Law on Legislative Acts (2001, as amended 2008)

Untitled Document

LAW

On Legislative Acts

N 780-XV dated 27.12.2001

Monitorul Oficial al R. Moldova N 36-38/210 dated 14.03.2002

* * *

Taking into consideration particular importance of Parliamentary acts; the need for establishing means, methods and techniques to be used for transferring social relations into legal form; the need for implementing unified principles in law-making to ensure drafting and adoption of quality and efficient legislative acts; also the need to ensure compatibility of legislative acts with the Community legislation by means of harmonizing them with it; and based on paragraph r), part (3), Article 72 of the Constitution of the Republic of Moldova,

the Parliament hereby adopts this organic law.

[The Preamble amended by Law # 168-XVI dated 15.06.2006, effective from 01.09.2006]

Chapter I

GENERAL PROVISIONS

Article  1. Scope of Regulation

(1) This law establishes the procedure for initiation, drafting, agreement, examination, editing, interpretation and invalidation of legislative acts, also means, methods and techniques applied for the purpose.

(2) The procedure for initiation, drafting, examination, editing and promulgation of normative acts of the Government, other bodies of central and local public administration shall be approved by law.

Article  2. Legislative Acts

(1) Legislative acts shall be acts adopted by the country’s legislature on the basis of constitutional norms and following the procedure established by the Parliamentary Rules and other existing norms, and occupying tope level in the hierarchy of normative acts of the Republic of Moldova.

(2) Legislative acts shall include:

а) the Constitution of the Republic of Moldova and constitutional laws;

b) organic and ordinary laws;

с) regulations and resolutions.

(3) International treaties, also laws making the Republic of Moldova a party to an international treaty shall be initiated, drafted, adopted, enacted or denunciated in conformity with a special procedure specified in the Law on International Treaties of the Republic of Moldova.

(4) This Law shall not be applied to drafting legislative acts of political, administrative or other nature not containing legal norms, nor to acts developed by working bodies of the Parliament.

Article  3. Characteristics and Attributes of Legislative Acts

(1) A legislative act shall have national, binding, general and impersonal character.

(2) A legislative act shall be compliant with requirements of legality, accessibility, accuracy, and after enactment it shall be subject to execution and shall be binding for all subjects of law.

Article  4. Main Principles of Law-Making

(1) A legislative act shall comply with provisions of international treaties that the Republic of Moldova is a party to, also to generally recognized principles and norms of international law, including the Community legislation.

(2) A legislative act shall conform with constitutional provisions and comply with the existing legal framework, as well as with legal codification and unification system.

(3) The following principles shall be complied with when drafting, adopting and applying legal acts:

а) reasonability, coherence, consistency, and correlation of competing norms;

b) continuity, stability and predictability of norms of law;

с) transparency, publicity and accessibility.

[Article 4 amended by Law # 168-XVI dated  15.06.2006, effective from 01.09.2006]

Article  5. Mandatory General Requirements to Legislative Acts

(1) Protection of the citizens’ rights, freedoms and legal interests; equality and social justice; also compatibility with the Community legislation shall be mandatory requirements to any legislative act.

(2) Legal acts shall meet the following requirements:

а) be compliant with the main principles of law-making as specified in Article 4;

b) be elaborated in conformity with the requirements of legal technique and rules of the literary language;

с) be adopted by the legislature.

[Article 5 amended by Law # 168-XVI dated  15.06.2006, effective from 01.09.2006]

Chapter II

CATEGORIES OF LEGISLATIVE ACTS

Article  6. Categories of Legislative Acts

(1) Depending on the character of norms they contain, legislative acts shall be subdivided into general, special and extraordinary.

(2) A general legislative act shall contain norms of law applicable to all social relations or subjects of law or to certain types of relations or certain categories of subjects, without prejudice to the general character of the norms.

(3) A special legislative act shall contain norms of law applicable solely to some types of social relations or categories of subjects by a strictly defined procedure of deviation from the general rule. In the event of contradictions between norms of a general and a special legislative acts having equal legal effect, the norm of the special legislative act shall prevail.

(4) An extraordinary legislative act shall regulate social relations following from emergency situations. An extraordinary legislative act is a deviation from general and special acts. In the event of contradictions between norms of a general or a special and an extraordinary legislative acts having equal legal effect, the norm of the extraordinary legislative act shall prevail.

(5) Formula for adopting a legislative act shall indicate whether it belongs to the category of special or extraordinary legislative acts.

(6) Legislative acts shall be hierarchically related to each other. A greater legislative act may amend, supplement or invalidate a lower legislative act. In case of direct changes or additions to a lower legislative act, the change or addition shall have the same legal effect as the act that is changed or added to.

(7) In case of contradictions in norms related to the same subject of regulation between two legislative acts having equal legal effect, provisions of the act that was adopted later shall apply.

Article  7. Types of Laws

(1) Law shall be subdivided into three types: constitutional, organic and ordinary.

(2) Law adoption formula shall indicate the type of the law.

(3) Laws shall be adopted by the majority of vote as specified in the Constitution.

Article  8. Constitutional Laws

(1) The Constitution of the Republic of Moldova shall be the supreme law of the society and the state.

