Final Draft
The
Parliament adopts the present organic Law. With a view to protecting the rights
and freedoms of the individual, the fundamentals of the constitutional regime,
and to ensuring the integrity and security of the Republic of Moldova, the
present Law establishes the legal and organizational framework for combating
extremist activity and the responsibility for conducting such an activity.
Article 1.
Principal Terms
In the
context of the present Law, the principal terms employed have the following
meanings: extremist activity (extremism):
a) activity
of a public or religious association, mass media establishment or other
organization, or of
a physical
entity with the aim of planning, organizing, preparing, or implementing actions
with the purpose of:
- forcible
change (overthrow) of the constitutional regime and violation of the integrity
of the
Republic of Moldova;
-
undermining the security of the Republic of Moldova;
- usurpation
of state authority or official power;
-
organization of illegal armed units;
- terrorist
activity;
- incitement
to racial, national, and religious hatred, as well as to social hatred, through
violence or call to violence;
- disgrace
to the national dignity;
- incitement
to mass disorders, to hooliganism or vandalism acts, on motives of ideological,
political,
racial,
national or religious hatred or hostility, as well as on motives of hatred or
hostility toward a social group;
-
propagation of exclusiveness, superiority or inferiority of citizens according
to their religious affiliation, or depending on their race, nationality, ethnic
origin, language, religion, sex, opinion, political affiliation, property, or
social origin.
b)
propagation and public display of nazi attributes or symbols, or similar
attributes or symbols that can be confounded with the nazi attributes or
symbols;
c) financing
or contributing in any other way to the implementation of aforementioned
actions, including through provision of financial means, real estate, didactic,
polygraphic, and logistic resources, telephone, fax, and other types of
communication means, as well as information services;
d) calling in
public to conducting aforementioned actions; extremist organization - a public
or religious organization, mass media establishment, or other organization
against which a final court ruling is issued on the cessation or suspension of
activity on motives of conducting extremist activity, under the present Law; materials
of extremist nature - documents or other information, including anonymous information
for the public, calling to extremist activity, providing arguments or
justifying the necessity of extremist activity, or justifying the practice of
committing war crimes, or other crimes related to the partial or total
extermination of an ethnic, social, racial, national or religious group.
Article 2.
Basic Principles of Combating Extremist Activity
The combating
of extremist activity is based on the following principles:
a)
recognition, respect, and protection of the human rights and freedoms, as well
as of the legitimate interests of the organizations;
b) legality;
c)
transparency;
d) ensuring
the security of the Republic of Moldova;
e)
priorities of counter-extremism measures;
f)
cooperation of the State with the public or religious associations, mass media
or other organizations, and physical entities in the combating of extremist
activity;
g)
inevitability of punishment for the conducting of extremist activity.
Article 3.
Principal Directions in the Combating of Extremist Activity
The
counter-extremism activities shall be performed on the following principal
directions:
a) adopting
prophylactic measures as to prevent the extremist activity, including the
identification and elimination of reasons and conditions encouraging extremist
activity;
b)
detection, prevention, and termination of the extremist activities conducted by
the public and religious associations, by mass media, and other organizations
and physical entities.
Article 4.
The Subjects Empowered to Combat Extremist Activity
Central and
local public authorities shall participate in the combating of extremist
activity in the limits of their competencies.
Article 5.
Prophylactics (Prevention) of the Extremist Activity
With a view
to combating extremist activity, the central and local public authorities shall
implement, in the limits of their competencies, and as a priority, prophylactic
measures, including educational and propaganda measures, aimed at preventing
the extremist activity.
Article 6.
Responsibility of a Public or Religious Association or Other Organization for Conducting
Extremist Activity
(1) The
creation and activity of public and religious associations, as well as of other
organizations, the objectives of which involve extremist activity, are
prohibited in the Republic of Moldova.
(2) In case
if actions denoting extremism are ascertained in the activity of a public or
religious association or other organization, including in the activity of at
least one of its territorial or other subdivisions, the organization shall be
warned in written form about the inadmissibility of conducting such actions,
with the indication of concrete reasons for the warning, including the violations
committed. In case if measures to remove the committed violations are possible,
the warning shall also indicate the term for the implementation of such
measures, which shall be one month from the date of warning.
