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LAW OF THE REPUBLIC OF MOLDOVA

of December 21, 2012 No. 298

About activities of Council for questions of equality

(as amended on 02-02-2023)

The parliament adopts this ordinary law.

Art. 1. - Approve:

a) Regulations on activities of Council for questions of equality according to appendix;

b) extreme number of the administrative machine of Council for questions of equality in quantity of 33 units.

Art. 2. - This law becomes effective since January 1, 2013.

Art. 3. - To the government since January 1, 2013:

a) open financing of Council for questions of equality;

b) provide Council for questions of equality with accommodation.

Chairman of the parliament

Marian Lupu

Regulations on activities of Council for questions of equality

Chapter I General provisions

1. Council on questions of equality (further - Council) is independent budget body, has seal and forms with the State Emblem of the Republic of Moldova. The Council location - municipium of Chisinau.

2. The mission of Council consists in prevention and fight against discrimination and ensuring equality.

3. Council is financed from the government budget within the budgetary appropriations approved by the annual budget law.

3-1. The budget of Council is developed, affirms and administered according to the principles, rules and procedures provided by the Law on public finance and budget and tax responsibility No. 181/2014.

4. In the this provision sense the specified concepts have the following values:

the applicant - person who believes itself the victim of discrimination or the interested person and who addresses to Council with the claim about making of discrimination actions;

the defendant - person about who the complaint about making or presumable making of discrimination actions is made;

the interested person - labor union or public association in the field of promotion and human rights protection, other person having legitimate interest in fight against discrimination and representing person, group of persons or community concerning whom discrimination actions are made;

the claim - any act of the notification on making of discrimination action, including the notification submitted on own initiative.

Chapter II Organization and functioning of Council

5. Council is headed by the chairman who is elected according to the procedure, established in part (11) article 11 of the Law on ensuring equality No. 121 of May 25, 2012. The position of the chairman is responsible state position.

6. The chairman of the board can be recalled from position on demand at least two of his members. The resolution on response of the chairman of the board is accepted by secret vote by voices at least three of his members.

7. The chairman of the board performs the following functions:

a) heads and will organize work of Council;

b) represents Council in the relations with other public bodies and organizations, physical persons or legal entities;

c) establishes date and time of holding meetings after consultations with members of council and presides over them;

d) signs documents of Council;

d-1) can delegate to the secretary general implementation of the functions except for specified in subitems e) and g);

d-2) approves regulations on internal procedures of implementation of functions of Council;

d-3) disposes about documentation of procedure for execution of instructions/recommendations;

e) appoints government employees of the administrative machine of Council to position, changes, stops and stops the office relations with them according to the law, employs technicians on contractual basis, changes, stops and stops employment relationships with it;

f) imposes according to the law authority punishments and measures of encouragement on government employees and contractual personnel of the administrative machine of Council;

g) approves functional obligations of personnel of the administrative machine of Council;

g-1) will organize and implements system of internal managerial supervision and bears managerial responsibility for administration of the budget and public property which is in management;

h) represents at the plenary session of Parliament the general report on provision in the field of the prevention and fight against discrimination and provides its publication on the web page of Council;

i) performs other functions established by the legislation.

8. In pursuance of the functions assigned to it the chairman of the board publishes administrative acts.

9. Council is convoked as required, but at least two times a month. Members of council are convoked on meetings by the chairman of the board. In case of need Council can be called upon the demand of at least two members.

10. The hearings organized by Council are open and are carried out with the assistance of at least two members of council. The member speaker presides over hearings. Hearings can be carried out in closed meeting only for the purpose of protection of the data which are the state secret, trade secret or other information which disclosure is forbidden by the law. At the request of the parties consideration of the claim can take place in closed meeting for the purpose of prevention of disclosure of information concerning aspects of the private life degrading honor, advantage or encroaching on public order. At the request of the parties or on own initiative hearing can be carried out with use of means of remote communication. At hearings it can be conducted audio-and/or video.

11. Council holds meetings in the presence of at least 4 members. In case of absence of the chairman of meeting of Council pass under the chairmanship of the member appointed the chairman or, if necessary, the electee at meeting. If for the objective reasons the member of council cannot physically be present at meeting, its participation can be provided by means of the means of remote communication answering to the specifications necessary for identification of the corresponding member, and continuous relaying of discussions so that to ensure safety of communication and bringing to data of the member of council of all aspects discussed during the meeting.

12. The course of meetings of Council is fixed in protocols and can be performed their audio-and/or video. The protocol is constituted in five-day time after holding meeting and signed by the chairman and the secretary of meeting.

13. The secretary of meeting is appointed the chairman of the board from employees of the administrative machine of Council.

14. The administrative machine of Council performs the following functions:

a) performs accounting and keeps the register of the claims which arrived in Council and also the questions started by Council on own initiative;

b) provides archiving of materials of Council;

c) at least in seven calendar days notifies members of council, the applicant, the defendant, interested persons on date, time, the venue of meeting of Council and places the relevant information on the web page of Council;

d) at least in 15 calendar days prior to date of consideration of the claim sends the copy of the claim and accompanying materials to members of council and the defendant;

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