LAW OF THE REPUBLIC OF MOLDOVA

of December 18, 2008 No. 270-XVI

About shelter in the Republic of Moldova

Proceeding from need of observance of basic rights and human freedoms according to the commonly accepted principles and rules of international law, and also provisions of international treaties, one of the parties of which is the Republic of Moldova, realizing that regulation of the status of refugees is important guarantee of human rights, and also proceeding from need of ensuring compatibility of national legal acts with the legislation of the European community by the procedure of harmonization, based on Article 19 and Item r) parts (3) article 72 of the Constitution of the Republic of Moldova

The Parliament adopts this organic law.

This law:

– shifts parts (3) and (4) Article 20 of the Directive of the European parliament and Council 2011/95/EU of December 13, 2011 about standards of determination of citizens of the third countries or stateless persons as beneficiaries of international protection, about the single status of the refugees or persons having the right to additional protection and also about content of the provided protection published in the Official magazine of the European Union by L 337/9 of December 20, 2011, CELEX: 32011L0095;

– shifts Item (d) of Article 2, part (1) articles 4, of article 6, of 18, part (3) Articles 23, of part (1) and (3) Articles 24, Article 26, part (8) Articles 31, part (1) Articles 32, Article 36, of part (2) and (3) Articles 37, of part (1) and (2) Articles 38, of part (2) – (4) Article 39 and Appendix I to the Directive of the European parliament and Council 2013/32/EU of June 26, 2013 about general procedures of provision and deprivation of the international protection published in the Official magazine of the European Union by L 180/60 of June 29, 2013, CELEX: 32013L0032;

– shifts Items (g) and (k) of Article 2, part (2) Articles 6, Article 8, of part (1) and (3) Articles 9, part (4) Articles 10, Article 13, of part (1), (3) and (5) Articles 17, Article 19, of part (1) and (6) Articles 20, Article 21, parts (1) – (3) Articles 22, Article 25 of the Directive of the European parliament and Council 2013/33/EU of June 26, 2013, establishing standards of acceptance of the applicants who made inquiry about provision of the international protection published in the Official magazine of the European Union by L 180/96 of June 29, 2013, CELEX: 32013L0033.

Chapter I. General provisions

Article 1. Subject and purpose of this law

(1) This law establishes legal status of persons petitioning for provision of shelter, persons using international protection, temporary protection and political asylum and also the procedure of provision, termination and deprivation of protection.

(2) the Purpose of the law is creation of legal and institutional base of functioning of system of shelter in the Republic of Moldova.

(3) the Shelter is granted according to provisions of this law and other regulations, the conventional principles and rules of international law and with observance of provisions of international treaties, one of the parties of which is the Republic of Moldova.

Article 2. Coverage of this law

(1) Operation of this law extends to persons petitioning for provision of shelter, persons using the international, temporary protection or political asylum and on competent authorities in the field of shelter.

(2) This law is not applied to persons recognized by authorities of the Republic of Moldova as having the rights and obligations connected with possession of nationality of the Republic of Moldova.

Article 3. Basic concepts

For the purpose of this law the following basic concepts are used:

mass and spontaneous inflow of displaced persons – entrance on the territory of the Republic of Moldova of large number of persons arriving from certain country or specific geographical zone which exceeds possibilities of the General inspectorate on migration of Bureau on migration and refugees on consideration of individual statements for recognition of the status of the refugee or provision of humanitarian protection on conditions and in the terms provided by the law;

shelter – legal institution by means of which the state renders protection to the foreigner, recognizing behind it the status of the refugee and providing humanitarian, temporary protection or political asylum;

political asylum – the exclusive protection provided to the foreigner by the President of the Republic of Moldova;

person using international protection – the foreign citizen or the stateless person behind which the status of the refugee was acknowledged or to which humanitarian protection was provided, determined by Articles 17 and 19;

interpretation of the facts raising doubts for benefit of the applicant – the procedural principle applied concerning person who answers Article 44 conditions;

the center of placement – the center intended for temporary accommodation of persons petitioning for provision of shelter and persons using international protection according to the current legislation;

the statement for provision of shelter – the declaration of will expressed in written or oral form, turned to competent authorities from which the request for provision of one of protection forms in the territory of the Republic of Moldova follows;

