LAW OF THE REPUBLIC OF MOLDOVA

of July 19, 2002 No. 1264-XV

About 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

The parliament adopts this organic law.

Article 1. Scope of application and purpose of this law

(1) This law establishes obligation, and also procedure for 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.

(2) This law is intended for establishment of measures for the prevention and fight against unreasonable enrichment of persons who are taking up responsible state positions, judges, prosecutors, government employees and some leading employees.

Article 2. The used concepts

In this law the following concepts are used:

person who is taking up responsible state position - person holding responsible state position based on the Constitution, the Law on the status of persons who are taking up responsible state positions No. 199 of July 16, 2010 and other legal acts;

leading employees are heads, deputy managers of public organizations, state and municipal companies, commercial societies with mainly state capital, financial institutions with state or mainly the state capital;

the government employee - the physical person appointed to the state position according to the Law on the state position and the status of the government employee No. 158-XVI of July 4, 2008;

family members - the spouses/spouse, minor children and consisting dependent on person;

leading employees are heads, deputy managers of public organizations, state and municipal companies, commercial societies with mainly state capital, financial institutions with state or mainly the state capital;

leading employees are heads, deputy managers of public organizations, state and municipal companies, commercial societies with mainly state capital, financial institutions with state or mainly the state capital;

the government employee - the physical person appointed to the state position according to the Law on the state position and the status of the government employee No. 158-XVI of July 4, 2008;

family members - the spouses/spouse, minor children and consisting dependent on person;

public organizations - the organizations founded by the central or local authorities of the public power for implementation of welfare, educational and other similar functions of non-commercial nature, financed fully or partially by budgetary funds;

property - the personal and real estate including which is outside the country;

the income - any the surplus, addition or increase in property in the form of property rights or any other property benefit received by the subject of declaring or members of his family in the accounting period both within the country, and abroad irrespective of source of their origin;

obvious discrepancy - the difference between the acquired property and the gained income exceeding at least average monthly earnings received in the declared period by the subject of declaring and members of his family by 6 times.

Article 3. Subjects of declaring of the income and property

(1) Subjects of declaring of the income and property are:

a) the persons who are taking up responsible state positions, provided by appendix to the Law on the status of persons who are taking up responsible state positions No. 199 of July 16, 2010;

b) members of the Supervisory board of the Public Teleradio-Moldova Company national teleradio organization; deputies of People's assembly of autonomous territorial education Gagauzia; deputy director general of the National company of medical insurance;

c) heads and deputy managers in administrative authority (public organization) subordinated to the central industry body, at the state or municipal company, in commercial society with mainly state capital, in financial institution with state or mainly the state capital;

d) persons performing the leading and control functions in organizations of system of the state education and system of public health care;

e) personnel of office of persons who are taking up responsible state positions;

f) the government employees including having special status.

(2) Provisions of this law are applied also to persons authorized according to legal acts to make decisions concerning the property which is in property of the state or administrative and territorial units including money, or such property given the order right, and also to persons who are not government employees, but to whom the state temporarily delegates one of the specified functions.

Article 4. Subjects to declaring

(Persons listed 3, declare 1) in Article:

a) income gained together with family members in the declared period;

b) personal and real estate of all types which own on the property right, usufruct, use, accommodation, superficies or which is in ownership of the customs applicant or members of his family based on agreements of the order, the commission, trust management, and also agreements of transfer of right of possession and use (property employment, lease, leasing, free use) on the date of submission of the declaration on the income and property;

c) the property sold through intermediaries or ascended paid to relatives in the descending line, brothers, sisters and cousins-in-laws of the same degree, and also the property donated to any person;

d) financial assets, that is bank accounts, investment funds, equivalent forms of saving and investment, investment, the bond, the checks, bills of exchange, loan certificates, other documents containing property rights of the customs applicant or members of his family, the direct investments in national or foreign currency performed by it or members of his family and also other financial assets;

e) share in the authorized capital of commercial societies of the customs applicant and members of his family;

f) debts in the form of outputs (including unpaid payments), mortgages, guarantees to the third party, loans and the credits.

(2) It is excluded according to the Law of the Republic of Moldova of 19.12.2011 No. 181

(3) Assessment of property is performed according to the legislation by specifying of the cost (price) specified in the document confirming property origin (alienation, exchange, donation, inheritance, privatization, etc.).

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