U.S. English Foundation Research

MOLDOVA

Legislation

(Adopted on September 1, 1989)

Confirmaton by the Constitution (Basic Law) of the Moldavian Soviet Socialist Republic of the status of the Moldavian language as a state language shall be aimed to promote the full sovereignty of the Republic and to create necessary guarantees for its comprehensive and overall application in all spheres of political, economic, social and cultural life. The Moldavian SSR shall encourage Moldavians residing outside the territory of the Republic, and taking into account the reality of the Moldavian-Romanian language identity, and also Romanians residing on the USSR territory to get education and meet their cultural needs on their native language.

Granting the status of the state language to the Moldavian language, the Moldavian SSR shall ensure the protection of constitutional rights and freedoms of citizens of any ethnicity residing on the territory of the Moldavian SSR irrespective of a language used under the conditions of equality of all citizens before the Law.

For the purpose of state protection and development of the Gagauz language the

Moldavian SSR shall create necessary guarantees for the successive expansion of its social functions.

The Moldavian SSR shall ensure on its territory the conditions for the use and development of the Russian language as a language of inter ethnic communication in the USSR, as well as languages of people of other nationalities residing in the Republic.

CHAPTER 1. GENERAL PROVISIONS

Article 1

In accordance with the Constitution (Basic Law) of the Moldavian SSR the Moldavian language shall be a state language of the Moldavian SSR and shall be applied on the basis of Latin script. The Moldavian language as a state language shall be applied in all spheres of political, economic, social and cultural life, and shall function therefore as a language of inter ethnic communication on the territory of the Republic.

The Moldavian SSR shall guarantee free teaching of the state language to all residents of the Republic at the level necessary to perform professional functions.

Article 2

The state, Gagauz or Russian languages shall be the languages

of official communication in the public life at places of residence of the majority of the population of the Gagauz nationality.

Article 3

The Russian language as a language of inter ethnic communication in the USSR shall be applied on the territory of the Republic along with the Moldavian language as a language of inter ethnic communication; it ensures the real national-Russian and Russian-national bilingualism.

Article 4

The Moldavian SSR shall guarantee the usage of Ukrainian, Russian, Bulgarian, Hebrew, Yiddish, Gipsy languages and languages of other ethnic groups residing on the territory of the Republic to meet their national and cultural needs.

Article 5

The present Law shall not regulate the usage of languages in private relations, professional activity of the railway and air transport (with the exception of servicing passengers), as well as in military units and institutions within the jurisdiction of the USSR Ministry of Defence, in military units of the USSR KGB and the USSR Ministry of Interior.

CHAPTER II.

RIGHTS AND GUARANTEES FOR A CITIZEN TO CHOOSE A LANGUAGE

Article 6

In relations with the bodies of the state authority, state administration and public organizations, as well as with enterprises, institutions and organizations located on the territory of the Moldavian SSR the language for oral and written communication - Moldavian or Russian - shall be chosen by a citizen. In localities inhabited by people of Gagauz nationality a right of a citizen to use in these relations the Gagauz language as well, shall be guaranteed.

In localities where the majority of the population are of Ukrainian, Russian, Bulgarian or other ethnicity, the native or other acceptable language shall be used for communication.

Article 7

For the high level administrative officials, for the officials of bodies of state authority, state administration and public organizations, as well as for officials of enterprises, institutions and organizations, who due to their professional duty communicate with citizens (public health, public education, culture, mass media, transportation, communications, trade, service sphere, housing and communal services, organs providing for the law and order, emergency and rescue services, etc.), irrespective of ethnic belonging, for the purpose of assurance of a citizen's right to choose a language, the requirements with respect to the knowledge of the Moldavian, the Russian and, in localities inhabited by people of the Gagauz nationality, the Gagauz languages at the communication level sufficient to perform professional duties shall be established. The volume and level of the knowledge of languages shall be defined under the procedure established by the Council of Ministers of the Moldavian Republic in accordance with the legislation in force.

Article 8

At the congresses, sessions, plenary sessions, conferences, meetings, rallies and other actions organized in the Moldavian SSR the choice of a language by their participants shall not be limited.

CHAPTER III.

LANGUAGES IN BODIES OF STATE AUTHORITY, STATE ADMINISTRATION AND PUBLIC ORGANIZATIONS, IN ENTERPRISES, INSTITUTIONS AND ORGANIZATIONS

Article 9

The working language in bodies of state authority, state administration and public organizations shall be the state language introduced stage by stage. Translation or interpretation into Russian shall be provided.

The language for office work in bodies of the state authority, state administration and public organizations shall be the state language. If necessary, the documents shall be translated into Russian.

In localities inhabited by people of the Gagauz nationality the working language and the language for office work in bodies of state authority, state administration and public organizations shall be the state, Gagauz or Russian languages.

The language for meetings and office work in the bodies of state authority, state administration and public organizations in localities where the majority of the population are of Ukrainian, Russian, Bulgarian or other ethnicity shall be the state, native or other acceptable language.

