LAW OF THE REPUBLIC OF MOLDOVA

of November 13, 2008 No. 239

About transparency of decision making process

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Regulation subject

This law establishes the regulations applied to ensuring transparency of decision making process within the central and local authorities of public management, other bodies of the public power and governs the relations of these bodies with the citizens created according to the law associations, other concerned parties in respect of participation of those in decision making process.

Article 2. Concepts

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

the consolidation created according to the law - the consolidation created according to the law, or the informal consolidation of citizens created for the purpose of expression, representation and promotion of common interests of their members;

public hearing - meeting within which the bodies of the public power falling under operation of this law consult with the citizens created according to the law associations, other concerned parties concerning the discussed draft decision;

the citizen - the physical person having nationality of the Republic of Moldova and also the foreign citizen or the stateless person with the withdrawals established by the law;

public consultation - mutual exchange of opinions between the citizens created according to the law associations, other concerned parties, on the one hand, and the bodies of the public power falling under operation of this law - about another as a result of which both parties are informed and can influence decision making process;

the decision - the legal act adopted by the bodies of the public power falling under operation of this law;

public discussion - consultation method with the public within which need of adoption of the draft decision submitted for consultation is proved and various opinions are represented, and the citizens created according to the law of consolidation, other concerned parties can represent recommendations about the draft decision;

the concerned party - the citizens created according to the law of consolidation legal entities of private law who are affected or can be affected by decision making and which can influence decision making process;

decision making process - the procedure of development and decision making by the bodies of the public power falling under operation of this law;

the recommendation - any the council, the offer or opinion of advisory nature expressed in oral or written form by the citizens created according to the law associations, other concerned parties concerning developed drafts of decisions;

transparency - the provision by the bodies of the public power falling under operation of this law, all data on their activities and consultation with the citizens created according to the law associations, other concerned parties in the course of development and decision making performed for the purpose of open and exact informing.

Article 3. Scope of this law

(1) Scope of this law is set of the legal relationship established within decision making process between the citizens created according to the law associations, other concerned parties, on the one hand, and bodies of the public power - with another.

(2) the following bodies of the public power developing drafts of decisions fall Under operation of this law:

a) Parliament;

b) President of the Republic of Moldova;

c) Government;

d) autonomous bodies of the public power;

e) industry bodies of the central public management;

f) authorities of autonomous territorial educations with special legal status;

g) bodies of local public authority.

(3) also legal entities of public and private law who dispose of public financial resources fall Under operation of this law and use them.

(4) Organa of the public power hold consultations with the citizens created according to the law associations, other concerned parties according to drafts of normative and administrative acts which can have social, economic, nature protection consequences (for conduct of life and human rights, for culture, health and social protection, for local communities and public services).

(4-1) Informing the interested public and public discussion:

a) in the course of strategic ecological assessment – are performed according to provisions of the Law on strategic ecological assessment No. 11/2017;

b) in the course of environmental impact assessment of the planned activities falling under action of appendices 1 or 2 to the Law on environmental impact assessment No. 86/2014 – are carried out with observance of provisions of the Law No. 86/2014;

c) in the course of biodiversity assessment for the planned activities which do not fall under action of appendices 1 or 2 to the Law on environmental impact assessment No. 86/2014 – it is carried out with observance of provisions of the Law No. 86/2014.

(5) Provisions of this law are not applied in the course of development of decisions and holding meetings within bodies of the public power when official information, access to which is limited according to the law, and also in the course of holding the operational meetings convened by heads of relevant organs of the public power, is considered.

Article 4. Purposes of this law

This law pursues the following aims:

a) ensuring comprehensive informing on decision making process within bodies of the public power;

b) ensuring direct participation of the citizens created according to the law of associations, other concerned parties in decision making process;

c) increase in efficiency of decision making process within bodies of the public power;

d) increase in level of responsibility of bodies of the public power before citizens and society;

e) stimulation of active participation of the citizens created according to the law of associations, other concerned parties in decision making process;

f) ensuring transparency of activities of bodies of the public power.

Article 5. Principles of transparency of decision making process

Transparency of decision making process is based on the following principles:

a) informing in accordance with the established procedure the citizens created according to the law of associations, other concerned parties on initiation of development of decisions and on carrying out public consultations according to the corresponding drafts of decisions;

b) providing equal opportunities for participation of the citizens created according to the law of associations, other concerned parties in decision making process.

Article 6. Rights of concerned parties

The citizens created according to the law of consolidation other concerned parties have the right:

a) participate in the procedure established by this law in decision making process at any its stage;

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