Another reason was the fact that many of the residents of the border area do not have a passport to cross the border legally. This problem would have arisen with the establishment of the border between the Republic of Moldova and Ukraine, which put an end to the uncontrolled movement between the former republics of the USSR. The legislator included crimes of violation of the state border regime by foreign citizens in the Criminal and Contravention Code. Therefore, for crossing the state border of the Republic of Moldova by evading or evading the control performed at its crossing, the foreigner can be criminally punished with a fine of up to 750 conventional units or unpaid work for the benefit of the community from 150 to 200 hours, or with imprisonment for up to 2 years. The same actions that are accompanied by violence, are committed with the application of a weapon, are punishable by imprisonment from 5 to 8 years. These provisions do not extend to persons who have illegally crossed the border for the purpose of seeking asylum and to persons who are victims of trafficking in human beings3. In practice, GIBP and / or BMA have often communicated to the public the cases of entry of foreigners into the Republic of Moldova as illegal, without informing whether they have applied for asylum or were victims of trafficking in human beings. Here, we mention that the authorities are obliged to inform foreigners about the protection offered by the Republic of Moldova, the way in which they entered the territory of the country being less important. Given these premises, but also the intention of the authorities to defend the border by "not protecting" asylum-seeking foreigner or victims of trafficking in human beings, Ombudsman recommends that the GIBP and the BMA thoroughly examine any case of (especially illegal) entry of foreigners into the country in terms of the obligation to grant international protection, subsequently - as a ground for illegal border crossing. At the same time, for violating the state border regime, the border zone regime, the state border crossing regime and the state border crossing rules, the person can be sanctioned with a fine of 6 to 12 conventional units applied to natural person, with a fine from 9 to 18 conventional units applied to the person in charge. Crossing the state border by BCP without a passport or without authorization from the respective authorities is sanctioned with a fine from 12 to 30 conventional units applied to the natural person, with a fine from 60 to 90 conventional units applied to the person in charge4. The assessment of the degree of violation (criminal or misdemeanour) belongs to the border policeman. The heads of sectors of the Border Police, their deputies, the heads of exchange, the senior officers, as well as the heads of the mobile teams, according to art.400 of the Contravention Code are entitled to examine and apply sanctions in the contravention cases referred to in: 3 4 Art.362 Criminal Code of the Republic of Moldova ; Art.332 Contravention Code of the Republic of Moldova; 17

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