Chapter 1. General Provisions
Article 1. Basic Notions, Used in Present Law
In present Law the following basic notions are used:
a) diplomatic service of the Pridnestrovian Moldavian Republic (hereinafter referred to as diplomatic service) – the part of government service, professional activity of state employees of the Pridnestrovian Moldavian Republic in the system of Ministry of Foreign Affairs of the Pridnestrovian Moldavian Republic on provision of its' powers as an executive body of state power, conducting state policy, managing the sphere of relations of the Pridnestrovian Moldavian Republic with foreign states and international organizations and coordinating the activity of other executive bodies of state power in this sphere; and other persons in compliance with present Law;
b) consular service of the Pridnestrovian Moldavian Republic – part of diplomatic service, directed on provision of protection of rights and interests of the state, citizens and legal persons of the Pridnestrovian Moldavian Republic in compliance with international law and Consular Regulations of the Pridnestrovian Moldavian Republic, and promoting the development of friendly relations of the Pridnestrovian Moldavian Republic with other states, broadening of economical, trade, scientific and technical, humanitarian and cultural connections and tourism;
c) diplomatic, official representative office – body of foreign relations of the Pridnestrovian Moldavian Republic, located on the territory of foreign state;
d) representative office under international organization – body of foreign relations, representing the Pridnestrovian Moldavian Republic in present international organization and entrusted on its' behalf by corresponding powers;
e) consular office (consulate general, consulate, vice-consulate and consular agency, consular department of diplomatic, official representative office) – institution of the Pridnestrovian Moldavian Republic on the territory of foreign state, protecting the interests of the Pridnestrovian Moldavian Republic, its' citizens and legal persons in compliance with international law and Consular Regulations of the Pridnestrovian Moldavian Republic;
f) head of diplomatic, official representative office of the Pridnestrovian Moldavian Republic – public officer in the system of state service of the Pridnestrovian Moldavian Republic, accredited in present quality in state of residence;
g) head of consular institution – public officer in the system of diplomatic service of the Pridnestrovian Moldavian Republic, performing in foreign state protection of the interests of the Pridnestrovian Moldavian Republic, its' citizens and legal persons in compliance with international law and Consular Regulations of the Pridnestrovian Moldavian Republic;
h) diplomatic rank – special state rank, given by authorized public officer to diplomatic service officers;
i) diplomatic service agents – state officers, holding diplomatic posts in bodies of diplomatic service;
j) diplomatic service employees– employees, holding established administrative and technical posts in bodies of diplomatic service;
k) diplomatic service personnel – diplomatic service officers and employees;
l) rotation – official reshuffles of diplomatic service personnel between Ministry of Foreign Affairs of the Pridnestrovian Moldavian Republic (hereinafter referred to as Ministry of Foreign Affairs) and foreign institutions, also between organization departments of Ministry of Foreign Affairs;
m) foreign institutions – diplomatic, official representative offices, consular institutions of the Pridnestrovian Moldavian Republic abroad, also representative offices of the Pridnestrovian Moldavian Republic under international organizations.
Article 2. Legal Basis of Diplomatic Service
1. Legislation of the Pridnestrovian Moldavian Republic on diplomatic service is based on the Constitution of the Pridnestrovian Moldavian Republic, universally recognized principles and rules of international law and consists of the present Law, legislation of the Pridnestrovian Moldavian Republic on government service to the extent not regulated by the present Law, other standard legal acts, international treaties of the Pridnestrovian Moldavian Republic.
2. International treaty, establishing rights, different from stipulated by the present Law, may be ratified or endorsed by Supreme Soviet of the Pridnestrovian Moldavian Republic simultaneously or after adoption of corresponding amendments to the present Law.
Article 3. Status of Bodies of Diplomatic Service
Bodies of diplomatic service are bodies of state power, executing foreign policy activity of the Pridnestrovian Moldavian Republic.
Article 4. Common System of Bodies of Diplomatic Service
Common system of bodies of diplomatic service is formed by Ministry of Foreign Affairs of the Pridnestrovian Moldavian Republic, diplomatic, official representative offices, consular institutions of the Pridnestrovian Moldavian Republic, representative offices under international (interstate, intergovernmental, non-governmental) organizations, dependent on Ministry of Foreign Affairs (hereinafter referred to as foreign institutions of the Pridnestrovian Moldavian Republic).
