of February 8, 2013 No. 5
About approval of instructions about procedure for filling of declarations on the income and property and declarations on private interests
For the purpose of execution of the Law No. 1264-XV of July 19, 2002 on declaring and control of the income and property of the public figures, judges, prosecutors, public officials and other persons holding executive positions (republished in the Official monitor of the Republic of Moldova, 2012, No. 72-75, by the Art. 229) and the Law No. 16-XVI of February 15, 2008 on conflict of interest (republished in the Official monitor of the Republic of Moldova, 2012, No. 72-75, by the Art. 231), based on item 4 h) and item 12 k) of the Regulations of the National anti-corruption commission approved by the Law No. 180 of the December 19, 2012 (published in the Official monitor of the Republic of Moldova, 2012, No. 1-6, by the Art. 2), I ORDER:
1. Approve:
The instruction about procedure for filling of declarations on the income and property, according to appendix No. 1;
The instruction about procedure for filling of declarations on private interests, according to appendix No. 2.
2. To provide to service of information and relations with the public the publication of this order in the Official monitor of the Republic of Moldova and its placement on the web page of the National anti-corruption commission.
3. This order becomes effective from the date of publication in the Official monitor of the Republic of Moldova.
Chairman of the National anti-corruption commission
Anatoliye Donchiu
Appendix No. 1
to the order of the chairman of the National anti-corruption commission of the Republic of Moldova of February 8, 2013 No. 5
1. This instruction determines procedure for filling, representation and accounting of declarations on the income and property, and also powers and responsibility of persons adopting declarations.
2. In the text of this instruction the following determinations are used:
the declaration on the income and property (further - the declaration) - the personal and irrevocable paper about the income and property which is drawn up in writing under own responsibility of the applicant on the form provided in appendix No. 1 to the Law No. 1264-XV of July 19, 2002 on declaring and control over the income and property of persons holding public positions, the judges, prosecutors, public officials and some persons holding executive positions (further - the Law No. 1264-XV of 19:07. 2002), according to Art. 3 and 4 of the same law which can be changed only according to provisions of Art. 10 of h (2) the specified law;
the customs applicant - the subject of declaring of the income and property provided by Art. 3 of the Law No. 1264-XV of 19.07.2002;
person responsible for collection of declarations - the responsible person designated to adopt declarations on the income and property as a part of division in which the customs applicant, according to Art. 9 of the Law No. 1264-XV performs of 19.07.2002 activities;
the family member - the husband/wife, minor children and faces consisting in dependence;
property - personal and/or real estate, including being 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.
3. The declaration is filled in with the customs applicant in the form provided in appendix No. 1 to the Law No. 1264-XV of 19:07. 2002, with obligatory putting down of date and the personal signature of the customs applicant.
4. The customs applicant represents under own responsibility of the data on the gained income and property which he has in the Republic of Moldova and beyond its limits.
5. The declaration is filled in in state language on the computer or by hand, is legible, and is without fail signed by ball pen or ink with own hand.
6. In "Introduction" surname, the name and identification number of the customs applicant, post and the name of division, date, type and document number based on which he was appointed to this position, surname, name and identification number of the wife/husband, minor children, dependents, start and end date of the period during which income and property which are available at the time of declaring were gained are entered.
7. Chapter I. "Income" is filled in as follows:
1) In columns:
a) "The receiver of the income" - the surname and name of the customs applicant or member of his family are specified;
b) "Income source" - the name/surname and name of person from whom the declared income was gained are specified;
c) "The rendered service / profitable object" - is specified the short description of service/object from which the declared income was gained;
d) "The gained income" - is specified total of income, the declaring received during the period from appropriate source of the income.
2) In line items:
a) "1. The income on principle place of employment" - income gained in the form of the salary, increases, awards provided by the law or based on individual employment contracts or other legal acts in time, actually fulfilled according to the normal working schedule and in addition, and also other amounts received in the form of the salary is specified;
b) "The income from teaching activities" - the rewards earned from educational and teaching activities regardless of levels and stages of education system are specified;
c) "The income from scientific and creative activities" - income gained from any assignment of rights, following from inventive patents, samples, trade and production brands, technological procedures, know-how, copyright and related rights, and also the rights, similar to them, is specified;
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