of December 19, 2011 No. 180
About the National anti-corruption commission
The parliament adopts this organic law.
Art. 1. - Approve:
a) Regulations on the National anti-corruption commission (appendix 1);
b) structure of the National anti-corruption commission (appendix 2);
c) the extreme number of the National anti-corruption commission in number of 26 units.
(2) the National anti-corruption commission determines costs for implementation of the activities and plans own budget for year and at least for two next years.
(3) the Budget of the National anti-corruption commission for the next year affirms Parliament till July 1 of the year preceding it.
(4) the Parliament sends the approved budget of the National anti-corruption commission to the Government for inclusion in the bill on the government budget for the next fiscal year.
(5) the Chairman of the National anti-corruption commission is contractor of the budget of the commission, within the approved means.
(6) the National anti-corruption commission publishes in the Official monitor of the Republic of Moldova the annual statement about the financial activities.
Art. 3. - This law becomes effective since March 1, 2012, except for Items 5-9 and 11 of the Regulations on the National anti-corruption commission which become effective since February 1, 2012.
Art. 4. - To the government since March 1, 2012:
a) open financing of the National anti-corruption commission;
b) provide the National anti-corruption commission with accommodation.
Art. 5. - To the organizations (irrespective of type of property and form of business) possessing the state registers and relevant information for accomplishment of functions of the National anti-corruption commission not later than in a month from the date of receipt of request from the Commission to sign with it contracts on provision of relevant information in the on-line mode.
Chairman of the parliament
1. The national anti-corruption commission (further - the Commission) is the autonomous body of the public power independent in relation to other bodies of the public power, physical persons and legal entities, and performs the powers referred to its competence by the Law on declaring and control of the income and property of persons who are taking up responsible state positions, judges, prosecutors, government employees and some leading employees No. 1264-XV of July 19, 2002 and the Law on conflict of interest No. 16-XVI of February 15, 2008.
2. Task of the commission is implementation of the mechanism of check and control of declarations on the income and property of persons who are taking up responsible state positions, judges, prosecutors, government employees and some leading employees, declarations on private interests, and also the mechanism of the conflict resolution of interests. The commission performs the activities on the principles of legality, impartiality, independence, efficiency, right of defense and proper management.
3. The location of the Commission is the municipium of Chisinau.
4. The commission carries out with respect for the principles provided in Item 2 this provision, the following functions:
a) exercises control of declarations on the income and property and declarations on private interests;
b) states availability of obvious discrepancy between income gained during execution of position and the property acquired for the same period which cannot be proved, and addresses with respect thereto to criminal prosecution authority or tax authority;
c) requests conducting check of reliability of the data provided in declarations on private interests, bodies within which competence verification of the data provided in the corresponding declarations is according to the Law No. 16-XVI of February 15, 2008;
d) states non-compliance with legislative provisions about conflict of interest and about incompatibility and addresses to competent authorities for involvement of the corresponding persons to disciplinary responsibility or, depending on circumstances, for the termination of their mandate, the employment or office relationships;
e) addresses to degree of jurisdiction in case of establishment that one of persons falling under action of legislative provisions about conflict of interest published/adopted the administrative act, made the transaction, made the decision or participated in decision making with violation of legislative provisions about conflict of interest, for ascertaining of invalidity of the relevant act;
f) prepares the annual statement about the activities;
g) publishes all declarations on the income and property, and also on private interests on the web page and provides their permanent availability, except for the data provided in parts (2) and (3) article 13 of the Law No. 1264-XV of July 19, 2002;
i) states offenses and constitutes protocols on the offenses concerning abuse of regulations of declaring of the income and property and declaring of private interests and also protocols on non-execution of requests of the Commission.
5. The commission is the collegiate organ consisting of five equal members who are appointed to position by Parliament by a majority vote of the elected deputies for a period of five years. The member of the commission cannot perform the mandate more than one term.
6. Candidacies are proposed for position of the member of the commission in the following procedure: rub - parliamentary majority, odnaparlamentsky opposition and one - civil society by open and transparent selection of Parliament by its Commission on points of law, appointments and immunity from the candidate list, offered by public associations. If the Parliament did not vote for the candidate offered to position of the member of the commission, the subject who offered it shall appoint other candidate within 15 working days.
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