LAW OF THE REPUBLIC OF MOLDOVA

of July 4, 2008 No. 158

About the state position and the status of the government employee

The parliament adopts this organic law.

This law shifts Items (a), (b) and (d) of part (1) Article 3 of the Directive 2000/43/EU of Council of June 29, 2000 about ensuring accomplishment of the principle of equality of persons irrespective of their racial or ethnic origin published in the Official magazine of the European communities L 180 of July 19, 2000.

Chapter I. General provisions

Article 1. Subject and purpose of the law

(1) This law regulates general regime of the state position, the status of the government employee, legal relationship of government employees with bodies of the public power (further - the office relations), and also other relations following from them.

(2) the Purpose of this law is ensuring execution of stable, professional, impartial, transparent and effective public service for the benefit of society and the state.

Article 2. Basic concepts

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

public service - the activities in public concerns organized and performed by body of the public power;

body of the public power - any organizational structure or body functioning in the mode of the public power for the purpose of realization of public concerns founded by the law or other regulation;

the state position - set of the powers and obligations established on the basis of the law for the purpose of implementation of prerogatives of the public power;

the government employee - the physical person appointed according to this law to the state position;

the government employee in reserve – physical person with which employment relationships are stopped in connection with dismissal or resignation from the state position and which is included in personnel reserve of government employees;

responsible state position - the state position held owing to the mandate received directly - as a result of organized elections, or indirectly - by appointment according to the law;

vacant state position the - not replaced, free state position;

temporarily vacant state position - the state position with which owner the office relations are suspended or the owner of which is recalled or, on circumstances, provides temporary execution of the leading state position;

management of the state position and government employees - set of deyatelnost on implementation of procedures of planning of human resources, transfers, professional development, compensation and assessment of professional achievements of government employees, and also others the politician and procedures in the field of the personnel directed to optimum realization of role and strategic objectives of body of the public power.

Article 3. The activities assuming realization of prerogatives of the public power

The activities performed by government employees, assuming realization of prerogatives of the public power is:

a) development and coordination of development of documents politician;

b) project development of regulations, and also other regulating acts of body of the public power;

c) enforcement of regulations;

d) development of powers of body of the public power of the administrative acts, necessary for implementation, directed to application and accomplishment of regulations;

e) internal and external public control and audit;

f) staff management of public service;

g) planning, management and control of public financial resources;

h) tax administration;

i) representation within the established powers of interests of body of the public power in which the government employee performs activities, in the relations with physical persons or legal entities of public or private law in the country and abroad, including the sphere of justice.

Article 4. Scope of this law

(1) Provisions of this law are applied to government employees of the bodies of the public power specified in appendix 1.

(2) Provisions of this law are applied to the government employees having special status (the staff of diplomatic service, Customs Service, State Tax Service, Service according to the prevention and anti-money laundering, National authority on integrity, bodies of defense, bodies for the prevention and fight against corruption, bodies of homeland security and protection of public order established by the law other categories) in the part which is not regulated by special laws.

(3) Provisions of this law are not applied to:

a) to persons who are taking up the responsible state positions specified in appendix 2;

b) to the personnel enlisted on the basis of personal trust in office of persons who are taking up responsible state positions;

c) to the personnel of bodies of the public power performing support functions: clerical, legal, administrative, administrations of information systems, including input and information processing, the public power providing functioning of body;

with-1) the personnel employed for certain period at the expense of additional incomes and other sources;

d) to other categories of personnel which are not enabling the activities assuming the realization of prerogatives of the public power.

Article 5. Basic principles of public service

Public service is based on the principles of equality and nondiscrimination, legality, professionalism, publicity, impartiality, independence, responsibility, stability, loyalty and integrity.

Chapter II. Organization and classification of the state positions. Categories of government employees

Article 6. Organization of the state positions

The state positions are established on the basis of the acts of Parliament, the President of the Republic of Moldova, the Government and other bodies of the public power published within their powers established by the Constitution and other laws.

Article 7. Classification of the state positions

(1) According to level of authority of the owner the state positions are subdivided into the following categories:

a) the highest leading state positions;

b) the leading state positions;

c) executive state positions.

