of July 19, 1996 No. 950-XIII
About disciplinary board and disciplinary responsibility of judges
The parliament adopts this law.
(1) the Disciplinary board is formed under the Supreme council of magistracy for the purpose of consideration of questions of disciplinary responsibility of judges.
(The Term of office of disciplinary board constitutes 2) 4 years. The member of disciplinary board can perform the powers no more than two terms in a row.
(1) the Disciplinary board is effective in the following structure:
a) two judges of the Highest trial chamber, two judges of appeal chambers and one judge from courts;
b) five regular teachers.
(2) In structure of disciplinary board high councilors of magistracy and qualification board, and also chairmen and deputy chairmen of degrees of jurisdiction cannot be elected.
(3) the Chairman of disciplinary board and his deputy are elected by open or secret vote at the first meeting of board. The chairman of disciplinary board is elected from among regular teachers. The candidate who received majority of votes of the members of board who are present at meeting is considered the electee.
(4) Members of disciplinary board perform the powers on a voluntary basis with preserving the salary on place of employment.
(1) Members of disciplinary board from among judges of the Highest trial chamber, appeal chambers and courts are elected by open or secret vote at meetings of judges of the relevant degrees of jurisdiction called by the Supreme council of magistracy.
(2) the Meeting of judges at which members of disciplinary board are elected is competent if most of judges of the relevant degree of jurisdiction participates in it.
(3) the candidate who collected more than a half of votes of attendees is considered the Elected to structure of disciplinary board.
(4) If the number of the candidates who received more than a half of votes was smaller, than it is necessary, repeated elections are held.
(5) Results of vote are entered in minutes of meeting which are signed by the chairman and the secretary. In 5-day time after holding meeting the protocol goes to the Supreme council of magistracy.
(6) Two members of disciplinary board from among regular teachers are appointed by the Supreme council of magistracy, and triministry justices.
(1) If the person elected or appointed the member of disciplinary board does not hold more position, provided by part (1) Articles 2, the body which chose or appointed it within 45 days provides election or appointment of the new member.
(2) Elections or appointment of the new member of disciplinary board instead of disposed are carried out according to the procedure, stipulated in Clause 3.
(3) in case of disposal of the member of disciplinary board less than in six months prior to the expiration of powers elections of the new member instead of disposed are not carried out.
The disciplinary board reports on the activities in half-year and in year to the Supreme council of magistracy. Reports are published on the web page of board in the Internet.
Voided according to the Law of the Republic of Moldova of 05.07.2012 No. 153
Disciplinary board:
a) considers questions of disciplinary responsibility of judges;
b) resolves issues of early withdrawal of authority punishments.
(1) the Chairman of disciplinary board will organize work of board, directs its clerical work, distributes obligations between members of board.
(2) In case of temporary absence of the chairman of disciplinary board of its obligation the vice-chairman or one of members of board carries out.
(1) the Judge can be brought to disciplinary responsibility in case of making of the disciplinary violations specified in article 22 of the Law on the status of the judge.
(2) Cancellation or change of the judgment does not attract responsibility if the judge who took out it did not allow violation of the law purposely or owing to heavy offense.
(3) Disciplinary violation is also the failure to provide of organizational activities of degree of jurisdiction its chairman or the vice-chairman.
(1) the Right of initiation of disciplinary production belongs to any high councilor of magistracy.
(2) Disciplinary production concerning high councilors of magistracy and members of disciplinary board is initiated at the initiative of at least than three high councilors of magistracy.
The judge can be brought to disciplinary responsibility no later than six months from the date of offense detection, apart from time of his disease or leave, but no later than one year from the date of offense making. In case making by the judge of minor offense follows from the final decision of national or international degree of jurisdiction, authority punishment is imposed within one year from the moment of finding by the decision of national or international degree of jurisdiction of final nature.
(1) In case of initiation of disciplinary production person initiating it production, or judicial inspectors perform preliminary check of the bases of involvement of the judge to responsibility and request at it written explanation.
(2) To the direction of materials of disciplinary production for consideration person concerning whom production is initiated shall be acquainted with them. This person has the right to furnish explanations and proofs and to declare the petition for conducting additional check.
Voided according to the Law of the Republic of Moldova of 05.07.2012 No. 153
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The document ceased to be valid since January 1, 2015 according to article 42 of the Law of the Republic of Moldova of July 25, 2014 No. 178