Measures that can be taken when state of emergency is declared

The law on the declaring of the state of emergency, siege or war defines the state of emergency as an ensemble of political, economic, social and public order maintenance measures that are instituted provisionally in some of the localities or all over the country, IPN reports.

The state of emergency can be declared in case of imminence or occurrence of exceptional situations of a natural, technogenic or sociobiological charter, diminution and liquidation of their consequences, or in the case of existence of a danger to national security or constitutional order, which makes the defense of the rule of law, maintaining or rehabilitation of the state of legality necessary.

The state of emergency is declared at the proposal of Moldova’s President or the Government and can be declared for a period of at most 60 days. Depending on the developments, the President or the Government can ask Parliament to extend or reduce the period of the state of emergency and to extend or reduce the radius of action of this.

During the state of emergency, depending on the concrete situation, the citizens can be temporarily evacuated from areas that pose a threat to life. They are mandatorily provided with permanent or temporary accommodation. The food and other bare essentials can be rationed.

The citizens can be summoned to provide services in public interest. Special rules can be introduced as regards the use of telecommunications means. The authorities can institute a special work regime for business entities and public institutions and a special entrance and leaving regime at the border.

The planning, organization and coordination of the implementation of these measures are among the duties of the Commission for Exceptional Situations.

A draft decision by which the Government suggests declaring a state of emergency for 30 days was approved on March 16. This is to be adopted by Parliament. The Government proposed excluding the provisions saying the amendment of the Constitution, adoption, amendment or abrogation of organic laws and the electoral legislation and the holding of local and national referendum and elections to choose central and local public authorities are not possible during a state of emergency, siege or war. It also suggested providing additional powers to the institutions responsible for the management of the state of emergency, siege or war so that other emergency measures could be taken, if need be.

The persons who violate the regime of the state of emergency, siege or war are held civilly or criminally accountable.

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