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Ministry of Justice

Republic of Moldova

On August 20, 2018 No. 1351

ORDER OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF MOLDOVA

of August 15, 2018 No. 140

About approval of Regulations about the organization and functioning of Council of the state internal financial control

According to the item (3), Art. 30 of the Law No. 229 of September 23, 2010 on the state internal financial control (The official monitor of the Republic of Moldova, 2010, 730) I ORDER to Art. No. 231-234,:

1. Approve Regulations about the organization and functioning of Council of the state internal financial control it (is applied).

2. Declare invalid the Order of the Minister of Finance No. 114 of 12.10.2012 about approval of Regulations of activities of Council of the state internal financial control (The official monitor of the Republic of Moldova, 2012, Art. No. 237-241, 1379), with subsequent changes and amendments.

Minister of Finance

Octavian to Armash

Approved by the Order of the Minister of Finance of the Republic of Moldova of August 15, 2018, No. 140

Regulations about the organization and functioning of Council of the state internal financial control

I. General provisions

1. The regulations of the organization and functioning of Council of the state internal financial control (further - Council) establish procedure for appointment of members of council, their powers, the right and obligation, and also management, the organization and the secretariat of activities of Council.

2. Council is created as professional consultative body under the Ministry of Finance, for support to effective implementation of the state internal financial control in public sector of the Republic of Moldova.

II. Structure and appointment of members of council

3. Council consists of eleven members (including the chairman and the vice-chairman of Council):

a) the member - the state secretary from the Ministry of Finance, in the field of the state internal financial control, as the chairman of the board;

b) the member - the head, the representative of private sector with experience of implementation of corporate management;

c) the member - professor of university specializing in area of public administration;

d) the member - the representative of Audit Chamber of the Republic of Moldova;

e) the member - the division manager, responsible for policy in the field of the state internal financial control from the Ministry of Finance;

f) two members - experts in the field of public finances and the right;

g) two members - representatives of the non-governmental organizations concerning area of the state internal financial control;

h) two members - representatives of the organizations making decisions for correlation of the current reforms.

4. Members of council shall correspond to the following criteria:

a) the higher education in economic and financial, legal area or public administration;

b) work experience in the field of management (including financial management), public control or in the academic circle;

c) ownership of official language.

5. In Council there can be two observers without voting power invited by the Ministry of Finance according to the touched subjects.

6. The chairman of the board is helped with work by the vice-chairman elected from among members of council by a simple majority vote. In the absence of the chairman the deputy heads meetings of Council.

7. The appointed members cannot be replaced at meetings by other persons.

8. Membership in Council stops in the following situations:

a) on demand;

b) in case of inability to carry out obligations more than 6 months;

c) in case of criminal criminal record based on the final adjudication;

d) in case of suspension of employment relationships with subject in which it affects the promotion moment;

e) at the request of subject which submitted the application;

f) after three-year term;

g) in case of death.

9. Members of council are appointed to three-year term, except for the chairman.

10. The mandate of the member of council cannot be prolonged more than two consecutive terms, except for the chairman.

11. The termination of membership in Council is established and brought to the attention to the Minister of Finance.

12. Members of council, except for the chairman and the division manager who is responsible for policy in the field of the state internal financial control are elected on the basis of the candidacies proposed as a result of the requests sent by the Ministry of Finance.

13. The division which is responsible for policy in the field of the state internal financial control coordinates the choice of members of council on the basis of the provided Curriculum Vitae.

14. The division which is responsible for policy in the field of the state internal financial control submits to the Minister of Finance for consideration of the candidate for members of council.

15. The nominal structure of Council affirms the order of the Minister of Finance.

III. Powers, rights and obligations of Council

16. The mission of Council consists in provision of support and consultation to the Ministry of Finance in coordinating of implementation and development of system of the state internal financial control for the purpose of management of public funds according to criteria of proper management.

17. Council has the following powers:

a) provides support and consultation to management of the Ministry of Finance in decision making and implementation of reforms in the field of the state internal financial control, informing, at least, once a year;

b) discusses strategic plans of development of the state internal financial control, offers improvements and issues the conclusion in the directions of their development;

c) approves drafts of regulations, and also the managements developed in the field of the state internal financial control;

d) discusses and issues the conclusion about the summary annual statement, about the state internal financial control;

e) periodically analyzes situation in the relation development of the state internal financial control, and also proposes measures for correction and removal of obstacles;

f) suggests to initiate changes in the regulations connected with the state internal financial control;

g) supports in public debate and assists in promotion of the initiated regulations;

h) participates, as required, according to the state internal financial control and notification of heads of the state subjects about importance and benefits of implementation of system;

i) as required performs monitoring of process of professional certification and development of internal auditors in the public sector;

j) considers the appeals provided to the Commission on professional certification of internal auditors in the public sector and proposes solutions;

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