Article 10

The acts of the bodies of the state authority, state administration and public organizations shall be drawn up and submitted in the state language with the subsequent translation into the Russian language, in localities inhabited by people of the Gagauz nationality - in the state language, Gagauz or Russian language with the subsequent translation.

The acts of the local bodies of state authority, state administration and public organizations in the territories where the majority of population is of Ukrainian, Russian, Bulgarian or other ethnicity, can be submitted in the native or other acceptable language with the subsequent translation into the state language.

Article 11

In the written communication of the bodies of the state authority, state administration and public organizations to a citizen, the Moldavian or Russian language shall be used, in localities inhabited by people of the Gagauz nationality - the Moldavian, Gagauz or Russian language. Upon issuance of documents the Moldavian or Russian language, or the Moldavian and Russian languages shall be used upon a citizen's choice, in localities inhabited by people of the Gagauz nationality - the Moldavian, Gagauz or Russian language, or the Moldavian, Gagauz and Russian languages.

The bodies of the state authority, state administration and public organizations, enterprises, institutions and organizations shall accept and consider documents submitted by citizens in the Moldavian or Russian language, in localities inhabited by people of the Gagauz nationality - in the Moldavian, Gagauz or Russian language. The translation into the Moldavian or Russian language should be attached to documents submitted in other languages.

Article 12

Office work in enterprises, institutions and organizations located on the territory of the Moldavian SSR, shall be carried out in the state language. Technical standard documentation may be used in the original language.

With due regard for the demographic situation, production process requirements, office work in the enterprises, institutions and organizations specified by the Council of Ministers of the Moldavian SSR upon the proposals of the district and city Soviets of people's deputies can be carried out also in the Russian or other acceptable language.

Correspondence among the enterprises, organizations and institutions located on the territory of the Republic shall be effected in the state language and the language for the office work.

Article 13

Correspondence among the bodies of the state authority, state administration and public organizations, as well as between them and the enterprises, institutions and organizations located on the territory of the Moldavian SSR shall be effected in the state language or other acceptable language.

Article 14

Documentation and other information forwarded outside the territory of the Moldavian SSR shall be drawn up in the Russian or other acceptable language.

CHAPTER IV.

THE LANGUAGE FOR PROCEEDINGS IN CRIMINAL, CIVIL AND ADMINISTRATIVE CASES, FOR ARBITRATION, NOTARY,

BODIES FOR REGISTRATION OF ACTS OF CIVIL STATUS

Article 15

The proceedings in criminal, civil and administrative cases in the Moldavian SSR shall be effected in the state language or in the language acceptable for the majority of persons participating in them.

The participants in a case who do not know the language in which the proceedings are effected, shall be ensured the right to be acquainted with the materials of the case, to participate in the court and investigation proceedings through an interpreter, as well as the right to make a statement and to give a testimony in the native language.

The investigation and court documents in accordance with the procedure established by the legal procedure shall be handed over to the accused, defendant and to other persons participating in a case after being translated into a language they know.

Article 16

The bodies of the state arbitration shall carry out their activity in the state language or in the language acceptable for the parties in a dispute.

Article 17

Notary work in the state notary's offices and executive committees of the district, city, town and village Soviets of people's deputies, as well as office work in the bodies for registration of acts of civil status of the Moldavian SSR shall be effected in the state or Russian language.

In the executive committees of the local Soviets of people's deputies the documents shall be drawn up in the state language and upon citizens' wish - in the Russian language as well; in the notary's offices and bodies for registration of acts of civil status - in the state and Russian languages.

CHAPTER V.

LANGUAGE IN PUBLIC EDUCATION, SCIENCE AND CULTURE

Article 18

The Moldavian SSR shall guarantee the right to have a pre-school, general secondary, specialized secondary, vocational training and high education in the Moldavian and Russian languages and shall create conditions for the exercize of the right of citizens of other nationalities residing in the Republic to the upbringing and education in the native language (the Gagauz, Ukrainian, Bulgarian, Hebrew, Yiddish and other languages).

Article 19

The pre-school institutions and schools providing general education shall be opened in accordance with the single language principle.

Office work, meetings, audio and visual information shall be carried out in them in the language of upbringing and education.

The pre-school institutions and schools providing general education on the principle of bilingualism shall be opened in those localities where the number of children and students does not allow to open pre-school institutions and schools providing general education in accordance with the single language principle. Meetings and audio and visual information shall be carried out in them on equal grounds in the relevant languages of upbringing and education, and office work - in the state language.

Article 20

In the specialized secondary, vocational training and high education institutions education shall be guaranteed in the state and Russian languages to acquire professions necessary to the Moldavian SSR. To meet economic and cultural requirements of the Republic, groups of students studying in the languages applied on the territory of the Moldavian SSR (the Gagauz, Ukrainian, Bulgarian, Yiddish and other languages) shall be established. In special national groups the teaching of specialized disciplines shall be carried out in the native language of pupils and students.