Common system of diplomatic service is headed by Ministry of Foreign Affairs.
Article 5. Tasks of Bodies of Diplomatic Service
Bodies of diplomatic service are entrusted with the following tasks:
a) development of the concept and basic directions of foreign policy of the Pridnestrovian Moldavian Republic and submission of corresponding proposals to the President of the Pridnestrovian Moldavian Republic; realization of foreign policy course of the Pridnestrovian Moldavian Republic, promotion of the execution of foreign economic policy of the Pridnestrovian Moldavian Republic;
b) development for the President of the Pridnestrovian Moldavian Republic of the proposals on foreign policy and foreign economic strategy of the Pridnestrovian Moldavian Republic and realization of international initiatives of the President; provision of necessary conditions for execution of common foreign policy management of the Pridnestrovian Moldavian Republic by the President of the Pridnestrovian Moldavian Republic and taking measures on guarding of sovereignty and independence of the Pridnestrovian Moldavian Republic in accordance with procedure, established by the Constitution of the Pridnestrovian Moldavian Republic;
c) development of common strategy of foreign policy of the Pridnestrovian Moldavian Republic and submission of corresponding proposals to the President of the Pridnestrovian Moldavian Republic;
d) provision of diplomatic means and methods of the protection of sovereignty, security, territorial integrity and inviolability of borders of the Pridnestrovian Moldavian Republic, its' political, trade and economical and other interests in mutual relations with other states on international arena;
e) protection of rights and interests of citizens and legal persons of the Pridnestrovian Moldavian Republic abroad, provision of concerted functioning and interaction of the President of the Pridnestrovian Moldavian Republic with bodies of state power on execution of foreign policy course of the Pridnestrovian Moldavian Republic;
f) execution of diplomatic and consular relations of the Pridnestrovian Moldavian Republic with foreign states, international organizations;
g) coordination of activity and control of functioning of executive bodies of state power in order to conduct common political line of the Pridnestrovian Moldavian Republic in relations with foreign states and international organizations;
h) analysis of political, economical and social position of the world, of foreign and domestic policy of foreign states, of activity of international organizations and provision of central bodies of state power with necessary information; i) execution of other tasks in compliance with Constitution and normative legal acts of the Pridnestrovian Moldavian Republic
Article 6. Basic Functions of Bodies of Diplomatic Service Bodies of Diplomatic Service shall be entrusted to perform the following functions:
a) representation of the Pridnestrovian Moldavian Republic in relations with foreign states and international organizations;
b) development and submission to the President of the Pridnestrovian Moldavian Republic in accordance with the established procedure of the proposals on issues concerning relations between the Pridnestrovian Moldavian Republic, foreign states and international organizations on the basis of analysis of information of the whole complex of bilateral and multilateral relations;
c) organization of negotiation, development of projects of international treaties of the Pridnestrovian Moldavian Republic, preparation of proposals on conclusion, execution, termination and suspending of international treaties;
d) preparation of proposals on improvement of the legislation of the Pridnestrovian Moldavian Republic in the sphere of international relations, adjustment of the legislation of the Pridnestrovian Moldavian Republic in accordance with its' international and legal obligations and control of execution of international treaties of the Pridnestrovian Moldavian Republic;
e) submission in accordance with the established procedure to the President, Supreme Soviet of the Pridnestrovian Moldavian Republic of proposals and recommendations on the issues, connected with relations of the Pridnestrovian Moldavian Republic with foreign states and international organizations; participation in preparation of projects of normative and legal acts on the issues, connected with foreign policy of the Pridnestrovian Moldavian Republic;
f) participation in provision of development of politics and events on broadening of trade, economical and financial connections, scientific and technical, cultural and other interchanges with foreign states and international organizations; g) collection and processing of the information, preparation of informational and analytical certificates, codes, surveys, reports, which concern social and political, social and economical situation abroad, submission of these documents for consideration of the President of the Pridnestrovian Moldavian Republic;
h) provision of participation of the Pridnestrovian Moldavian Republic in activity of different international and regional organizations, conferences, forums;
