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LAW OF THE REPUBLIC OF MOLDOVA

of March 10, 2022 No. 26

About some measures for candidate screen to position of the member of self-government institutions of judges and prosecutors

For the purpose of increase in integrity of future high councilors of magistracy, the Supreme council of prosecutors and their specialized bodies, and also for the purpose of increase in trust of society to activities of self-government institutions of judges and prosecutors and in general to justice system

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject of the law

This law regulates the legal relationship connected with assessment procedure of integrity of candidates for position of the high councilor of magistracy, the Supreme council of prosecutors, and also candidates for position of the member of their specialized bodies as obligatory stage of selection process of candidates and their election or appointment to the corresponding positions.

Article 2. Subjects of the law

(1) Provisions of this law are applied to candidates for position of the member:

a) The supreme council of magistracy;

b) Boards on selection and career of judges;

c) Boards according to activities of judges;

d) Disciplinary board of judges;

e) The supreme council of prosecutors;

f) Boards on selection and movement of prosecutors;

g) Boards according to activities of prosecutors;

h) Boards on discipline and ethics in subordination of the Supreme council of prosecutors.

(2) in the context of assessment of the candidates specified in part (1), also the property of persons, close to candidates, is checked, as such are determined by the Law on declaring of property and the private interests No. 133/2016, and faces specified in parts (4) and (5) article 33 of the Law on National authority by integrity No. 132/2016.

(3) Candidates for position of the member of the bodies provided by Items a) and e) parts (1), are estimated in priority procedure in relation to other candidates.

Chapter II Assessment of candidates

Article 3. Independent commission on assessment of integrity of candidates for position of the member of self-government institutions of judges and prosecutors

(1) the Independent commission on assessment of integrity of candidates for position of the member of self-government institutions of judges and prosecutors (further - the Commission on assessment) carries out assessment of integrity of candidates for position of the member of the bodies provided by part (1) Article 2.

(2) the Commission on assessment is created for evaluating candidates for position of the member of the bodies provided by part (1) Articles 2, vacant on the date of entry into force of this law or which will become vacant within seven months from the date of entry into force of this law. The chairman elected from among members of the commission by secret vote by a majority vote of members of the commission directs the commission on assessment. In the absence of the commission chairman according to its function one of members of the commission appointed the chairman carries out.

(3) the Commission chairman by assessment performs the following functions:

a) coordinates activities of the Commission on assessment;

b) convokes commission sessions by assessment;

c) presides over commission sessions by assessment;

d) represents the Commission on assessment in the relations with other physical persons and legal entities of public or private law;

e) other functions provided by this law and regulations on the organization and functioning of the Commission on assessment.

(4) the Members of the commission by assessment specified in Item a) parts (1) Articles 5, monthly earn the reward equal to the double size of base pay of the judge of the Highest trial chamber with length of service in judgeship more than 16 years.

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