THE ORDER OF NATIONAL AUTHORITY ON INTEGRITY OF THE REPUBLIC OF MOLDOVA

of January 25, 2022 No. 4

About approval of the Regulations on procedure for filling of the declaration on property and private interests in electronic format

Based on Art. 7 of h (3) the item (b) and Art. 14 of h (1) the item (a) and the item (h) and h (2) the Law No. 132/2016 of on National authority on integrity (it is published in the Official monitor of the Republic of Moldova, 2016, No. 245-246, by the Art. 511), the Art. VI of the item (4) the Law No. 130/2021 on modification of some regulations (it is published in the Official monitor of the Republic of Moldova, 2021, No. 264-265, by the Art. 322)

I ORDER:

1. Approve Regulations on procedure for filling of the declaration on property and private interests in electronic format (according to appendix).

2. Consider invalid the Regulations on procedure for filling of the declaration on property and private interests electronically approved by the Order of the chairman of National authority on integrity No. 15/2018 (The official monitor of the Republic of Moldova, 2018, No. 77-83, to the Art. 391) registered in the Ministry of Justice of the Republic of Moldova at No. 1305 of March 5, 2018.

3. The politician jointly with Service of interaction and public relations of National authority on integrity after registration of this order in the Ministry of Justice to provide to management of assessment, prevention and realization publication of this order in the Official monitor of the Republic of Moldova and on the web page of organization

4. This order becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Appendix

to the Order of National authority on integrity of the Republic of Moldova of January 25, 2022 No. 4

Regulations on procedure for filling of the declaration on property and private interests in electronic format

I. General provisions

1. The regulations on procedure for filling of the declaration on property and private interests electronically (further - the Provision) establish procedure for filling of the declaration on property and private interests electronically.

2. The provision is obligatory for all subjects of declaring specified in article 3 of the Law No. 133/2016 on declaring of property and private interests (further - the Law No. 133/2016), except for the subjects of the declaration provided in Article 7-1 part (7) this law.

3. The declaration on property and private interests electronically (further - the declaration) is submitted the subjects of declaring mentioned in Item 2, only through electronic service of the Information automated e-Integritate system (further - IAS e-Integritate), available on the official site of National authority on integrity according to the form provided in appendix 1 to the Law No. 133/2016.

4. Signing of the electronic declaration is performed with use of the digital signature published according to the law.

5. The electronic declaration is considered received by National authority on integrity in the following cases:

1) the Declaration is in the Section "The Provided Declarations on Assets and Private Interests" in IAS e-Integritate;

2) the Declaration is posted on the portal of declarations on the official site of National authority on integrity;

3) the Subject of declaring receives the electronic receipt confirming it giving.

6. According to article 6 of the Law No. 133/2016 when changing position within the same body, increase in position or appointment to other position the new declaration does not move. This rule is applied to internal divisions (departments, departments, management) or to the decentralized public services which directly submit to the ministries and other central administrative authorities which have no status of the legal entity and cannot represent and be effective on its own behalf.

7. If the employment or office relations were suspended for less than one tax year, the new declaration does not move.

8. If there is situation of simultaneous implementation of one, two or three obligations on submission of the electronic declaration, the subject of declaring carries out the following:

1) if the expiration of powers, the employment or office relationships takes place during the period from January 1 to March 31 and the subject of declaring submitted the annual declaration, according to article 6 of the Law 133/2016 it shall submit the declaration in connection with the termination of the office relations with indication of income gained together with family members, the cohabitant/cohabitant in the current financial year (from January 1 before the date of entry into force of the administrative act), and the property which is in ownership and private interests - for date of submission of the declaration;

2) if the expiration of powers, the employment or office relationships takes place during the period from January 1 to March 31 and the subject of declaring did not submit the annual declaration, according to article 6 of the Law No. 133/2016 it shall submit two declarations in the following priority;

a) the declaration annual with indication of income gained by the subject of declaring together with members of his family, the cohabitant/cohabitant previous tax year, and the property which is in ownership and private interests at the time of submission of the declaration;

b) the declaration in connection with the termination of the office relations with indication of income gained together with family members, the cohabitant/cohabitant in the current financial year (from January 1 before the date of entry into force of the administrative act), and the property which is in ownership and private interests for date of submission of the declaration;

3) if the expiration of powers, the employment or office relationships takes place during the period from January 1 to March 31, in the same period the subject of declaring is accepted/is appointed to other work / position and did not submit the annual declaration yet, according to article 6 of the Law No. 133/2016 it shall submit three declarations in the following priority:

a) the declaration annual with indication of income gained by the subject of declaring together with members of his family, the cohabitant/cohabitant previous tax year, and the property which is in ownership and private interests at the time of submission of the declaration;

b) the declaration in connection with the termination of the office relations with indication of income gained together with family members, the cohabitant/cohabitant in the current financial year (from January 1 before the date of entry into force of the administrative act), and the property which is in ownership and private interests for date of submission of the declaration;

c) the declaration in connection with confirmation of the mandate or position assignment with indication of income gained by the subject of declaring together with members of his family, the cohabitant/cohabitant previous tax year, and the property which is in ownership and private interests for date of submission of the declaration;

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