Instruction No 3 of Moldova's Commission for Emergency Situations from 15 April 2021

Chisinau, 15 April /MOLDPRES/ -In accordance with the Article 22 of the Law No 212/2004 on the regime of the state of emergency, of siege and of war, Article 2 of the Parliament Decision No 49/2021 on the declaring of the emergency state, points 6-9 from the regulation of the Commission for Emergency Situations (CSE), approved through the Government Decision No 1340/2001, CSE    

INSTRUCTS: 

Procedure terms 

1. During the emergency state, the limitations of time and the time limits of any types do not start passing and if they started passing, they are suspended on all the period of the emergency state established under the Parliament’s Decision No 49 from 31 March 2021. 

Forcible execution 

2. The procedures of forced execution as to:

2.1. the fulfillment of the enforceable documents as to the dwellings’ litigations

2.2. following the salary and other incomes, excepting the enforceable documents concerning the collection of the child’s support pension, is suspended de jure. The calculation of interests and penalties within the forcible execution procedures is suspended on the emergency state period.  

3. During the emergency state period, the following things cannot be followed:   

4. The personal goods and the household appliances, including the furniture, which are indispensable for the living of the debtor private person and his/her family members, meant for maintaining a reasonable lifestyle, provided that the value of each of these goods does not exceed 5,000 lei;  

Criminal, civil and administrative and contravention cases

5. On the emergency state period, as to civil law, competent people will consider cases on actions against the administrative work carried out by the Commission for Emergency Situations.

6. Other civil and administrative causes are suspended de jure.

7. In the law suits seen in the point 6, when possible, the courts instruct the measures needed for holding the court session through videoconference and start communicating procedure acts through fax, email and other means which ensure the delivery of the act’s text and the confirmation of its reception

8. As to criminal and contravention matters, competent people will consider the causes in which the urgency is justified through the goal of the establishment of the emergency state nationally and which regards the infringement of the instructions by Moldova’s Commission for Emergency Situation.

9. The court sessions which impose their holding with physical presence will be organized with the limiting of the number of participants, proceeding from the norm of 4 square metres from the room’s useful area and will last not more than 60 minutes. In the context, the panels of judges will establish the terms of trial for such a number of causes, so that the observance of these norms is ensured.   

10. Under the law, including if the court’s technical parameters and the number of the participants in the trial allows this, the organization of the session for the files due to be considered first and foremost, according to the present instruction, will be held through videoconference.

11. On the period of the emergency state, the contravention cases in which the urgency is justified through the goal of setting the emergency state nationally and which regards the infringement of the instructions by CSE, will be considered in line with the regulations of the Instruction No1 of the Commission for Emergency Situations from 1 April 2021.  

12. On a period of ten days after the ceasing of the emergency state, the court will take measures for fixing the term of trial and the summoning the sides.  În termen de 10 zile de la încetarea stării de urgență, instanţa de judecată va lua măsuri pentru fixarea termenelor de judecată şi citarea părţilor.

The serving of the punishment implying non-imprisonment

13. In the serving of the punishment and educative measures implying non-imprisonment, the fulfilling of the supervision through the coming of the person to the probation service, receiving the visits of the probation councilor, as well as the obligations to make non-remunerated work for the benefit of the community, to make education activities, attend one or more probation programmes are suspended on the period of the emergency state.    

The serving of the punishment of imprisonment

14. In the serving of the punishments and measures of imprisonment, the exercising of the right to receive visits, exercise the right to private life, exercising the right to receive goods through the visit sector, as well as rewards consisting in permission to walk out of penitentiary are suspended.

The work of ministries/central administrative authorities and legal professions  

15. On the period of the emergency state, the legal terms established for the settlement of the requests formulated in exercising the free access to public interest information, such as petitions, are doubled.

The actions against the administrative activity carried out by the Commission for Emergency Situations  

16. The exclusive competence for considering the actions against the instructions by CSE belongs to the Chisinau Court of Appeal.

17. The following things are exempted from customs duties, taxes for customs procedures, value added tax:

1) a consignment of 120, 000 doses of vaccine Гам-КОВИД-Вак (Sputnik V), provided for Moldova’s government as donation, imported from Russia by the National Public Health Agency as beneficiary (contracting side);  

2) a batch of 62,000 doses of vaccine Гам-КОВИД-Вак (Sputnik V), provided to Moldova’s eastern districts, as donation, imported from Russia by the state enterprise ЛЕКФАРМ .

18. The Medicine and Medical Devices Agency will issue the import authorization for the consignment of vaccine mentioned in the point 17.

19. Through derogation from the provisions of the sub-point 9 of point 6 of the regulation on the way the production prices for medicines are approved and registered, approved under the government decision No 525/2010, the producer price for vaccines against Covid-19 or against another infectious disease, which triggered the establishment of the emergency state, will be established in the quantum demanded by the producer or by the holder of the certificate of the medicine’s registration.    

20. The non-observance of the provisions/measures set by the Commission for Emergency Situations of Moldova represents danger for the public health and will serve as reason for calling the guilty people to contravention and/or criminal account. 

21. Depending on the evolution and tendency of the epidemiological situation, the restrictive measures will be revised and updated through the subsequent instructions.

22. The present instruction enters into force at the moment of its issuance and is published on the Government’s official webpage.  

Acting Prime Minister, chairman of the Commission AURELIU CIOCOI