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LAW OF THE REPUBLIC OF MOLDOVA

of December 21, 2017 No. 300

About system of penitentiary administration

(as amended on 26-07-2018)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Regulation subject

This law establishes the main regulatory base, the principles of activities, the organization and functioning, financing and ensuring activities of system of penitentiary administration, and also legal status, social guarantees, obligations, powers and obligations of the government employee with special status of system of penitentiary administration.

Article 2. Principles of activities of system of penitentiary administration

(1) Activities of system of penitentiary administration are performed only on basis and in pursuance of the law, according to the principles of legality, observance of basic rights and human freedoms, impartiality and nondiscrimination, humanity, rational use of cures of convicts and stimulation of respect for the law, the personal responsibility and professionalism, transparency, observance of the state secret and confidentiality of official information of limited access.

(And in the relations with citizens the personnel of system of penitentiary administration respect 2) In professional activity and advances standards of behavior in public service, and also legislative provisions concerning transparency in decision making process, conflict of interest and not compatibility.

Article 3. Cooperation with bodies of public management and other organizations

(1) For ensuring effective implementation of the powers entrusted to system of penitentiary administration, the National penitentiary administration and organizations subordinated to it cooperate with bodies of public management, law enforcement agencies, mass media and other organizations irrespective of type of property and form of business according to the procedure, established by the legislation.

(2) For realization of tasks of system of penitentiary administration the National penitentiary administration and organizations subordinated to it cooperate with relevant organs of other states according to international treaties which party is the Republic of Moldova.

(3) the Relations of personnel of system of penitentiary administration with representatives of bodies of the public power / bodies of national defense, the state security agencies and public order are based on cooperation and mutual support for the purpose of proper execution of service duties.

Article 4. Carrying out consultations with the trade-union organizations

In case of development of the regulations provided by this law, or other regulations in the field of the office relations of the government employee with special status of system of penitentiary administration carrying out consultations with the representative trade-union organizations of system of penitentiary administration is obligatory.

Article 5. Transparency of activities

(1) Transparency of activities of system of penitentiary administration is provided with cooperation with civil society, placement of socially useful information in mass media and on the official web page of National penitentiary administration, and also compliance with law about transparency of decision making process.

(2) the National penitentiary administration has no right to provide and make public the data carried to the state or trade secret, except as specified, provided by the current legislation. Disclosure of data which can cause damage to honor, advantage or safety of the person, legitimate interests of physical person and/or legal entity, to interfere with the prevention or investigation of crimes or offenses, or to promote their making is forbidden.

(3) the National penitentiary administration has no right to provide the information which can break presumption of innocence, standards of behavior of personnel of system of penitentiary administration or to cause damage to interests of safety of the person, society or state.

(4) the National penitentiary administration provides the information to physical persons and legal entities according to the current legislation.

Article 6. Control of activities of system of penitentiary administration

(1) For ensuring effective implementation of functions of system of penitentiary administration the National penitentiary administration shall represent annually till February 15 of the next year to the Ministry of Justice and the national lawyer the annual statement about activities of system of penitentiary administration.

(2) the Draft of the annual statement about activities of system of penitentiary administration is exposed to public discussion not later than month before its representation to the bodies specified in part (1), and it is published on the official web page of National penitentiary administration.

Article 7. Competence of the Ministry of Justice

The Ministry of Justice exercises coordination and control of activities of National penitentiary administration, develops and advances policy of the state in the field of system of penitentiary administration, and also performs other functions according to the law.

Chapter II. Organization and functioning of system of penitentiary administration

Article 8. Structure of system of penitentiary administration

(The System of penitentiary administration includes 1):

a) National penitentiary administration;

b) divisions of National penitentiary administration;

c) penal institutions.

(2) the National penitentiary administration, its divisions and penal institutions are legal entities and have treasurer accounts, and penal institutions located in Bender's municipium – and bank accounts.

(The Limiting 3) the number of personnel of system of penitentiary administration is established by the order of the Government according to the proposal of the Minister of Justice.

(4) the National penitentiary administration performs management, coordination and provides control of activities of its divisions and subordinated penal institutions (further – subordinated organizations).

Article 9. National penitentiary administration

(1) the National penitentiary administration is the administrative authority subordinated to the Ministry of Justice performing functions and realizing policy of the state in the field of carrying out of criminal penalties in the form of imprisonment, measure of restraint in the form of provisional attachment, punishment in the form of arrest for offenses and also the security measures applied to persons imprisoned.

(2) the director whom he appoints to position directs National penitentiary administration and the Minister of Justice according to the law dismisses.

(3) With work the director of National penitentiary administration is helped by his deputies. Deputy directors of National penitentiary administration are appointed to position and dismissed by the Minister of Justice according to the law. Positions of the director and his deputies are the state positions with special status.

(4) the Regulations on the organization and functioning of National penitentiary administration affirm the Government. The staff list of National penitentiary administration affirms the Minister of Justice according to the proposal of her director.