i) provision of necessary conditions for functioning of integrated system of bodies of diplomatic service, submission in accordance with the established procedure proposals on organizational financial and other issues, connected with its' activity, to the President of the Pridnestrovian Moldavian Republic;
j) provision of information on foreign policy activity of the Pridnestrovian Moldavian Republic to bodies of state power of the Pridnestrovian Moldavian Republic and mass media within the limits of their competence;
k) protocol and organizational provision of domestic and international events, carried out in the Pridnestrovian Moldavian Republic:
l) development and submission in accordance with the established procedure proposals on provision of concerted interaction of bodies of state power in the sphere of foreign policy of the Pridnestrovian Moldavian Republic to the President of the Pridnestrovian Moldavian Republic;
m) supervision over observance of diplomatic and consular privileges and immunities;
n) interaction with Supreme Soviet of the Pridnestrovian Moldavian Republic, its' working bodies on the issues of their activity;
o) execution on the territory of the Pridnestrovian Moldavian Republic and abroad of consular functions, stipulated by international legal standards and acting legislation of the Pridnestrovian Moldavian Republic;
p) promotion of development of connections and contacts with compatriots, living abroad;
q) provision of functioning of integrated state system of registration, record keeping and storage of international treaties and agreements, in which the Pridnestrovian Moldavian Republic participated;
r) provision of execution of diplomatic and courier connections;
s) organization of fulfillment of consular services on the territory of the Pridnestrovian Moldavian Republic and abroad;
t) promotion of dissemination abroad of the information, concerning foreign and domestic policy of the Pridnestrovian Moldavian Republic, social and economical, cultural and spiritual life of the country;
u) execution of function of depositary for international treaties concluded by the Pridnestrovian Moldavian Republic;
v) interaction on issues concerning their competence with bodies of state power of the Pridnestrovian Moldavian Republic and other organizations;
w) execution of coordination of activity of executive bodies of state power of the Pridnestrovian Moldavian Republic in the sphere of foreign relations in compliance with foreign policy course of the Pridnestrovian Moldavian Republic;
x) organization of reception of official delegations, expert groups;
y) promotion of advancement of sales of Pridnestrovien goods and service in international market;
z) execution of other functions, stipulated by acting legislation of the Pridnestrovian Moldavian Republic.Article 7. Communication, archives, security and printed matter
1.Organs of diplomatic service use their own, including local, communication network, courier communication and governmental communication systems, governmental informational bases, systems and networks for the transmission of information. 2.Bodies of diplomatic service provide permanent storage of originals (attested copies, official translations) of international treaties and agreements of the Pridnestrovian Moldavian Republic, record keeping and usage of the documents which are stored permanently.
3.Originals and (or) authentic copies of international treaties and other materials, necessary for performing of activity of Ministry of Foreign Affairs, are stored in the archive of Ministry of Foreign Affairs. Statute on the archive of Ministry of Foreign Affairs is approved by the President of the Pridnestrovian Moldavian Republic. Bodies of diplomatic service have the right to publish printed matters in compliance with acting legislation of the Pridnestrovian Moldavian Republic.
4.Bodies of diplomatic service organize system of security for the objects, belonging to them on the territory of the Pridnestrovian Moldavian Republic and abroad.
Chapter 2. Diplomatic Service Cadre, Appointments to Diplomatic Posts
Article 8. Diplomatic Service Personnel
1.Diplomatic service cadre are formed by agents, appointed to established diplomatic and consular posts in organs of diplomatic service. Persons providing functioning of bodies of diplomatic service and their apparats and providing technical service do not belong to diplomatic service agents. Legal position of mentioned persons is regulated by acting legislation of the Pridnestrovian Moldavian Republic.
2.Enumeration of diplomatic and consular posts is established by the President of the Pridnestrovian Moldavian Republic.
3.Diplomatic service personnel is enlisted into personnel reserve of Ministry of Foreign Affairs while being transferred from bodies of diplomatic service to other bodies of state power of the Pridnestrovian Moldavian Republic. Statute on personnel reserve of Ministry of Foreign Affairs is approved by the President of the Pridnestrovian Moldavian Republic.
Article 9. Appointment to Diplomatic Posts
1.Citizens of the Pridnestrovian Moldavian Republic, who received field-oriented or equivalent for Ministry of Foreign Affairs higher education and possess special knowledge, necessary for working in the sphere of diplomatic service.
