LAW OF THE REPUBLIC OF MOLDOVA

of July 12, 2018 No. 122

About informers on integrity

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Sphere of regulation

This law the practician in public and private subjects, procedure for consideration of these disclosures, the rights of informers on integrity and measures for their protection, obligation of employers, powers of the bodies responsible for consideration of such disclosures, and bodies for protection of informers for integrity regulates disclosures illegal.

Article 2. Law purpose

This law is directed to increase in quantity of cases of disclosure illegal the practician and other disclosures which are of public interest, way:

a) promotions of the atmosphere of integrity in public and private sectors;

b) ensuring protection of informers on integrity from revenge in connection with consideration of disclosures illegal the practician, being of public interest;

c) preventions and imposings of punishments for revenge concerning informers on integrity.

Article 3. Concepts

The concepts used in this law have the following values:

the notification on integrity - fair disclosure by the worker of illegal practice which poses threat or causes damage to public concerns;

the informer on integrity - the worker who performs the notification on integrity;

disclosure illegal the practician - disclosure of corruption manifestations as they are determined and listed in the Law on integrity No. 82/2017, of the violations concerning the environment, basic rights and human freedoms, homeland security, and also other violations, actions or failure to act which pose threat or cause damage to public concerns;

the worker - physical person, which:

a) within the last 12 months is or was according to the labor law the worker concerning the employer;

b) within the last 12 months is or was trainee or the volunteer concerning the employer;

c) within the last 12 months has or had contractual legal relationship, the civil relations with the employer;

the employer - the public or private subject, which:

a) entered employment legal relationship with the worker;

b) entered contractual legal relationship, the civil relations with the worker.

For judges and prosecutors employer is the Supreme council of magistracy and the Supreme council of prosecutors;

conscientiousness - the standard of behavior which is expressed in correctness, honesty and responsibility;

revenge - any forms of punishment, pressure, infringement or work place discrimination connected with the notification on integrity or following from it. Forms of revenge are: dismissal, discharge, demotion, refusal in job development or in training, the repressive translation, deprivation of awards, privileges or other benefits, persecution or other repressive relation, and also intimidation by such actions.

Article 4. Principles of application of the law

In case of application of provisions of this law the following principles are observed:

a) principle of protection of basic rights and human freedoms;

b) principle of equality and nondiscrimination;

c) the principle of intolerance to corruption manifestations in public and private subjects;

d) the principle of presumption of conscientiousness of the worker opening illegal practice;

e) the principle of responsibility according to which the informer on integrity shall confirm the statement with data or certificates on illegal practicians.

Article 5. Subjects of the law

(1) the Subjects getting under operation of this law are:

a) workers;

b) informers on integrity;

c) employers;

d) bodies for consideration of disclosures illegal the practician (further - bodies for consideration);

e) bodies of protection of informers on integrity (further - bodies of protection).

(2) This law is applied also to persons designated in the scientific and advisory boards, the profile commissions and other collegiate organs organized as a part of bodies of the public power, public organizations or in case of them.

(3) Workers have the right to make disclosures illegal the practician, to be acknowledged as informers on integrity and to use protection according to provisions of this law.

(4) In departure from part provisions (workers who are public agents shall notify 3) on inadequate influence on them, and also on other attempts of their involvement in corruption manifestations in value of the Law on integrity No. 82/2017 and the Law on assessment of institutional integrity No. 325/2013. Public agents who notified on inadequate influence or on other attempts of their involvement in corruption manifestations can be recognized as informers on integrity and use protection according to this law if they are not attracted as witnesses and/or the victims within criminal procedure.

Article 6. Conscientiousness

(1) Disclosure of illegal practice by the worker is considered reliable until the return is proved.

(2) the Worker is considered fair if the disclosure of illegal practice made by him is reliable or if it has reasonable ground to consider that it reliable also poses threat or causes damage to public concerns.

Chapter II Disclosure illegal practician

Article 7. Methods of disclosure illegal practician

(1) Disclosure of illegal practice can be internal (it is told the employer), external (it is reported to bodies for consideration) and public.

(2) Disclosure of illegal practice can be performed in writing signed by the worker, or through electronic system of disclosures online, or to be reported by anti-corruption phone line of the employer, bodies for consideration. Disclosure is drawn up by filling with the worker or, on circumstances, the operator of phone line of the forms provided in appendices 1 and 2.

(3) Disclosure of illegal practice is brought in the Magazine of disclosures illegal the practician and notifications on integrity which sample is provided in appendix 3, filled by employers and bodies for consideration.

(4) Confidentiality of personal data of the worker opening illegal practice is guaranteed according to Article 8.

Article 8. Confidentiality of the identity of the worker opening illegal practice

(1) the Identity of the worker opening illegal practice is not disclosed and is not told persons suspected of such practice, except as specified, when the worker himself opens or reports the personality.

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