Article 21

In educational institutions of all levels the study of the Moldavian language as a discipline - in classes and groups providing education in the Russian or other languages (for students of Gagauz and Bulgarian nationality - within the volume necessary to communicate) and of the Russian language - in classes and groups providing education in the Moldavian and other languages shall be guaranteed.

Pupils and students upon the graduation from the educational institution shall pass the final examination in the Moldavian or Russian language accordingly; that creates conditions for the expansion of the areas of communication in the whole territory of the Republic.

Article 22

The Moldavian SSR shall create the necessary conditions for the development of the Moldavian and Gagauz national science and culture, as well as for scientific and cultural activities in other languages which are applied in the Republic. Defence of theses shall be carried out in the Moldavian, Russian or other languages determined by the relevant specialized council.

Article 23

Scientific and practical conferences, symposia and seminars, other meetings at the republican level shall be held in the state language (with the translation into Russian), and the meetings at the Union level - in the Russian language.

CHAPTER VI. LANGUAGES IN NAMES AND INFORMATION

Article 24

Localities and other geographic entities in the territory of the Moldavian SSR shall have a single official name in its initial Moldavian and, accordingly, Gagauz forms (without translation and adaptation) subject to historical traditions of a given locality. The correct writing of the names of localities and other geographical entities shall be established in accordance with the special reference books.

The names of squares, streets, lanes, city districts shall be formed in the state language without translation (in localities inhabited by people of the Gagauz nationality - in the Gagauz language), and in rural areas where the majority of the population is of Ukrainian, Russian or Bulgarian ethnicity - in the acceptable language.

Article 25

The names of ministries, state committees and departments, enterprises, institutions and organizations and their structural units shall

be formed in the state language with translation into the Russian language, and in localities inhabited by people of the Gagauz nationality - in the Gagauz language as well. The names cited in quotation marks shall not be translated but transcribed.

Article 26

The proper name of a citizen of the Moldavian SSR of Moldavian ethnicity shall be composed of a name (or several names) and family name (single or double). The family name shall not be altered by gender, the patronymic shall be used without suffixes. When translating the Moldavian names and family names into other languages the specificity of their writing in the Moldavian language shall remain without adaptation.

The spelling of names and family names of representatives of other nationalities residing in the Republic shall not be regulated by the present Law.

Article 27

The official letterheads, texts of seals, stamps and postmarks shall be produced in the state and Russian languages, in the relevant localities - in the state, Gagauz and Russian languages.

Forms (cards) used in the social sphere (telegraph services, saving banks, institutions providing consumer services to the population, etc.) shall be produced in the state and Russian languages (in the relevant localities - in the state, Gagauz and Russian languages) and shall be filled upon the wish of a citizen in one of the languages of a form (card).

Article 28

Signs with the names of the bodies of state authority, state administration and public organizations, enterprises, institutions and organizations, signboards with the names of squares, streets, lanes, localities and other geographic entities shall be produced in the state and Russian languages, in the relevant localities - in the state, Gagauz and Russian languages and shall be placed in the left side (on the top) in the state language and in the right side (below) in the Russian language, in the relevant localities - in the left side (on the top) in the Gagauz language, in the centre (below) in the state language, in the right side (lower) in the Russian language.

Article 29

The texts of public announcements, notifications, advertisements and other visual information shall be designed in the state language with the translation, if necessary, into the Russian language, in the relevant localities - in the state, as well as in the Gagauz and the Russian language.

Names of the goods and products, labels (tags) of the goods, marking, instructions for goods produces in the Republic, as well as any visual information presented to the population of the Republic shall be designed in the state and Russian languages.

In all occasions the texts of the visual information shall be written in the order provided for in the Article 28 of the present Law. Print of the texts in the state language should not be of a smaller size than in other languages.

In the rural areas where the majority is the population of the Ukrainian, Russian or Bulgarian ethnicity, the visual information can be designed in the relevant languages.

CHAPTER VII. STATE PROTECTION OF LANGUAGES

Article 30

The heads of the bodies of the state authority, state administration and public organizations, as well as of the enterprises, institutions and organizations located in the territory of the Moldavian SSR, shall bear personal responsibility for the non-observance of the requirements of the present Law within their competence in accordance with the legislation in force.

Article 31

The propaganda of animosity, neglect of languages of other nationalities, creation of obstacles for the functioning of the state language and other languages in the territory of the Republic, as well as infringement upon the right of citizens on language grounds shall entail responsibility in accordance with the procedure established by the legislation.

Article 32

Control over the observance of the legislation on the functioning of languages in the territory of the Moldavian SSR shall be carried out by the Supreme Soviet of the Moldavian SSR through a specially established Commission, and in districts (cities) - the relevant Soviets of people's deputies of the Moldavian SSR.

Note: We acknowledge with thanks data from the International Organization for Migration (IOM).

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