2.Minister of Foreign Affairs of the Pridnestrovian Moldavian Republic is appointed to the post and released from duties by the President of the Pridnestrovian Moldavian Republic.
Heads of diplomatic, official representative offices of the Pridnestrovian Moldavian Republic, consular institutions of the Pridnestrovian Moldavian Republic, permanent representatives of the Pridnestrovian Moldavian Republic under international organizations are appointed to the posts and releases from duties by the President of the Pridnestrovian Moldavian Republic on presentation of Minister of Foreign Affairs of the Pridnestrovian Moldavian Republic.
Deputy Ministers of Foreign Affairs of the Pridnestrovian Moldavian Republic are appointed to the posts and released from duties by the President of the Pridnestrovian Moldavian Republic on presentation of Minister of Foreign Affairs of the Pridnestrovian Moldavian Republic. Appointments and to the other posts and releases from other duties of the diplomatic service are made by Minister of Foreign Affairs.
3.Assumption of a service in bodies of diplomatic service is made after obligatory special inspection of the citizens of the Pridnestrovian Moldavian Republic.
4.Diplomatic service agent, who returns to the Pridnestrovian Moldavian Republic after fulfilling his duties abroad, is appointed to the post, which is not lower, than that post, he occupied in Ministry of Foreign Affairs before, if he did not incur the penalties, stipulated by Article 23 of the present Law.
5.Evalution period under three month is fixed for the persons, entering the service in bodies of diplomatic service for the first time.
Order and conditions of passing of evaluation period is defined in compliance with acting legislation of the Pridnestrovian Moldavian Republic.
Chapter 3. Diplomatic Ranks.
Article 10. Diplomatic Ranks
Diplomatic service agents according to their posts and qualifications are given the following diplomatic ranks:
a) attaché;
b) third secretary;
c) second secretary of second class;
d) second secretary of first class;
e) first secretary of second class;
f) first secretary of first class;
g) adviser of the second class;
h) adviser of the first class;
i) Extraordinary and Plenipotentiary Envoy of the second class;
j) Extraordinary and Plenipotentiary Envoy of the first class;
k) Ambassador Extraordinary and Plenipotentiary.
Article 11. Order of Conferment of Diplomatic Ranks
1.Diplomatic Ranks of Ambassador Extraordinary and Plenipotentiary, Extraordinary and Plenipotentiary Envoy of the first class and Extraordinary and Plenipotentiary Envoy of the second class are conferred by the President of the Pridnestrovian Moldavian Republic on presentation of Minister of Foreign Affairs of the Pridnestrovian Moldavian Republic.
Other diplomatic ranks are conferred by Minister of Foreign Affairs of the Pridnestrovian Moldavian Republic in order, established by Ministry of Foreign Affairs.
Order of conferment of diplomatic ranks is established by a Statute, approved by the President of the Pridnestrovian Moldavian Republic.
2.Diplomatic rang of the agent, as a rule, shall correspond the current post of diplomatic service or be one position lower or higher than current post.
3.Conferment of diplomatic ranks is confirmed by corresponding certificate and record, made in employment sheet (work record card). Diplomatic ranks are conferred and preserved for life with the exception of cases, stipulated by Article 13 of the present Law.
Article 12. Terms of Continuance in Office According to Diplomatic Ranks
1.For diplomatic service agents the following terms of continuance in office according to diplomatic ranks are established:
a) for diplomatic ranks of attaché, third secretary, second secretary of second and first classes – 2 (two) years;
b) for diplomatic ranks of first secretary of second and first classes, adviser of the second class – 3 (three) years;
For diplomatic ranks, stipulated by sub-Items h) – k) of Article 10 of the present Law are not established.
2) Terms of continuance in office in diplomatic ranks for diplomatic service employees include:
a) activity in Ministry of Foreign Affairs and its' lower organizations;
b) activity in foreign institutions;
c) activity in representative offices of Ministry of Foreign Affairs on the territory of the Pridnestrovian Moldavian Republic;
d) activity in Ministries of Foreign Affairs of former USSR and of union republics;
e) activity in international organizations;
f) scientific or teaching activity in institutions of higher education on corresponding specialization;
g) advanced training on the line of Ministry of Foreign Affairs in educational and scientific institutions;
h) studying of temporary directed by Minister of Foreign Affairs in institutions of higher education, scientific institutions, post graduate education and doctorate.
