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Law No. LP160/2011 “On regulation of entrepreneurial activities by permits”.

Country/Territory
Moldova, Republic of
Document type
Legislation
Date
2011 (2023)
Source
FAO, FAOLEX
Subject
General
Keyword
Business/industry/corporations Authorization/permit Certification Intellectual property rights/patents
Geographical area
CIS (Commonwealth of Independent States), Eastern Europe, Europe, Europe and Central Asia, Landlocked Developing Nations
Entry into force notes
This Law enters into force after its official publication.
Abstract

This Law establishes the legal basis for regulation of entrepreneurial activity by permits. The scope of this Law is to introduce uniform provisions, relating to the procedure for regulating business activities through permission, applied by state bodies - issuers in relation to natural persons and legal entities for the purpose of carrying out their business or other activities provided for by law, related to and necessary for entrepreneurial activities. Permit shall be intended a document or act that establishes the issuing state body establishes certain legal facts and fulfillment of the conditions established by law, certifying that the applicant is vested with a number of rights and responsibilities for the purpose of initiating, implementing and/or terminating entrepreneurial activity or actions related to it and integral to it. A permit may be a license, authorization, pass, certificate, conclusion, approval, patent, qualification certificate. The basic principles of regulating business activities through permission are: (a) equality of rights and legitimate interests of all individuals and legal entities engaged in business activities; (b) transparency and predictability of permits required to initiate, carry out and/or terminate business activities; (c) transparency of decision-making in the field of permitting business activities; (d) material and procedural regulation through legislative acts of the conditions and procedures for regulating business activities through permission; (e) charging fees for issuing permits only in cases where the amount of the fee is expressly provided for by law or can be established/calculated based on the provisions of a legislative act; in all other cases, permits are issued free of charge; (f) declaration by the applicant of the permit on personal responsibility of compliance with the conditions provided for by this law and the regulatory framework on a single window; (g) application of the principle of tacit consent in the event that the issuing state body exceeds the period provided for by law for issuing, extending, re-issuing a permit, and in the absence of written notification from the said body of the suspension of the period for consideration of the application or of refusal, with the exceptions established by this law and laws directly regulating permitted activities; (h) balance (proportionality) between the interests of society and the rights of applicants when monitoring of compliance with the conditions of the permit, as well as suspension/revocation of permits; and (i) use of a single window: the issuing public authority, in cooperation with other authorities with public functions, is obliged to create, manage and maintain a single window for the purpose of issuing permits in accordance with the single window regulatory framework.

Full text
Russian/Romanian
Website
www.legis.md

References - Legislation

Implemented by

Government Resolution No. HG391/2023 On the organization and functioning of the National Inspectorate for Technical Supervision.

Legislation | Moldova, Republic of | 2023

Keyword: Survey/mapping, Risk assessment/management, Data collection/reporting, Access-to-information

Source: FAO, FAOLEX