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LAW OF THE REPUBLIC OF MOLDOVA

of June 6, 2002 No. 1104-XV

About the National center for fight against corruption

(as amended on 24-08-2021)

The Parliament adopts this organic law.

This law establishes the legal basis, the principles of activities, task, obligation and right of the National center for fight against corruption, and also service conditions in its bodies.

Chapter I General provisions

Article 1. National center for fight against corruption

(1) the National Center for fight against corruption (further - the Center) is specialized body for the prevention and fight against corruption, acts and the facts of corruption behavior, adjacent to corruption.

(2) the Center is legal entity of the public law, it is completely financed from the government budget, has treasurer accounts, seal with the image of the State Emblem of the Republic of Moldova and other necessary attributes.

(3) the Center is apolitical body, does not provide the help and does not support any political party.

(4) the Center is independent in the activities and submits only to the law. The center has organizational, functional, operational independence in accordance with the terms, established by the law.

Article 2. Legal basis of activities

(1) the Legal basis of activities of the Center are the Constitution of the Republic of Moldova, this law, other regulations, and also the international agreements, one of the parties of which is the Republic of Moldova.

(2) Provisions of this law are supplemented with provisions of the Law on the state position and the status of the government employee No. 158-XVI of July 4, 2008, the Law on the status of persons who are taking up responsible state positions No. 199 of July 16, 2010, provisions of the labor law and also, depending on circumstances, general civil, administrative or criminal regulations in the part which is not contradicting the special legislation regulating activities of employees of the Center.

Article 3. Principles of activities

The center performs the activities on the basis of the following principles:

a) legality;

b) independence;

c) impartiality;

d) preferential application of methods of the prevention of corruption in comparison with methods of fight against it;

e) observance of basic rights and human freedoms;

f) feasibility;

g) combination of public and secret methods and means;

h) combination of one-man management and collective nature;

i) cooperation with other bodies of the public power, public organizations and citizens.

Chapter II of the Task, obligation and right of the Center

Article 4. Tasks of the Center

(1) Tasks of the Center are:

a) the prevention, identification, investigation and suppression of offenses and crimes in the form of acts of corruption, acts, adjacent to them, and the facts of corruption behavior;

b) Ceased to be valid according to the Law of the Republic of Moldova of 27.12.2012 No. 319

c) ceased to be valid;

d) implementation of anti-corruption examination of drafts of legal acts and drafts of regulations of the Government, and also provided to Parliament of other legislative initiatives for the purpose of establishment of compliance to their state policy according to the prevention and suppression of corruption;

e) implementation of assessment of institutional integrity according to requirements of the Law on assessment of institutional integrity No. 325 of December 23, 2013, monitoring of implementation of plans for integrity and assessment of the made progress;

f) carrying out operational and strategic analysis of the acts of corruption adjacent to corruption of acts and facts of corruption behavior, information on analytical researches of the phenomenon of corruption;

g) compensation of the property got in the criminal way.

(2) Tasks of the Center are exhaustive and cannot be changed or added differently as the law.

Article 5. Obligations of the Center

In pursuance of the tasks assigned to it the Center shall:

a) perform the activities in strict accordance with the Constitution of the Republic of Moldova, this law and other regulations;

b) perform special search activities according to the legislation;

c) take measures for the prevention and fight against corruption, the acts and the facts of corruption behavior, adjacent to corruption, transferred to its competence including by means of implementation of anti-corruption examination of drafts of legal acts and drafts of the regulations of the Government and also provided to Parliament of other legislative initiatives with respect for the principles, criteria and the procedure of conducting examination;

with-1) to perform assessment of institutional integrity according to requirements of the Law on assessment of institutional integrity No. 325 of December 23, 2013;

d) make criminal prosecution on offenses which suppression is referred to its competence;

e) perform production on cases on the administrative offenses carried to its competence;

f) take measures for compensation of the damage caused to the state by offenses which suppression is referred to competence of the Center;

g) accept and register statements, messages, addresses and other information on offenses and to perform in the procedure established by the law of check on them;

h) ensure safety of activities and protection of the workers against encroachments in case of execution of service duties by them;

i) provide preparation, retraining and advanced training of personnel;

j) keep account of the persons liable for call-up serving in the Center as employees according to the legislation;

k) provide protection and safety of the data, components the state, bank, commercial and protected by the law other secret which became known to employees of the Center during the course of performance them the tasks assigned to the Center. This information can be provided to other bodies of the public power according to the law;

To represent 1) to Parliament at plenary meeting, to the President of the Republic of Moldova and the Government till March 31 the annual statement about activities of the Center. The annual statement is published on the official web page of the Center a month before transfer to its Parliament and Government. In case of need the Parliament and the Government can demand submission of additional activities reports of the Center.

Article 6. Rights of the Center

For accomplishment of the tasks and obligations assigned to it the Center has the right:

a) Ceased to be valid according to the Law of the Republic of Moldova of 27.12.2012 No. 319

b) Ceased to be valid according to the Law of the Republic of Moldova of 27.12.2012 No. 319

c) have the pre-trial detention center of criminal prosecution according to the law;

d) constitute protocols on the offenses carried to its competence;

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