(5) in the field of financing of system of penitentiary administration the National penitentiary administration performs the functions provided articles 21 of the Law on public finance and budget and tax responsibility No. 181/2014.

(6) the National penitentiary administration has own symbolics which affirms the order of the Minister of Justice and is registered in the procedure established by the legislation.

Article 10. Divisions of National penitentiary administration

(1) Divisions of National penitentiary administration are subjects subordinated to it which competence includes ensuring realization of policy of the state in certain segments of spheres of activity of National penitentiary administration.

(2) Creation and liquidation of divisions of National penitentiary administration affirm the Government. Regulations on the organization and functioning of divisions, and also the staff list affirm the director of National penitentiary administration.

Article 11. Penal institutions

(1) Penal institutions are bodies which provide carrying out of punishments of persons condemned to imprisonment or to life imprisonment and also the temporary conclusion of persons to which the measure of restraint in the form of provisional attachment or punishment in the form of arrest for offense is applied.

(2) treat penal institutions:

a) penal institutions of open type;

b) penal institutions of half-closed type;

c) closed penal institutions;

d) the centers of detention for minor and young faces;

e) penal institutions for women;

f) arestny houses;

g) penitentiary hospitals.

(3) Categories of persons containing in the penal institutions provided by Items a) – f) parts (2), are regulated by the Criminal code and the Executive code.

(4) Penitentiary hospitals provide temporary content of all categories of the prisoners needing stationary medical care with observance of requirements of separate content depending on disease, gender and age of person, and also its procedural status.

(5) In one penal institution it can be created with respect for the features provided by the Executive code, several various sites of content of prisoners in the penal institutions specified in part (2).

(6) Creation and liquidation of penal institutions affirm the order of the Government according to the offer of the Ministry of Justice. Suspension of operations of penal institutions, creation and liquidation of various sites of content of the prisoners provided by part (5), affirm the Minister of Justice.

(7) for suspension of operations for accounting, management and protection of property of penal institutions which activities were suspended of the order of the Minister of Justice their staff list, and also persons in positions with preserving their functions, including with right to sign of financial records remains. Compensation to specified persons is performed according to posts according to the legislation.

(8) in case of reduction of number of persons containing in penal institutions, owing to amnesty, change of the legislation and conditions of execution of punishments, and also in others, the cases established by the law, the extreme number of personnel of these organizations does not decrease within two years. According to the decision of the director of National penitentiary administration government employees with special status of the relevant organizations can be recalled according to the law to other divisions of system of penitentiary administration.

(9) Regulations on the organization and functioning of penal institutions, and also the staff list affirm the director of National penitentiary administration.

Article 12. Economic activity of system of penitentiary administration

(1) Divisions of system of penitentiary administration can perform economic activity according to the civil legislation for the purpose of ensuring involvement of prisoners to work. The workplaces paid from the government budget are created according to the budget procedure and join in the separate schemes of personnel approved by the director of subordinated organization after their coordination with the director of National penitentiary administration.

(2) For creation of workplaces where for the purpose of resocialization prisoners are involved in remunerative or unpaid work according to the current legislation, divisions of system of penitentiary administration can establish public and private partnership, and also sign service provision agreements with physical persons or legal entities.

(3) Involvement of prisoners to remunerative work by legal entities or physical persons is performed based on the agreement signed by the corresponding persons with division of system of penitentiary administration. Involvement of prisoners to work is not recognized individual employment relationships sense of the labor law, and compensation of the prisoners involved to remunerative work, and also tax withholding and other payments are performed through division of system of penitentiary administration on the basis of the payments levied according to service provision agreements.

(4) Physical persons and legal entities which create workplaces for attraction to labor activity of prisoners in divisions of system of penitentiary administration and/or provide services in supply of personnel with food, are exempted from the rent for the equipments and/or rooms used for this purpose, including for the rooms for storage of products and raw materials which are under authority of the relevant divisions, signing for this purpose contracts on free use for a period of up to three years which can be prolonged.

(5) For implementation of business activity of booths (trade items) for the purpose of supply of prisoners with the goods permitted in penal institutions and also provision of services on providing employees with food, the National penitentiary administration selects businessmen on konkurny basis. The related business activity in divisions of system of penitentiary administration is performed based on coordination with National penitentiary administration.

Chapter III. Competence, powers and obligations of system of penitentiary administration

Article 13. Competence of National penitentiary administration and subordinated organizations

(1) the National penitentiary administration, its divisions and penal institutions perform competences in justice, safety of the state and public order of the limits set by the current legislation.

(2) For realization of tasks National penitentiary administration and subordinated organizations:

a) provide carrying out of criminal penalties in the form of imprisonment, measures of restraint in the form of provisional attachment and punishment in the form of arrest for offense;

b) provide law and order, legality and equality in penal institutions, safety of persons imprisoned including during their convoy, safety of personnel of system of penitentiary administration and persons which are in the territory of penal institutions;

c) support the mode of entrance, exit, and also public order at check-points of penal institutions;

d) provide the accounting including automated persons taken into custody;

e) perform special search activities according to the procedure, established by the law;

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