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Ministry of Justice

Republic of Moldova

On April 30, 2009 No. 676

ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of April 30, 2009 No. 169

About approval of the Regulations on activities of Disciplinary board of notaries

(as amended of the Order of the Ministry of Justice of the Republic of Moldova of 14.02.2013 No. 57) 

Based on part (3) Art. 2 and Art. 22.1 of the Law N1453-XV of November 8, 2002. (The official monitor of the Republic of Moldova, 2002, N 154-157, Art. 1209), with subsequent changes and amendments, I ORDER:

1. Approve Regulations on activities of Disciplinary board of notaries, according to appendix.

2. Publish this order in the Official monitor of the Republic of Moldova.

 

Minister of Justice

Vitaliye Pyrlog

Appendix

to the Order of the Minister of Justice of the Republic of Moldova of April 30, 2009 No. 169

Regulations on activities of Disciplinary board of notaries

I. General provisions

1. This Provision establishes procedure for activities of Disciplinary board of notaries (further - Board).

2. The board has the following powers:

a) initiates the disciplinary procedure concerning the notary and establishes disciplinary violations;

b) considers, according to the statement of the Minister of Justice and notaries, the address about violation by notaries of professional obligations and/or the Code of ethics of notaries;

c) makes decisions according to the initiated disciplinary procedures.

3. The board performs the activities according to the Law on notariate (further - the Law), this Provision and the Code of ethics of notaries.

4. Members of Board shall keep professional secrecy and not disclose information which became to them known during the disciplinary procedures initiated in the relation of notaries.

5. Annually till March 1 the Board represents to the Minister of Justice the official report about results of the performed activities.

II. Organization of activities of Board

6. Seven members are part of Board: 1 representative appointed by the Minister of Justice, 2 regular teachers in the field of the right, 3 notaries and 1 representative of civil society elected on the basis of the competition organized by the Ministry of Justice.

7. The chairman of Board is appointed the Minister of Justice. The staff of Board affirms the order of the Minister of Justice.

8. The term of office of Board constitutes 4 years. The member of Board has the right to execution of powers during no more than two consecutive terms. The member of Board cannot be at the same time member of the commission on licensing of notarial activities.

9. Powers of the member of Board stop in case:

a) mandate expirations;

b) withdrawal of the mandate the Minister of Justice if the member of Board unreasonably did not participate at two consecutive meetings or four meetings within one calendar year;

c) the resignation accepted by the Minister of Justice;

d) applications of authority punishment for committed violation in the course of execution of notarial activities;

e) final conviction for making of intentional crime;

f) death.

10. Election of the new member of Board on vacant position is made within 1 month from the date of emergence of vacancy according to the procedure, established for forming of Board. The new member of Board will have the mandate for the remained time of the mandate of the member of Board to the place of which it was chosen or appointed. In case of dissolution of Board the new structure has the mandate for a period of 4 years.

11. The board is convoked on meetings as required, but at least once a quarter. Meetings of Board are convened upon the demand of the Minister of Justice, the chairman of Board or according to the proposal 1/3 of members of Board.

12. The board considers disciplinary cases in structure at least 2/3 of her members.

13. The decision on disciplinary case is made by a majority vote members of Board who are involved in consideration of the case.

14. The chairman, and in case of its absence - one of members at the choice of Board presides over meetings of Board. The chairman will organize activities of meetings and provides accomplishment of powers of Board.

15. Activities of the Secretariat of Board are provided with the Ministry of Justice. The secretary of Board is appointed by the order of the Minister of Justice.

16. The secretary of Board has the following powers:

a) records correspondence;

b) prepares necessary documents for holding meeting;

c) informs members of Board on date, time and the venue of meeting and on the agenda;

d) constitutes protocols of meetings of Board;

e) archives materials of Board;

f) follows other instructions of the chairman of Board.

III. Consideration of addresses about disciplinary responsibility of notaries

17. Addresses on actions of notaries in which disciplinary violations are specified are addressed to Board.

18. Owing to preliminary verification of the address the Board solves based on the motivated resolution depending on case:

a) initiate the disciplinary procedure;

b) reject the statement as unreasonable.

19. Before imposing of authority punishment the Board shall perform preliminary inquiry of disciplinary violation.

IV. Preparation put for consideration in Board

20. For preliminary inquiry of disciplinary violation the speaker from members of Board for the purpose of preparation of case for consideration in Board is appointed.

21. For the purpose of preparation of case for consideration in Board the speaker performs investigation and on its basis, within no more than 15 working days from the date of appointment, constitutes the report containing identification data on the notary who made offense, the detailed description of violation and circumstance in case of which it was made, and the characteristic of the notary as persons.

22. Threats, intimidations, promises performed for the purpose of receipt of proofs or proofs, statements or rendering influence on results of preliminary inquiries are prohibited.

23. Throughout preparation put the notary who made offense has the right to make requests, to offer explanations, to produce the new evidence or documents for the protection which shall be checked and included in case.

24. During investigation the notification and zaslushaniye of the notary who made offense signing of the statement in the support are obligatory. The talk with the applicant, and also with other persons whose statements can clear the facts of the case will be had if necessary, will be performed checks of records, to gather information through the means provided by the law.

25. About refusal of the notary of participation in hearings and provision of explanation of the minor offense which is rather imputed to it the mark in the report becomes, and disciplinary trial continues by right.

26. Join in case papers:

a) the registered address;

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