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LAW OF THE REPUBLIC OF MOLDOVA

of December 23, 2013 No. 325

About assessment of institutional integrity

(as amended on 05-04-2018)

Based on Item r) parts (3) article 72 of the Constitution of the Republic of Moldova the Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Regulation subject

This law establishes the purpose, the principles, means, methods, procedures and consequence in law of assessment of institutional integrity in public bodies.

Article 2. Purpose of assessment of institutional integrity

Assessment of institutional integrity is carried out for the purpose of:

a) increases in responsibility of heads of public bodies and self-government institutions for formation, maintenance and improvement of the atmosphere of professional integrity in public bodies;

b) ensuring professional integrity of public officials, the prevention and fight against corruption in public bodies;

c) identifications, assessment and elimination of risks of corruption in public bodies;

d) increases in izoblichayemost of the corruption manifestations allowed by public officials.

Article 3. Principles

Process of assessment of institutional integrity takes place in case of obligatory respect for the following principles:

a) legality;

b) observance of basic rights and human freedoms, respect of human and professional dignity;

c) establishment of fair balance between basic rights and freedoms of the citizens restrained by corruption manifestations of public officials, on the one hand, and basic rights and freedoms of public officials – with another;

d) the impartial, fair and non-discriminatory attitude towards the public officials who are subject to testing;

e) presumption of conscientiousness of subjects of assessment of institutional integrity;

f) presumption of institutional integrity of public bodies;

g) transparency of results of assessment of institutional integrity behind the exceptions provided by this law and the Law on the state secret No. 245 of November 27, 2008;

h) respect of private life and personal data protection.

Article 4. Concepts

For the purpose of this law the following concepts are used:

assessment of institutional integrity – performed according to provisions of this law identification of risks of corruption within public body with use of analytical and practical methods (testing of professional integrity), the description of the factors determining the revealed risks and their consequences, and also submission of recommendations for their reduction;

the professional integrity test – creation and application by the tester of the imaginary, imitated situations, similar arising in office activities, performed by means of the hidden transactions caused by activities and behavior of the tested public official for the purpose of passive observation, determination of reaction and behavior of the tested public official to determine extent of deterioration in the atmosphere of institutional integrity and risks of corruption within public body in the course of assessment of institutional integrity;

testing of professional integrity – set of the processes relating to test for professional integrity, evaluation stage of institutional integrity;

the tester – the employee of the National center for fight against corruption or Services of information and safety allocated according to this law or the special law functions and powers for application of tests for professional integrity;

integrity incident – the corruption manifestation which happened in real circumstances, other manifestation, similar to corruption manifestation, happened within the professional integrity test;

the plan for integrity – the internal plan accepted according to requirements of this law the head of public body and/or self-government institutions as a result of assessment of institutional integrity, allowing to develop and/or improve the atmosphere of institutional integrity during the realization;

audio/video – the digital file placed on the information carrier, containing the sounds and/or images fixing behavior of the public official during testing of professional integrity, received with use of special technical means of the organization estimating institutional integrity, in connection with execution of the test, planned according to this law, or received with use of special technical means of other subjects using such means regularly in the venue of the test without direct link with its accomplishment;

primary audio/video – the audio/video executed within the professional integrity test, accompanied with technical confirmation of its immunity;

the processed audio/video – useful part of the audio/video executed within the professional integrity test in which the behavior of the tested public official is completely imprinted if necessary credits of communication of the public official are included during the professional integrity test, and also the changes provided by part are made (8) Article 19.

Article 5. Atmosphere of institutional integrity

(1) Public bodies perform activities in public concerns, providing the atmosphere of institutional integrity. Public officials in case of execution of the service duties are guided by the principle of professional integrity.

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