of February 15, 2008 No. 16-XVI
About conflict of interest
The parliament adopts this organic law.
This law regulates incompatibility and the restrictions set concerning persons occupying the responsible state, state or provided by these law other positions, the conflict resolution of interests, and also procedure for submission of declarations on conflict of interest.
The concepts used in this law mean:
conflict of interest - the conflict between fulfillment of duties of post and private interests of 3 persons specified in Article in their provision as individuals which can influence in an inadequate way objective and impartial accomplishment of the powers and obligations assigned to them by the law;
public interest - general interest of society in that persons holding the state positions accepted impartial and legal decisions in case of accomplishment of the service duties;
private interest - any interest, material or non-material, 3 persons specified in Article, following from their personal needs or intentions, from actions which could be legal in their family way as individuals, from the relations with their relatives or with legal entities irrespective of property type, from the relations or personal contact with political parties, non-profit organizations, with the international organizations, and also being consequence of their preferences or obligations;
close persons - the spouse (spouse), relatives by birth or by means of adoption (parents, children, brothers, sisters, grandfathers and grandmas, grandsons, nephews, uncles, aunts) or cousins-in-laws (the brother-in-law, the brother-in-law, the sister-in-law, the sister-in-law, the father-in-law, the mother-in-law, svekr, the mother-in-law, the son-in-law, the daughter-in-law).
(1) Subjects of declaring of private interests are:
a) the persons who are taking up responsible state positions, provided by appendix to the Law on the status of persons who are taking up responsible state positions No. 199 of July 16, 2010;
b) members of the Supervisory board of the Public Teleradio-Moldova Company national teleradio organization; deputies of People's assembly of autonomous territorial education Gagauzia; deputy director general of the National company of medical insurance;
c) heads and deputy managers in administrative authority (public organization) subordinated to the central industry body, at the state or municipal company, in commercial society with mainly state capital, in financial institution with state or mainly the state capital;
d) persons performing the leading and control functions in organizations of system of the state education and system of public health care;
e) personnel of office of persons who are taking up responsible state positions;
f) the government employees including having special status.
(2) Provisions of this law are applied also to persons authorized according to legal acts to make decisions concerning the property which is in property of the state or administrative and territorial units including money, or such property given the order right, and also to persons who are not government employees, but to whom the state temporarily delegates one of the specified functions.
Persons specified in Article 3, in the course of accomplishment of the service duties shall observe the following basic principles:
a) impartial and objective service to public interest;
b) ensuring public control of activities;
c) personal responsibility and personal example.
(1) In case of accomplishment of the service duties of person, specified in Article 3, shall make decisions and make recommendations, being guided by the relevant legislation and policy of the state in the respective sphere, considering public interest and excepting personal interest.
(2) Persons specified in Article 3, not allow presence of private interests which can compromise the official decisions made with their participation, or - in cases when these decisions can be compromised with their private interests or their belonging to any organization, - to abstain from participation in acceptance or accomplishment of such decisions.
(3) Persons specified in Article 3, has no right:
a) use or allow use of the office information or any other information connected with the activities performed by them in private interests;
b) use the official position for the income acquisition which is not provided by the law or the individual employment contract;
c) use, directly or indirectly, any state-owned property in private interests;
d) use benefits of earlier occupied official position or provision.
(1) Activities of bodies of the public power, public organizations, state and municipal companies, commercial societies with mainly state capital (further - the public organizations), and also persons specified in Article 3, shall be transparent and available to public control.
(2) Persons specified in Article 3, shall carry out the service duties without prejudice and honesty.
(Persons specified in Article 3, shall declare 3) the belonging to any batch or the organization.
(4) the Public organizations shall provide the sequence and high level of openness in management of conflict of interest and its permission.
(5) the Public organizations, and also persons specified in Article 3, shall promote control over management of conflict of interest within the relevant legislation.
Persons specified in Article 3, shall act in all cases so that to be example for other government employees and other physical persons, and shall:
a) bear responsibility for how they act as the individual in case of appointment to the state position and in case of execution of the state position;
b) assume responsibility for non-admission, identification, declaring and the conflict resolution of interests for benefit of public interest.
The conflict of interest comes to light by means of:
a) initial and periodic declaring of private interests and immediate informing on emergence of conflict of interest respectively the candidate for position or person specified in article 3;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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The document ceased to be valid since August 1, 2016 according to article 25 of the Law of the Republic of Moldova of June 17, 2016 No. 133