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LAW OF THE REPUBLIC OF MOLDOVA

of July 16, 2010 No. 199

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

(as amended on 23-09-2021)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject and purpose of the law

(1) This law regulates general regime of responsible state position, legal status of person holding such position, and also other relations following from execution of responsible state position.

(2) the Purpose of this law is ensuring effective management of the relations realized by persons who are taking up responsible state positions for the benefit of society and the state.

Article 2. Responsible state position

(1) Responsible state positions are established based on the acts of Parliament, the President of the Republic of Moldova and the Government published within their competence established by the Constitution and other laws.

(2) the Responsible state position is the state position held owing to the mandate received directly in election result, or, indirectly, by appointment according to the law.

(3) Responsible officials are persons who are taking up responsible state positions based on the Constitution, this law and other legal acts.

Article 3. Scope of this law

(1) Provisions of this law are applied to persons who are taking up the responsible state positions specified in appendix to this law.

(2) Provisions of this law are applied to persons holding responsible state positions in that part in which their status is not regulated by special laws. If the legal decisions provided by this law and the special law regulating activities of this responsible official differ, applied provisions of the corresponding special law.

Article 4. Basic principles of execution of responsible state position

Execution of responsible state position is based on the principles of legality, voluntariness, transparency, personal example, responsibility and loyalty.

Chapter II. Implementation of powers

Article 5. Basic rights when implementing powers

When implementing powers person who is taking up responsible state position has the following basic rights:

a) decision-making power within the competence provided by the law and requirements of their execution;

b) the right of reclamation and obtaining in accordance with the established procedure information and the materials necessary for execution of position, and, if necessary, right of access to documents and information, containing the state secret;

c) the visit right, as obliges or in connection with the address, for execution of the job responsibilities and in accordance with the established procedure other bodies of the public power, physical persons and legal entities of public or private law;

d) the right to security of person adequate and respect from subordinate, other officials and citizens;

e) the right to compensation and encouragement according to the law;

f) the right to continuous professional development for the budget account from which compensation is made;

g) the right to health protection, safety and favorable conditions for effective fulfillment of post;

h) delegation of the execution right on its own behalf acts, signing of documents in the absence if the special laws regulating activities of the responsible official or the sphere of its activities do not provide other.

Article 5-1. The obligation on professional integrity

Persons who are taking up responsible state positions shall observe provisions of Items a), b) and d) parts (2) article 7 of the Law on assessment of institutional integrity No. 325 of December 23, 2013.

Article 6. Replacement of responsible state position

(1) Replacement of responsible state position is made by means of elections or appointment according to the law.

(2) If the responsible state position is replaced by means of elections, legal cause of emergence of the relations connected with execution of position is recognition of the mandate by competent authority if the special law does not provide other.

(3) If the responsible state position is replaced to destination, the act of appointment is legal cause for emergence of the relations connected with execution of position.

(4) For replacement of some responsible state positions by appointment competition will be organized if it is provided by the special law.

(5) the Body which competence includes appointment to the corresponding responsible position does it as obliges or according to the offer of authorized body.

(6) the Responsible official takes the oath if this obligation is provided by the special law regulating its activities.

Article 7. Term of office

(The Term of office of the responsible official constitutes 1) 4 years if the Constitution or the special law regulating activities of this person do not establish other term.

(2) Execution of responsible state position is not limited to certain number of mandates if the special law regulating activities of the responsible official does not provide other.

(3) If fixed term of powers expires or expired, and the successor of powers did not start execution of job responsibilities, the responsible official continues to fulfill the duties before replacement of position with successor of powers.

Article 8. Representative powers

(1) the Responsible official who is the head of body of the public power having the right to represent it or to perform the prerogatives without special authorization concerning other bodies of the public power, domestic and foreign physical persons and legal entities of public or private law, including in degrees of jurisdiction.

(2) the Responsible official performing powers in body of the public power without being his head, can represent relevant organ without special authorization in the relations with other bodies of the public power, domestic and foreign physical persons and legal entities of public or private law, including in degrees of jurisdiction, within prerogatives of responsible state position.

Article 9. Implementation of powers and working hours

(1) the Responsible official performs the powers continuously during all effective period of the mandate.

(2) Duration of working hours of the person who is taking up responsible state position, including worked over the normal duration of working hours is regulated by the provisions of the labor law applied as appropriate in part in which it is not established by the special law regulating activities of this person.

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