(2) Constitutional laws are laws on changes and(or) amendments to the Constitution (laws on revisions to the Constitution) that are adopted by two thirds of the parliamentary votes, also laws approved by a republican referendum.

Article  9. Organic Laws

(1) Organic laws are legislative acts that represent a development of constitutional norms and apply only to areas directly envisaged by the Constitution or to other areas of utmost importance for which adoption of an organic law is considered necessary by the Parliament.

(2) Areas regulated by the organic law shall be established by paragraphs а) - о), part (3), Article 72 of the Constitution.

(3) In compliance with provisions of paragraph p), part (3), Article 72 of the Constitution, organic laws shall also regulate:

а) identification of the country’s borders;

b) approval of the national anthem;

с) procedure for language functioning;

d) conditions for acquiring, maintaining and forfeiting citizenship;

е) structure of the national healthcare system and means intended to care for and protect human physical and mental health;

f) identification of state offices that cannot be occupied by members of parties;

g) prolongation of the Parliamentary mandate in case of war or disaster;

h) conditions for nonqualifying as parliamentarian except for those directly envisaged by the Constitution;

i) procedure for electing the President of the Republic of Moldova;

j) prolongation of the Presidential term in case of war or disaster;

k) selection of other members of the Government except for the prime minister, first deputy prime minister or deputy prime ministers, and ministers;

l) conditions for nonqualifying as member of Government except for those directly envisaged by the Constitution

m) structure of the national defense system;

n) particular forms and conditions for autonomy of some settlements on the left bank of the River Dniester and in the south of the Republic of Moldova;

o) powers, organization and activities of the Counting Chamber;

p) identification of substantive and procedural norms for initiating, maintaining and terminating a business (an entrepreneurial activity), also for controlling businesses;

q) establishing limits for regulation of entrepreneurial activities by the Government and /or bodies of public administration.

(4) Organic laws shall be adopted by the majority of vote of elected parliamentarians unless another majority is stipulated by the Constitution. Organic laws shall be adopted after at least 2 hearings and shall be subordinated to constitutional laws.

(5) As a rule, organic laws or some of their provisions shall be changed, added to or invalidated by an organic law in accordance with the established procedure.

[Article 9 amended by Law # 281-XVI dated  14.12.2007, effective from 10.06.2008]

Article  10. Ordinary Laws

(1) Ordinary laws shall apply to all areas of social relations except for those regulated by the Constitution and organic laws.

(11) National concepts in major directions of domestic and foreign policy of the state shall be approved by means of legislative acts that as a rule shall be ordinary laws.

(2) Ordinary laws shall be adopted by the majority of vote of attending parliamentarians and shall be subordinated to constitutional and organic laws.

(3) As a rule, ordinary laws shall be changed, supplemented and invalidated, fully or partially, by an ordinary law in accordance with specially established procedure.

 [Article 10 amended by Law # 61-XVI dated  21.03.2008, effective from 15.04.2008]

Article  11. Regulations

(1) Regulations of the Parliament are legislative acts subordinated to the law, and shall be adopted by the majority of vote of attending parliamentarians unless another majority is envisaged by the Constitution, and shall not be subject to promulgation. Regulations of individual character and other regulations not containing legal norms may be considered without all preliminary procedures, by working bodies of the Parliament.

(2) Regulations of the Parliament shall be adopted:

a) in the area of organizing internal activities of the Parliament and structures that are part of or directly subordinated to, the Parliament.

b) for approving or changing the structure of some bodies or institutions;

c) for electing for and appointing to, or recalling or temporarily removing from, the public office;

d) for approving other acts not containing legal norms;

е) in other areas not requiring adoption of laws.

(3) As a rule, regulations of the Parliament shall be changed, added to and invalidated by a regulation in accordance with specially established procedure.

Article  12. Resolutions

(1) By means of resolutions, the Parliament shall express its position on certain issues of domestic of foreign policy.

(2) Resolution of non-confidence shall be the only legislative act by means of which the Parliament shall express distrust to the Government.

(3) The Resolution of non-confidence shall be adopted by the majority of vote of elected parliamentarians in compliance with provisions of the Constitution and Parliamentary Rules.

(4) After its adoption, the Resolution of non-confidence shall not be changed, added to or invalidated.

(5) The Resolution of non-confidence shall entail legal consequences from the moment of its adoption.

Chapter III

INITIATION OF LEGISLATIVE ACTS  

Article  13. Scientific Rationale

(1) Initiation of the procedure for drafting a legal act shall be preceded by a scientific analysis of political, social, economic, financial, legal, cultural, sanitary and psychological consequences of respective norms; a comparative analysis of the norms with those in the respective branch of the Community legislation; identification of incompatibilities between the existing norms and existing public requirements and norms in the respective branch of the Community legislation; or identification of lack of legislative acts in the respective area.

(2) Activities to study and collect materials to justify a draft legislative act shall take into consideration the judicial practice and the respective legal doctrine.

(3) Decisions in the legislative act shall be based on constitutional provisions, the practice of constitutional jurisdiction, provisions of the Community legislation, also on provisions of international treaties that the Republic of Moldova is a party to.

(4) Scientific justification shall result in identification of goals and areas of legal intervention and of means necessary to achieve the goals.

(5) The Parliament may establish special forms for the justification and for finalizing the scientific rationale.

