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The document ceased to be valid since August 25, 2017 according to Item 2 of the Order of the Ministry of Justice of the Republic of Moldova of August 7, 2017 No. 631

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Ministry of Justice

Republic of Moldova

On April 30, 2009 No. 677

ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of April 30, 2009 No. 170

About approval of the Regulations on carrying out tender on substitution of vacant positions of the notary

(as amended of the Order of the Ministry of Justice of the Republic of Moldova of 13.09.2010 No. 347)

Based on part (3) Article 2 and part (2) article 12 of the Law N1453-XV of November 8, 2002 on notariate (The official monitor of the Republic of Moldova, 2002, 1209), with subsequent changes and amendments, I ORDER to Art. N154-157,:

1. Approve Regulations on carrying out tender on substitution of vacant positions of the notary, 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. 170

Regulations on carrying out tender on substitution of vacant positions of the notary

I. General provisions

1. This Provision establishes conditions of carrying out tender on substitution of vacant positions of the notary.

2. Tender on substitution of vacant positions of the notary (further - competition) will be organized, as a rule, two times a year, in February-March and October-November.

3. Data on vacant positions and date of the first stage of tender are published in 30 days prior to this date on the official site of the Ministry of Justice and in the Official monitor of the Republic of Moldova.

4. At least in 30 days prior to the established date of tender the Tender committee approves examination tests, theoretical questions and practical tasks which are published on the official site of the Ministry of Justice.

5. On tender notaries-trainees at whom on date of tender 1 year of training is performed are allowed.

6. The admission to tender and approval of results of tender are performed by the Commission on licensing of notarial activities (further - the Commission on licensing).

7. Competition is held by the Tender committee.

8. The tender committee is created for the period of carrying out tender and consists of six members, one of whom is the representative of the Ministry of Justice, two - notaries and three - the regular lecturers in law selected on the basis of public tender. The term of office of tender committee begins from the date of the publication of the announcement of notarial vacancies and date of tender and comes to the end along with acceptance by the Commission on licensing of notarial activities of the decision on approval of results of tender.

9. Public tender for selection of two notaries and three regular lecturers in law as members of the Tender committee will be organized by the Ministry of Justice.

10. The member of the Tender committee cannot be at the same time member of the commission on licensing.

11. The commission chairman is appointed the Minister of Justice. The staff of the commission affirms the order of the Minister of Justice.

12. Meetings of the Tender committee are considered competent if at them there are at least 2/3 of her members.

13. The decision of the Tender committee on passing of tender is made by a simple majority vote the members who are present at meeting.

14. Functioning of the secretariat of the commission is ensured by the Ministry of Justice. The secretary of the commission is appointed by the order of the minister.

15. Materials on the organization and carrying out tender, including cases for the admission to tender, works of candidates, examination sheets, sheets, summary documents, are stored 3 years. Solutions of the Tender committee and the Commission on licensing are stored 15 years.

II. Record on tender

16. At least in 20 days prior to date of tender candidates shall send to the Commission on licensing of case for the admission to tender which shall include the following documents:

a) the statement for the admission to tender, according to the appendix N 1;

b) autobiography;

c) the verified copy of the diploma about the higher legal education and appendix to the diploma;

d) verified copy of the identity certificate;

e) the verified copy of the service record if that is available;

f) response of the notary providing passing of training;

g) report of the notary-trainee on generalization of notarial practice and on passing of training;

h) certificate of lack of criminal record;

i) the medical certificates (issued narcological and psychiatric by organizations), confirming suitability of person to execution of profession of the notary from the medical point of view.

17. In case of repeated participation in tender the documents specified in subitems f) and g) Item 16, are represented in copies.

18. Cases for the admission to tender are represented to the Ministry of Justice.

19. At least in 15 days prior to date of tender commission session on licensing for the purpose of consideration of the cases provided by candidates is convoked and decision makings about the admission to tender of the candidate who receives mark "is allowed" or "rejected".

20. The decision of the Commission on licensing on the admission to tender is published on the official site of the Ministry of Justice at least in 14 days prior to date of tender. To the rejected candidate it is issued, according to the statement, the statement from the decision on variation of the statement for the admission to tender.

21. Within 24 hours after publication of the decision of the Commission on licensing the candidate who was not allowed to tender has the right to appeal the decision, under the threat of loss of the right, having made the complaint addressed to the Minister of Justice.

22. Protest is considered by the Minister of Justice within 2 days from the date of its giving. If it is stated that the refusal in the admission to tender is not reasonable, the Minister of Justice demands from the Commission on licensing to review the statement for the admission to tender of the rejected candidate.

23. Commission session on licensing about review of the statement for the admission to tender is convoked within 24 hours after the expiration, stipulated in Item 22. The commission on licensing considers the application within 2 days and informs the Minister of Justice and the applicant on results of review of the statement for the admission to tender.

III. Organization and carrying out tender

24. Tender consists of passing of two consistently excluding stages: test (1) and written statement of c of interview (2).

25. At least in 3 days prior to date of tender on the official site of the Ministry of Justice information on time and the venue of the first stage of tender is published.

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