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LAW OF THE REPUBLIC OF MOLDOVA

of December 21, 2012 No. 298

About activities of Council for the prevention and liquidation of discrimination and ensuring equality

(as amended on 15-07-2022)

The parliament adopts this ordinary law.

Art. 1. - Approve:

a) Regulations on activities of Council for the prevention and liquidation of discrimination and to ensuring equality according to appendix;

b) extreme number of the administrative machine of Council for the prevention and liquidation of discrimination and to ensuring equality in quantity of 20 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 the prevention and liquidation of discrimination and to ensuring equality;

b) provide Council for the prevention and liquidation of discrimination and ensuring equality with the room.

Chairman of the parliament

Marian Lupu

Regulations on activities of Council for the prevention and liquidation of discrimination and to ensuring equality

Chapter I General provisions

1. Council on the prevention and liquidation of discrimination and ensuring equality (further - Council) is collegiate organ with the status of the legal entity of the public law, has seal and forms with the State Emblem of the Republic of Moldova. The Council location - municipium of Chisinau.

2. The mission of Council are ensuring protection against discrimination, ensuring equality and recovery in the rights of all persons which underwent to discrimination.

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 discriminated and addresses to Council with the claim about making concerning it discrimination actions;

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

the interested person - person believing himself discriminated, 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.

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, presides in meetings of Council;

d) signs documents of Council;

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 support personnel on contractual basis, changes, stops and stops employment relationships with it;

f) in coordination with members of council 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 this Provision.

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

9. Activities of Council are performed within the regular meetings convened at least once a month. If necessary extraordinary meetings can be organized. Meetings of Council are convened according to the procedure, established in part (11) article 11 of the Law on ensuring equality.

10. Meetings of Council are open. Closed meetings can be held 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 applicant, the defendant or the interested person the chairman of the board can dispose about consideration of the claim in closed meeting for prevention of disclosure of the information relating to intimate aspects of life, touching honor, advantage or professional reputation or concerning other circumstances which can cause damage to interests of participants of meeting, public order or morality.

11. Meetings of Council are competent in case of presence at them four 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.

12. The course of meeting of Council is fixed in the protocol which contains the information about the present members of council and other participants of meeting, and also discussion content, the questions put to the vote, results of vote and the made decisions. The protocol is drawn up in five-day time after holding meeting and signed by the chairman of the board and the secretary.

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

14. The secretariat of 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 and the agenda 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;

e) provides access for the applicant, defendant, interested persons to all case papers;

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