[Article 13 amended by Law # 168-XVI dated  15.06.2006, effective from 01.09.2006]

1."Article  131. Strategic Document

(1) Strategic documents shall address problems existing in some area, identify tools for solving them and the expected impact on the state and society.

(2) Strategic documents in major directions of domestic and foreign policy of the state that are approved by the Parliament shall include:

а) a concept paper;

b) a strategy paper.

(3) A concept is a system of common goals directed at multifaceted consideration/interpretation of economic, social, legal, scientific, technical and other problems, and a means of perception of or a scope of opinions and ideas with regard to, problems pertaining to the development of one or several areas or sectors as a whole. A concept paper shall include:

а) a description of the situation and detailed problem identification;

b) tools and ways to solve the problem, reference to strategic documents and legislative acts that would promote solution of the problems addressed by the concept;

с) impact assessment (social, economic, etc), also for the case the problem is not solved.

(4) A strategy paper is a document reflecting certain policy, containing anticipated areas of activities for a medium term (4-7 years) or a long term (8-15 years), and identifying methods and mechanisms for achieving the goal of solving the problems in question. A strategy paper shall include:

а) a description of the situation and identification of problems that require interference of the Government by means of pursuing a respective policy;

b) necessary measures to achieve goals and expected results;

с) general and specific goals and stages of implementation.

(5) Concepts and strategies in major directions of domestic and foreign policy of the state shall be elaborated by the Government and submitted to the Parliament for approval.

[Article 131 introduced by Law # 61-XVI dated  21.03.2008, effective from 15.04.2008]

Article  14.  Legislative Programs

(1) For the purposes of regulating all areas of social relations, also for harmonizing legislative acts with the Community legislation, the Parliament shall adopt programs for drafting legislative acts.

(2) A legislative program shall include names of the acts to be drafted and harmonized with the Community legislation; areas of social relations that need to be regulated; bodies, institutions and persons responsible for drafting respective acts; references to norms of the Community legislation if necessary; and other aspects related to the program implementation.

(3) Legislative programs may be changed and amended by the Parliament at the proposal of persons authorized for initiating bills.

(4) Legislative programs shall stipulate drafting of most important acts and shall not be an obstacle for developing legislative acts beyond the program.

[Article 14 amended by Law # 168-XVI dated  15.06.2006, effective from 01.09.2006]   

Article  15. Legislative Proposals

(1) Legislative Proposals are proposals made by the President of the Republic of Moldova or parliamentarians on initiating one or several legislative acts pertaining to a certain issue or group of issues and intended to regulate certain areas of social relations or to harmonize legislative acts with norms of the Community legislation.

(2) When approving a legislative proposal, the Parliament shall make a regulation establishing the term for drafting the legislative act; shall set up itself or authorize others to set up working groups for drafting the act; if necessary, shall specify the scope of remuneration for specialists involved in drafting as well as other necessary costs and sources of funding.

[Article 15 amended by Law # 168-XVI dated  15.06.2006, effective from 01.09.2006]   

Chapter IV

DRAFTING LEGISLATIVE ACTS

Part 1.

Drafting Legislative Acts

Article  16. Working Group

(1) For drafting a legislative act, the Parliament or bodies authorized by the Parliament shall establish a working group consisting of experts and specialists in a respective field: public officials, scientists from profile scientific and greater education institutions, practitioners from the respective field, and other specialists.

(2) Members of the working group shall be either contracted or shall work without a contract. In the latter case, when referred for the purpose from their permanent place of employment, they shall be given a markup to their salary for participation in drafting the legislative act.

(3) The working group shall necessarily include at least two experts with greater education in law and working experience in the field of law for at least three years.

Article  17. Preliminary Conditions

(1) Prior to drafting a legislative act, existing information in the area of social relations to be regulated shall be studied, and inventory of the existing legislation in the respective field shall be made with the purpose of identifying gaps in the existing norms.

(2) The working group shall make a comparative analysis of useful information contained in the legislation of other countries, and principles of main legal systems applied in the world, also of their compatibility with the Community legislation. The comparative analysis shall be based on the following principles:

а) sources of law in the compared legislations shall be necessarily studied;

b) only similar institutes of law shall be compared;

c) compared terms shall be considered in the social, political, economic, cultural and actual legal context from which they follow, also an investigation shall be made of their potential consequences in a different legal system;

d) when comparing terms (institutes, provisions, norms), consideration shall be given to their original meaning as well as to the meaning they have acquired in the process of evolution.

(3) The working group shall study the legislation of the Community, also the European court practice, with the purpose  of identifying norms applicable to the area of social relations to be regulated, and after identifying the norms, if any, shall develop proposals for ensuring that the draft legislative act is compatible with the Community legislation.

(4) In case of a voluminous draft act of great importance, the working group may prepare a number of draft theses to be presented for public discussion and approval by the authority that set up the working group.

[Article 17 amended by Law # 168-XVI dated  15.06.2006, effective from 01.09.2006]     

Article  18. Drafting Legislative Acts

(1) Based on initial proposals, results of the scientific justification and comparative analysis, also on other materials, the working group shall elaborate the first draft of the legislative act.

(2) The draft may contain definitions of legal, technical, economic and other special terms that have limited scope of application.

