RESOLUTION OF THE PARLIAMENT OF THE REPUBLIC OF MOLDOVA
on approval of theConcept of State Border Guarding
of the Republic of Moldova

Nr.479-XV  as of 04.12.2003
Official Monitor of the R.Moldova nr.6-12/91 as of 01.01.2004

* * *

The  Parliament adopts this Resolution.
    Art.1. - The Concept of State Border Guarding of the  Republic of Moldova, is approved, in conformity with the annex, an integral part of this resolution.
    Art.2. – The Government shall:
    - ensure fulfilment of the provisions of The Concept of State Border Guarding of the  Republic of Moldova;
 - submit to the Parliament for consideration, in  a three month period,  the Draft Law on the Border Guards Service  and other pertinent draft legislative acts.
    Art.3. – This resolution shall become effective on the day of its adoption.

    CHAIRMAN
    OF THE PARLIAMENT               Eugenia OSTAPCIUC

    Chisinau , December 4, 2003.
    Nr.479-XV.

                                                Annex

CONCEPT OF THE STATE BORDER GUARDING OF THE REPUBLIC OF MOLDOVA

The events that took place in South East   Europe determined the intensification of migration processes,   of transborder organised   crime and international  terrorism. In these circumstances guarding and protection of the state border of the Republic of Moldova, hereinafter referred to as the state border, is acquiring primary importance.
This concept  states the basic objectives,  principles, directions and prospects for development of the guarding and protection system  of the state border for the period until year 2007.

The legal basis of the  concept is the Constitution of the Republic of  Moldova, legislation on state border and national security, other normative acts,  as well as international treaties to which Moldova is a part.

In this concept, guarding and protection  of the state border  are conceived as a component part of the national security system.

Subjects of the state policy of ensuring security and guarding of the state border are the Border Guards Service, other authorities of the central public administration, local public administration,  enterprises,  institutions,  organisations and public associations, vested with authority in this field.

 I. General provisions

1. Guarding and protection of the state border   shall be understood as  co-ordinated activity of the Border Guards Service,  other authorities of central and local public administration authorities and other subjects of the state border guarding activity,  an activity carried out within the limits of competence,  by adopting of some political,  diplomatic, legal organisation, economic, border guarding, intelligence, counter-information, operational investigation, customs, environmental, sanitary-epidemiological, and other types of  measures aimed at ensuring state borders security.

2. The objectives of the state border guarding are: accomplishment and protection of the national interests of the Republic of Moldova,  ensuring personal, public and state security  within the borders,   unconditional observance of treaties and agreements signed with the neighbouring and other countries on state border related matters,  ensuring favourable conditions for maintaining economic, trade, cultural, family and other types of transborder  relationships with the neighbouring states.

Security of the state border shall be ensured within the border territory which includes  the state border itself,  border zone, air space, Moldovan sector of border waters, state border crossings, and related objects agreed upon in international and bilateral   conventions with the neighbouring  states, in conformity with the principles and norms of the international law.

3. The main national interests of the Republic of Moldova within the border space are:

- ensuring sovereignty,  independence and territorial integrity of the state;

- finalising the process of marking and legalisation of the state border in compliance with the norms of international law;

- observing the mode and rules provided for in national legislation, of carrying out all types of activity within the border zone;

- creating conditions for carrying out economic and other type of activity  within the border space, that would contribute to social-economic development of the country, protection and rational use of natural resources;

- development of border co-operation with the neighbouring countries.

 4. The main factors that harm the national interests of the Republic of Moldova within the border space and continue to have an essential impact on the state border guarding and its security are:

- lack of a single border space;

- an increased rate of illegal migration of foreign nationals and stateless persons  who cross the state border and the territory of the Republic of Moldova with the purpose to get settled in Western European countries;

- expanded scope of terrorist organisations and criminal groups outside the territory of the Republic of Moldova;

- unsolved  problems pertaining to development of a proper border infrastructure,  in particular, on new, non-arranged sectors  of the state border with Ukraine, due to lack of resources and limited technical and material resources available;

- increased danger of technogene disasters  and  import of diseases extremely dangerous to   humans and animals, pests, as well as toxic substances.

5. The state border guarding shall be carried out based on the following fundamental principles:

- abiding legality;

 - observance of human rights and liberties;

 - protection of the state border integrity,    non-alienability and   inviolability;

 - complexity and compatibility of methods and forms of activity;

- unipersonal and centralised management ;

- observance of norms of international law  and provisions of international treaties, co operation of authorities fulfilling similar functions in   other states.

