ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of June 19, 2014 No. 475

About some measures for execution of the Law No. 269/2008 on application of testing on the detector of simulation (polygraph)

For the purpose of execution of provisions of Item and) parts (5) Article 20 and part (2) article 30 of the Law No. 269/2008 on application of testing on the detector of simulation (polygraph) (The official monitor of the Republic of Moldova, 2009, Art. No. 57-58, 161), with subsequent changes, DECIDES: the Government

1. Approve:

Regulations on the organization and functioning of State commission on testings using polygraph according to appendix No. 1;

The list of positions to which are accepted (on which serve) persons falling under operation of article 7 of the Law No. 269/2008 on application of testing on the detector of simulation (polygraph) according to appendix No. 2.

2. To the supreme council of magistracy, the Supreme council of prosecutors, the Ministry of Internal Affairs, the National center for fight against corruption, Service of information and safety, Service of the state protection and Customs Service subordinated to the Ministry of Finance to approve internal regulations, taking into account specifics of organization, standard report form about simulation research, and also other acts and forms which join in test procedure using the simulation detector.

Appendix №1

to the Order of the Government of the Republic of Moldova of June 19, 2014 No. 475

Regulations on the organization and functioning of State commission on testings using polygraph

Chapter I. General provisions

1. Regulations on the organization and functioning of State commission on testings using polygraph (further - the Provision) establish procedure for the organization and functioning of the Commission.

2. State commission on testings using polygraph (further – the Commission) is the collegiate organ created for unrestricted term for the purpose of coordinating of activities of polygraphologists and their assistants, and also for the purpose of ensuring coordinating and control of process of conducting testings on the detector of simulation (polygraph) (further – polygraph) according to provisions of the Law No. 269/2008 on application of testing on the detector of simulation (polygraph).

3. The commission has the form and seal with the image of the State Emblem of the Republic of Moldova and the name in state language which are stored in the organization providing clerical work of the Commission.

4. The organization performing function of the commission chairman plans the budgetary funds necessary for ensuring activities of the Commission (office supplies, materials and objects of economic assignment).

5. The commission performs the activities based on the following principles:

a) legality;

b) transparency and publicity;

c) impartiality;

d) professionalism;

e) responsibility of her members in case of execution of the tasks assigned to them within the competence;

f) non-admission of pressure upon her members for the purpose of influence on the made decisions.

6. The commission has the following tasks:

a) approves single methodological regulations on conducting testings using polygraph, the deontological code of the polygraphologist and assistant to the polygraphologist, other instructions and regulations for the purpose of accomplishment of the tasks relating to area of competences of the Commission;

b) certifies and registers polygraphologists of the bodies given the testing initiation right and also private polygraphologists;

c) checks observance of requirements of conducting testings by means of polygraph;

d) considers claims concerning polygraphologists and assistants to polygraphologists, and also the deontological violations made by them;

e) registers and records assistants to polygraphologists;

f) makes suggestions for improvement of the legislation in the field of the activities;

g) reports to competent authorities about the violations made in scope of testings with use of polygraph for the purpose of accountability of persons according to article 29 of the Law No. 269/2008 on application of testing on the detector of simulation (polygraph);

h) provides cooperation and experience exchange with the foreign bodies given the testing initiation right, and also the international profile organizations.

7. When implementing the tasks the Commission has the following rights:

a) require and receive from bodies in which the polygraph, information necessary for implementation of the activities is applied;

b) require and receive from bodies in which the polygraph, specific statistical data and information on use of polygraph in selection process of personnel and in special search activities is applied;

c) invite to commission sessions of persons having special knowledge of the questions which are within the competence and activities of the Commission.

8. The commission submits annual reports on the activities of the profile parliamentary commission (on homeland security, defense and public order).

9. Annual reports of the Commission are published on web pages of the organizations provided in Item 11 of this provision, except for information relating to activities of Service of information and safety of the Republic of Moldova.

Chapter II. Structure of the Commission

Part I. Members of the commission

10. The commission consists of 8 members, is headed by the chairman who with its activities is helped by the secretary. As necessary the Commission can create working groups for accomplishment of certain specific objectives in the terms established by it.

11. Members of the commission are persons holding the leading state positions in the following organizations:

a) Prosecutor General's Office;

b) Service of information and safety;

c) National center for fight against corruption;

d) Ministry of Internal Affairs;

e) Customs Service subordinated to the Ministry of Finance;

f) The supreme council of magistracy;

g) The supreme council of prosecutors;

h) Service of the state protection.

Members of the commission are assigned by the order of the head of public organization or the decision of the relevant council.

12. Members of the commission:

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