(3) In cases the draft refers to provisions of the existing legislation, these as a rule shall not be cited but references to them shall be given instead.

(4) A legislative act may establish legal or political responsibility for failure to comply with its provisions.

Part 2.

Language and Legal Means of Expression

Article  19. Language, Spelling and Punctuation in Legislative Acts

Text of draft legislative acts shall be written in the national language in compliance with the following rules:

а) sentences shall be made up according to grammar rules so that ideas would be expressed correctly, concisely, excluding double interpretation, and shall be understandable for all persons concerned;

b) one sentence shall express only one idea;

с) adequate and understandable terms, compatible with those used in the Community legislation or similar to them shall be used;

d) concepts shall be explained not by means of definition or description but by means of a respective term;

е) terminology shall be used in the same meaning and form as in other legislative acts and norms of the Community legislation; one and the same term shall be used provided it is correct and its repeated use excludes ambiguity;

f) neologisms shall be only used if generally understood;

g) no regionalisms, nonfunctional, idiomatic, rare and(or) ambiguous words and expressions shall be used;

h) legal tautology shall be excluded;

i) spelling and punctuation rules shall be strictly observed.

[Article 19 amended by Law # 168-XVI dated  15.06.2006, effective from 01.09.2006]

Chapter V

JUSTIFICATION, ENDORSEMENT AND EXAMINATION OF DRAFT LEGISLATIVE ACTS

Part 1.

Justification, Endorsement and Examination  

Article  20. Justification of Draft Legislative Acts

In parallel to drafting a legislative act, the working group shall prepare an explanatory note containing:

а) circumstances that necessitated drafting the act, including the need for harmonizing the legislative act with norms of the Community legislation; and goals pursued by introduction of new norms;

b) main provisions of the act, its place in the legislation, new elements it contains, socioeconomic and other consequences of its implementation;

c) references to respective norms of the Community legislation and the extent to which the draft legislative act is compliant with them;

d) financial and economic rationale if implementation of the new norms entails financial and other costs;

e) analysis of regulation consequences if the legislative act regulates entrepreneurial activity. The regulation impact analysis is a justification of the need to adopt the normative act based on the cost-benefit analysis, and analysis of its consequences for entrepreneurship, including protection of rights and interests of ntrepreneurs and the state.

[Article 20 amended by Law # 281-XVI dated  14.12.2007, effective from 10.06.2008]

[Article 20 amended by Law # 168-XVI dated  15.06.2006, effective from 01.09.2006]

Article  21. Approval of Draft Legislative Acts

(1) Together with the explanatory note, a draft legislative act is submitted to internal and external bodies and institutions for approval.

(2) The working group shall study proposals and comments presented in conclusions and shall decide upon considering or rejecting them when finalizing the draft legislative act.

Article  22. Examination of Draft Legislative Acts

(1) For evaluating the quality of a draft legislative act, legal, anticorruption, economic, financial, scientific, ecological and other types of examination shall be conducted, including those to investigate compatibility with the Community legislation, depending on the type of social relations regulated; also a language examination.

(2) Legal examination shall be necessary for all drafts of legislative acts and shall be intended to promote:

а) compatibility of the draft with Constitutional norms, practice of constitutional jurisdiction, provisions of international treaties that the Republic of Moldova is a party to; also its compliance with the existing national and Community legislation;

b) elaborating the draft in compliance with legislative technique requirements;

с) integral regulation of respective social relations.

(3) Anticorruption Examination shall be mandatory for all drafts of legislative acts  and shall be intended to promote:

а) compliance of the draft with national and international anticorruption standards;

b) prevention of new provisions favoring or potentially favoring corruption, by means of developing recommendations for excluding such provisions or reducing consequences of their implementation.

(4) Economic Examination shall be intended to promote:

а) compliance of the draft with principles of market economy established by the Community legislation;

b) compliance of the draft with existing economic legislation;

c) identification of positive and negative aspects of the draft act in providing for reforms; identification  of economic and other benefits; detection of economic drawbacks; and forecast of economic consequences of implementing the act.

(5) Financial Examination shall be intended to promote:

а) compliance of the draft with existing financial legislation;

b) evaluation of financial costs of implementing new norms;

с) identification of financial drawbacks and forecast of negative financial consequences of implementing the act.

(6) Scientific Examination shall be provided by profile scientific and greater education  institutions, experts, including foreign ones, and shall be intended to promote:

а) determination of reasonability of regulating the issue in question by means of  legislative acts;

b) full regulation of the respective area of social relations by means of the legislative act;

с) scientific justification for adopting the legislative act;

d) justification of the timeliness of drafting the act in view of the financial and economic capabilities of the state, public and political situation, sequence of process regulation, also the need to ensure compatibility of legislative acts with the Community legislation.

(7) Ecological Examination shall be intended to promote:

а) compliance of the draft with existing environmental legislation and norms of respective area of the Community legislation;

b) protection of human health and the environment;

с) forecast of ecological consequences of implementing the act.

(8) Language Examination shall be intended to promote correct use of terminology and improvement of the legislative act language.

(9) Expert conclusions shall be studied by the working group that shall decide upon considering or rejecting them when finalizing the draft legislative act.

