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LAW OF THE REPUBLIC OF MOLDOVA

of April 3, 2014 No. 52

About the national lawyer (ombudsman)

(as amended on 28-12-2023)

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, 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 Institute of the national lawyer consists of two national lawyers, one of whom specializes in questions of protection of the rights and freedoms of the child.

(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.

(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 cannot be exposed to prosecution or be brought to legal responsibility for the expressed opinions and the operations performed with compliance with law.

(2) the National lawyer cannot be detained, subjected to arrest or search without the consent of Parliament, and his deputies - without preliminary informing Parliament. In case of explicit crime and in case of the crimes provided by Articles 243, 324-328 and 330-2 Criminal codes No. 985/2002, the consent of Parliament for detention, arrest or search is not required. All legal proceedings concerning the national lawyer, except as specified explicit crime, can be performed only after pronouncement of the resolution on the beginning of criminal prosecution, with observance of the guarantees established by the constitutional regulations and the international acts.

(3) If charge was brought to the national lawyer or his deputies, they are discharged of position by right before finding of final nature by the judgment. If guilt was not proved or the justificatory decision or the decision on cessation of production on criminal case was passed, discharge from position stops, and the national lawyer or his deputies are recovered in all the former rights.

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