6. State border guarding shall be accomplished by use of the following principle methods:
    - analysis of situation,    timely discovery,   combating and neutralisation of hazards

threatening the state border security;

- ensuring  permanent guarding , concentration of forces and means on the threatened sector;

- arranging the guarding depending on the situation, territorial peculiarities,  forces and means available, organisation of intensive, easily adaptable to circumstances, and camouflaged actions.

II. Fundamentals of border management policy of the Republic of Moldova and its implementation

7. Aiming at ensuring territorial integrity,  border  inviolability and for the purpose of combating criminal attempts to violate the state border, central public authorities shall develop the state border management policy which shall be implemented by public administration  authorities within the limits and competencies of their functional attributions provided by law.

Fundamentals of the border management policy of the Republic of Moldova are a component part of the National Security Concept aimed towards guaranteeing sovereignty, inviolability and territorial integrity of the state, implementing and protection of its national interests and security within its border space, maintaining good vicinity and friendship relationships with neighbouring states.

Border management policy has been developed in conformity with the Constitution of the  Republic of  Moldova, and commonly recognised principles and norms of the international law, being implemented through well organised and co-ordinated actions of public administration authorities,   public associations and citizens, in conformity with their rights and attributions in the field.

8. Fundamental directions of the state border management policy are:

- development of conditions to ensure sovereignty, territorial integrity of the state and security of its borders;

- completion of the state border marking and legalisation  process, establishing border regime on its entire  length, in compliance with the norms of international law; co-operation with neighbouring and other states in state border related matters aiming at combating terrorism, contraband, illegal migration,   human trafficking and other categories of transborder offence;

- management of incidents pertaining to violation of the state border regime;

- co-ordination of actions of ministries, departments and other competent structures of the Republic of  Moldova in view of establishing and   developing a proper border infrastructure.

9. Border management policy shall rest on the following principles:

 - observance of sovereignty,   territorial integrity of states and inviolability of borders;

-priority of national interests within the border space, complex approach to problems pertaining to their implementation and promotion;

 - amiable resolution of border problems and incidents;

- strict observance of agreements and treaties concluded with neighbouring states on border relationships and co-operation.

10. The fundamental directions of border policy  shall be pursued by  accomplishing external policy, economic, social and financial activities of the state. For this purpose:

 - the Government of the Republic  of  Moldova  shall implement its border management policy through the subordinate public administration authorities, strictly limiting their competencies and responsibilities, and excluding  unreasonable overlapping of functions, establish the norms and modalities of financing and ensuring technical and material provision of  these authorities activity,  conduct negotiations and enter into inter governmental agreements on matters pertaining to the state border,  carry out activities according to competencies provided for in current legislation;

- the central managing body of the Border Guards Service shall organise the state border guarding,  ensure co-ordination of actions of all control services in the state border crossing points, of central and local public administration authorities in the matters of implementing border management policy, takes part in developing normative acts and international agreements on matters pertaining to the state border;

- local public administration authorities, public associations and citizens shall exercise  their attributions  of implementing border management policy  in compliance   with the Constitution of the Republic of Moldova, current   legislation  and other normative acts governing  the ensuring of security within the border space.

 III. Prospects and fundamental directions of improving the state border guarding system

    11. The state border guarding system shall be determined by the circumstances on the border sectors and shall be characterised by the multitude of measures enforced in view of ensuring national security, legality and,  law order on the state border with the purpose to protect vital interests   of persons, society and the state.

State border guarding will contribute to  development of inter-state economic, cultural, social and other types of co-operation, as well as combating any illegal activities within the border space.

Active and  consistent implementation by Border Guards Service and other authorities of central and local public administrations of a series of state border related measures stipulated by national legislation and international treaties,  has to become a priority in state border guarding activity.

12. The main tasks in the field of state border guarding are:

- maintaining state border regime, impeding or combating  its violation;

 -maintaining the regime in the state border crossing points and simplifying the crossing procedures for persons, vehicles and cargoes by improving and speeding up border, customs, sanitary, phyto-sanitary, veterinary and other types of control;

- modernisation of operation methods for the purpose of timely discovery and projecting of factors tampering border security, and adoption of other appropriate measures  for their neutralisation;
    - combating illegal actions on the state border, of the most dangerous in the first place, such as international terrorism,  illegal drug traffic, illegal migration;

- improving,  based on international agreements and current normative acts, of the mechanism of co-operation and exchange of operational information with authorities performing similar functions in the neighbouring states;

- development of border infrastructure, preponderantly on the non-arranged sectors on the state Moldovan-Ukrainian border;

- development of a single filing and control system of entry/exist into/from the Republic of Moldova of foreign nationals and other persons;

- rationalisation of  interaction of units and sub-units of Border Guards Troops Service   with air defence units of the   of the Ministry of Defence.

