of October 17, 1997 No. 1349-XIII
About parliamentary lawyers
Witnessing the commitment of the Universal Declaration of Human Rights and to other international legal acts on human rights;
in view of that according to the Charter of the UN the state shall encourage respect and observance of human rights and freedoms;
considering need of guaranteeing to all citizens of the Republic of Moldova of right of defense of their constitutional rights and freedoms,
The parliament adopts this law.
Art. 1. - Activities of parliamentary lawyers are aimed at providing guarantees of respect for constitutional rights and human freedoms with the central and local authorities of the public power, organizations, the organizations and the companies irrespective of property type, public associations, and also officials of all levels.
Art. 2. - The means specified in this law, parliamentary lawyers promote human rights protection by the prevention of violations and recovery of the violated rights, and also to enhancement of the legislation in the field of human rights protection and to legal education of the population.
Art. 3. - Any citizen of the Republic of Moldova who is the licentiate of the right, having the high professional level, length of service in the field of law or in the sphere of the higher legal education at least five years and faultless reputation can be the parliamentary lawyer.
Art. 4. - (1) the Parliament appoints four equal parliamentary lawyers, one of whom is specialist in questions of protection of the rights of the child.
(2) the Parliamentary lawyer on protection of the rights of the child performs the powers for the purpose of guaranteeing respect for constitutional rights and freedoms of the child and realization at the national level of provisions of the Convention of the UN by the child's rights by the central and local authorities of the public power and officials of all levels.
Art. 5. - (1) Parliamentary lawyers are appointed to position by a majority vote of the elected deputies.
(2) Offers on candidates of parliamentary lawyers are made in Parliament by the President of the Republic of Moldova at least than 20 deputies of Parliament within a month before the expiration of powers of earlier appointed parliamentary lawyers.
(3) On each of candidates the motivated conclusion of parliamentary Commission on Human Rights is submitted to Parliament.
Art. 6. - (1) Parliamentary lawyers are appointed to position for five-year term. Parliamentary lawyers hold responsible state positions by appointment.
(2) the Same person more than two terms in a row cannot hold position of the parliamentary lawyer.
(3) in case of the termination of powers of the parliamentary lawyer on the bases, 9, no later than two-month term the new parliamentary lawyer is appointed stipulated in Article.
(4) the Parliamentary lawyer continues to fulfill the duties to assumption of office of the successor, except as specified early termination of execution of the obligations by it or releases it from position on the bases, stipulated in Article 9.
Art. 7. - (1) In case of assumption of office the parliamentary lawyer takes to Parliament the following oath:
"I swear fairly and to honesty fulfill duties of the parliamentary lawyer, to protect human rights and freedoms, being guided at the same time by the Constitution and the laws of the Republic of Moldova, and also the international legal acts on human rights which the Republic of Moldova joined".
(2) the Parliamentary lawyer starts fulfillment of duties from the moment of bringing of the oath.
(3) In case of assumption of office and subsequently annually parliamentary lawyer shall submit the declaration on the income and property in the procedure established by the law.
Art. 8. - (1) Parliamentary lawyers cannot occupy any elective offices, be in the service in bodies of the public power, be engaged in other paid work, except for teaching and scientific activities.
(2) Parliamentary lawyers has no right to be engaged in political activities or to be members of any batch or other social and political organization.
(3) the Parliamentary lawyer within 10 days from the moment of bringing of the oath shall stop any activities not compatible to its status, and also suspend the membership in batch or other social and political organization.
Art. 9. - (1) Powers of the parliamentary lawyer stop in case:
b) impossibility to fulfill the duties for health reasons according to the medical certificate;
c) expressions of mistrust by Parliament;
d) expirations of powers;
(2) in case of resignation or the expiration of powers the former place of employment, and in its absence (is guaranteed to the parliamentary lawyer in case of liquidation, reorganization of the company, organization, the organization, reduction of the staff of workers, etc.) the equivalent place of employment in the same or in other company, organization, the organization is provided to it from its consent.
(3) Resignation, impossibility to fulfill duties for health reasons or death are stated at the plenary session of Parliament by adoption of the resolution which takes into consideration emergence of the reason of the termination of powers of the parliamentary lawyer.
(4) the Offer on expression of mistrust can be made by the President of the Republic of Moldova or at least than 20 deputies of Parliament in case:
a) violations of obligations, stipulated in Clause 26;
b) removal of final conviction;
b-1) of approach of finality of the stating act which establishes edition/adoption of the administrative act by the parliamentary lawyer or making by it of the transaction with violation of legislative provisions about conflict of interest;
c) non-compliance with the requirements provided by part (3) Article 8.
(5) the Commission on Human Rights represents to Parliament the reasonable conclusion according to the made offer.
(6) the Resolution on expression of mistrust by Parliament is accepted by two thirds of voices of the elected deputies, except for case, stipulated in Item b) parts (4) when it is accepted by a majority vote the present deputies.
Art. 10. - (1) Parliamentary lawyers in case of execution of the powers are guided by the Constitution, this law, other laws of the Republic of Moldova, and also the Universal Declaration of Human Rights, the Convention of the UN on the child's rights, pacts and other agreements, one of the parties of which is the Republic of Moldova.
(2) with discrepancies between pacts and agreements on fundamental human rights, one of the parties of which is the Republic of Moldova, and the internal laws the international standards have priority.
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