LAW OF THE REPUBLIC OF MOLDOVA

of June 8, 2012 No. 131

About the state control

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Purpose, subject of regulation and scope of this law

(1) the Purpose of this law consists in strengthening of legal and institutional basis in the field of implementation of the state control of business activity (further - control). In part in which provisions of special laws contain the reference to this law provisions of this law are applied to activities of monitoring bodies to persons which are not performing business activity and/or to the objects used by them or which are in their property.

(1-1) Tasks of this law are:

a) ensuring higher level of environmental protection, life, health and property of persons, and also protection of the basic rights and freedoms which are the purpose of this law;

b) supervision of introduction on the market and the product circulation in the market for the purpose of ensuring its safety;

c) implementation of analysis system of risks on the basis of criteria of risk.

(2) the Subject of regulation of this law are:

a) organization and control;

b) establishment of the basic principles of control;

c) establishment of the procedure of control.

(3) Provisions of this law are applied in that measure in what they do not contradict the relevant provisions of the law regulating control and supervising activities of such central public regulating authorities as National regulation agency in power, National regulation agency in the field of electronic communications and information technologies Competition council, Council for television and radio, the National center for personal data protection - within areas of their activities.

(4) Provisions of this law do not extend on:

a) activities of criminal prosecution authorities, including the actions for control performed by criminal prosecution authorities necessary for a start and implementation of criminal prosecution;

b) the control exercised by monitoring bodies in the course of external public audit and internal audit concerning procedure for education, management and use of public financial resources and management of state-owned property which is regulated by special laws;

c) the control applied in financial area (bank and non-bank);

d) the control applied when crossing frontier and the control applied in the field of customs affairs, except for the subsequent customs control in the form of post-customs audit. Provisions of this law are applied to the last only regarding registration, supervision and the reporting under control in the State register of control;

e) the control which is carried out by the State Tax Administration, except for registration, supervision and the reporting under control in the State register of control;

f) the control which is carried out for the purpose of identification of the cases/facts of implementation of business activity without registration in the Agency of the state services or in other competent authority of the public power or with the registration act declared invalid.

(5) provisions of this law regarding planning of control, preparation of the plan of control and frequency of planned control, initiation of control and the notification on it, contents and procedures of issue/registration of the direction for control are not applied To control of transport transactions, and also the control of road vehicles, railway vehicles, courts and aircrafts which are carried out by monitoring bodies in the sphere of transportations for the purpose of supervision of reliability and safety.

(6) To the control exercised according to the Law on official control for the purpose of check of compliance to the fodder and food legislation and the rules concerning health and wellbeing of animals, No. 50/2013, and also to control of compliance with law in the field of work, health protection and labor safety and to control in the field of environmental protection and rational use of natural resources of provision of part (1) article 18 of this law are applied according to the solution of management of monitoring body. According to regulations of the laws which regulate control activities in the specified spheres part provisions (1) Article 18 will not be applied according to the solution of management of monitoring body if to demand it the chosen control method, specific aspects of the checked products, services or objects or high risk level and profile/a history of the checked face for the purpose of ensuring more effective control and achievement of higher level of observance of requirements with the checked face.

Article 2. Basic concepts

For the purpose of this law the following concepts are determined:

control – all actions for check of observance by persons who are subject to control, legislation provisions, performed by the body equipped with control functions, or group of such bodies;

joint control – control in which controllers at the same time participate from two or more monitoring bodies;

unannounced inspection – the control which is not included in the annual plan of control and performed for the purpose of check of observance of the requirements established by the legislation;

planned control – the control exercised according to the annual plan of control on the basis of risk analysis and risks assessment according to criteria of risk;

the direction on control – the act based on which planned and/or unannounced inspection is initiated;

the inspector - person authorized according to the direction on control on implementation of planned and/or unannounced inspection;

checking leaf – the procedural document approved by the regulation which contains in accordance with the established procedure the facts, property, properties, sources of information, procedure and action which are subject to check and/or accomplishment within procedural rules for certain type and method of the state control;

monitoring of persons which are subject to control – set of actions taken by bodies, the equipped control functions for collection and the analysis (periodic or permanent) information or proofs in any manner, other than the state control;

object of control – structural/functional division of person which is subject to control into which individual set of aspects concerning which control in certain area is required (property, engineering procedures, services, documents, data carriers), to which when planning control it is possible to apply all range of criteria of risk and on which analysis results it is possible to state observance of requirements of the legislation enters;

the body equipped with control functions (monitoring body) – the body of public management founded according to the law, operating in the mode of body of the public power for the purpose of realization of public interest, equipped with control functions, and also the control initiation right;

person which is subject to control (the checked face) – any physical person and/or legal entity which is subject to control. The division of person can be acknowledged as the individual if it is identified as full-fledged object of control in one of areas of control and is located separately from the location of the legal entity which part is;

the plan of control (plan) – analysis result of risks based on criteria of risks in case of which means persons which are subject to control, priority and priority of the control planned concerning these persons depending on degree of the risk connected with each of them and also the document based on which the decision of monitoring body to carry out specific number of scheduled inspections concerning the determined number of persons within one calendar year is made are determined;

the protocol of control – the statement which is drawn up by results of unannounced or planned inspection in which ascertainings/results of control are registered (in narrative recitals) methods of elimination of violations and/or rationing arrangements are ordered, in case of need, (in directive part) and, on circumstances, offenses are stated and penalties are imposed (in sanctions part);

The state register of control – the consolidated public register of accounting of control which is filled in by monitoring bodies and which without fail conducts the body of the central public management responsible for supervision over control;

risk – probability of damnification and/or emergence of threat as a result of activities of physical person or legal entity and degree of such damage;

supervision of bodies, the equipped control functions – set of actions taken by the body of the central public management responsible for supervision over control by means of the permanent or periodic information analysis or proofs characterizing with certain probability of variation from legislation provisions without intervention in activities of the bodies equipped with control functions.

Article 3. Basic principles of control

(1) the Basic principles of control are:

a) the prevention of violation of the law by means of advisory aspect of control;

b) objectivity and impartiality when planning and implementing the state control, creation of the documents relating to control, the instruction of measures and assignment of punishment. Any groups cannot influence implementation of the state control, advancing the interests;;

c) control on the basis of the analysis and risks assessment;

d) presumption of conscientiousness and observance by person who is subject to control, legislations;

e) transparency of the individual and regulating acts issued by monitoring body;

f) legality and respect for the powers which are directly provided by the law, monitoring body so that to provide the correct, ordered and consecutive implementation of the state control according to requirements of the legislation;

g) harmony of control and feasibility of its initiation - monitoring procedure on the basis of risks assessment only when it is necessary for implementation of the functions by monitoring body and when all other methods of check of compliance with law by person who is subject to control were exhausted;

h) harmony and feasibility concerning duration and procedure for monitoring procedure – control in perhaps shorter terms depending on the basis shown by monitoring body, and also correlation of ongoing efforts and applicable control method to risk level;

i) accounting of all actions and control acts;

j) the right of appeal of any action or the act of the inspector and compensation of the caused damage;

k) non-admission of availability of valuable interest of the inspector by exception of direct contribution to the budget of the relevant monitoring body of the amounts of collectable penalties;

l) non-admission of violation and/or suspension of operations of the checked face;

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