LAW OF THE REPUBLIC OF MOLDOVA

of December 18, 2008 No. 271

About check of persons holding the state positions, and candidates for the state positions

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Regulation subject

This law determines the principles, the purposes, the procedure, forms and methods of verification of information on the citizens of the Republic of Moldova holding the state positions or applying for the state positions.

Article 2. Principles of check

It is performed with respect for the following principles:

a) legality;

b) observance of basic rights and human freedoms;

c) the impartial, fair and non-discriminatory attitude towards persons holding the state positions and to candidates for the state positions.

Article 3. Check purposes

Check is performed for the purpose of:

a) the prevention and fight against corruption in bodies of the public power;

b) preventions of occupation of the state positions persons posing threat to interests of homeland security;

c) determinations of degree of compliance of persons holding the state positions, and candidates for the state positions to requirements to transfer to the state position and extents of observance of the restrictions set by the law;

d) preventions, detection and exceptions of risk factors;

e) establishments of reliability of the data reported by persons holding the state positions and candidates for the state positions in the documents submitted for replacement of the state position;

f) accomplishment of the measures provided by the law directed to exception of factors which can pose threat to interests of homeland security.

Article 4. Risk factors

Check is performed for the purpose of the prevention, detection and exception of the following risk factors:

a) the activities contradicting interests of the state position including the activities which caused negative test result on the professional integrity or situations generating conflict of interest;

b) tolerance to high treason, espionage, terrorism, diversion, appeals to overthrow or violent change of the constitutional system or violent violation of territorial integrity of the Republic of Moldova, direct or indirect propaganda for war and other extremist activities;

c) execution of job responsibilities in damage of the Republic of Moldova, to bodies of the public power, society, basic rights and human freedoms;

d) disclosure of information which is the secret protected by the law in defiance of provisions of the legislation or negligent attitude to requirements imposed to protection of such information.

Article 5. Persons which are subject to check

Persons holding the following state positions and candidates for these positions are subject to check:

a) the responsible state positions held owing to the mandate received directly in election result, except for parliamentary or local elections, or indirectly – by appointment, specified in the Law on the status of persons who are taking up responsible state positions No. 199 of July 16, 2010, except for candidates for judgeship and effective judges;

b) the highest leading state positions and the leading state positions;

c) the positions held by contract servicemen or other persons with the special status in bodies of the public power in which the military or special service is provided, corresponding to the highest category of government employees and the leading government employees;

d) the positions held by persons delegated to diplomatic representations or consular establishments as their heads and the persons selected for delegation in diplomatic representations and consular establishments, who were earlier not holding the state positions;

e) the positions held by integrity inspectors according to provisions of the Law on National authority on integrity No. 132/2016.

Article 6. The body performing check

Check is performed by Service of information and safety.

Article 7. Informing obligation

Bodies of the public power shall inform the body performing check on cases of violation by persons holding the state positions and candidates for the state positions of the requirements and restrictions set by the law concerning the state position about the found risk factors and on other circumstances posing threat to interests of homeland security.

Chapter II. Procedure and methods of check

Article 8. Check initiation

(1) Check of persons holding the state positions and candidates for the state positions is initiated by competent authorities of the public power.

(2) Persons holding the state positions and candidates for the state positions are informed in writing on check initiation, and also on their rights and obligations in connection with check.

(3) it is not performed if person holds the state position, stipulated in Article 5, no more than five years after the previous check.

Article 9. Declaration on check

(1) Check is performed in the presence of written consent of person holding the state position, and the candidate for the state position expressed by them in the declaration on check according to the sample specified in appendix 1.

(2) After creation of the declaration on check person holding the state position, and the candidate for the state position fill in the questionnaire according to the sample specified in appendix 2.

(3) Within three working days from the date of creation the declaration on check and attached to it the completed questionnaire, two color photos of 4X5 cm in size and excerpt from the regulations regulating requirements to transfer to the state position and the restrictions set for the corresponding persons go to the body performing check.

(4) Disagreement of the candidate for the state position with conducting check attracts not transfer it to position.

(5) in case of disagreement of person holding the state position, with conducting check, person/body, having warrants of law to destination to position, dispose about its dismissal. With the consent of person holding the state position it can be transferred, on circumstances, to other position, not stipulated in Article 5.

Article 10. Check methods

(1) the Body performing check holds checking events only after receipt of the documents specified in part (3) Article 9.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info