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LAW OF THE REPUBLIC OF MOLDOVA

of May 7, 2010 No. 80

About the status of personnel of office of persons who are taking up responsible state positions

(as amended on 16-12-2020)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Regulation subject

This law regulates legal status of personnel of office of persons who are taking up responsible state positions, establishes procedure and the bases of the conclusion and the termination of the individual employment contract, the right, obligation and social guarantees of this category of personnel.

Article 2. Office of persons who are taking up responsible state positions

(1) the Office of persons who are taking up responsible state positions is the isolated internal division of body of the public power as a part of which he is founded, with own personnel, and has the status of service, department, management or head department.

(2) Own office can be had: The chairman of the parliament, vice-chairmen of Parliament, chairmen of parliamentary fractions, the President of the Republic of Moldova, the Prime Minister, the first deputy and deputy prime ministers, ministers, the national lawyer, general primar municipium of Chisinau and the CEOs of the central administrative authorities (further - persons who are taking up responsible state positions).

Article 3. The status of personnel of office of persons who are taking up responsible state positions

(1) the Personnel of office of persons who are taking up responsible state positions have the legal position provided by this law for the purpose of implementation of constitutional and legal prerogatives by persons who are taking up responsible state positions.

(2) the Personnel of office of persons who are taking up responsible state positions are enlisted for work on the basis of personal trust of person who is taking up responsible state position to which the personnel give help.

(3) Loss of personal trust of person who is taking up responsible state position involves the termination of the individual employment contract of person enlisted for work in office of persons who are taking up responsible state positions.

Chapter II. Organization and classification of positions of office of persons who are taking up responsible state positions

Article 4. Organization of office of persons who are taking up responsible state positions

(1) the Office of persons who are taking up responsible state positions is established based on the acts of Parliament, the President of the Republic of Moldova, the Government, the ministries and other central administrative authorities published within their competence established by the Constitution and other laws.

(2) the Maximum number of positions of office of persons who are taking up responsible state positions is determined within the extreme number of states approved for body of the public power as a part of which the office, in proportion to amount, complexity and specifics of mission and the functions which are carried out or subject to accomplishment is founded.

(3) Change of number of positions of office of persons who are taking up responsible state positions can be performed with limiting observance of the number of states approved for body of the public power as a part of which the office, or, depending on case is founded, in case of determination of sources of covering of the means necessary for change implementation.

(4) Powers and competence of office of persons who are taking up responsible state positions are established in regulations on the organization and the functioning of office approved by the head of body of the public power as a part of whom the office is founded according to the proposal of person who is taking up responsible state position.

Article 5. Classification of positions of office of persons who are taking up responsible state positions

(1) as a part of office of persons who are taking up responsible state positions the following positions can be founded:

a) head of office;

b) adviser;

c) assistant;

d) secretary.

(1-1) Voided.

(2) the head of office who bears responsibility in the face of manages Activities of office of persons who are taking up responsible state positions, taking up responsible state position.

(3) in the absence of the head of office of persons who are taking up responsible state positions, the management of office can be assigned to the adviser of this office.

(4) Obligations of each person enlisted for work in office of persons who are taking up responsible state positions are determined in the job description attached to the individual employment contract signed according to Article 7.

Chapter III. Transfer for work in office of persons who are taking up responsible state positions. Conclusion and termination of the individual employment contract

Article 6. General terms of transfer for work in office of persons who are taking up responsible state positions

(1) For transfer for work in office of persons who are taking up responsible state positions it is necessary to meet the following requirements:

a) have nationality of the Republic of Moldova;

b) know state language;

c) have full legal capacity;

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

e) not have unspent convictions for intentionally committed crimes.

(2) In addition to the general requirements listed in part (1), for transfer for work in office of persons who are taking up responsible state positions, person shall enjoy personal confidence of person who is taking up responsible state position to which it will give help.

Article 7. The individual employment contract of the personnel enlisted for work in office of persons who are taking up responsible state positions

(1) the Personnel enlisted for work in office of persons who are taking up responsible state positions perform the activities on the basis of the individual employment contract for certain term signed for the period of continuance in office of person who is taking up responsible state position.

(2) the Standard individual employment contract of the personnel enlisted for work in office of persons who are taking up responsible state positions affirms the Government.

(3) the Individual employment contract is signed by the head of body of the public power as a part of whom person who is taking up responsible state position and person enlisted for work in its office works.

Article 8. Appointment of personnel in office of persons who are taking up responsible state positions

(1) Appointment of personnel in office of the Chairman of the parliament is performed by the order of the Chairman of the parliament.

(2) Appointment of personnel in offices of vice-chairmen of Parliament and chairmen of parliamentary fractions is performed according to their offer by the Chairman of the parliament.

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