LAW OF THE REPUBLIC OF MOLDOVA

of July 19, 2007 No. 170-XVI

About the status of the officer of information and safety

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject to regulation

(1) This law establishes legal status of the officer of information and safety of Service of information and safety of the Republic of Moldova (further - the officer of information), procedure for execution of special service under the contract as the officer of information, the disciplinary mode, the rights and obligations of the officer of information, prohibitions, protection and responsibility.

(2) In this law the officer of information means person enlisted under the contract in Service of information and safety of the Republic of Moldova (further - Service), special activities for execution of functions of Service, the material and legal support of its activities performing according to the law, matching, preparation, specialization and professional enhancement of officers of information.

(3) Fields of activity of officers of information and the functions performed by them are established by regulations of Service.

Article 2. Purpose of this law

Application of this law aims:

a) provision and guaranteeing legal status of the officer of information proceeding from the importance of the activities performed by it;

b) establishment of the separate liability of the officer of information;

c) setting standards of ethics of the officer of information;

d) enhancement of the remedies of the officer of information and ensuring its independence in case of fulfillment of duties provided by the law.

Article 3. Service as the officer of information

The service as the officer of information is special form of public service on implementation of powers, the rights and obligations of Service in the field of homeland security.

Article 4. Status of the officer of information

(1) the Status of the officer of information represents set of the rights and freedoms, obligations guaranteed by the state and responsibility of the citizen serving in this position.

(2) the Officer of information who is on duty is the representative of the public power and is under protection of the laws of the Republic of Moldova.

(3) the Officer of information has the special status provided by this law. In the part which is not regulated by this law operation of the laws regulating the status of the government employee extends to officers of information.

(4) the Officer of information owing to the job responsibilities and the charged tasks can perform also activities of military nature: preparation for mobilization, mobilization, ensuring transactions on protection of the country in case of obsidional or warlike situation, etc.

Article 5. Principles of the status of the officer of information

The status of the officer of information is based on the following principles:

a) legality;

b) restriction of the rights and freedoms of the officer of information only within the law;

c) equality before the law of officers of information irrespective of rank and position;

d) ensuring stability and succession in activities of officers of information according to the law;

e) state protection of the officer of information and members of his family.

Article 6. Basic principles and criteria of activities of the officer of information

(1) the Officer of information subordinates the professional ethics only to protection and promotion of national values and interests of the Republic of Moldova.

(2) Unconditional commitment to the constitutional principles and regulations, commitment to the Republic of Moldova, competence, honesty and professional efficiency are the main selection criteria, job development and leaving as the officer of information.

Chapter II. Office career

Part 1. Transfer in Service. Professional training

Article 7. Appointment conditions

(1) To position of the officer of information there can be nominated person which conforms to all following requirements:

a) reached age of 20 years - in case of appointment to positions for which the special rank for subofficers, or 21 years - in case of appointment to positions for which the special rank for officers is provided is provided, and has full legal capacity;

b) is citizen of the Republic of Moldova and has no nationality of other state, except nationality of the State Party of the European Union;

c) devoted to the Republic of Moldova;

d) has necessary professional training and qualification, it is suitable for service on medical and psychophysiological indications;

e) corresponds to criteria of safety;

f) knows Romanian;

g) shall before transfer in Service refuse, on circumstances, membership in batch, other social and political organization, governing body of business entity or the status of his founder, and also any other status incompatible with the status of the officer of information.

(2) the Requirements concerning professional training, qualification, medical and psychophysiological indicators and also the criteria of safety applied in case of substitution of position of the officer of information are established by the regulation of Service.

(3) person, which cannot be appointed to position of the officer of information:

a) does not conform to the requirements provided by part (1);

b) reached age limit of transfer on service - 40 years except for established by the regulation of Service of cases of need of its completing by personnel of scarce specialties on condition of age not exceeding of limit of stay on service;

c) is suspect, the person accused, the defendant or the convict;

d) it is deprived by the final judgment of the right to hold positions in bodies of the public power;

e) has the criminal records including extinguished or removed by degree of jurisdiction;

f) for the last five years has in the register of testing of professional integrity of record of rather negative test result for professional integrity for violation of obligation, stipulated in Item and) parts (2) article 7 of the Law on assessment of institutional integrity No. 325 of December 23, 2013;

g) has no right to hold the state position or responsible state position owing to the prohibition following from the stating act of National authority on integrity.

(4) Person who for any reasons cannot be accepted on public service is not accepted also to position of the officer of information.

(The candidate represents 5) For substitution of position of the officer of information:

a) the statement, the autobiography and the completed questionnaire;

b) identity certificate;

c) the statement under own responsibility for nationality of other states which it has at the time of filing of application on substitution or which had earlier, and also about filing of application about receipt of nationality of other state;

d) the document of military accounting - for persons of military age and reservists;

e) the diploma about education, the certificate on qualification confirming special preparation - for the positions requiring special knowledge and skills;

f) declaration on property and private interests;

g) ceased to be valid.

Article 8. Candidate screen

(1) Publication of the announcement of substitution of vacant positions in Service is not obligatory.

(2) Substitution of position of the officer of information is performed as a result of candidate screen according to the procedure established by the regulation of Service.

(3) in case of discrepancy of the candidate to the criteria of safety established for substitution of position of the officer of information, the Service shall not explain him causes of failure in position assignment.

Article 9. Medical examination

The candidate is subject to the complex medical examination of medical institution of Service by ad hoc commission performed at the expense of the government budget for establishment of its validity to service as the officer of information.

Article 10. Check on compliance to criteria of safety

(1) are exposed to Check on compliance to criteria of safety, with the consent of the candidate, both the candidate, and his spouse / spouses, relatives to the second degree of relationship inclusive, and also persons living together with it. The candidate who was not this the consent to such check cannot be appointed to position of the officer of information.

(2) the Procedure of check on compliance to criteria of safety is established by the regulation of Service and assumes verification of information about the candidate on operational, criminal and other accounting and records, its obligatory testing on the detector of simulation (polygraph), verification of data of the declaration on the income and property, detection of information which is according to the law obstacle for position assignment or implementation of certain types of activity and also the analysis of other information for determination of capability of the candidate to fulfill duties of the officer of information and to work with the classified information.

Article 11. Transfer in Service

(1) Transfer in Service is performed by means of the conclusion of the contract on execution of service, signing of non-disclosure obligation of the state secret and the publication of the order on position assignment.

(2) person Enlisted in Service gets acquainted under list with the regulations of ethics of the officer of information and safety provided by appendix 1, being integral part of this law.

(3) Transfer in Service does not assume purpose of probation period.

(4) the Voyennoobyazanny person accepted in Service is struck off the military register.

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