Article 13. Anticipatory or extraordinary conferment, decrease, deprive and restoration of diplomatic rank 1. In individual cases, if diplomatic service agents have obtained significant achievements or outstanding services, they may be given a higher rank before the completion of established terms (anticipatory conferment of the rank) or without perseverance of priority of ranks (conferment of the priority rank).
2. In case of committing by diplomatic service agents and persons, who left their posts in Ministry of Foreign Affairs, the deeds entailing liability, stipulated by legislative acts of the Pridnestrovian Moldavian Republic and the country of residence, they may be decreased or deprived of diplomatic rank.
In case of discharge from the system of bodies of diplomatic service for violation of state and labor discipline, diplomatic service agent in simultaneously deprived of diplomatic rank.
Deprivation of diplomatic rank or decrease of diplomatic rank of diplomatic service agent is made according to the same order as conferment of the rank.
Restoration of former diplomatic rank of diplomatic service agent is made after passing qualifying evaluation.
Chapter 4. Employment in Diplomatic Service
Article 14. Shift of Job Positions. Holding Positions within Organs of Diplomatic Service
1. Shift of job positions of the diplomatic service personnel shall be carried out in accordance with service necessity, with account of qualification, professional training, and principles of rotation and specialization of personnel.
Occupation of vacant positions in organs of diplomatic service shall be carried out in accordance with current legislation of the Pridnestrovian Moldavian Republic.
2. In the period of work in a mission abroad, a diplomatic agent may be promoted no more than once, except for the cases when the term of his stay abroad is extended due to service necessity.
Article 15. Rotation
1. Rotation of staff members within organs of diplomatic service shall take place in the Ministry of Foreign Affairs and offices abroad.
Procedure for rotation shall be established by orders of the Minister of Foreign Affairs of the Pridnestrovian Moldavian Republic.
Within rotation, diplomatic service personnel with account of its professional training and specialization shall be sent for a job in organs of diplomatic service abroad, or shall carry out his activities in structural subdivisions of the Ministry of Foreign Affairs.
2. Rotation of diplomatic service personnel shall be sub-divided in the following types: a) external (shift from the Ministry of Foreign Affairs to foreign offices, representations, and from foreign offices to the Ministry of Foreign Affairs); b) internal (shifts between structural subdivisions of the Ministry of Foreign Affairs).
3. The period of work of the diplomatic service personnel in structural subdivisions of the Ministry of Foreign Affairs in the period between work in foreign offices shall be no less than 2 (two) years.
4. Period of continuous work of diplomatic agents in foreign offices shall not exceed 3 (three) years. This period can be extended by the Minister of Foreign Affairs in view of service necessity and upon consent of the employee of the diplomatic service, but for no longer than 1 (one) year.
5. Refusal to go for a job in a foreign office without reasonable excuses shall be a disciplinary case, and may serve as a ground for imposing disciplinary sanction.
List of excuses acknowledged as reasonable for refusal from a job in a foreign office shall be established by the Minister of Foreign Affairs of the Pridnestrovian Moldavian Republic.
6. Effect of items 3, 4 of the present Article shall not be applied to persons sent for a job in the capacity of heads of foreign offices, their deputies, minister counselors, deputies of permanent representatives of the Pridnestrovian Moldavian Republic to international organizations, as well as to the diplomatic service personnel speaking rare foreign languages.
7. When assigning for a job in organs of diplomatic service abroad, diplomatic service personnel shall be paid a one-time allowance in the amount determined by current legislation of the Pridnestrovian Moldavian Republic.
Article 16. Restriction of Joint Service of Relatives
Close relatives working in direct on-duty subordination in relation to each other shall not be allowed in diplomatic service bodies.
Article 17. Appraisal of Diplomatic Agents
To determine the level of suitability of professional training of a diplomatic employee to the occupied governmental position, a performance appraisal shall be conducted. Procedure for and terms of carrying out appraisal shall be established by legislation of the Pridnestrovian Moldavian Republic.
