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LAW OF THE REPUBLIC OF MOLDOVA

of April 3, 2014 No. 52

About the national lawyer (ombudsman)

(as amended on 28-02-2020)

Confirming the commitment to the Universal Declaration of Human Rights, the European convention on human rights protection and fundamental freedoms, to other international legal acts on human rights and in view of that according to the Charter of the UN the state promotes observance of human rights and freedoms and provides protection of the rights and freedoms of all physical persons in the territory of the Republic of Moldova,

This law shifts Article 7 of the Directive 2000/43/EU of Council of June 29, 2000 about ensuring accomplishment of the principle of equality of persons irrespective of their racial or ethnic origin published in the Official magazine of the European communities L 180 of July 19, 2000.

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Activities of the national lawyer (ombudsman)

(1) the National lawyer (ombudsman) who is referred to as further the national lawyer provides observance of human rights and freedoms by bodies of the public power, the organizations and the companies irrespective of type of property and form of business, non-profit organizations, and also officials of all levels.

(2) the National lawyer promotes protection of human rights and freedoms by the prevention of their violation, and also monitoring and submission of reports on procedure for observance of the rights and fundamental freedoms of the person at the national level by enhancement of the legislation in the field of protection of human rights and freedoms, international cooperation in this area, promotions of human rights and freedoms and mechanisms of their protection by means of application of the procedures regulated by this law.

(3) the National lawyer on protection of the rights of the child performs the powers on ensuring compliance with the rights and freedoms of the child and realization at the national level by the central and local authorities of the public power, officials of all levels of provisions of the Convention of the UN on the child's rights.

(4) Activities of the national lawyer and the employees acting under its management have public character.

Article 2. Principles of activities

(1) In the activities the national lawyer is guided by the Constitution of the Republic of Moldova, this law, other laws of the Republic of Moldova, and also international treaties, one of the parties of which is the Republic of Moldova.

(2) In the activities the national lawyer is guided by the principles of legality, equality, impartiality, transparency, social justice, democracy, humanity and it will be conformed with own conscience.

Article 3. Independence guarantees

(1) the Institute of the national lawyer is autonomous and independent in relation to any body of the public power, the legal entity irrespective of type of property and form of business, and also to the official of any level.

(2) To the national lawyer any imperative or representative mandate is inapplicable. Nobody can oblige the national lawyer to submit to the instructions or orders.

(3) the National lawyer not can be shall offer explanations or make statements on the cases considered or considered by him, except as specified, when those are necessary for the benefit of the represented party or contain information which is of public interest.

(4) Intervention in activities of institute of the national lawyer, intended ignoring by officials of all levels of addresses and recommendations of the national lawyer, and also preventing in any form of its activities attract responsibility according to the legislation.

Article 4. Immunity of the national lawyer

(1) the National lawyer and his deputies in case of execution of the powers cannot be exposed to prosecution or be brought to legal responsibility for the expressed opinions and the operations performed with compliance with law.

(2) during execution of powers the national lawyer and his deputies can be exposed to criminal prosecution and indulge in court for others, than provided by part (1), acts, however the national lawyer cannot be detained, subjected to search or arrest without prior consent of Parliament, and his deputies - without preliminary informing Parliament.

(3) the National lawyer and his deputies arrested or brought to trial are discharged of position by right before finding by the judgment of final nature.

(4) Immunity of the national lawyer and his deputies extends to their dwelling and the office used by them vehicles and means of communication, correspondence, documents and personal property.

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