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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 2, 2010 No. 1026

About the organization of activities for financial inspection

(as amended on 08-07-2016)

The preamble voided according to the Order of the Government of the Republic of Moldova of 08.07.2016 No. 853

1. Establish the extreme number of Financial inspection in number of 135 units, including support personnel in number of 7 units, with the salary fund according to the current legislation.

2. Approve Regulations on the organization and functioning of the Financial inspection subordinated to the Ministry of Finance, according to appendix No. 1.

3. To the Ministry of Finance to take the effective measures following from this Resolution.

4. Recognize invalid some orders of the Government according to appendix No. 2.

Prime Minister

Vladimir Filat

Countersigns:

Minister of Finance

 

Vyacheslav Negrutsa

 

Appendix No. 1

to the Order of the Government of the Republic of Moldova of November 2, 2010 No. 1026

Regulations on the organization and functioning of the Financial inspection subordinated to the Ministry of Finance

Chapter I
General provisions

1. Scope

The regulations on the organization and functioning of the Financial inspection subordinated to the Ministry of Finance (further - the Provision) establish legal status of the Financial inspection and audit subordinated to the Ministry of Finance (further - Financial inspection), its place in structure of the central public management, the main functions, obligations, the rights, and also procedure for its organization and functioning.

2. Legal status of Financial inspection and audit

1) Financial inspection is the industry administrative authority subordinated to the Ministry of Finance and performing financial inspections (checks).

2) Financial inspection is legal entity, is financed from the money allocated by the government budget has the treasurer account, seal with the State Emblem of the Republic of Moldova and the name in official language, letterheads and other details of the legal entity.

3. Legal base of activities of Financial inspection

Financial inspection, based on article 78 of the Law on public finance and budget and tax responsibility No. 181 of July 25, 2014, article 12 of the Law No. 845-XII of January 3, 1992 on entrepreneurship and the companies, article 38 of the Law No. 837-XIII of May 17, 1996 on public associations, article 22 of the Law No. 231 of September 23, 2010 on domestic trade, performs the activities according to the Constitution of the Republic of Moldova, legal acts, resolutions of Parliament, presidential decrees of the Republic of Moldova, resolutions, orders of the Government and other regulations, and also according to this Provision.

Chapter II
Mission, scope of application, the main functions, tasks, the rights and obligations of Financial inspection and the audit and workers given with functions of financial inspection (control)

4. Mission

The mission of Financial inspectorate consists in protection of public financial interests of the state by implementation, according to the principles of transparency and legality, centralized financial control of the Ministry of Finance of compliance to the legislation of the transactions and transactions concerning resource management of the national public budget and public property.

5. Main functions and bases of conducting financial inspections (checks)

1) the Main functions of Financial inspection are:

a) financial inspection of transactions and transactions about observance of the regulatory base in the budget and financial and economic area;

b) identification of damages/violations in the divisions which are subject to financial inspectorate (control) for the questions specified in this Provision.

2) in the course of financial inspections (checks) the Financial inspectorate cooperates, as required, with other inspecting and monitoring bodies.

3) Financial inspection (check) is carried out:

a) according to the program of the activities constituted on the basis of the subjects offered by public bodies and included in it on the basis of risks assessment, coordinated with the Ministry of Finance;

b) at the request of the Office of the President, Parliament, the Government, Audit Chamber and the Ministry of Finance;

c) at the request of law enforcement agencies, based on the decrees issued during criminal prosecution, check of legal entities of the public law, the legal entities of private law and physical persons performing business activity and public associations, on the questions specified in resolutions of law enforcement agencies;

d) based on the requests, petitions and information including which arrived from the public central and local authorities of management about violation of financial discipline in organization activity specified in Item 6 of this provision.

In the cases specified in the paragraph of d) this subitem, the decision on conducting financial inspection (check) is made by the Ministry of Finance.

6. Scope of application

In case of accomplishment of the functions Financial inspection performs financial inspection, check:

a) in bodies of the central and local public authority and the subordinated and/or created by them organizations regarding use of the resources financed or which are counterdrawn up at the expense of the means of the national public budget, grants and means provided by internal and external donors, the reporting under public debt, procedures of public procurements, and also the corresponding asset-liability management;

b) at the state and municipal companies, commercial societies in which authorized capital the state has share, and also at affiliates regarding use of public property, correctness of contributions to the budget and dividend payouts, and also disciplines of the prices and rates regulated by the state;

c) the physical persons and legal entities using public financial resources and managing directors of public property regarding correctness of implementation of economic transactions and transactions by public financial means, and also regarding observance of the regulatory base concerning the procedure of use of the grants provided by internal and external donors;

d) the legal entities of the public law, legal entities of private law and physical persons performing business activity and public associations, based on the decrees issued during criminal prosecution, on the questions specified in resolutions of law enforcement agencies.

7. Tasks

1) in the course of execution of the functions Financial inspection:

a) carries out financial inspections (checks) in the organizations specified in Item 6 of this provision;

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