 [Article 22 изменена Законом N 332-XVI dated  10.11.2006, effective from 08.12.2006]

[Article 22 amended by Law # 168-XVI dated  15.06.2006, effective from 01.09.2006]    

Part 2.

Final Drafts of Legislative Acts

Article  23. Final Drafts of Legislative Acts

(1) After receiving conclusions and conducting examination of the draft legislative act, members of the working group shall prepare a final draft and materials to support it.

(2) Materials for the final draft of a legislative act shall include:

а) an act that initiated drafting of the legislative act;

b) an act that established the working group and its membership;

с) results of scientific justification;

d) an explanatory note in particular containing results of the evaluation for compatibility with the Community legislation, also a list of respective norms of the Community legislation;

е) conclusions and results of the examination;

f) a list of sublaws that are subject to change or revision in connection with the adoption of the legislative act;

g) final report of the working group;

h) other documents as necessary.

(3) The draft legislative act in the national language and materials to support it shall be submitted for consideration to the authority that decided upon drafting the act and(or) setting up the working group.

(4) For the draft legislative act submitted to the Parliament as a legislative initiative, a card shall be filled out according to the example enclosed in the Annex hereto and being an integral part of this Law. The draft act shall be given a number that shall correspond to its entry number.

[Article 23 amended by Law # 168-XVI dated  15.06.2006, effective from 01.09.2006]

Chapter VI

STRUCTURE AND CONTENT OF LEGISLATIVE ACTS  

Article  24. Constituent Parts of Legislative Acts

(1) Ideas shall be expressed in the content of a legislative act so that the regulated material would be well-arranged and systematized.

(2) A legislative act, as a rule, shall consist of the following parts:

а) title;

b) preamble;

c) adoption formula;

d) general provisions;

e) dispositive provisions;

f) final and transitional provisions;

g) annexes.

(3) The structure specified in part (2) shall not be mandatory; some elements of legislative act may be omitted.

Article  25. Title

(1) Title serves as the main identifier of a legislative act and is mandatory for all legislative acts.

(2) The title of a legislative act should be laconic and accurately reflecting the regulated subject.

(3) Depending on the regulated subject, the title shall:

а) reflect the regulated subject in expanded or condensed form;

b) contain a formula for approval;

с) contain a formula for affiliation to or ratification of an international treaty.

(4) If changing, amending or invalidating some parts of existing legislative acts, the title shall contain:

а) a full list of all acts that are changed, amended or inveligated; or

b) a general formula for changing, amending or invalidating some legislative acts.

(5) The title shall also indicate the number of the legislative act by the year of its final adoption.

Article  26. Preamble

(1) The preamble shall set out final goals pursued by the Parliament in adopting the legislative act; motives; public and political, economic or other reasons for adoption.

(2) Preambles may accompany most important legislative acts. Preambles shall have no legal effect and shall not be part of the normative section of the act.

Article  27. Adoption Formula

(1) Adoption formula shall establish a legal basis for adopting the legislative act and shall specify its category.

(2) Adoption formula shall be mandatory for all legislative acts.

Article  28. General Provisions

(1) General provisions of a legislative act are provisions that shall:

а) specify the subject and purpose of the act and scope of its application;

b) identify directions for regulation;

с) explain terms and define concepts.

(2) As a rule, in legislative acts that have particular importance and specific content,  general provisions shall be given in form of principles.

Article  29. Dispositive Provisions

(1) Dispositive provisions are norms that are subject of the legislative act. These shall establish:

а) rules;

b) rights and responsibilities;

с) legal consequences of violation of the rules and rights and failure to execute duties.

(2) Dispositive provisions shall be systematized in the following logical sequence:

а) provisions of substantive law shall precede procedural provisions;

b) provisions containing responsibility shall be grouped, as a rule, in the final part of the legislative act.

(3) Logical sequence shall be also based on a profound legal analysis, identification of the character of institutes and links between them, also on the scientifically justified hierarchy of introduced concepts.

Article  30. Final and Transitional Provisions

Final and transitional provisions of a legislative act, as a rule, shall contain provisions pertaining to:

а) the procedure for coming into effect and enactment of new norms;

b) brining new norms in line with norms of previously adopted legislative acts, temporarily maintaining legal situations that emerged in the effective period of the previous norms;

с) compliance of the new norms with norms of the Community legislation;

d) when necessary, identification of the period for enacting norms compliant with those of the Community legislation;

е) obligations of bodies responsible for implementing the legislative act to take measures and fulfill procedures necessary for its implementation.

[Article 30 amended by Law # 168-XVI dated  15.06.2006, effective from 01.09.2006]

Article  31. Annex

(1) An annex to a legislative act shall contain schemes, plans, statistical or other digital data, organizational charts, figures, tables and other provisions pertaining to the content of the act.

(2) An annex shall be an integral part of the legislative act, shall have the same character and legal effect that the act itself.

(3) In case of several annexes to a legislative act, these shall be numbered in the order they are referred to in the text of the act.

Article  32. Article 

(1) Article is a structural element of a legislative act. Article has unitary character and shall contain one or several directly interconnected sentences that are subordinated to one and the same idea.

(2) As a rule, articles shall have titles.

