of June 17, 2014 No. 534/18
About approval of the Regulations on assignment of qualification classes to judges
Having considered question of approval of the Regulations on assignment of qualification classes to judges, having heard information of Mrs. Vera Thomas, the Supreme council of magistracy based on Art. 13-1 of the Law on the status of the judge, the Art. of the Art. 4, 17 and 24 Laws on the Supreme council of magistracy DECIDED:
1. Approve Regulations on assignment of qualification classes to judges.
2. This decision to publish in the Official monitor of the Republic of Moldova and on the web page of the Supreme council of magistracy and to inform all degrees of jurisdiction.
Chairman of the Supreme council of magistracy
Victor to Mick
Approved by the Decision of the Supreme council of magistracy of the Republic of Moldova of June 17, 2014 No. 534/18
This Provision is developed according to the Law No. 947-XIII of July 19, 1996 on the Supreme council of magistracy, with subsequent changes, the Law No. 544-XIII of July 20, 1997 on the status of the judge, with subsequent changes, other regulations regulating activities of judges.
1. The provision establishes procedure, conditions and the procedure of assignment of qualification classes to judges.
2. The provision is developed for the purpose of ensuring correctness of use of equal, single, non-discriminatory and impartial criteria of increase in judges in rank.
3. Qualification classes are appropriated by the Supreme council of magistracy.
4. The appropriated qualification classes have honourable character and are appropriated for special results of activities, quality of the adopted acts in the field of justice, for high professionalism and model behavior of the judge.
5. The qualification class is appropriated for life.
6. The procedure of assignment of qualification classes is carried out according to the principles of objectivity and transparency.
7. Depending on working life, experience and professionalism for judges six qualification classes are established:
1) fifth qualification class
2) fourth qualification class
3) third qualification class
4) second qualification class
5) first qualification class
6) the highest qualification class
8. Qualification classes can be appropriated to judges who:
1) correspond to 11 terms specified in Item established for assignment of the following class;
2) activities of which are acknowledged "very good" and "excellent" during the last assessment;
3) were not brought to disciplinary responsibility within the last year of activities;
9. Qualification classes are appropriated after the term of stay in the previous class according to working life and taking into account professionalism level.
10. The fifth class can be appropriated after one year from the first position assignment of the judge.
11. Qualification classes are appropriated in the procedure stated in Item 7 after specific terms from the date of assignment of the previous qualification class as follows:
a) the fifth qualification class – 2 years;
b) the fourth qualification class – 3 years;
c) the third qualification class – 3 years;
d) the second qualification class – 4 years;
e) the first qualification class – 5 years;
The term of stay in the first qualification class is not limited.
12. The terms specified in Item 11 include also the periods of suspension of operations of the judge on the conditions provided by Items c) and d) h. (1), and also h. (4) Art. 24 of the Law on the status of the judge, or the periods of its sending out on business for the benefit of service.
13. The following qualification classes are appropriated:
a) the fifth - third qualification classes – to judges, deputy chairmen of the courts;
b) the second qualification class – to chairmen of the courts, judges of appeal chambers;
c) the first qualification class – to chairmen and deputy chairmen of appeal chambers, judges of the Highest trial chamber;
d) the highest qualification class – to the chairman and vice-chairmen of the Highest trial chamber.
14. Qualification classes can be appropriated before the expiration of stipulated in Item 11 terms, through one step, only once during implementation of activities as the judge, in cases when:
a) the judge shows the high level of professionalism when implementing justice, provides faultless quality of the adopted court resolutions, constantly enhances the knowledge in the field of law, actively participates in activities of judicial system, holds authority on community of judges, strictly observes the Code of ethics of the judge and has scientific degrees;
b) the honorary title "The veteran of judicial system" to the first qualification class is given;
c) the honorary title "The dean of judicial authority" to the highest qualification class is given.
15. Qualification classes can be appropriated:
a) according to the written application of the judge;
b) according to the proposal of the chairman of degree of jurisdiction.
16. Are applied to the statement/offer on assignment of qualification class:
a) the response signed by the chairman of degree of jurisdiction on activities of this judge in previous year of work (the chairman of higher instance concerning chairmen and deputy chairmen of degrees of jurisdiction and appeal chambers) which is included by the number of the considered cases, quality of court resolutions, absence/availability of reasonable petitions, authority on collective, on society, other data and information which are considered necessary for decision making about assignment for the judge of qualification class;
b) the decision of Estimative board based on which activities of the judge are acknowledged "very good" and "excellent" during the last assessment;
c) autobiography of the judge;
d) information on availability or lack of disciplinary sanctions issued by Disciplinary board.
17. Materials about assignment of qualification classes go to the address of the secretariat of the Supreme council of magistracy.
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