LAW OF THE REPUBLIC OF MOLDOVA

of June 8, 2006 No. 152-XVI

About National institute of justice

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Law purpose

The purpose of this law is determination of legal status of National institute of justice, establishment of the principles of its organization and functioning, procedure for elementary training of candidates for judgeships and the prosecutor, procedure for continuous training of effective judges and prosecutors, court session secretaries, assistants to judges, chiefs of the secretariats of degrees of jurisdiction, consultants of prosecutors, advisers for probation, judicial inspectors of Judicial inspection, inspectors of Inspection of the prosecutors, lawyers providing the legal aid guaranteed by the state and also procedure for elementary and continuous training of other persons acting in the field of justice in stipulated by the legislation cases.

Article 2. National institute of justice

(1) the National institute of justice (further – Institute) is the public organization performing elementary training of candidates for judgeships and the prosecutor, continuous training of effective judges and prosecutors, court session secretaries, assistants to judges, chiefs of the secretariats of degrees of jurisdiction, consultants of prosecutors, advisers for probation, judicial inspectors of Judicial inspection, inspectors of Inspection of the prosecutors, lawyers providing the legal aid guaranteed by the state and also elementary and continuous training of other persons acting in the field of justice in stipulated by the legislation cases.

(2) the Institute has the status of the legal entity, has seal with the image of the State Emblem of the Republic of Moldova and the name of Institute, own property, has administrative, scientific and teaching autonomy.

(3) Charges and functioning of Institute are financed from the means which are specially provided in the government budget. Financing from other sources which are not prohibited by the law is allowed only on condition that it does not restrain Institute autonomy.

(4) the Institute is not part of national education system and education, and regulations of the current legislation on accreditation and licensing of educational institutions, and also the concerning fields of science and innovations do not extend to it and does not interfere with implementation of the functions provided by part (1) Article 4.

(The Institute acts 5) on the basis of this law and the charter approved by Council of Institute (further - Council).

(6) the Location of Institute is the municipium of Chisinau.

Article 3. Property of Institute

(1) For implementation of the functions provided by this law, the Institute has property which consists from:

a) the property transferred to use in accordance with the established procedure;

b) the property acquired at the expense of own means;

c) results of the activities performed on contractual basis;

d) donations and means of sponsors - physical persons and legal entities both domestic, and foreign;

e) the property received from other sources which are not prohibited by the law.

(2) the Property of Institute can be aloof only with the consent of Council according to the law.

Chapter II Organization and functioning of Institute

Article 4. Functions of Institute

(1) the Institute performs the following main functions:

a) elementary training of candidates for judgeships and prosecutor;

b) continuous training of effective judges and prosecutors;

c) continuous training of court session secretaries, assistants to judges, chiefs of the secretariats of degrees of jurisdiction, consultants of prosecutors, advisers for probation, judicial inspectors of Judicial inspection, inspectors of Inspection of the prosecutors, lawyers providing the legal aid guaranteed by the state;

d) the organization and holding examinations for persons with the five-year length of service on legal specialty provided by the Law on the status of the judge No. 544-XIII of July 20, 1995 and the Law on Prosecutor's office No. 3 of February 25, 2016 (further – persons who are candidates for judgeship or the prosecutor based on working life);

e) training of teachers.

(The Institute can also perform 2):

a) basic and continuous training on contractual basis of other persons acting in the field of justice in stipulated by the legislation cases;

b) international cooperation in the field;

c) carrying out scientific research in the field of the right and justice, publication of the written scientific works developed in the course of activities of education and other guidances;

(3) the Institute can perform also other activities necessary for accomplishment of the functions.

(4) the Institute has the right to process personal data for the purpose of implementation of the functions established by this law.

Article 5. Governing bodies of Institute

Governing bodies of Institute are Council and the director.

Article 6. Council

(1) Council is the supreme body of management of Institute.

(2) Council consists of 9 members, of which:

1) three members are appointed by the Supreme council of magistracy from among judges as follows:

a) one judge from structure of the Highest trial chamber;

b) one judge from structure of appeal chambers;

c) one judge from structure of courts;

2) three members are appointed by the Supreme council of prosecutors from among prosecutors as follows:

a) one prosecutor from structure of the Prosecutor General's Office;

b) one prosecutor from structure of specialized prosecutor's offices;

c) one prosecutor from structure of territorial prosecutor's offices;

3) two members are appointed the Minister of Justice;

4) one member is appointed the President of the Republic of Moldova.

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