ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 25, 2018 No. 380

About approval of the Standard regulations on the organization and functioning of Council for resolution of disputes within monitoring bodies

Based on part (5) article 30 of the Law No. 131/2012 on the state control (The official monitor of the Republic of Moldova, 2012, Art. No. 181-184, 595), with subsequent changes and amendments, DECIDES: the Government

1. Approve Standard regulations on the organization and functioning of Council for resolution of disputes within monitoring bodies it (is applied).

2. The state office in 3-month time from the date of publication of this resolution:

To constitute 1) with assistance of the owner of the State register of non-profit organizations the updated list of associations of business environment which part the members performing types of activity relevant for monitoring bodies are;

2) to develop and transfer to each monitoring body the announcement of selection of associations of business environment for the purpose of inclusion of their members in structure of Council for resolution of disputes, according to provisions of Items 7-11 of the Standard provision approved by this resolution;

3) to provide generalization of options of vote of the associations of business environment sent to the e-mail address specified in the announcement and also to publish results of process of vote on the controale.gov.md web page;

4) to provide confirmation of reliability of selection of representatives of business environment in structure of Council for resolution of disputes for each monitoring body, according to results of process of vote by means of e-mail;

To transfer 5) to each monitoring body the list of the selected associations of business environment for their inclusion in structure of the relevant councils on resolution of disputes.

3. The state office in 6-month time from the date of publication of this provision to develop the separate module for the controale.gov.md web page containing:

1) undressed for ensuring online vote for the purpose of selection of associations of business environment in structure of Council for resolution of disputes for each monitoring body, according to Item 9 of the Standard provision;

2) the information about structure of Council for resolution of disputes for each monitoring body and the list of the associations of business environment included in structure of Council for resolution of disputes.

4. In 3-month time from the date of publication of this resolution to provide to the monitoring bodies provided in appendix to the Law No. 131/2012 on the state control in coordination with the State office:

1) creation by the order of the head of monitoring body of Council for resolution of disputes and establishment of its structure;

2) approval of regulations on procedure for the organization and functioning of councils on resolution of disputes;

3) development of technical parameters of web pages for provision of possibility of submission of petitions and provisional statements in electronic format and confirmations of their obtaining online.

5. To the State Tax Service and Customs Service to develop and approve regulations on procedure for the organization and functioning of councils on resolution of disputes according to the Tax code and the Customs code.

6. To impose control of execution of this resolution on the State office.

Approved by the Order of the Government of the Republic of Moldova of April 25, 2018 No. 380

Standard regulations on the organization and functioning of Council for resolution of disputes within monitoring bodies

Chapter I General provisions

1. This Standard provision establishes procedure for the organization and functioning of Council for resolution of disputes within monitoring bodies (further - Council), procedure for selection and appointment of members of council, their functions, the right and obligation, and also the procedure of consideration by Council of petitions and provisional statements.

2. Council performs the activities according to provisions of the Law No. 131/2012 on the state control, this Standard provision and other regulations applicable to the sphere of competence of each monitoring body.

3. Council will be organized and is effective for the purpose of consideration of petitions and the provisional statements submitted by persons which are subject to the state control according to part provisions (5) article 30 of the Law No. 131/2012 on the state control.

4. Council is considered by the provisional statement about appeal according to the preliminary procedure provided by the Administrative code of the Republic of Moldova No. 116/2018, before submission of the action for declaration the checked face considering itself restrained in any legitimate right.

Exception is the part stating pravonarushitelny act, and the plan for correction within the protocol of control which appeal is performed according to regulations of the Code of the Republic of Moldova on offenses No. 218/2008, and also the individual administrative act which is subject to appeal is direct in degree of jurisdiction, without observance of the preliminary procedure according to the Law No. 131/2012 on the state control and according to provisions of the Administrative code of the Republic of Moldova No. 116/2018.

Chapter II Structure of council and procedure of selection of his members

5. Council consists from:

a) the head of monitoring body who is chairman of the board;

b) the division managers of monitoring body responsible, as a rule, for risks assessment, planning of legal checks;

c) the representative of the central body of the public management relating to the sphere of competence of monitoring body;

d) at least four representatives of the associations of business environment performing the types of activity adjacent to the sphere of competence of monitoring body or with the challenged situations which selection is made according to the procedure, provided by Items 7-11 of this Standard provision.

6. The numerical structure of Council affirms the order of the head of monitoring body. The order on creation and structure of Council is published on the web page of monitoring body and on the controale.gov.md web page.

7. Members of council from business environment are the associations answering to the following conditions:

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