Article 18. Sending to Institutions of Higher Education and Scientific Establishments
1. Diplomatic agents, by their consent, can be temporarily sent to institutions of higher education and scientific establishments of the Pridnestrovian Moldavian Republic or other countries for professional training and traineeship, scientific elaboration of topical international problems. In this case they shall be enlisted into personnel reserve of the Ministry of Foreign Affairs.
2. Upon completion of traineeship or academic trip, diplomatic agent shall be appointed to the diplomatic position not lower than the one he/she occupied prior to enrollment into personnel reserve of the Ministry of Foreign Affairs.
Article 19. Termination of Labor Relations of the Diplomatic Service Personnel
1. Grounds for termination of diplomatic service shall be:
a) submission by agent or employee of the diplomatic service of a resignation notice;
b) expiration of labor contract or dissolution of labor contract on the grounds envisaged by current legislation of the Pridnestrovian Moldavian Republic;
c) presentation by agent or employee of the diplomatic service of knowingly false information regarding his/her income and belongings;
d) loss of citizenship of the Pridnestrovian Moldavian Republic;
e) failure to comply with duties and restrictions established by the present Law and other normative legal acts of the Pridnestrovian Moldavian Republic;
f) negative results of appraisal;
g) other grounds provided for by current legislation of the Pridnestrovian Moldavian Republic.
2. Dismissal of diplomatic agents shall be carried out by an appropriate official authorized to appoint to a post.
Diplomatic agents when leaving diplomatic service bodies at their own request shall be enlisted in personnel reserve of the Ministry of Foreign Affairs.
Chapter 5. Rights, Duties and Liability of the Diplomatic Service Personnel
Article 20. Rights and Duties of the Diplomatic Service Personnel
1. In exercising their professional functions, diplomatic service personnel shall be entitled to:
a) put forward proposals on improvement of activity of diplomatic service bodies;
b) make use of the privileges and immunities established in accordance with the norms of international law during their stay abroad;
c) make use of other rights and freedoms guaranteed to the citizens of the Pridnestrovian Moldavian Republic by the Constitution and legislative acts of the Pridnestrovian Moldavian Republic.
Diplomatic agents are also entitled to make proposals on issues of state foreign policy, improvement of legislation of the Pridnestrovian Moldavian Republic in the field of international relations, and bringing it into compliance with international-legal commitments of the Pridnestrovian Moldavian Republic.
2. Diplomatic service personnel shall be obliged:
a) to faithfully fulfill duties connected with carrying out diplomatic service;
b) to respect legislation, traditions and customs of a host state;
c) not to disclose information constituting State, service or other legally protected secrets after termination of the diplomatic service;
d) to advance in its profession, qualification, general political training, improve knowledge of official languages of the Pridnestrovian Moldavian Republic and foreign languages;
e) fulfill other obligations set by legislative acts of the Pridnestrovian Moldavian Republic.
Article 21. Restrictions Connected with Employment in Diplomatic Service Bodies
Diplomatic service personnel is subject to restrictions envisaged by legislative acts of the Pridnestrovian Moldavian Republic, as well as international treaties of the Pridnestrovian Moldavian Republic.
Normative legal acts of the Pridnestrovian Moldavian Republic and labor agreements (contracts) may establish additional restrictions for the diplomatic service personnel in the period of their work beyond the Pridnestrovian Moldavian Republic connected with peculiarities of legislation and customs of a host state and envisaged by the norms of international law.
Article 22. Incentives of the Diplomatic Service Personnel
1. For a successful and faithful performance of service duties, high quality of tasks carried out, initiative, creative activity, continuous and immaculate service, fulfillment of tasks of special importance and complexity, and other achievements in work, the following incentives shall be applied to diplomatic agents:
a) early (extraordinary) conferment of a diplomatic rank;
b) decoration with orders and medals of the Pridnestrovian Moldavian Republic;
c) award with a valuable present;
d) expression of gratitude;
e) other forms of incentives envisaged by current legislation of the Pridnestrovian Moldavian Republic.
2. Incentives shall be reflected in personal history and labor book of a diplomatic agent.
Article 23. Liability of the Diplomatic Service Personnel
1. Diplomatic agents, in case of non-fulfillment or improper execution of obligations imposed on them, shall bear responsibility in accordance with current legislation of the Pridnestrovian Moldavian Republic.
