Unofficial transfer

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 7, 2011 No. 493

About approval of the Regulations on the Center of temporary accommodation of foreigners

Based on article 65 of the Law No. 200 of July 16, 2010 on regime of foreigners in the Republic of Moldova (The official monitor of the Republic of Moldova, 2010, Art. No. 179-181, 610) DECIDES: the Government

1. Approve Regulations on the Center of temporary accommodation of foreigners it (is applied).

2. Declare invalid Item 2 and appendix to the Order of the Government No. 71 of January 30, 2004. "About creation of the Center of temporary accommodation of foreigners" (The official monitor of the Republic of Moldova, 2004, Art. No. 26-29, 212).

Approved by the Order of the Government of the Republic of Moldova of July 7, 2011 No. 493

Regulations on the Center of temporary accommodation of foreigners

The regulations on the Center of temporary accommodation of foreigners (further - the Provision) are brought partially into accord with provisions of the Directive of the European parliament and EU Council No. 2008/115/CE of December 16, 2008 about the general standards and procedures applied in member countries to return illegally of the staying citizens, the given third countries published in the Official magazine of the European Union, L 348 of December 24, 2008.

Chapter I. Basic provisions

1. This Provision regulates functioning, the mode and internal rules and procedures of the Center of temporary accommodation of foreigners, the rights and obligations of the placed foreigners, the relations between the placed foreigners and personnel of the Center, and also other rights and obligations of staff of the Center.

2. The center of temporary accommodation of foreigners (further - the Center) is the specialized structure which is under supervision of competent authority for foreigners, without the status of the legal entity, intended for temporary accommodation of the foreign citizens announced undesirable or concerning which the measure of return or expulsion and who were accepted on the state content was appointed. The center is given authority on return and escort of foreigners.

3. The center provides to foreigners the following guarantees:

protection and the help for complete realization and effective implementation of the rights;

valid and worthy address;

placement for the period provided by the current legislation.

4. The center is financed by the assignments from the government budget approved for the Ministry of Internal Affairs and also from other sources of financing which do not violate the current legislation.

5. The center is headed by the head who is appointed or exempted from position by the Minister of Internal Affairs, according to the proposal of the head of competent authority for foreigners.

6. Safety of the Center is ensured by the service of the Center authorized for implementation of protection and access in the round-the-clock mode.

Chapter II. Accommodation of foreigners in the Center

7. The foreigners taken on public content accommodate in the Center based on the judgment before execution of measures for expulsion, readmission and return from the Republic of Moldova.

8. Accommodation of foreigners in the Center is provided with authorized service of the Center.

9. In case of placement in the Center foreign citizens are subject:

1) registration in the register of accounting with the subsequent entering of personal data into Information subsystem of competent authority for foreigners;

2) to dactyloscopic registration and photography;

3) to personal inspection;

4) to physical examination.

10. The authorized service of the Center constitutes the personal record which includes for each foreign citizen: surname, name, middle name, floor, birth date, country of source, nationality, nationality, date of placement in the Center, the placement term (the copy of the judgment is attached), the external description, special signs (if they are), religion, results of physical examination, physical and mental condition, and also other essential data, photos of the foreigner, fingerprints and the list of the documents and personal belongings taken on storage from the foreign citizen.

11. Information from the personal record specified in Item 12 of this provision will be introduced in personal card and the integrated system Automated information in the field of "migration and provision of shelter" competent authority for foreigners.

12. The family members accepted under public guardianship use certain housing.

13. Foreigners can be with minor children whose accommodation is performed on the basis of this provision.

14. In case of placement in the Center foreign citizens are subject to personal inspection and check of personal things. Personal inspection is performed by employees of the same floor. Results of personal inspection are entered in minutes which are signed by the employee who was carrying out examination and the foreign citizen who underwent examination. If the foreigner refuses to sign the protocol, the employee who constituted it brings the corresponding notes in the act. The protocol is attached to the personal record, and the copy is handed to person who underwent examination.

Objects and things in the assortment and quantity established by this Provision remain at the disposal of the foreigner. Money, movable material values (securities), valuable things, identity documents, are packed into special packet, sealed in the presence of the owner and placed in left-luggage office of the Center.

The prohibited objects and substances found in the placed foreigners can be withdrawn and directed to storage or, if necessary, are destroyed according to the procedure and on the conditions established by the current legislation of the Republic of Moldova, constituting the relevant protocol in each case.

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