Legge 24 marzo 1992, n.979-XII
Moldova: Law on Creeds
Law n. 979-XII of 24 march 1992 on creeds.
(Freedom of Conscience and Freedom of Creed)
The state guarantees freedom of conscience and freedom of creed in the Moldova Republic.
Everyone has the right to live, individually or jointly with others, his/her own creed, to practice the creed individually or in public, if living it is not contrary to the constitution, the present law and the legislation in force.
Proselytizing is forbidden.
(General Rights and Duties)
Nobody can be subject to compulsion to live his/her religious creed or atheism.
Religious creed or atheism, the activity in a legal recognized creed, cannot hinder anyone from obtaining and exercising civil and political rights, and cannot spare anyone the duties given from legislation.
Nobody can be forced to practice one or other religious creed, to contribute or not at the expense of another creed.
Creed intolerance, as shown by documents which hinder the free practice of a creed recognize by the state, constitutes an offence and is punishable in accordance with legislation.
The state provides alternative services for citizens which, for confessional reasons, cannot exercise the military service.
(Taxes for Singles)
For monks, monks and single priests, the tax for the single will not be instituted, under any situation.
The state guarantee religious festivities for spiritual relaxation and elevation.
(Keeping Confessions Secret)
Keeping confessions secret is protected by law.
(The Liberty to Organize and Perform a Creed)
Creeds are free to organize themselves and may function freely if the performances and the persuasions are not against the Constitution, the actual law and legislative power.
On the other hand, the creeds cannot count on legal recognition.
(The Principles to Organize Creeds)
Creeds are organized in conformity to specific standards, teachings and traditions of the ecclesiastical rules, having also the right to establish associations and foundations.
Officially recognized creeds with entities addressing of the discipline of members of their creed, have to present these regulations to the government for recognition.
Local creeds which are legally recognized can possess and maintain, individually or jointly, with other creeds, cemeteries for their faithful (members).
The establishment, maintenance and dissolution of the cemeteries is controlled according to the cemetery regulations.
REPORTS KEPT BY THE STATE AND THE CREEDS
The state can maintain relations with the traditional Orthodox Church and other recognized creeds.
The state can make cooperative deals with all recognized creeds.
(Recognition of Creeds)
In order to be organized and to function, creeds must be recognized in accordance with a governmental decision.
If the conditions of article 9, first line of this Law are not respected, recognition can be withdrawn in the same manner.
In order to recognize a creed, the government has to receive the organization and functioning regulations of the respective, creed, with information about the organization system and fundamental creed principles.
(The Legal Creed Body)
The legal creed body is the state service for creed problems and controls that legislation is respected and – as a consulting center— gives information and advice.
(Counsel of Representatives)
For better cooperation between the state and the recognized creeds in the state service for creed problems a counsel of representatives of each is constituted, having advisory functions. Activity in the counsel is free of charge.
Independent of the number of the faithful (members), each creed will have a central body representing it.
(Registry Office – Records)
The state decides about the issuing of records at the registry office. The issue of these documents has to precede the religious blessing.
The organization of political parties in conformity with the confessional criterion is forbidden.
(Associations and Foundations)
Associations and foundations with party or entirely religious purposes, according to their religious character, have the rights and are subjected to the obligations which come from the creed legislation.
(Representatives – Invitation-Delegation)
The chief of the republican and hierarchical creed, chosen according to the statute of the respective creed, but also the entire staff of the creed service have to be citizens of the Moldova Republic.
The employment of foreign citizens for religious activities, and sending citizens of the Moldova Republic in foreign countries will be done in each separate case with the permission of the state authorities.
(Properties and Interests in Foreign Countries)
Church properties which are situated in foreign countries and the religious interests of the citizens of the Moldova Republic in foreign countries are subject to international conventions.
Creeds recognized by the state are legal entities. The parts belonging to them, but also their institutions and companies established by them, become legal entities after their registration in conformity with the regulations pertaining to the registration of the different parts of the creeds, institutions and companies established by them.
(The Right to Property)
The creed’s right to property is exercised in conformity with the legislation.
Monasteries can possess or can use grounds in conformity with the legislation.
