and (5) Article 293-2, to Article 330-1, to Article 330-3, to Article 330-5, Articles 344-1-345, to Article 348, parts (4) Articles 349, Articles 358, 358-1, parts (6) - (8) Articles 364, to Article 364-1.".

9. Part (3) Article 54 to recognize invalid.

10. Add the code with Article 55-4 of the following content:

"Article 55-4. Abuse of regulations of accomplishment of the odd unskilled works performed by time-workers

(1) Violation of regulations on daily duration or duration within one calendar year of the odd unskilled works performed by the time-worker

attracts imposing of penalty on physical persons in the amount of 25 to 50 conventional units and on legal entities in the amount of 50 to 100 conventional units.

(2) Violation of regulations on attraction to the odd jobs performed by time-workers, persons aged from 15 up to 16 years without written consent of their parents or legal representatives

attracts imposing of penalty on physical persons in the amount of 40 to 80 conventional units and on legal entities in the amount of 50 to 100 conventional units.

(3) Violation of regulations on compensation of the time-worker

attracts imposing of penalty on physical persons in the amount of 30 to 60 conventional units and on legal entities in the amount of 40 to 80 conventional units.

(4) Abuse of regulations of maintaining Register of accounting of time-workers

attracts imposing of penalty on physical persons in the amount of 15 to 30 conventional units and on legal entities in the amount of 20 to 40 conventional units.".

11. State Article 74 in the following edition:

"Article 74. Violation of the law about cultural heritage, archaeological heritage or about the monuments built in public places

(1) Violation of the mode of protection and use of objects of cultural heritage, archaeological heritage or monuments built in public places

attracts imposing of penalty on physical persons in the amount of 350 to 500 conventional units, on officials in the amount of 1000 to 1500 conventional units and on legal entities in the amount of 1000 to 1500 conventional units.

(2) Construction of monuments in public places without the approvals provided by the law

attracts imposing of penalty on physical persons in the amount of 90 to 180 conventional units, on officials in the amount of 180 to 250 conventional units and on legal entities in the amount of 250 to 300 conventional units.

(3) Dismantle, transfer or modification of the monuments built in public places without the approvals provided by the law

attracts imposing of penalty on physical persons in the amount of 350 to 500 conventional units, on officials in the amount of 750 to 900 conventional units and on legal entities in the amount of 1000 to 1500 conventional units.

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