(3) The
warning of the public or religious association or other organization shall be
issued by the
General
Prosecutor or his Deputy or by the respective prosecutor from his subordination
or his deputy or by the Ministry of Justice or the State Agency on Churches and
Religious Organizations.
(4) The
warning may be challenged in court, according to the established procedure.
(5) If the
warning has not been challenged in court, according to the established
procedures, or has not been ruled as illegal by the court, and if the
respective public or religious association or organization or one of its
territorial or other subdivisions has not removed the irregularities which generated
the warning in the term provided, or if in the course of 12 months from the
date of the warning new actions denoting the existence of signs of extremism
have been ascertained, on the basis of the claim of the General Prosecutor or
his Deputy or the respective prosecutor from his subordination or his deputy or
of the Ministry of Justice or the State Agency on Churches and
Religious
Organizations, the court shall issue the ruling on the cessation or suspension
for a period of up to one year of the activity of the public or religious
association or organization.
(6) In case
if the court ruled, on the basis of the present Law, for the cessation or
suspension of activity of the public or religious association or organization,
the activity of its territorial or other subdivisions shall be terminated or
suspended as well.
Article 7.
Responsibility of a Mass Media Establishment for the Dissemination of Materials
of Extremist Nature and for Conducting Extremist Activity
(1)
Dissemination through mass media of materials of extremist nature and
conducting by mass media of extremist activity is prohibited in the Republic of
Moldova.
(2) In case
if a mass-media establishment disseminates materials of extremist nature, or
actions denoting extremism are ascertained in its activity, the state organ
that registered this mass media establishment or the General Prosecutor or his
Deputy or the respective prosecutor from his subordination or his deputy shall
issue a written warning to the founder and (or) the editorial board (editor-in-chief)
of this mass media establishment about the inadmissibility of such actions or activity,
with the indication of concrete reasons for the warning, including the
irregularities committed. In case if measures to remove the committed
violations are possible, the warning shall also stipulate the term for the
implementation of such measures, which shall be of up to one month from the
date of warning.
(3) The
warning may be challenged in court, according to the established procedure.
(4) If the
warning has not been challenged in court, according to the established
procedures, or has not been ruled as illegal by the court, and if the
irregularities which generated the warning have not been removed in the term
provided, or if in the course of 12 months from the date of the warning new
actions denoting the existence of signs of extremism have been ascertained in
the activity of the mass media establishment, on the basis of the claim of the
state organ that registered this mass media establishment or of the General
Prosecutor or his Deputy or the respective prosecutor from his subordination or
his deputy, the court shall issue the ruling on the cessation or suspension for
a period of up to one year of the activity of the mass media establishment.
(1)With the
aim of non-admitting the continuation of dissemination of the materials of
extremist nature, the court may suspend the selling of the respective edition
of the publication or the circulation of audio-video tapes of the respective program
or the launching of the respective audiovisual program, according to the
provided procedure, in order to implement measures supporting the action.
(2) The
court decision provides grounds for the confiscation of the unsold part of the
circulation of the mass media production, containing materials of extremist
nature from the storage facilities, from the retail or wholesale shops.
Article 8.
Inadmissibility to Use Public Telecommunication Networks for Conducting Extremist
Activity
(1) The use
of public telecommunication networks for conducting extremist activity is
prohibited.
(2) If the
public telecommunication networks are used for conducting extremist activity,
measures provided by the present Law shall be applied, taking into account the
particulars of relations in the field of telecommunications, regulated by the
legislation.
Article 9.
Combating the Dissemination of Materials of Extremist Nature
(1)
Publishing (directing) or dissemination (broadcast) of printed, audio-visual or
other materials of extremist nature is prohibited in the Republic of Moldova.
(2) The
extremist nature of the materials is to be established by the court, upon the
petition of the prosecutor.
(3) The
court decision on the extremist nature of the information material provides grounds
for the confiscation of the unsold part of the circulation.
(4) If in
the course of 12 months the organization publishes twice materials of extremist
nature, the court shall rule on the termination of its editorial activity.
Article 10.
The Record of Materials of Extremist Nature
(1) The
Ministry of Justice keeps a record of materials of extremist nature.
