LAW OF THE REPUBLIC OF MOLDOVA

of July 11, 2012 No. 178

About modification and amendments in some legal acts

The Parliament adopts this organic law.

Art. I. – In the Law on entrepreneurship and the companies No. 845-XII of January 3, 1992 (Monitor of Parliament of the Republic of Moldova, 1994, No. 2, of the Art. 33), with subsequent changes, to make the following change and addition:

1. "Business entities" to add Item 1 of Article 7-1 after words with words "(except savings and loan associations and the microfinancial organizations)".

2. In Item 6 of Article 10 of the word "but at least 10000 lei" to exclude.

Art. II. – Article 73 of the Law on environmental protection No. 1515-XII of June 16, 1993 (1993, No. 10, the Art. 283), with subsequent changes, after words of "the processed waste paper" to add the monitor of Parliament of the Republic of Moldova with words ", waste and scrap of ferrous metals".

Art. III. – In article 8 of the Law on the state company No. 146-XIII of June 16, 1994 (Official monitor of the Republic of Moldova, 1994, No. 2, of the Art. 9), with subsequent changes, to make the following change and addition:

in Item f) the words "act of audit;" shall be replaced with words "the audit report;";

add Article with Item l) the following content:

"l) represents to the Ministry of Finance the copy of the audit report.".

Art. IV. – In the Education law No. 547-XIII of July 21, 1995 (Official monitor of the Republic of Moldova, 1995, No. 62-63, of the Art. 692), with subsequent changes, to make the following changes and additions:

1. Part (Article 28 to state 4) in the following edition:

"(4) the Plan of acceptance for receipt of degree of masterat with budget financing provides acceptance to 50 percent of total number of graduates with the diploma of the licentiate in the corresponding year in higher educational institutions.".

2. Part (9) Article 28-1 to recognize invalid.

3. In Article 40:

Item d) parts (to state 1) in the following edition:

"d) represent offers according to the plan (state order) of training of specialists with financing from the government budget and on contractual basis in average professional, average special, higher educational institutions and organizations of post-university education;";

add Article with part (1-1) following contents:

"(1-1) Government approves the plan (state order) of training of specialists with financing from the government budget and on contractual basis by professions, specialties and the main fields of education in the state and private average professional, average special, higher educational institutions and organizations of post-university education.".

4. Item h) parts (Article 41 to state 5) in the following edition:

"h) the offer to the central body of public management responsible for development and promotion of national policy in the field of work, the plan of acceptance in private and subordinated state educational institutions;".

5. In Article 49:

in part (the words "can receive" to replace 1) with the word "has", and to exclude the words "according to the procedure, established by the Government";

add Article with part (1-1) following contents:

"(1-1) High school autonomy consists in the right of university community to the organization and self-government (area of management, structure and functioning of organization), to realization of the academic freedom without any ideological, political or religious intervention, on acceptance of number of competences and obligations according to national politicians and strategies of development for the higher and post-university education.";

Item d) parts (to state 2) in the following edition:

"d) the organization of acceptance of entrants taking into account criteria, specific to profile of the state higher educational institution;";

part (to state 3) in the following edition:

"(3) In the financial plan high school autonomy is implemented by means of:

a) implementation of activities in the procedure established by the Government in the conditions of self-financing on non-profitable basis;

b) administrations of financial resources through bank accounts, including transfers from the government budget;

c) uses of the available resources for implementation of authorized activities on the basis of own decisions;

d) accumulatings of own income from payment of training, the rendered services, the performed works and from other specific activities according to the list of the provided services approved by the Government;

e) establishments, in coordination with higher body, the amount of tuition fee on contractual basis and for the services rendered on paid basis and the performed works in ensuring realization of the authorized purposes and tasks;

f) administrations of buildings, fixed assets and all managed property and providing optimal conditions of development of material resources of organization;

g) uses of property and the rights connected with it for realization of the authorized purposes of the state higher educational institution.".

6. Add Article 61 with part (11) the following content:

"(11) the State higher educational institution is financially autonomous organization performing activities according to Article 49.".

Art. V. – In Item е) parts (5) article 22 of the Law on financial institutions No. 550-XIII of July 21, 1995 (repeated publication: The official monitor of the Republic of Moldova, 2011, No. 78-81, of the Art. 199), with subsequent changes shall be replaced with words the words "concerning the taxpayer who is not fulfilling the obligations provided by the Tax code;" "for the purpose of implementation of the powers determined by the tax legislation;".

Ст.VI. – Item a) parts (1) article 2 of the Law on road fund No. 720-XIII of February 2, 1996 (repeated publication: 2010, No. 247-251, of the Art. 753), with subsequent changes to add the official monitor of the Republic of Moldova with words ", the gas except for liquefied;".

Art. VII. – In the Law on public associations No. 837-XIII of May 17, 1996 (repeated publication: The official monitor of the Republic of Moldova, 2007, No. 153-156 BIS), with subsequent changes to make the following changes:

1. Part (3) Article 32-2 to recognize invalid.

2. Part (4) Article 32-4 to recognize invalid.

Art. VIII. – In the Law on budget system and budget process No. 847-XIII of May 24, 1996 (repeated publication: The official monitor of the Republic of Moldova, 2005, special release), with subsequent changes to make the following changes and additions:

1. Add Article 10 with parts (4) and (5) the following content:

"(4) Financing of expenses is performed in process of cash receipt into accounts of the government budget with observance of the following priority:

a) accomplishment of obligations on servicing of public debt;

b) staff expenses, on payment of grants, pensions, benefits, compensations and the public assistance;

c) expenses of road fund, National ecological fund, local ecological funds and National Regional Development Fund.

(5) For implementation of expenses, others what provided by part (4), their priority is established by the contractor of the budget.".

2. Add the law with Article of 101 following contents:

"Article 101. Accounts payable the Accounts payable of the organizations financed from means of budgets and funds – components of the national public budget, formed in previous years within the approved assignments, is settled by them for the account and within budgets of the relevant public organizations approved the current fiscal year.".

3. Part (2) articles 13 after words "regulated by the state;"

add with words "correctness of calculation of net profit of the state/municipal companies and commercial societies with participation государства/административно-территориальных units, contributions to the budget and dividends – parts of the net profit got by the state/municipal companies and commercial societies with participation государства/административно-территориальных units;".

4. State Article 40 in the following edition:

"Article 40. Blocking of expenses With growth of deficit in the course of execution of the State Budget the Ministry of Finance can block expenses in the amount of, necessary for maintenance of deficit at the level approved by the law on the budget for year, except for the priority expenses established in part (4) Articles 10, with informing on it the central authorities.".

5. Part (articles 45 after the words "executive bodies of administrative and territorial units of the first and second levels" to add 31) with the words "based on decisions of the relevant local councils".

6. In part (2) Article 49 of the word "representative and authorized bodies of administrative and territorial units." shall be replaced with words "local councils".

7. In Article 56 of the word "The Republic of Moldova, the Code of Administrative Offences" shall be replaced with words ", the Code about offenses,".

Art. IX. – In the Join-stock companies law No. 1134-XIII of April 2, 1997 (repeated publication: The official monitor of the Republic of Moldova, 2008, No. 1-4, of the Art. 1), with subsequent changes to make the following change and addition:

1. In part (6) Article 69 of the word "results of substantive audit of annual financial reports."

replace with the text: "audit report. The copy of the audit report is submitted to the Ministry of Finance.".

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