2. The following disciplinary penalties shall be applied to diplomatic agents:
a) admonition;
b) reprimand;
c) severe reprimand;
d) delay in conferment of a diplomatic rank up to 1 (one) year;
e) demotion or reduction in a diplomatic rank;
f) deprivation of a diplomatic rank;
g) warning about incomplete adequacy;
h) dismissal.
3. Imposition of disciplinary penalty on diplomatic agents shall be carried out in accordance with current legislation of the Pridnestrovian Moldavian Republic.
Article 24. Recall of the Diplomatic Service Personnel
1. Diplomatic service personnel working in missions abroad, in case of commitment of gross violations of service duties, as well as actions entailing liability, established by legislative acts of the Pridnestrovian Moldavian Republic or a host state, apart from application of measures of disciplinary effect shall be prematurely recalled to the Pridnestrovian Moldavian Republic.
2. Grounds for premature recall of the diplomatic service personnel shall be commitment of the same deeds by heir family members.
Chapter 6. Provision of Diplomatic Service, Guarantees and Compensations,
Material and Social Support of the Diplomatic Service Personnel
Article 25. Financial and Material-Economic Support of the Diplomatic Service
1. Financial support of the diplomatic service and its bodies shall be funded from the Republican Budget.
2. Contingency expenses produced by bodies of the diplomatic service when carrying out consular operations shall be reimbursed in the order established by the Consular Charter approved by the President of the Pridnestrovian Moldavian Republic.
3. Bodies of the diplomatic service shall be provided with transport, office premises, communication facilities and other necessary property.
4. Order of possession, use and disposal of real and other property by organs of diplomatic service on the territory of the Pridnestrovian Moldavian Republic and abroad shall be established in accordance with legislative acts of the Pridnestrovian Moldavian Republic.
5. Order of financing of the diplomatic service shall be determined annually as a separate line of the Republican Budget when adopting the Law on Budget for the next fiscal year.
Article 26. Guarantees and Compensations for the Diplomatic Service Personnel
1. Material and social support for diplomatic agents and members of their families shall be granted given the complexity of service, risk associated with it, as well as specific features of a foreign state.
Staying abroad should not entail any damage to a diplomatic agent and members of his/her family.
Duties on protection and rendering of assistance to diplomatic agents and members of their families who are abroad shall be performed by a head of a mission abroad. In case of a disease, death of a member or employee of the diplomatic service or members of his/her family, a child birth in the family while working abroad, a member or employee of the diplomatic service and (or) members of his/her family shall be entitled to allowance in the amount determined by current legislation of the Pridnestrovian Moldavian Republic.
2. Diplomatic agents and members of their families shall be provided with guaranteed amount of medical assistance funded from the Republican Budget.
3. Diplomatic agents working in missions abroad and members of their families living together with them shall be entitled to payment of a round trip transportation costs connected with granting an annually paid leave or a death of one of the members of their families.
4. Diplomatic agents shall be provided with accommodation abroad taking into account a number of the members of their families living together with them, employment status, local situation and norms approved by the President of the Pridnestrovian Moldavian Republic.
5. Secondary general education of children of diplomatic agents in the period of their work abroad should be paid from the Republican Budget.
6. In the presence of administrative and technical vacancies in missions abroad, members of the families of diplomatic agents who are abroad can be granted the right for temporary employment for these positions.
7. In case of armed or civil conflicts, or in cases of threat to security of missions abroad and their staff, as well as in cases of emergencies in locations of missions abroad, the Ministry of Foreign Affairs shall undertake all necessary measures to ensure safety and security of the diplomatic service personnel and members of their families.
Damage caused to a member or employee of the diplomatic service or members of his/her family during a stay abroad when performing his/her official duties or activity connected with them, shall be reimbursed in the order established by current legislation of the Pridnestrovian Moldavian Republic.
8. In case of death of a member or employee of the diplomatic service while on duty abroad, or during 1 (one) year after dismissal from service because of injury received while on duty abroad, members of the family of a deceased member or employee of the diplomatic service shall be paid a lump-sum compensation in the amount of his/her sixty-month allowance calculated from official salary of the last position held at the Ministry of Foreign Affairs.