(2) The copy
of the court decision on the extremist nature of the information material shall
be sent to the Ministry of Justice, which shall issue an order on including the
respective material in the record of materials of extremist nature.
(3) The
order concerning the introduction of the material into the record of materials
of extremist nature shall be published in the Official Monitor of the Republic
of Moldova and in the national mass media.
(4) The
order concerning the introduction of the material into the record of materials
of extremist nature may be challenged in court, according to the established procedure.
(5)
Dissemination of the materials included in the record of materials of extremist
nature on the territory of the Republic of Moldova is prohibited.
(6) The
persons responsible for the preparation, dissemination or illegal storage with
the purpose of subsequent dissemination of the aforementioned materials shall
be punished under administrative or criminal law.
Article 11.
Responsibility of an Official Person for Conducting Extremist Activity
(1)
Statements on the necessity, admissibility, possibility, or opportunity to
conduct extremist activities by an official person, in public or while
exercising his/her function, or with the indication of the position held, as
well as lack of actions by the official person as to combat extremism in the framework
of his/her competencies are subject to liability according to the law.
(2) State
competent bodies and the hierarchally superior official persons are obliged to
take urgent measures to punish the persons that committed the actions provided
in para. (1).
Article 12.
Responsibility of the Citizens of the Republic of Moldova, of Foreign Citizens,
and Stateless Persons for Conducting Extremist Activity
(1) For
conducting extremist activities, the citizens of the Republic of Moldova,
foreign citizens, and stateless persons are liable under criminal,
administrative, and civil law, according to the procedure established by the
legislation.
(2) In order
to ensure State and public security, on the basis and in accordance with the
law, the person that has participated in the conduct of extremist activity may
be limited, by a court decision, in the access to functions in the public
service, contract military service, law enforcement bodies, educational
institutions and non-state investigation-protection services, for a period of
up to five years.
(3) In case
if the leader or a member of the public or religious association or other
organization makes a public statement calling to the conduct of extremist
activity, without mentioning it being his/her personal opinion, and in case if
there is a final court ruling on this person's offense of extremist nature, the
respective public or religious association or organization is obliged to
express in public its disagreement on the statements or actions of this person,
within a brief timeframe. If the respective public or religious association or
organization does not make such a statement, this may be interpreted as a fact
denoting signs of extremism in its activity.
Article 13.
Inadmissibility to Conduct Extremist Activity During Assemblies
(1) It is
not permitted to conduct extremist activity during assemblies. The organizer of
the assembly is responsible for complying with the provisions of the Law on
Organization and
Conducting
of Assemblies and other normative acts on the non-admittance of extremist
activity and its timely combating.
(2)
Involvement of extremist organizations and their logos or attributes, as well
as dissemination of materials of extremist nature are not permitted during
assemblies.
(3) In case
circumstances provided in para. (2) are identified, the organizer of the
assembly or other person responsible for its conducting is obliged to take
immediate actions as to eliminate the mentioned irregularities. Non-observance
of these obligations shall cause the suspension of the assembly on the request
of law enforcement authorities and to the liability under law of the organizer
of the assembly or other person responsible for conducting the assembly.
Article 14.
International Cooperation in Combating Extremism
(1) The
activity of foreign public or religious associations or other organizations and
their structural subdivisions, recognized as extremist in accordance with the
acts of the international law and the legislation of the Republic of Moldova is
prohibited in the Republic of Moldova.
(2) If a
final court ruling on the cessation or suspension of activity of a foreign
organization is in place, the competent state organ of the Republic of Moldova
is obliged to announce, within ten days, the diplomatic representation or
consular institution of the respective state in the Republic of
Moldova
about the cessation of activity of this organization on the territory of the
Republic of Moldova, or about the suspension of its activity, and its
consequences.
(3) In
accordance with the international treaties to which the Republic of Moldova is
a party, the
Republic of
Moldova shall cooperate in the field of anti-extremism with foreign states,
with law enforcement and special services of these states, as well as with the
international organizations fighting extremism.
Article 15.
Final and Intermediary Provisions
(1) Within
one month, the Government shall submit to the Parliament proposals on adjusting
the current legislation to the present law.
PRESIDENT OF THE PARLIAMENT
No comments:
Post a Comment