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DECISION OF THE SUPREME COUNCIL OF THE MAGISTRACY OF THE REPUBLIC OF MOLDOVA

of June 3, 2014 No. 504/17

About approval of Rules of conduct of participants of process and other persons in degree of jurisdiction

Having considered question of approval of Rules of conduct of participants of process and other faces in degree of jurisdiction, having heard information of Mr. Anatoly Tsurkan and Mr. Theodor Kyrnats, the Supreme council of magistracy ESTABLISHED:

The working group of the Supreme council of magistracy developed the draft of rules of conduct of participants of process and other persons in office instance.

The project contains general and special rules (behavior of persons in the building of degree of jurisdiction, namely in assembly hall, in management/records department and procedural documentation, archive, and also method of submission of actions for declaration, documents or requesting of information) which shall be observed by any person in degree of jurisdiction.

Thus, any person in degree of jurisdiction irrespective of the purpose of its stay in the building (participants of legal procedure as the party of case, the representative, the defendant, the witness, etc.) shall have decent look and decent behavior, observe silence and discipline, not to carry arms and/or other objects which can be used as weapon and abstain from any action which could interfere with activities of degree of jurisdiction.

The supreme council of magistracy considers that approval of Rules of conduct of participants of process and other persons in degree of jurisdiction and the notification on them by means of their posting on information panels in the building of degree of jurisdiction, will be led to the best implementation of legal procedures and other activities of degrees of jurisdiction in relation to participants of process.

Based on the above the High society of magistracy, according to provisions of Art. 4 and 24 of the Law on the Supreme council of magistracy DECIDED:

1. Approve Rules of conduct of participants of process and other persons in degree of jurisdiction.

2. Cancel the Rules of conduct of participants of process and other persons in degree of jurisdiction approved by the Solution of VSM No. 136/6 of April 30, 2009.

3. To chairmen of degrees of jurisdiction to bring these Rules to the attention of the public by means of their posting on the information panels which are available in degree of jurisdiction.

4. This decision is transferred to execution to all degrees of jurisdiction and published on the web page of the Supreme council of magistracy and in the Official monitor of the Republic of Moldova.

Acting as Chairman of the Supreme council of magistracy

Dumitra Visternichan

Approved by the Decision of the Supreme council of magistracy of the Republic of Moldova of June 3, 2014, No. 504/17

Rules of conduct of participants of process and other persons in degree of jurisdiction

Chapter I. General provisions

1. Rules of conduct of participants of process and other persons in degree of jurisdiction (further - Rules) are developed based on the Law on judicial system, the Law on the status of the judge, the Code of civil procedure of the Republic of Moldova No. 225-XV of 30.05.2003, the Criminal Procedure Code of the Republic of Moldova No. 122-XV of 14.03.3003, Provisions VSM, and also other existing regulations.

2. This provision includes the general rules of conduct in degree of jurisdiction applied as to persons which are the parties or participants of process (participants of process) and to other persons which are present at judicial session or being in the building of degree of jurisdiction, and interested in implementation of judicial processes or in extrajudicial activities of degree of jurisdiction.

3. This Provision is subject to application together with other provisions accepted by the Supreme council of magistracy which regulate behavior in degrees of jurisdiction, including together with Regulations on service of public information and interaction with mass media (the approved solution of VSM No. 740/31 of 15.10.2013), the Standard regulations on internal rules and procedures of courts and appeal chambers (approved by the solution of VSM No. 503/17 of June 3, 2014).

Chapter II. General rules of conduct

4. In the building of degree of jurisdiction, each participant of process and any other person shall:

a) have decent look and decent behavior;

b) observe procedure and discipline;

c) abstain from any actions which can interfere with activities of degree of jurisdiction;

d) observe the legal and normative provisions regulating activities of degree of jurisdiction;

e) observe prohibition on entry into degree of jurisdiction with weapon, objects or substances which can create danger to life and health of person or to public order except for persons who shall carry arms as obliges, for the purpose of execution of service before degree of jurisdiction;

f) perform orders of the persons delegated or authorized to fulfill different duties and powers;

g) observe hung out on doors of halls of judicial sessions and other rooms of the instruction.

5. Communication of participants of process with the judge is forbidden if such communication is connected with the case which is in production and communication takes place otherwise, than it is provided by procedural rules.

Chapter III. Giving and requesting of documents in degree of jurisdiction

6. Actions for declaration, any other type of statements and documents in connection with the cases which are in production of degree of jurisdiction move in management/records department and procedural documentation of the relevant degree of jurisdiction. In the same management / department copies of decisions, sentences, resolutions and other procedural documents can be requested in writing.

7. Applications can be submitted or information can personally be requested within the working schedule of management/records department and procedural documentation which is hung out in degree of jurisdiction, or by mail. Addresses of all degrees of jurisdiction are specified on web pages of degrees of jurisdiction of the Republic of Moldova.

8. Procedural documents are filed according to provisions of the regulations regulating method of their giving.

9. In case of submission of the document or when requesting any information in degree of jurisdiction, the corresponding person shall show the identity document, or other document based on which this person is authorized to submit applications or to request/submit other information.

10. Removal of cases from the building of degree of jurisdiction, underlining or accomplishment of other marks in case, withdrawal of sheets or their damage is forbidden.

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