13. State border guarding shall be based on:

- activities carried out by sub-divisions and bodies of the Border Guards Service, accompanied by operational and regime activities;

- enforcement of border and other types of state control on international transportation routes and communications;

- combating  illegal migration over the state border, of drugs and goods smuggling, as well as other illicit activities.

It is stipulated that tasks pertaining to protection of national interests of the Republic of Moldova  within its border space,  shall be fulfilled by means of applying by the sub-divisions and bodies of the Border Guards Service of various forms and  methods of work in co-operation with forces and means of other authorities of central and local public administrations,  as well as by means of involvement into border guarding of general population living in close to border communities.

14. Improvement of state border guarding shall be accomplished through:

 - improving of quality of informational and operational system management;

 - development of international co-operation, taking into account protection of political, economic, and state border related interests, other state interests within the  border space of the country;

- strict observance of national legislation on border security;

 - improving of co-ordination and interaction at central and local levels,  between structural   sub-divisions of executive authorities, exercising their attributions on the state border;
    - operational and integral funding of implementation of the state border guarding tasks;
    - development and consistent execution of measures adopted by the state in view of providing professional  and  moral-psychological   support to Border Guards Service forces by carrying out activities aimed at raising the professional level and, recruiting   activities;
    - raising the importance and prestige of state border guarding activities, promoting organisational, inventory,  social-economic,  moral  and psychological measures that would consolidate  the potential of staff in Border Guards Service.

15. Legal provision of the state border guarding has the following objectives:

- updating national legislation on the state border depending on the situation in the country and at the state border;

 - concluding international bilateral and multilateral treaties in view of promoting the state border management policy and development of mechanisms for their implementation;

- improving the legal framework of the activity of public administration authorities and other structures having attributions to protection of national interests  within the border space of the country.

16. The activity of the Border Guards Service shall be consistently modernised as per necessity to solve state issues, taking into account concrete circumstances, possibilities of technical and financial provision.

Development of border operation and control bodies, with the concurrent use of the military component, of an optimal number of military and civil staff shall become a priority.
    It is expected that staff training system, the system of logistical and technical provision, as well as permanent upgrading of specialised equipment shall be continuously improved.
    17. Development of border co-operation shall imply:

- further development of international law basis in the filed of border co-operation and harmonisation of national legislation pertaining to state border guarding with pertinent legislation of other countries;

- rationalisation of treaties development activities, as well as representation activities on the border, what would lead to consolidation of co-operation and good vicinity relations with neighbouring countries;

- development and accomplishment of measures designed to increase the security of the state border guarding, contribute to consolidation of its regime and maintaining a stable situation on the state border;

- rationalisation of the mechanism for interaction and exchange of information based on international agreements;

- extension of co-operation and increasing inter-operability with law enforcement structures in other countries and international organisations aimed at combating trans-border organised crime.

IV. Legal and social protection of the Border Guards Service staff

18. Legal and social protection of military, civil staff and other persons who are involved in state border guarding is guaranteed by the state and shall be effected as stipulated in current national legislation.

19. The priority directions of legal and social protection of the Border Guards Service staff and other persons who are involved in state border guarding are:

- improvement of legal framework of legal and social protection of staff;

- raising the living standards of the staff, in particular of military staff in units and sub-units guarding the state border themselves;

- development and improvement of mechanisms for providing benefits and social guarantees stipulated by legislation for military staff and  resigned military.

V. Concept implementation

    20. This concept shall be implemented  through co-ordinated actions of central and  local public administration authorities,  within the limits of their competence, of public associations and citizens,  actions directed towards fulfilling a series of measures in view of ensuring border security in  the Republic of Moldova.

Concept implementation shall be organised directly by the central management of the Border Guards Service  jointly with the executive powers structures,  that ensure priority attention to problems related to its actual implementation.

The manner in which assistance shall be provided to Border Guards Troops Service and its bodies shall be determined by the Government.

21. Logistical supply of the state border guarding activity shall be ensured integrally and in the first place from central budget, within the limits of allocations planned on a yearly basis in this budget.

22. Consistent and gradual accomplishment of the concept’s provisions will guarantee continuous development   of the border security system of the Republic of   Moldova, as well as resolution of the state border legalisation problems based on commonly recognised principles and norms of international law.

The Concept of the state border guarding of the Republic of  Moldova  will be completed,  specified and updated along with consolidation of Moldovan state and developing the new system of interstate relations.