Each religious meeting house and the ground on which it is built cannot be subject to taxes – in any situation.
The mobile and immobile properties of the creeds, which pertain to the national patrimony, have to be inventoried by the state organs. The central creed organs will declare the inventoried figures to the state service for creed problems having the right to verify and control.
(Historical and Cultural Monuments)
Meeting house, art objects and other goods used by the different creeds and recognize as historical and cultural monuments will be maintained and used according to the statute of these values.
The common obligation of the state and of the creeds is to keep, maintain and use these values as defined in cooperation treaties and conventions established by them.
The deterioration, destruction or misappropriation of historical or cultural values of the possession and administration of the creeds will be sanctioned according to the legislation.
THE CREEDS ACTIVITIES
(The Principles of the Activities)
The activities of the creeds recognized by the state has to be done according to their teachings, canons and traditions in conformity with the regulation and the legislation.
(Non-Interference of the State)
The state will not interfere with the religious activity of the creeds. The economical and financial activities of the creeds are controlled by the state. The fiscal legislation controls the pertaining parts of the creeds, but also the institutions and companies established by them.
(Liberty to Religious Activities and Ceremonies)
Religious activities and ceremonies may take place freely. The state executive organ is obliged to adopt the necessary steps to facilitate the religious assistance in the military units, at the police, in jails, in hospitals, in social institutions and in other state institutions.
The state encourages and sustains social, moral, cultural and charitable activities.
(Publishing and Other Productions)
The creeds have the exclusive right to create press organs for their faithful (members), to edit religious literature and to produce cult objects for their own needs.
The incomes coming from the production and the editorial activity of the creeds are taxable according to the size established for companies, association and organization in conformity with the legislation.
The material and financial donations, all kinds of contributions of the faithful (members), and of the companies, the organizations and institutions situated in the Moldova Republic offered to the creeds are not taxable. Humanitarian aid donated by creeds from foreign countries are also exempt from the tax.
(The Performance Language)
The language used by the creeds in their meetings and activities is the mother tongue of the faithful (members) or the traditional language of the creed.
(Disobedience to the Legislation)
If representatives or employees of the creed do not live according to the legislation, it will not affect the responsibility of the entire creed.
THE MORTAL-RELIGIOUS AND THEOLOGICAL EDUCATION
(Organization and Legal Entity)
The creeds are free to organize their educational system to prepare their own staff.
Theological schools of no matter which level become legal entities after the approval of their statutes in conformity with the regulations regarding the registration of the pertaining parts of their creeds, of the institutions and of the companies established by them.
(Rights and Facilitation)
The theological students at all levels have all rights and facilitation made for students at all levels in the state educational system.
Diplomas and certificates issued by the theological schools of no matter which level are valid only for the respective creed, with exceptions of the cooperation treaties and conventions established between the state and the creeds.
(Optional and Facultative Teaching)
The moral-religious teaching in state schools at all levels is optional and facultative, with the exception of those cases determined by the cooperation treaties and conventions established between the state and the creeds.
REPRESENTATIVES AND EMPLOYEES OF THE CREEDS
Different parts of the creeds, institutions and companies established by them, can employ workers in accordance with the labor legislation.
The employment of representatives and employees of the creeds must be done according to a written contract, which explains the work conditions.
The hiring of representatives and employees of the creeds, the institutions and companies established by them, have an identical statute with the employees of the local organizations, institutions and companies in accordance to the labor legislation.
The state social assurance for the representatives and employees of the creeds, for the institutions and the companies is done according to all rules established by the employees of the local organizations, institutions and companies. In order to do this, the different parts of the creeds, institutions and companies established by them, transfer in the social fund of the Republic the means in proportion to the size established for local organizations, institutions and companies.
State pensions are established for representatives and employees of the creeds, regardless of the pensions established by the different creeds in conformity with the Law regarding the assurance with state pensions in the Moldova Republic.
Disobeying rules, sanctified by this Law and exercised in the limits established by this, is legally punishable.
All creeds are obliged to present an approved regulation in accordance with the provisions of the present Law in the period of three months from its coming into force.
(Statute Modification and Completion)
The future modification and completion of the creeds statutes will be carried out according to the procedures established for their approval.