(3) Articles shall be numbered with Arabic numerals and shall have continuous numbering starting from the first article through to the final one. If a legislative act consists of one single article, it shall not be numbered.

(4) In case of laws on changes and amendments to several legislative acts, a separate Article shall be dedicated to each act and numbered with roman numerals.

(5) Articles may consists of parts numbered with Arabic numerals in parentheses.

(6) Parts may be subdivided into paragraphs that are as a rule lettered with lowercase characters of the Latin alphabet with a single bracket. Numbered paragraphs may be subdivided into subparagraphs lettered with lowercase characters of the Latin alphabet with a single bracket. When necessary to subdivide subparagraphs and paragraphs lettered with Latin characters, the subdivided elements shall be bulleted.

[Article 32 changed by Law # 423-XVI dated  22.12.2006, effective from 02.02.2007] 

Article  33. Systematization and structure of norms of legislative acts

(1) When systematizing the contents of a legislative act, text elements shall be grouped depending on their volume as follows:

а) articles may be grouped in parts numbered with Arabic numerals;

b) parts may be grouped in chapters numbered with  roman numerals;

c) chapters may be grouped in sections numbered with roman numerals;

d) in codes and particularly complex and voluminous legislative acts, sections may be grouped into parts or books numbered with ordinal numbers written out in words.

(2) Parts (within in chapters and sections), chapters, sections and parts or books may have titles concisely expressing the essence of the provisions they contain.

Chapter VII

TECHNICAL PROCEDURES APPLICABLE TO LEGISLATIVE ACTS

Part 1.

Changes and Additions to Legislative Acts

Article  34. Need for Changes and Additions

(1) Changes or additions to legislative acts are intended to specify in more detail some of their provisions.

(2) Changes are made with the purpose of substituting some decisions of a legislative act with other ones.

(3) Additions are made with the purpose of incorporating a new decision into the issue regulated by the legislative act.

(4) A legislative act that is not limited in time shall not be supplemented with temporary norms nor a temporary legislative act may be supplemented by norms that are unlimited in time.

Article  35. Types of Changes and Additions

(1) As a rule, a change or addition to a legislative act shall be direct ones and shall substitute one text with another one, or remove a part of the text or add a new text.

(2) One norm may change or supplement several norms of one or several legislative acts.

(3) A legislative act on changes or additions as a rule shall have the same legal effect that the legal acts whose provisions it changes or supplements. In some cases the act on changes or additions shall have a greater legal effect that the legal act that is changes or supplements.

(4) In case of supplementing a legislative act with new structural elements, these shall be numbered by means of adding a respective index to the number of the corresponding part(book), section, chapter, part (within a chapter or section), article or subsections of a part of the article. If a legislative act is supplemented with a new bulleted subsection, subsequent bulleted subsections shall be shifted down.

(5) If full text of some part (book), section, chapter, part (within a chapter or section), article, part of the article or subsection of a part of the article is deleted, their numbers shall not be assigned to other respective structural elements.

[Article 35 changed by Law # 423-XVI dated  22.12.2006, effective from 02.02.2007] 

Article  36. General Conditions for Changes and Additions

(1) Legislative acts on changes and additions shall use the terminology and follow the structure of the act that they change or supplement.

(2) One legislative act may change or supplement several acts that have the same or less legal effect.

(3) In case of changing or supplementing only one article of one legislative act, the title of the act on changes or additions shall directly refer to the Article that is changes or supplements, and to the respective act.

Part 2.

Invalidation

Article  37. Need for Invalidation

(1) Invalidation is a technical and legal procedure of abolishment that revokes provisions of legislative acts failing comply with the balance between public needs and legislative norms.

(2) Invalidation shall be intended to:

a) eliminate provisions of a legislative act that are contradictory to provisions of another legislative act that has the same or greater legal effect;

b) eliminate possible parallelisms in the legislation;

c) remove different interpretations and ambiguities;

d) exempt the legislation from outdated norms.

Article  38. Types of Invalidation

(1) Invalidation may be full or partial.

(2) Full invalidation shall revoke the legislative act fully.

(3) Partial invalidation shall revoke certain parts of the legislative act.

Article  39. General Conditions for Invalidation

(1) A legislative shall be invalidated by adopting an act that shall have the same or greater legal effect.

(2) As a rule, invalidation shall be made directly, with the text of the legislative act chronologically rendering null and void all provisions and all legislative acts that are invalidated.

(3) Should lower acts be issued to enact provisions of the legislative act that is rendered null and void, the invalidation act as a rule shall contain a specific reference about rendering them null and void.

(4) In case of invalidating a legislative act that has been changed or supplemented, legislative acts on changes or additions to it shall be also rendered null and void unless invalidated as specified in part (5), article 41.

(5) Invalidation may be accompanied by adoption of new norms in the respective field, yet it may be not accompanied by them if invalidating an improper  legislative act or improper norm.

Article  40. Moment of Invalidation

(1) Should a legislative act invalidate a previously adopted legislative act as a whole, it shall specifically render the previous act null and void from the moment the Invalidation Act enters into force.

(2) Should provisions of the new legislative act enter into effect at different times, it shall specifically stipulate that invalidation shall take place respectively according to the stages the new legislative act enters into effect.

Part 3.

