ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of November 21, 2024 No. 350

About approval of the Regulations on activities of the Commission on licensing of legal executives

Based on part (8) article 12 of the Law No. 113/2010 on legal executives (repeated publication: The official monitor of the Republic of Moldova, 2024, 98) I ORDER to Art. No. 73-75,:

1. Approve Regulations on activities of the Commission on licensing of legal executives it (is applied).

2. Declare invalid the Order of the Minister of Justice No. 331/2015 on approval of the Regulations on activities of the Commission on licensing and procedure for the admission in profession of the legal executive, with subsequent changes (The official monitor of the Republic of Moldova, 2015, Art. No. 206-210, 1356).

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

Approved by the Order of the Ministry of Justice of the Republic of Moldova of November 21, 2024 No. 350

Regulations on activities of the Commission on licensing of legal executives

I. General provisions

1. The regulations on activities of the Commission on licensing of legal executives (further - the Provision) establish the status, structure, procedure for the organization and functioning, the right, obligation and power of members of the commission on licensing of legal executives (further - the Commission).

2. The commission is collegiate, authorized body without the status of the legal entity, independent in case of execution of powers, is created by the order of the Minister of Justice.

3. The mission of the Commission consists in ensuring transparent process of the admission to profession of the legal executive based on the principles of equality, professionalism, impartiality.

4. The clerical work and material and technical resources of the Commission are provided with National union of legal executives.

5. Legal basis of activities of the Commission is the Law No. 113/2010 on legal executives (further - the Law No. 113/2010) and this Provision.

II. Structure and procedure for the organization of the Commission

6. The commission is created according to provisions of article 12 of the Law No. 113/2010.

7. The nominal structure of the Commission, including replacement members of the nominal Commission affirm the order of the Minister of Justice.

8. The representative of civil society, and also his replacement representative, are selected on competitive basis by the mixed commission consisting of representatives of the Ministry of Justice and National union of legal executives according to the regulations approved by the order of the Minister of Justice.

9. The term of office of members of the commission constitutes four years and cannot be renewed.

10. Membership in the Commission is incompatible with membership in Disciplinary board, the Commission on professional ethics, Audit committee and in Council of National union of legal executives.

11. The term of office of members is estimated from the date of the publication of the order of the Minister of Justice.

12. The commission chairman will organize and directs activities of the Commission it. In the absence of the commission chairman its functions are performed by the vice-chairman of the Commission.

13. The chairman and the vice-chairman of the Commission are elected on the first commission session from among members of the commission by secret vote, by a majority vote. If the chairman and/or the vice-chairman of the Commission cannot be elected no more than at two meetings in a row, their functions are performed by the senior on age.

14. The secretary of the Commission and his deputy is appointed by National union of legal executives from number of persons employed of the Union.

15. The termination and suspension of membership, and also withdrawal of the mandate of the member of the commission happen according to provisions of article 13 of the Law No. 113/2010.

16. The procedure of withdrawal of the mandate can be initiated by the Minister of Justice or the Congress of National union of legal executives. The offer on response of members - legal executives is submited to Council of National union of legal executives. The offer on response of the members appointed by the Ministry of Justice and the representative of civil society is submited to the Minister of Justice. The offer on response of the representative of civil society is considered by the Ministry of Justice together with National union of legal executives.

17. The petition for response is considered;

1) within no more than 15 working days after its obtaining - in case of the members appointed by the Ministry of Justice;

2) at the next meeting of the Congress of National union of legal executives - in case of the members appointed by the Congress of National union of legal executives;

3) within 60 days from the moment of its registration - in case of the member representative of civil society.

18. Appointment of other member of the commission to vacant position is performed according to the procedure, provided by part (7) article 13 of the Law No. 113/2010.

19. At least in two months prior to the expiration of powers of members of the commission the National union of legal executives and the Ministry of Justice provide appointment of new members, including replacement members.

III. Operating procedure of the Commission

20. The commission performs the activities at the regular meetings as required.

21. Commission sessions are convoked upon the demand of the commission chairman, upon the demand of the Minister of Justice, at the initiative of Council of National union of legal executives or upon the demand of 1/3 members of the commission.

22. The commission is convoked on the first meeting by the Ministry of Justice within no more than 10 working days after its creation.

23. Meetings are competent if at them there are at least five members of the commission.

24. Decisions of the Commission are made by a majority vote her members, constituted in writing and published on the official web page of the Ministry of Justice and National union of legal executives. Members of the commission cannot abstain from vote. Decisions are made by open voting if the law or this Provision do not provide other.

25. The member of the commission who cannot be present at meeting the replacement member replaces. If the Commission establishes availability of conflict of interest concerning one of the members, it is replaced by the replacement member.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info