family members – the spouse or, on circumstances, the spouses, children aged up to 18 years who are not married, being in their dependence irrespective of, they are legitimate illegitimate or adopted according to the national law of country of source, and also parents who live together with them;

the minor – the foreign citizen or the stateless person which did not reach age of 18 years and not having full legal capacity;

the unaccompanied minor – the foreign citizen or the stateless person which did not reach age of 18 years, arrived/arrived to the Republic of Moldova without the adult person responsible for them according to the law and also the minor who was left without maintenance after its arrival on the territory of the Republic of Moldova, so far it is really not transferred to care of adult person;

displaced persons – foreigners who are forced to leave the country or the region of the origin also cannot return in safety conditions because of existing in the country or the region of situation and which can fall under operation of article 1 (A) of the Geneva convention on the status of refugees of July 28, 1951, and also other national or international instruments providing international protection, in particular:

a) persons who left zones of armed conflict or spikes in violence;

b) persons who are exposed to risk of causing severe harm in sense of Article 45 or who became the victims of systematic or universal violations of their rights;

the procedure of provision of shelter – set of the performed operations and actions, and also the activities performed by competent authorities for the purpose of provision of one of protection forms in the territory of the Republic of Moldova;

international protection – the statuses of the refugee and the status provided by humanitarian protection, determined by Articles 17 and 19;

temporary protection – the protection of exclusive nature designed to provide in case of mass and spontaneous inflow of displaced persons who cannot return to country of source, immediate and temporary protection to these persons with risk that the system of shelter will not be able to cope with this inflow without negative effects for efficiency of the functioning, for the benefit of these persons, and also other persons who need protection;

humanitarian protection – the protection form provided according to article 19 to the foreign citizen or the stateless person on others, than provided by the Geneva convention of July 28, 1951, to the reasons;

the legal representative of the minor – the parent or person designated according to the law to protect the rights and interests of the minor;

the applicant or person petitioning for provision of shelter – the foreigner who submitted the application for provision of shelter on which the decision which took legal effect is not made yet;

the status of the refugee – the form of protection of the foreign citizen or stateless person recognized by the Republic of Moldova corresponding to the conditions provided by the Geneva convention of July 28, 1951 and also the Protocol on the status of refugees of January 31, 1967;

country of source – the country which citizen is the foreigner and if the foreigner has multiple nationality, – each of the countries which citizen he is; in case of the stateless person – the country of its legal and regular residence.

Chapter II. The bodies competent of decision making concerning shelter

Article 4. General inspectorate on migration the General inspectorate on migration:

a) the politician in the field of shelter by consideration and decision making according to statements for provision of shelter, by ensuring access to realization of the rights of persons petitioning for provision of shelter, persons using the international protection, temporary protection or political asylum, in accordance with the terms, provided by this law and international treaties which party is the Republic of Moldova is responsible for realization;

b) cooperates with bodies of public management in the course of implementation of necessary regulations and procedures for ensuring compliance with the rights of persons petitioning for provision of shelter, persons using international protection, temporary protection or political asylum. For this purpose the personnel of the General inspectorate on migration have access to these categories of persons, irrespective of their location in the territory of the Republic of Moldova, including on border and in transit areas;

c) registers statements of persons, hodatuystvuyushchy about provision of shelter, conducts with them interviews, performs collection of the data and proofs necessary for creation of case on each statement for provision of shelter and also processes personal data in accordance with the terms, stipulated by the legislation;

d) provides at the request of measure of protection and the help to persons petitioning for provision of shelter and to persons using certain form of protection;

e) offers in case of need creation of the centers of placement and manages these centers;

f) provides management of budgetary appropriations and state-owned property according to the principle of proper management;

g) acceptance by the Republic of Moldova can offer the refugees who are in the territory of other states needing movement, recognized according to the Geneva convention of July 28, 1951. The number of such persons and condition of their acceptance are determined by the resolution of Parliament. These persons have the same rights and obligations, as the refugees recognized in its territory in the Republic of Moldova;

h) is responsible for provision, restriction or cancellation of the material conditions of acceptance provided to the asylum-seeker.

Article 5. Competence on decision making according to the statement for provision of shelter

(1) the Adviser for decision making provides holding interview, analyzes the stated bases and represents offers on decision making on the petition for provision of shelter.

(2) Heads of regional governments of the General inspectorate on migration make decisions, publish the orders concerning the statement for provision of shelter.

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