(2) Depending on complexity and nature of tasks, level of importance and responsibility each category of the state positions is subdivided into the groups specified in the Single qualifier of the state positions approved by Parliament.

Article 8. Government employees are upper managers

(1) Government employees - upper managers exercise control of the top management in bodies of the public power.

(2) the Category of government employees - upper managers includes persons designated to one of the following highest leading state positions:

a) It is excluded

b) It is excluded

c) the deputy secretary general of the Government, the secretary general of the ministry, the deputy secretary general of the ministry, the deputy manager of other central administrative authority subordinated to the Government, and the deputy manager of the administrative authority subordinated to the ministry, except as specified, directly provided by the law;

d) head and deputy manager of the office of body of the public power (The Supreme council of magistracy, Constitutional court, the Highest trial chamber, the Supreme council of prosecutors, Prosecutor General's Office, Audit Chamber, Competition council, National center for fight against corruption, Office of the national lawyer, Council for questions of equality) and deputy manager of the office of body of the public power (Parliament, President of the Republic of Moldova).

(3) Voided.

(4) For replacement of the highest leading state position person shall meet in total the following requirements:

a) correspond to conditions, stipulated in Article 27;

b) have the higher education confirmed with the diploma of the licentiate or the equivalent education document;

c) have length of service on specialty/profile of the corresponding state position at least five years;

d) have experience of management activity at least two years.

(4-1) Within 18 months from the moment of appointment to the highest leading state position person holding the corresponding position shall receive the certificate on the termination of the specialized program of preparation for occupation of the highest leading state position according to the procedure established by the Government.

(5) Position assignment of government employees - heads of the highest level, change, suspension and the termination of the office relations are made according to the law:

a) The government - on the state positions specified in Item c) to part (2);

b) heads of relevant organs of the public power - on the state positions specified in Item d) parts (2).

(6) For replacement on tender of the positions specified in Item c) parts (2), the permanent contest committee as a part of seven members consisting of the deputy secretary general of the Government, the representatives of civil society, the academic circle, specialists famous for the outstanding activities and work experience in the field of public management, and one representative of body of the public power for which competition is held appointed by the decision of the Prime Minister is created. The representative of body of the public power for whom competition is held is personally pushed by the head of this body.

The interviews organized for replacement of the highest leading state position will be promulgated through mass media within ten days after their carrying out.

(7) Structure, criteria of appointment of members, powers and procedure for creation and functioning of the commission specified in part (6), affirm according to this law the Government.

(8) For replacement on tender of the positions provided in Item d) parts (2), the contest committees according to provisions of the regulations adopted by relevant organs of the public power are created.

(9) the nominated person who is taking up responsible state position, except for the contest committees created according to part (8) cannot be the Commission chairman on carrying out tender on replacement of the highest leading state position.

The head of body of the public power cannot be appointed the chairman or the member of the commission on carrying out tender to replacement of the highest leading state position.

Article 9. Government employees are heads

(1) the Category of government employees - heads includes persons designated according to this law to one of the following leading state positions:

ceased to be valid;

b) head and deputy manager of internal division of body of the public power;

c) head and deputy manager of deconcentrated service of body of the public power;

with-1) voided 

d) It is excluded

e) It is excluded

f) It is excluded

g) the head and the deputy manager of the decentralized service organized in administrative and territorial unit and in autonomous territorial education with special status;

h) secretary of council of the village (commune), city (municipium), area and secretary of pretura;

i) ceased to be valid according to the Law of the Republic of Moldova of 21.12.2017 No. 213

j) chief of the secretariat of degree of jurisdiction;

j-1) deputy chief of the secretariat Vessels Chisinau;

k) ceased to be valid;

l) chief keeper of funds.

(2) Government employees - heads will organize, coordinate, direct and control activities, stipulated in Article 3, under the leadership of the higher government employee or person who is taking up responsible state position.

Article 10. Government employees are contractors

The category of government employees - contractors includes persons appointed according to this law to the state positions in addition to provided by Articles 8 and 9.

Head of III. Management of the state position and government employees

Article 11. Competence of the Government

(1) the Policy of the state in the field of management of the state position and government employees is within the competence of the Government and is performed through the State office.

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