ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 23, 2006 No. 977

About anti-corruption examination of projects legislative and regulations

For the purpose of creation of the effective mechanism of conducting anti-corruption examination of projects legislative and regulations Government DECIDES:

1. Approve:

Regulations on the organization of process of conducting anti-corruption examination of projects legislative and regulations according to the appendix N1;

staff of the Commission on coordinating of process of conducting anti-corruption examination of projects legislative and regulations according to the appendix N2;

2. To the center for fight against economic crimes and corruption to develop and approve methodology of conducting anti-corruption examination of projects legislative and regulations in a month.

2-1. Determine that in case of release of members of the commission from posts of their function in its structure persons who are again appointed to the corresponding positions without edition of the new order of the Government will carry out.

Appendix No. 1

to the Order of the Government No. 977 of August 23, 2006

Regulations on the organization of process of conducting anti-corruption examination of projects legislative and regulations

This provision establishes organizational base of conducting anti-corruption examination of projects legislative and regulations, namely: the general principles of conducting examination, area of examination, responsible body for carrying out, terms of carrying out and criteria of creation of examination.

I. General provisions

1. Anti-corruption examination legislative and regulations (further - examination) represents process of assessment of conformity of contents of the project legislative and the regulation to national and foreign corruption standards for the purpose of identification of regulations which favor or developments of recommendations about exception or reduction of their consequences can favor to corruption, and.

1-1. In this provision regulations are understood as regulations of the Government in value of article 2 of the Law N317-XV of July 18, 2003 on regulations of the Government and other bodies of the central and local public authority.

2. The basic principles of examination are:

legality - compliance of content of provisions to the law purposes, higher regulations;

transparency and stability of regulations;

participation of civil society in development and conducting examination of projects legislative and regulations;

exception of influence on authors of projects legislative and regulations for the purpose of promotion of quality of precepts of law and non-admission of preference to authors of the project or other interested persons;

exception of regulations which can cause contradictory interpretation and application of legal provisions.

3. Examination of projects legislative and regulations is performed concerning projects legislative and the regulations developed by bodies of the central public management.

4. Expertize is carried out in the relation both projects of the main legislative and regulations, and projects legislative both regulations about modification and amendments in legislative and regulations or recognition their invalid.

5. Projects legislative and regulations in the following areas are exposed to anti-corruption examination:

constitutional and administrative law, justice and internal affairs, human rights and freedoms;

economy and trade;

budget and finance;

education and education, culture, cults and mass media;

labor law, social insurance, health protection and families.

II. Body responsible for conducting examination

6. The body responsible for conducting examination, the Center for fight against economic crimes and corruption is (further - the Center).

7. The body, being the author of the project, shall promote carrying out project appraisal legislative and the regulation, including by consultation with the specialists qualified in the regulated area.

8. The Center can involve experts from higher educational institutions and representatives of non-governmental organizations in conducting examination in the field.

III. Terms of conducting examination

9. The project legislative and the regulation, provided for examination, is considered within 10 working days.

10. If the project volume or difficult or requires studying of additional materials, term can be prolonged about one month.

11. Calculation of term begins with receipt date and registration of the project in the Center.

IV. Procedure for conducting examination

12. Consideration of the legislative project is performed by the following criteria:

contribution to contents of the project and possible effect of reference and blanket regulations;

level of the regulating obligations transferred to competence of the central industry bodies;

identification of the conflicts of precepts of law;

the level of responsibility and obligations assigned to government employees;

assessment of ministerial control procedures (internal or higher);

level of requirements to owners of certain rights;

level of transparency of functioning of bodies of public management.

13. The expert opinion on corruptibility of the project legislative and the regulation is constituted according to the Methodology developed and approved by the Center.

14. Bodies and organizations to which the project legislative and the regulation for review in accordance with the established procedure, proceeding from the functional competences is provided in addition to the main notes on the project legislative and the regulation, allocate and estimate separately corruption elements legislative and the regulation according to the criteria provided in Item 12, and the Methodology specified in Item 13 of this provision

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