LAW OF THE REPUBLIC OF MOLDOVA

of May 4, 2012 No. 98

About the central branch public management

Based on part (1) and Item r) parts (3) article 72 of the Constitution of the Republic of Moldova

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject and purpose of the law

(1) This law installs institutional system of the central branch public management and regulates general regime of its functioning, the fundamental principles of its organization and functioning, and also the legal relations following from activities of the ministries, the State office and other central administrative authorities.

(2) the Purpose of this law consists in ensuring democratic character, legality, efficiency and transparency of the organization and functioning of the central branch public management.

Article 2. Scope of application

(1) the ministries, the State office, other central administrative authorities and organizational structures subordinated to the Government which are in the sphere of their competence fall Under operation of this law (subordinated administrative authorities, including deconcentrated public services and subordinated public services, and also public organizations in which the ministry, the State office or other central administrative authority acts as the founder).

(2) Provisions of this law are applied to bodies of the public power regulated special laws subordinated to the Government and to administrative authorities, autonomous in relation to the Government, in that measure in which they are not regulated and do not break provisions of the special laws regulating activities of these bodies.

Article 3. Unity of the central branch public management

The central branch public management is organized in single system, and any ministry or other central administrative authority or organizational structure which are in the sphere of their competence cannot be out of this system.

Article 4. Fundamental principles of the organization and functioning of the central branch public management

The central public branch management functions with respect for the following principles:

1) organizational:

a) institutional hierarchy;

b) differentiations of functions of development and promotion the politician from functions of their realization;

c) accurate distribution of obligations and powers with avoidance of their uncertainty, duplication and combination;

d) dekontsentration of public services;

e) simplicity and clearness of institutional structure;

2) functioning:

a) legality;

b) efficiency in goal achievement and implementation of the tasks;

c) managements of economic method of public property and effective use of the allocated public funds;

d) strategic planning;

e) interdepartmental cooperation;

f) ensuring internal managerial supervision and activities of internal audit;

g) responsibility for activities;

h) rationalization and clearness of ministerial procedures and administrative activities;

i) effective servicing of citizens;

j) ensuring access to information, publication of government data of public nature and transparency of decision making process.

Article 5. Use of the principles of the central, branch public management

The principles of the central branch public management are applied:

a) when implementing by the Government of control of legality and feasibility of activities of the ministries, other central administrative authorities and organizational structures which are in the sphere of their competence;

b) during the checking and assessment by the Government of service quality of social significance provided by the ministries, other central administrative authorities and organizational structures which are in the sphere of their competence;

c) when implementing by the ministries and other central administrative authorities of hierarchical control of legality and feasibility of activities of the organizational structures which are in the sphere of their competence, and also during the checking and quality evaluation of the services of social significance provided by them;

d) when implementing by degree of jurisdiction according to the current legislation of judicial control of legality of the administrative acts published by the ministries, other central administrative authorities and organizational structures which are in the sphere of their competence.

Article 6. The cooperation relations within the central branch public management and the conflict resolution of competence

(1) the Ministries and other central administrative authorities are in the cooperation relations in areas of general interest for the purpose of realization of the tasks and accomplishment of the functions and obligations.

(2) the Ministries and other central administrative authorities cooperate in process of project development legislative and regulations by means of creation of working groups and/or within reconciliation procedure and examination of projects according to the current legislation.

(3) For the solution of questions which in character and/or according to tasks of the Government require closer cooperation that if necessary is performed between the ministries and other central administrative authorities by means of the conclusion of interinstitutional agreements on cooperation.

(4) the Conflicts of competence and disagreement arising in the relations between the ministries and other central administrative authorities are considered and permitted according to the procedure, established in Regulations of the Government.

Article 7. Relations of cooperation with bodies of local public authority

The ministries and other central administrative authorities cooperate with bodies of local public authority, and also with their representative associations created according to the law, providing carrying out consultations with them and their effective attraction to participation in decision making process in the procedure established by the legislation.

Article 8. Relations of cooperation with civil society

The ministries and other central administrative authorities cooperate with civil society, providing information access, publication of government data of public nature and transparency of decision making process according to the procedure, established by the legislation.

Chapter II of Feature of the organization and functioning of the ministries and organizational structures which are in the sphere of their competence. State office

Article 9. Ministries

(1) the Ministries are the central industry bodies of the state providing realization of government policy in the spheres of activity entrusted to them.

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