LAW OF THE REPUBLIC OF MOLDOVA

of April 25, 2008 No. 90-XVI

About the prevention of corruption and fight against it

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Scope of application and purpose of the law

This law establishes measures for the prevention of corruption and fight against it, providing protection of the rights and freedoms of person, public concerns, homeland security, and also mitigation of consequences of acts of corruption.

Article 2. Basic concepts

For the purpose of this law the following basic concepts are used:

corruption - the illegal act affecting normal execution of job responsibilities and consisting in use by the subject of the act of corruption or the fact of corruption behavior of the official capacity for purchase, acceptance or consent to acceptance, directly or indirectly for or for other person, material benefits or not receivable benefit or in the illegal promise, the offer or provision to subjects of acts of corruption of material benefits or not receivable benefits;

material benefits - the material or non-material, movable or immovable values received by all means and also the legal acts or other documents certifying the right to them;

not receivable benefit - services, privileges, privileges, release from obligations and other benefits unfairly improving situation in comparison with that in which there was person before making of the act of corruption or the fact of corruption behavior.

Article 3. Legal basis

(1) Legal relations in the field of the prevention of corruption and fight against it are regulated by this law, other legal acts, and also international treaties which party is the Republic of Moldova.

(2) Measures for the prevention of corruption and fight against it can be regulated also by other regulations adopted according to this law.

Article 4. Subjects of acts of corruption or facts of corruption behavior

Provisions of this law are applied:

a) to the government employees, persons who are taking up responsible state positions, to workers of office of persons who are taking up responsible state positions, to employees of autonomous or regulating authorities of the public power, competitors on elections, to authorized representatives of competitors on elections and to other persons, stipulated by the legislation;

b) to persons managing commercial, public or other non-state organizations;

c) to foreign public figures and the international employees.

Chapter II. Measures for the prevention of corruption

Article 5. Guarantees of the prevention of corruption

(1) as Guarantees of the prevention of corruption serve the politician and the practician in the respective area, the representing complex of the legislative, institutional, economic, social and moral measures realized by regulation:

a) organizations of activities of bodies of the public power;

b) behavior of government employees, persons who are taking up responsible state positions, and the other persons rendering public services;

b-1) of legal regime of gifts;

c) organizations of anti-corruption examination of drafts of legal acts and drafts of regulations of the Government, public discussion of developed projects and assessment of institutional risks of corruption;

d) procedure for forming of public finance and management of them;

e) participations of civil society and information access in decision making process;

f) information access about measures for the prevention of corruption and results of their application;

g) private sector of national economy;

h) preventions of legalization of illegally poluyochenny income and unreasonable property, prevention of illegal enrichment and conflict of interest;

i) political activities and the electoral process;

j) other measures necessary for realization of the purposes of this law.

(2) Organa of the public power adopt own programs in spheres of the activities for realization of National strategy for the prevention of corruption and fight against it.

Article 6. Organization of activities of bodies of the public power and government employees

(1) the Organization of activities of bodies of the public power and government employees is provided with legislation provisions which provide:

a) the strict differentiation of powers of bodies of the public power and their employees based on the principles of transparency and objectivity;

b) hierarchical control and control from civil society of activities of bodies of the public power and their employees;

c) enhancement of structure of public service and the procedure of the problem resolution infringing on interests of physical persons and legal entities;

d) material basis and social guarantees of implementation of activities depending on the competence and responsibility corresponding to position;

e) establishment of special requirements, restrictions and prohibitions, acceptance criterions for work, position assignments and promotions in position, necessary for exception of conflict of interest, protection of the constitutional mode, the rights and legitimate interests of physical persons and legal entities;

f) necessary balance between the jurisdictional immunities provided to different categories of government employees.

(Execution of the state positions shall provide 2):

a) establishment of rules of conduct proceeding from specifics of execution of each state position or responsible state position;

b) observance of deontological rules in bodies of the public power by means of application of disciplinary and other actions concerning persons breaking the established regulations;

c) knowledge and strict observance of the regulations regulating activities of government employees, persons who are taking up responsible state positions, and the other persons rendering public services;

d) approval of the measures encouraging informing by government employees, persons who are taking up responsible state positions, the other persons rendering public services about acts of corruption of which they knew in case of execution of job responsibilities.

Article 6-1. Legal regime of gifts

(1) the Subjects specified in Item and) Articles 4, are forbidden to ask or accept the gifts, services, privileges, offers or any other benefits intended for them personally or for their families if their offer or provision is directly or indirectly connected with execution of service duties.

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