LAW OF THE REPUBLIC OF MOLDOVA

of July 18, 2003 No. 317-XV

About regulations of the Government and other bodies of the central and local public authority

The Parliament adopts this organic law.

Section I Regulations of the Government and other bodies of the central and local public authority

Chapter I General provisions

Article 1. Sphere of regulation

(1) This law establishes rules of initiation, development, approval, public consultation, examination, editing and the edition of regulations of the Government and other bodies of the central and local public authority.

(2) This law is not applied in case of the development of individual acts, acts of political nature and other acts which are not containing precepts of law, and also documents of working bodies of the Government.

Article 2. Regulation

For the purpose of this law the regulation is the legal act issued by the Government and other bodies of the central and local public authority based on the constitutional and legislative arrangements establishing the obligatory rules which are subject to numerous application in unrestricted number of homogeneous situations.

Article 3. Legal base

Regulations are initiated, developed, published and applied according to provisions of the Constitution of the Republic of Moldova, the Law on the Government, this law, other regulations with accounting of the basic principles of the right.

Article 4. Basic principles

In case of initiation, development, approval, examination, editing, the edition and application of regulations the principles shall be observed:

a) coordinations of regulations with the laws, regulations of the highest level and sublegality;

b) sequences and balances of provisions;

c) scientific justification;

d) succession and stability of rules of law;

e) transparency, publicity and availability.

Article 5. Compulsory general terms to which there shall correspond the regulation

(1) the Regulation shall join integrally in system of the legislation, for what:

a) the draft of the regulation shall correspond to provisions of regulations of the highest or same level with which it is connected, with provisions of the legislation of Community, and also with international treaties, one of the parties of which is the Republic of Moldova;

b) the draft of the regulation developed on the basis of the act of the highest level cannot go beyond the competence established by this act and cannot contradict its purpose, the principles and provisions.

(2) the Provisions of one level having the same subject and also provisions from adjacent areas join, as a rule, in one regulation if it is necessary for realization of the purpose pursued by the publication of this act.

(3) the Provision from the same area and that level can be included in other regulation if it has special character in relation to the act which covers general provisions in the field.

(4) Special nature of provision is determined depending on its subject connected by means of circumstances with certain types of situations and from specifics of the normative decisions established by it.

(5) the Provision is departure if the normative decisions relating to certain situation contain the regulations different from standard provisions in the field; at the same time the standard provision keeps the binding general character for all other situations.

(6) Protection of the rights, freedoms, legitimate interests of citizens, equality and social justice, and also compatibility with the legislation of Community are compulsory provisions of any regulation.

(6/1) the Regulation regulating business activity shall correspond to the principle of transparency of decision making and implementation of regulation. For this purpose the bodies of public management and organization equipped with the law functions of regulation and control shall:

a) inform the public on drafts of regulations and provide attraction of private sector, civil society and physical persons to development of regulations and decision making process;

b) provide open entry to drafts of regulations by publication them in mass media and placements on the web page of relevant organ of the public management or organization equipped with the law functions of regulation and control.

(7) the Regulation shall correspond to conditions of legality, availability, accuracy; commencing on the effective date it is obligatory for execution and shall be observed by all persons of law.

(8) the Regulation shall be developed with observance of the legislative equipment and regulations of the literary language.

Article 6. Regulations of the legislative equipment

(1) Norma of the legislative equipment provide systematization, unification and coordination of regulations, adequacy of contents of the regulation and its legal form.

(2) Norma of the legislative equipment determine regulation components, its structure, form and procedure for systematization of content, technical procedures of modification, amendments in regulations, recognitions their invalid, and also language and style of the regulation.

Article 7. Observance of regulations of the legislative equipment

Regulations of the legislative equipment are obligatory by preparation of drafts of regulations of the Government, other bodies of the central public management, authorities of autonomous territorial educations with special status, and also other bodies of local public authority.

Chapter II Hierarchy, ratio and classification of regulations

Article 8. Hierarchy of regulations

(1) the Hierarchy of regulations is built depending on their type and from body of the public power which competence includes their edition.

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