Re-Publication

Article  41. Re-publication

(1) An instruction for re-publication of a legislative act shall be given in the latest legislative act on changes and amendments thereto. If necessary, it shall contain a provision on re-numbering in the act that is subject to re-publication.

(2) During re-publication of a legislative act, changed or amended provisions shall be combined into integral norms with re-numbering of articles, parts, chapters and other elements of the act, if specially indicated.

(3) Re-publication shall be mandatory if a legislative acts has been subject to significant change (affecting more than one third of its articles).

(4) References to the re-published legislative act shall contain wording of ‘Re-published in the Official Monitor of the Republic of Moldova #... dated ...’.

(5) Legislative acts that change or supplement a legislative act shall be rendered null and void from the moment of its re-publication and shall be used only for records.

Chapter VIII

INTERPRETATION OF LEGISLATIVE ACTS

Article  42. Need for Interpretation

(1) Interpretation of legislative acts is a system of logical operations for exposing the precise and full meaning of normative prescriptions.

(2) Interpretation provides legal decisions for implementing the essence of a legal norm.

(3) Interpretation is official if provided by means of legislative acts on interpretation.

Article  43. Bodies Authorized for Interpreting Legislative Acts

(1) Official interpretation of the Constitution and constitutional laws shall be the sole authority of the Constitutional Court.

(2) Official interpretation of legislative acts except for those specified in part (1), shall be the sole authority of the Parliament.

Article  44. Interpretation Acts

(1) Constitution and constitutional laws shall be interpreted by the Constitutional Court by means of adopting regulations by votes of at least four judges.

(2) Except for those specified in part (1), legislative acts shall be interpreted by the Parliament by means of adopting legislative acts having the same or greater legal effect.

Article  45. Retroactive Effect of Interpretation Acts

Legislative Interpretation Acts shall have no retroactive effect except for cases when interpretation of a norm stipulating responsibility facilitates the position of the subject of law.

Chapter IX

EFFECT OF LEGISLATIVE ACTS IN TIME AND SPACE AND ACCORDING TO RANGE OF PERSONS

Part 1.

Effect of Legislative Acts in Time

Article  46. Effect of Legislative Acts and No Retroactive Effect

(1) A legislative act shall be valid only in its effective period and shall not have any retroactive affect or be applied after the expiry of its effective period.

(2) Only legislative acts mitigating responsibility shall have retroactive effect.

(3) Legislative acts may be applied after the expiry of their effective period only in exceptional order.

Article  47. Termination of Legislative Acts

(1) A legislative act shall be terminated in the following cases:

a) if rendered null and void;

b) if invalidated by a decision of a competent authority that has come into force;

c) upon expiry of the envisaged effective period;

d) when fully executed;

е) after becoming ineffective.

(2) In case specified by c), part (1), the Parliament may take measures to prevent termination of the legislative act.

Part 2.

Effect of Legislative Acts in Space and According to Range of Persons

Article  48. Effect of Legislative Acts in Space

(1) A legislative act shall be applicable to the entire territory of the Republic of Moldova, also in areas recognized as the territory of the state, with exceptions specified by international treaties that the Republic of Moldova is a party to, and by the existing legislation.

(2) Legislative acts and some of their provisions shall be also applicable beyond the territory of the Republic of Moldova, in compliance with international treaties that the Republic of Moldova is a party to, and general principles of international law.

Article  49. Effect of Legislative Acts According  to Range of Persons

(1) A legislative act shall be applicable to:

a) citizens and legal persons of the Republic of Moldova;

b) foreign citizens and stateless persons on the territory of the Republic of Moldova;

c) foreign legal persons located on the territory of the Republic of Moldova.

(2) Exceptions in the application of a legislative act in relation to persons specified by part (1), shall be established by international treaties that the Republic of Moldova is a party to, and general principles of international law.

Chapter X

SYSTEMATIZATION AND KEEPING OFFICIAL RECORD OF LEGISLATIVE ACTS

Part 1.

Systematization of Legislative Acts  

Article  50. Review of Legislative Acts

(1) Review of legislative acts shall include analysis of their content with the purpose of evaluating their legal efficiency at a respective stage of social relations.

(2) Review of legislative acts shall be made periodically, at least once in two years.

(3) The review shall be made by specialized bodies of the Parliament and other agencies responsible for systematizing legislation.

(4) Resulting from the review, proposals for changing or supplementing legislative acts may be presented with the purpose of bringing them in conformity with the requirements of life.

Article  51. Stages of Legislative Acts Review

Legislative acts review shall include the following stages:

a) identifying the scope of acts that require analysis, and grouping them according to their topics;

b) considering each act separately for:

- relevance and efficiency;

- any parallelism or contradictions to other legislative acts;

- gaps in their provisions;

- opportunities for uniting fragmented norms;

- identifying outdated character of the act or of some of its provisions.

Article  52. General Principles for Systematizing Legislative Acts

(1) Systematization of legislative act shall be organization of the acts according to certain criteria with the purpose of facilitating the use of legal norms and providing for their uniform application.

(2) Main forms of legislative acts systematization shall include:

a) incorporation that is a simple systematization of acts in chronological or alphabetical order, according to areas of law, legal institutes, etc;

b) codification that is a more complicated systematization, based on a single concept, of legal norms related to a separate area of law, by their grouping in codes.

