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The document ceased to be valid since April 1, 2019 according to article 257 of the Administrative Code of the Republic of Moldova of July 19, 2018 No. 116

LAW OF THE REPUBLIC OF MOLDOVA

of July 19, 1994 No. 190-XIII

About submission of petitions

(as amended on 31-07-2015)

The parliament of the Republic of Moldova adopts this law.

Art. 1. - This law establishes procedure for consideration of petitions of the citizens of the Republic of Moldova given to state bodies on the companies, in organizations and the organizations (further - "bodies") for the purpose of ensuring protection of their rights and legitimate interests.

Art. 1.1. - This law extends much considerations of the petitions submitted legally created organizations on behalf of collectives which they represent.

Art. 2. - This law extends to foreign citizens and persons without citizenship whose rights and legitimate interests were violated in the territory of the Republic of Moldova.

Art. 3. - (1) This law does not regulate the procedure for consideration of petitions provided by the criminal procedure, civil procedural legislation, the legislation on enforcement proceeding, the legislation on administrative offenses and the labor law.

(2) the Procedure for consideration of the applications, the concerning violations of human rights and freedoms, is regulated by the Law on the national lawyer (ombudsman) No. 52 of April 3, 2014.

Art. 4. - (1) In this law the petition is understood as any the statement, the claim, the offer, the address submitted to competent authorities including the provisional statement which protests the administrative act or not consideration of the application in the time established by the law.

(2) Provisional statements are submitted to the body which published the administrative act. If the body which published the administrative act submits to higher body, the provisional statement at the choice of the applicant can be addressed or to the body which published the administrative act or higher body.

(3) the Applicant who is not satisfied with the answer received on the provisional statement, or did not get the answer in the penal established by the law having the right to appeal to competent administrative court.

Art. 5. - (1) the Petition moves in written or electronic form in the state or other language according to the Law on functioning of languages in the territory of the Republic of Moldova.

(2) the Petition electronically shall conform to requirements imposed to the electronic document including application of the digital signature, according to the current legislation.

Art. 6. - The petitions concerning national security issues, affecting the rights and legitimate interests of big groups of citizens or containing offers on introduction of amendments to the legislation or on change of decisions of state bodies move to the President of the Republic of Moldova, Parliament and the Government.

Art. 7. - (1) Petitions concerning other questions, except specified in Article 6, move to bodies or officials to whose direct duties their decision belongs.

(2) Petitions in which are appealed the act, the decision, action or failure to act of any administrative authority or the official which violated the rights and legitimate interests of applicants move in higher body of the first instance.

(3) Petitions in which decisions of the organizations which do not have higher bodies, and also the decision of district executive committees, primeriya of cities of republican subordination are appealed move in administrative court.

Art. 8. - (1) Petitions are considered by relevant organs within 30 working days and if they do not require additional studying and consideration - without delay or within 15 working days from the date of registration, except as specified, provided by parts (4) and (5).

(2) the Term of consideration of the petition can be extended by the head of relevant organ no more than for 30 working days with the notice of the applicant if:

a) additional consultations are necessary for preparation of the answer to the petition;

b) the petition concerns the large volume of information or studying of additional materials is necessary for selection and their use by preparation of the answer.

(3) the Provisional statement is considered by the body which published the administrative act or higher body in 30-day time from the date of registration. About the made decision without delay it is reported to the applicant.

(4) the Petition (statement) in which official information is requested are considered in the terms established by the legislation on information access.

(5) the Petitions containing foreign elements are considered till 90 working days provided that within 30 working days to the applicant the answer about the measures taken concerning its petition goes. The applicant who is not satisfied with the received answer having the right to appeal to administrative court in accordance with the established procedure.

Art. 9. - (1) If the petition is within the competence of other body, the original of the petition goes to this body within five working days from the date of registration of the petition what the applicant is informed on.

(1-1) If the applicant addressed to the same body or besides to the official at the same time and/or consistently with several petitions on the same question, these petitions unite and considered with observance of stipulated in Article 8 terms, and to the applicant one answer in which references to all arrived petitions shall be made goes.

(1-2) If the solution of the questions containing in the petition is within the competence of several bodies or officials, within five working days from the date of registration of the petition the copy that goes to relevant organs and/or officials for consideration.

(1-3) Sending the petition for consideration to other body or the official within whose competence the solution of the questions containing in the petition is, body or the official can request if necessary from them the answer about consideration of the petition.

(2) It is forbidden to send to the petition to bodies or officials, actions or solutions of which are appealed.

(3) In case owing to provided by part (2) restrictions, it is impossible to send the petition for consideration to body or the official within whose competence the solution of the questions containing in the petition is, it returns to the applicant. The answer which to the applicant the petition returns is considered the answer to the provisional statement, and the applicant has the right to appeal to administrative court in accordance with the established procedure.

Art. 10. - (1) the Petition shall be signed by the author. In it its surname, name and the residence shall be entered. The petition electronically shall contain specifying of surname, name, the residence and the e-mail address of the applicant.

(2) the Petitions which are not meeting the requirements of part (1), are recognized anonymous and are not subject to consideration.

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