LAW OF THE REPUBLIC OF MOLDOVA

of December 23, 2013 No. 328

About compensation of judges and prosecutors

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject and scope of the law

(1) This law regulates procedure and payment terms of work of judges and prosecutors, including the size of their official pay rates, and installs single system of compensation of judges and prosecutors in which the average salary on economy in the year preceding accounting year is taken as basis.

(2) the Wages system of judges and prosecutors creates general bases for application of single standards and procedures in case of establishment of the salary and provides:

a) creation of hierarchy of the salaries on categories of judges depending on the level of degrees of jurisdiction;

a-1) creation of hierarchy of the salaries on categories of prosecutors depending on the level of prosecutor's offices;

b) establishment of the transparent and easily applied regulations.

(3) This law is applied to judges of all degrees of jurisdiction, to judges and judges - assistants to the Constitutional court, and also to prosecutors.

Article 2. Basic principles of wages system of judges and prosecutors

(1) the Wages system of judges is installed taking into account the principle of separation of the authorities in the state, role of the judge in the implementation of the act of justice, not compatibility and restrictions provided by the law concerning judges and also requirements of the international documents concerning effective work of judicial system and the status of magistrates.

(1-1) Wages system of prosecutors is installed taking into account role of the prosecutor in the implementation of the act of justice, not compatibility and restrictions provided by the law concerning prosecutors and also requirements of the international documents concerning effective activities of Prosecutor's office.

(2) the Wages system of judges and prosecutors is based on the following principles:

a) rule of law according to which establishment of the rights in the field of compensation is performed according to the current legislation;

b) proportionality according to which the wages system provides establishment of the salary according to the level of the required competence for occupation of this position, complexity of the performed work and level of responsibility, and also according to not compatibility and restrictions provided by the law;

c) justice and the sequence according to which the wages system of judges and prosecutors creates for them equal opportunities by regulation of the single principles and regulations of establishment of the salary.

Chapter II Salary of the judge and prosecutor

Article 3. Structure of the salary

(1) For the performed activities the judge and the prosecutor have the right to the monthly salary which includes:

a) official pay rate;

b) allowances for implementation of executive positions;

(2) the Judge and the prosecutor get the one-time awards established by this law.

Article 4. Official pay rate of the judge

(1) the Official pay rate of the judge is established depending on the level of degree of jurisdiction in which it works, and its working life in judgeship.

(2) the Official pay rate of the judge in courts is established in the amount of:

a) 3,0 of the average salary on economy - for the judge having working life in judgeship up to 6 years;

b) 3,2 of the average salary on economy - for the judge having working life in judgeship from 6 to 12 years;

c) 3,5 of the average salary on economy - for the judge having working life in judgeship more than 12 years.

(3) the Official pay rate of the judge of appeal chamber is established in the amount of:

a) 4,0 of the average salary on economy - for the judge having working life in judgeship up to 15 years;

b) 4,3 of the average salary on economy - for the judge having working life in judgeship bolee15 years.

(4) the Official pay rate of the judge of the Highest trial chamber is established in the amount of:

a) 4,8 of the average salary on economy - for the judge having working life in judgeship up to 16 years;

b) 5,0 of the average salary on economy - for the judge having working life in judgeship bolee16 years.

(5) the Official pay rate of the judge-assistant of the Constitutional court is established in the amount of 4,0 of the average salary on economy.

(6) the Official pay rate of the judge of the Constitutional court is established in the amount of 5,0 of the average salary on economy.

(7) the Official pay rate of the chairman of the Supreme council of magistracy is established in the amount of 5,0 of the average salary on economy.

Article 5. The allowance for fulfillment of duties of the chairman and vice-chairman of degree of jurisdiction

(1) the judge receives the allowance estimated as a percentage of official pay rate For execution of position of the chairman or vice-chairman of degree of jurisdiction in the following size:

a) 20 percent - for execution of position of the chairman of the Highest trial chamber, the chairman of the Constitutional court or the chairman of the Supreme council of magistracy;

b) 15 percent - for execution of position of the chairman of appeal chamber;

c) 10 percent - for execution of position of the chairman of justices;

d) 15 percent - for execution of position of the vice-chairman of the Highest trial chamber;

e) 10 percent - for execution of position of the vice-chairman of board of the Highest trial chamber;

f) 10 percent - for execution of position of the vice-chairman of appeal chamber;

g) 5 percent - for execution of position of the vice-chairman of court.

(2) the Allowance is paid to the judge monthly and is estimated in proportion actually to worked time.

Article 5-1. Official pay rate of the prosecutor

(1) the Official pay rate of the prosecutor is established depending on the judge's salary according to this law and the Law on Prosecutor's office No. 3 of February 25, 2016, taking into account the level of prosecutor's office in which it performs the activities, and its length of service as the prosecutor.

(2) the Official pay rate of the prosecutor of territorial prosecutor's office and prosecutor's office of autonomous territorial education Gagauzia is established in the amount of:

a) 2,7 of the average salary on economy for the prosecutor having working life as the prosecutor up to 6 years;

b) 2,88 of the average salary on economy for the prosecutor having working life as the prosecutor from 6 to 12 years;

c) 3,15 of the average salary on economy for the prosecutor having working life as the prosecutor more than 12 years.

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