ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of September 5, 2018 No. 870

About approval of the Code of ethics of the court expert

Based on the Law No. 68/2016 on judicial examination and the status of the court expert (The official monitor of the Republic of Moldova, 2016, Art. No. 157-162, 316) DECIDES: the Government

1. Approve the Code of ethics of the court expert it (is applied).

2. This resolution becomes effective from the date of publication.

Approved by the Order of the Government of the Republic of Moldova of September 5, 2018, No. 870

Code of ethics of the court expert

Chapter 1 General provisions

1. The code of ethics of the court expert (further - the Code) represents set of regulations of professional and moral behavior of court experts.

2. The purpose of this Code is the management of behavior of court experts they observed moral and professional values, the principles and standards of behavior.

3. The court expert shall provide that any objective or subjective factor did not influence the principles and rules of professional behavior.

4. Observance of provisions of this Code is professional obligation of each court expert of public judicial and expert organizations, and also individual or joint bureaus of judicial examination.

5. Any person can demand from court experts of observance of these rules of conduct in relation to itself.

Chapter II Principles of behavior of the court expert

6. The professional behavior of the court expert is regulated by the following principles:

1) legality - in the activities the court expert shall observe the Constitution of the Republic of Moldova, regulations regulating field of activity of judicial examination and it is correct to apply provisions of regulations in case of production of judicial examination and formulation of the conclusions;

2) integrity - assumes compliance of behavior of the court expert to the regulations providing its honesty and integrity in work;

3) independence - the court expert is independent in relation to the higher head, to the applicant of judicial examination, to the parties of legal procedure, and also in relation to other persons interested in the result of judicial examination;

4) objectivity and completeness of researches - the court expert performs the activities correctly and conducts researches concerning objects of examination on the basis of objective, complete and comprehensive assessment, applying modern achievements of science and technology and choosing, as required, the corresponding methods of research for the solution of the pushed problems;

5) confidentiality - information, the facts and documents which the expert studied and which he has as a result of implementation of the powers for the purpose of production of judicial examination or which became known to it as a result of participation in the closed judicial sessions are not subject to disclosure and cannot be used in private interests or for the benefit of the third parties, except as specified, when he got direct permission for this purpose or there is legal obligation about disclosure. Documentary material on expert works can be used for creation of scientific articles only after final settlement of case and with preserving anonymity according to the law;

6) professionalism - the court expert shall correctly, honesty, competently, effectively and responsibly to apply theoretical knowledge and practical skills in case of accomplishment of the obligations, to constantly enhance the professional knowledge and skills and to perform only those works which he can perform;

7) impartiality and justice - in case of examination production the court expert shall act without prejudice, it is fair also without any discrimination and not to assume that its objectivity was exposed to conflict of interest, political, racial, ethnic, social impact or any other factors which can affect results of judicial examination;

8) observance of human rights and freedoms - in case of production of judicial examination is provided respect for constitutional rights and human freedoms. The researches requiring temporary restriction of freedom or integrity of human beings are conducted only on the basis and according to the procedure, established by the law;

9) priority of public concerns - in case of accomplishment of functional obligations by the court expert execution of service for the benefit of community is priority in relation to private interests;

10) loyalty - is expressed in commitment of the court expert to organization and values advanced by it, creating the working climate based on development of command spirit, unity and discipline, trust and mutual respect, cultivation and strengthening of traditions of organization, and also understanding that the service is performed for the benefit of people and the state. The court expert shall protect faithfully prestige of public institution, and also abstain from any actions / bezdeystvy which can cause damage to its image or legitimate interests.

Chapter III of the Rule of professional behavior and restriction in activities of court experts

7. When implementing the professional obligations the court expert shall:

1) to observe legislative provisions, domestic situations, and also the professional regulations characteristic of the performed activities;

2) correctly and timely to carry out service duties within the appointed competences and obligations;

3) to perform the work honesty, responsibly, loyally, objectively and without prejudice;

4) to respect human dignity and human rights;

5) to declare conflict of interest or any pressure put with the purpose to affect results of judicial examination, every time when there are such situations;

To take 6) into account availability of the circumstances of abstention or branch provided by the procedural legislation;

7) not to use the position in private interests and not to require any remunerations for the performed work;

8) constantly to enhance the knowledge, competences and professional skills;

9) to draw conclusions and to provide information as the court expert within legal proceedings only within the professional competence;

10) to use proofs so that not to threaten own health and safety, health and safety of colleagues and the public;

11) not to take the responsibility of criminal prosecution authorities and to reject any delegation in this sense;

12) to perform professional activity timely and effectively;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info