Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF MOLDOVA

of April 7, 1994 No. 39-XIII

About the status of the deputy of Parliament

(as amended on 14-04-2022)

The parliament of the Republic of Moldova adopts this law.

Chapter I General provisions

Art. 1. - (1) the Status of the deputy of Parliament is determined by the Constitution, this law and the Regulations of Parliament.

(2) the Single questions concerning execution of the mandate of the deputy can be regulated by other regulations.

Art. 2. - (1) the Deputy is official and the representative of the highest legislature.

(2) In case of execution of the mandate deputies are on service of the people.

(3) Any imperative mandate is invalid.

(4) Deputies start execution of the mandate from the moment of election on condition of its subsequent recognition.

(5) the Term of the mandate of the deputy - four years. This term can be prolonged according to the procedure, established by the Constitution.

(6) the Term of the mandate of the deputy expires in day of the first legal convocation of newly elected Parliament or in case of resignation, deprivation of the mandate, incompatibility or death.

(6-1) Deprivation of the deputy mandate are made in case:

a) establishments by the stating act of making which became final it is direct or by means of the third party of the transaction, acceptance or participation in decision making without the permission of the actual conflict of interest according to the legislation on regulation of conflict of interest;

b) not submissions of the declaration on property and private interests or refusal of its giving, according to part (8) article 27 of the Law on National authority on integrity No. 132 of June 17, 2016;

c) instructions the decision of degree of jurisdiction of confiscation of unreasonable property which took legal effect.

(7) in case of resignation, deprivation of the mandate, discrepancy or death the deputy mandate becomes vacant.

(8) the Resignation is submitted to the Chairman of the parliament.

The parliament the resolution takes into consideration the resignation of the deputy and announces the mandate vacant.

(8-1) V the cases provided by part (6-1), upon the demand of National authority on integrity the decision on deprivation of the mandate is made by Parliament by a majority vote of the elected deputies.

(9) in case of death the Commission of Parliament on points of law, appointments and immunity prepares the report. The parliament the resolution takes into consideration the report of the commission and announces the mandate vacant.

(10) the Vacant mandate is distributed to the reserve candidate who is the first in the list of batch, the social and political organization or the electoral bloc, which or which was represented by the deputy whose mandate is announced by vacant. After the announcement Parliament of the mandate of the deputy vacant the Central Election Commission in five-day time considers the candidacy of the reserve candidate who is the first in the list of the competitor on elections which mandate becomes vacant and represents it to the Constitutional court for recognition of the mandate valid.

(11) the Constitutional court in ten-day time from the date of the vacancy posting of the deputy mandate recognizes valid the following mandate.

(12) in case of formation of vacancy of the mandate of the deputy elected in the single-candidate district the Central Election Commission according to the appeal of Parliament or on own initiative will organize new elections in the procedure established by the law.

(13) the Deputy elected as a result of new elections starts execution of the mandate after its recognition by the valid Constitutional court and continues its execution during the term of office of Parliament of the corresponding convocation.

Art. 3. - The deputy mandate is incompatible with:

a) post of the President of the Republic of Moldova;

b) position of the member of the government;

c) position of the national lawyer, national lawyer on protection of the rights of the child;

with-1) position of the local elected person;

d) any other paid position including provided by foreign state or the international organization, except for to the teaching and scientific activities performed out of the schedule established by Regulations of Parliament.

Art. 4. - Persons given Parliament authority for execution of the temporary order in the central state bodies can combine execution of this order with the deputy mandate within no more than six months.

Art. 5. - (1) the Deputy who is in provision stipulated in Article 3, shall within 30 days after recognition of the mandate resign from the position incompatible with the deputy mandate. Also the questions of incompatibility of positions arising in conditions, stipulated in Article 4 are resolved.

(2) If the deputy who is in one of incompatibility provisions did not satisfy the conditions provided by part (1), after specified in part (1) term his mandate stops by right.

Art. 6. - (The deputy shall tell 1) Within 30 days after recognition of the mandate to Permanent bureau all types of activity in which he intends to be engaged out of Parliament.

(2) About all changes in activities arising during execution of the mandate, the deputy shall report to Permanent bureau within no more than ten days from the date of their origin.

Art. 7. - (1) at the beginning of each legislature the Commission on points of law, appointments and immunity considers applications of deputies from the point of view of incompatibility of positions.

(2) Upon the demand of the Commission on points of law, appointments and immunity the deputy who is in provision of incompatibility of positions shall resolve question of the termination of provision of incompatibility of positions.

(3) the Questions of incompatibility of positions arising during legislature are permitted according to Article 5 and part (2) Article 6.

(4) the Deputy submits the declaration on property and private interests in the procedure established by the law.

(5) at the beginning of each legislature the Commission on points of law, appointments and immunity together with tax authorities will organize verification of declarations of deputies on income gained by them, taxable according to the Tax code, and in time from the date of submission of declarations the report which affirms Parliament by a majority vote of the present deputies submits no more than two months.

(6) Declarations of deputies on income gained by them, taxable according to the Tax code, given in three months prior to the mandate expiration, are checked not later than month before the mandate expiration by the Commission on points of law, appointments and immunity together with tax authorities about what the report which affirms Parliament by a majority vote of the present deputies is submitted.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.