Article  53. Code

(1) A code is a legislative act that unites and systematizes main norms of a certain area of law.

(2) The code structure shall reflect the system of a respective area of law.

(3) The code shall have the following qualitative attributes:

a) accuracy;

b) clarity;

с) logic;

d) integrity;

е) practical character.

Part 2.

Keeping Official Record of Legislative Acts  

Article  54. Legislative Act Number and Date

(1) Upon adoption, a legislative act shall be given a number that shall become its official number and shall be then recorded together with it.

(2) Legislative acts shall be officially numbered starting from the beginning of each calendar year.

(3) Should an officially numbered legislative act never come into effect, the respective number shall be reserved for this act and shall not be given to any other legislative act.

(4) The legislative act date shall be the date of its adoption.

Article  55. State Registration of Legislative Acts

(1) Legislative acts shall be subject to registration with the State Register of Acts of the Republic of Moldova, also with the State Register of Legal Acts of the Republic of Moldova.

(2) Originals of legislative acts shall be kept in the Parliamentary Archives, classified as ‘To be kept permanently’.

[Article 55 изменена Законом N 253-XVI dated  22.11.2007, effective from 28.12.2007]

Article  56. Forms of Keeping Record of Legislative Acts

(1) Record of legislative acts shall be kept by the Parliament.

(2) Record shall be kept using one or several forms simultaneously:

a) according to the card index;

b) in registers;

с) in the electronic format;

d) according to the Official Legislation Classifier.

Article  57. Review, systematization and keeping official record of normative acts

(1) Normative acts not covered with this Law shall be reviewed and systematized by their issuing authorities.

(2) Official record of legislative and other normative acts shall be kept by the Ministry of Justice.

Chapter XI

FINAL AND TRANSITIONAL PROVISIONS

Article  58. Coming into effect

This law shall come into effect after three months from the date of publishing.

Article  59. Revocation of Contradictory Norms

Existing legislative acts and other normative acts shall be applied in the part that does not contradict this law.

Article  60. Logistics and Financial Provision

The Parliamentary budget shall annually allocate for a special fund for elaborating legislative acts and implementing their provisions.

Article  61. Enactment

Within a three-months term after this Law comes into effect, the Government shall:

а) present to the Parliament:

- proposals for brining the existing legislation in conformity with this Law;

- a draft law on normative acts of the Government, other bodies of central and local public administration;

b) bring its normative acts in conformity with this Law.

CHAIRPERSON OF THE PARLIAMENT

Eugenia Ostapchuk

Chişinaú, December 27 2001 

N 780-XV.

Annex

N _________

DRAFT LEGISLATIVE ACT CARD

Draft legislative act ____________________________________________________________________________

________________________________________________________________________________________________________

________________________________________________________________________________________________________

2. Presented by:

a) the Government

b) the President of the Republic of Moldova

c) a parliamentarian (parliamentarians)

d) a group of citizens (in case of draft legislative acts on changes to the Constitution)

Registered in the Parliament ____________________________________________________________________________

(date)

3. Responsible Commission ________________________________________________________________________________

________________________________________________________________________________________________________

4. Responsible Commission Report  approved by Commission’s Decision N _______ dated __________

5. Start dates for Parliamentary debate:

a) urgently _____________________________________________________________________________________

(date)

b) in normal order _____________________________________________________________________________________

(date)

6. Results of Debate:

a) Rejected _____________________________________________________________________________________________

(date, number of votes)

b) Adopted:

at the first reading __________________________________________________________________________________________

(date, number of votes)

at the second reading _________________________________________________________________________________________

(date, number of votes)

at the third reading _________________________________________________________________________________________

(date, number of votes)

c) Returned as requiring improvement to authors, commission, group of experts_______________________________________

________________________________________________________________________________________________________

(date, number of votes)

7. Re-considered after improvements ________ ______________________________________________________________

(дата)

8. Adopted in the final reading after editing_____________ _______________________________________________________

(date, number of votes)

Category of act: constitutional, organic or ordinary (special, extraordinary) law, regulation, resolution

Official number of act ___________________________

9. Law signed on, by_____________________________________________________________________________________

(date, signatory)

10. Law transferred for promulgation ______________________________________________________________________

(date)

11. Law received from the President of the Republic of Moldova for review _____________________________________

______________________________________________________________________________________________________

(date, number of return act)

12. Responsible Commission Report to the application for law review, approved by Commission’s decision N ___________ dated _____________

13. Re-considered by the Parliament _________________________________________ and decided:

(date)

a) to maintain the previous decision ________________________________________________________________

(number of votes)

b) to agree with proposals and comments of the President of the Republic of Moldova ________________________________

(number of votes)

c) to reject the law for lack of votes __________________________________________________________________

(number of votes)

14. Promulgated _________________________________________________________________________________

(number and date of promulgation act, name of promulgator)

15. Publication and Coming into Effect:

a) transferred for publication _________________________________

(date)

b) published _____________________________________________

(date)

c) came into effect __________________________________________

(date)

Signature of Responsible Person

__________
Legile Republicii Moldova
780/27.12.2001 Lege privind actele legislative //Monitorul Oficial 36-38/210, 14.03.2002