9. In case of death of a member or employee of the diplomatic service while on duty abroad, the family of the deceased shall have the right to receive accommodation from the state housing fund on the conditions and in order established by current legislation of the Pridnestrovian Moldavian Republic.
10. When stating disability of a member or employee of the diplomatic service resulting from trauma, wound (concussion), injury, or illness received while on duty abroad, he/she shall be paid lump-sum compensation in the amount calculated from official salary of the last position held at the Ministry of Foreign Affairs:
a) disabled person of group I – of thirty-month allowance;
b) disabled person of group II – of eighteen-month allowance;
c) disabled person of group III – of six-month allowance.
11. In case a member or employee of the diplomatic service while on duty abroad receives a grievous injury (trauma, wound, concussion) not entailing disability, he/she shall be paid lump-sum compensation in the amount of a three-month allowance, in case of light injury – in the amount of a monthly allowance calculated from official salary of the last position held at the Ministry of Foreign Affairs.
12. The indicated sum shall not be paid if it is proved in the established order that loss (death), trauma, wound (injury), or illness of a member or employee of the diplomatic service came as a result of circumstances not connected with performance of official duties.
Article 27. Reimbursement of Funeral Expenses
1. For the funeral of a member or employee of the diplomatic service deceased (killed) abroad, members of his/her family shall be paid a lump-sum grant in the amount of a three-month allowance calculated from official salary of the last position held at the Ministry of Foreign Affairs.
2. Delivery of the body of a deceased (killed) member or employee of the diplomatic service to the Pridnestrovian Moldavian Republic and expenses connected with it shall be funded from the Republican budget.
Article 28. Regulation of Labor Relations of the Diplomatic Service Personnel
Labor relations of the diplomatic service personnel shall be regulated by the present Law and other normative legal acts of the Pridnestrovian Moldavian Republic.
In missions abroad combination of positions or performance of duties of temporarily absent members or employees shall be permitted.
Labor terms of diplomatic service personnel abroad shall be determined by current legislation of the Pridnestrovian Moldavian Republic.
Article 29. Remuneration of Labor of the Diplomatic Service Personnel
Remuneration of labor of the diplomatic service personnel on the territory of the Pridnestrovian Moldavian Republic shall be carried out on the basis of common terms of labor remuneration of workers of the budget sphere established by relevant legislative act of the Pridnestrovian Moldavian Republic.
Remuneration of labor of the diplomatic service personnel abroad shall be determined with account of political, socio-economic and material-household conditions in a host state in the procedure established by the President of the Pridnestrovian Moldavian Republic.
Article 30. Payments to the Diplomatic Service Personnel
Diplomatic agents shall be entitled to receive payments for a diplomatic rank, knowledge of foreign languages, and work with information constituting State secrets, as well as annual monetary compensation of the cost of a representative outfit in the amount established by current legislation of the Pridnestrovian Moldavian Republic.
Regulation on a representative outfit of diplomatic agents shall be approved by the President of the Pridnestrovian Moldavian Republic.
Article 31. Annually Paid Leave
1. Diplomatic service personnel shall be granted annually paid leave duration of which shall be established by the President of the Pridnestrovian Moldavian Republic.
2. Member or employee of the diplomatic service working in a mission abroad when taking the next annual vacation shall be paid allowance for health improvement at double rate of the amount of official salary of the last position held at the Ministry of Foreign Affairs.
Article 32. State Pension Provision and Social Protection of the Diplomatic Service Personnel
Pension provision and social protection of the diplomatic service personnel shall be carried out in accordance with current legislation of the Pridnestrovian Moldavian Republic.
Article 33. Medical Insurance
1. Members and employees of the diplomatic service working in missions abroad and members of their families shall be subject to medical insurance at the expense of the Republican Budget.
2. Order of insurance shall be determined by current legislation of the Pridnestrovian Moldavian Republic.
Chapter 7. Final Provisions
Article 34. On Entry into Force of the Present Law
The present Law shall enter into force as of the day of its official publication, except for the norms of the present Law providing for financing from the Republican Budget with the condition of marking in a separate line, which come into force on January 1, 2005.
PRESIDENT OF PMR I. SMIRNOV
Tiraspol
August 9, 2004
N 464-З-III
