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LAW OF THE REPUBLIC OF MOLDOVA

of June 22, 2023 No. 165

About informers about integrity violations

The parliament adopts this organic law.

This law partially shifts the Directive (EU) 2019/1937 European parliament and Council of October 23, 2019 about protection of persons reporting about violations of the law of the Union published in the Official magazine of the European Union by L 305/17 of November 26, 2019 with the last changes made by Regulations (EU) 2020/1503 European parliament and Council of October 7, 2020 about the European suppliers of kraundfandingovy services for business and about modification of Regulations (EU) 2017/1129 and the Directive (EU) 2019/1937.

Chapter I General provisions

Article 1. Sphere of regulation

(1) This law regulates procedure of obtaining, consideration and decision making for the exposure concerning violation of the law within public and private subjects, the right and obligation of persons performing exposure of violation of the law, measure of their protection, obligation of employers, powers of competent authority on consideration of the revelations concerning violation of the law and bodies for protection of informers about integrity violations.

(2) Norma of this law are not applied to provisions about:

a) public procurements in the field of defense and homeland security if they fall under action of the regulating regulations on the state secret, and also on other data which are the state secret;

b) to professional secrecy of the lawyer;

c) confidentiality of medical information;

d) secret nature of judicial meetings;

e) implementation of criminal trial.

Article 2. Law purpose

The purpose of this law is increase in quantity of cases of exposure of violation of the law and other revelations which are of public interest, way:

a) promotions of the atmosphere of integrity and compliance with law in public and private sectors;

b) ensuring protection of informers about violations of integrity from any forms of prosecution in the context of the performed revelations;

c) preventions of prosecution and imposing of punishments for prosecution of informers about integrity violations.

Article 3. Concepts

For the purposes of this law the terms and expressions stated below have the following values:

the subsequent actions - any action taken by the employer and the competent authority responsible for consideration of exposure of violation of the law for decision making according to the warning of integrity violation, and elimination of the reported violation;

the worker - physical person, which within the last 12 months:

a) is or was according to the labor law the worker in relation to the employer;

b) is or was volunteer or the trainee in relation to the employer;

c) has or had contractual, civil legal relationship with the employer;

d) is or was the candidate for replacement of vacant position, participating in tender on employment;

e) is or was the beneficiary of social services;

f) is or was the shareholder, person who entered or is part of the administrative, leading or supervisory authority of the private subject, including as the member of administrative board or person designated in the scientific and advisory boards, in the profile commissions or in other collegiate organs organized in structure of bodies of the public power / public organizations or in case of them;

g) holds or held elective office;

the employer - the public or private subject, which:

a) entered with the worker the legal relationship connected with employment or employment legal relationship;

b) entered with the worker contractual, civil legal relationship;

c) entered with the worker the legal relationship concerning provision of social services.

In case of judges and prosecutors the Supreme council of magistracy and the Supreme council of prosecutors is considered the employer;

competent authority - the body of the public power responsible for consideration of external and public cases of exposure of violation of the law;

the warning of violations of integrity (message) - exposure of the information obtained in professional context concerning violations of the law which threaten the rights of person or interests protected by the law or cause damage to them, registered in the Magazine of revelations of violations of the law;

the informer about integrity violations - physical person which warns about violations of integrity or publicly opens information on violations of the law obtained in professional context;

professional context - the current or previous professional activity of any nature, paid or unpaid, performed within public and private subjects based on which persons can obtain information on violations of the law and can be exposed to prosecution in case of their exposure;

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