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DECISION OF THE SUPREME COUNCIL OF MAGISTATURA OF THE REPUBLIC OF MOLDOVA

of June 3, 2014 No. 503/17

About approval of the Regulations on internal rules and procedures of degrees of jurisdiction

Having considered question of approval of the Regulations on internal rules and procedures of degrees of jurisdiction, having heard information mister Victor Mika and mister Georgy Avornik, the Supreme council of magistracy DECIDED:

1. Approve Regulations on internal rules and procedures of degrees of jurisdiction.

2. Abolish the Standard regulations on internal rules and procedures of courts and appeal chambers approved by the Decision of the Supreme council of magistracy No. 401/16 of December 20, 2007.

3. This decision is published in the Official monitor of the Republic of Moldova and on the web page of the Supreme council of magistracy and is brought to the attention of all degrees of jurisdiction.

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. 503/17

Regulations on internal rules and procedures of degrees of jurisdiction

I. General provisions

1. Degrees of jurisdiction are organized and function based on the Constitution of the Republic of Moldova, the Law on judicial system, the Law on the status of the judge, this provision and other applicable regulations.

2. This provision establishes method of implementation of activities and labor organization in courts and appeal chambers, the rights and obligations of governing bodies of data of degrees of jurisdiction, judges (including judges on criminal prosecution), all workers appointed or hired based on the individual employment contract, irrespective of its effective period who are under supervision of degree of jurisdiction or provide services to courts or appeal chambers for the purpose of providing effective and efficient justice department.

3. This provision also establishes disciplinary policy and practice of observance of the labor law, rules of hygiene and labor safety for judges and support personnel of degrees of jurisdiction.

4. Instructions of this provision are applied to courts and appeal chambers.

5. Degrees of jurisdiction apply provision as standard sample to development of own regulations with the right of change of provision it reflected requirements and reality of each separate court.

II. Instructions about activities of judges

6. Judges perform activities and fulfill service duties and powers in degrees of jurisdiction based on the Constitution, the Law on the status of the judge, another regulating activities and actions of judges of the laws and regulations.

7. During execution of office powers, judges strictly observe provisions of the laws and the instruction of the Code of ethics of judges.

8. The restrictions connected with fulfillment of duties of the judge are stipulated in Article 8 Laws on the status of the judge No. 544-XIII of July 20, 1995 and the Code of ethics of judges.

III. Management of degrees of jurisdiction

9. Activity of the courts and appeal chambers the chairman who, in the cases provided by the law, is helped by the vice-chairman coordinating, checking and providing functioning of degree of jurisdiction directs. In case of absence of the chairman, its power the vice-chairman or in case of absence performs in accordance with the established procedure both other judge.

Rights and obligations of administration

10. The chairman and the vice-chairman of degree of jurisdiction directs activities of degree of jurisdiction for implementation of justice. During implementation of the powers, they have the right:

a) appoint to position, change, stop and stop employment relationships with government employees;

b) conclude, change, stop and stop the individual employment contract with contractual personnel;

c) demand from employees of strict execution of service duties and strict observance of discipline of work;

d) motivate, encourage and stimulate employees for effective and honest work;

e) impose in case of need disciplinary sanctions on employees according to the law;

f) demand from employees of reasonable use and preserving integrity of property of degree of jurisdiction.

11. The administration of degrees of jurisdiction shall:

a) observe provisions of individual employment contracts;

b) provide to workers adequate working space, the equipment with all necessary for execution of tasks of everyone according to the individual employment contract;

c) correctly and effectively to organize work of employees everyone worked according to specialization and qualification, to inform employees their specific objectives and job responsibilities;

d) organize activities of employees according to the strategy of functioning, taking into account competences, education, professional training and specialty of everyone, with establishment of optimum amount of work for each employee;

e) bear responsibility for legality and timeliness of the instructions issued to subordinates;

f) provide to all workers specialization and professional enhancement for the purpose of permanent improvement of results of their activities and increase in the quality level of work;

g) support, encourage and stimulate individual initiative of workers;

h) take necessary measures for receipt of policies of compulsory medical insurance for workers;

i) provide provision of guarantees and compensations for the workers combining work and study;

i) take adequate measures for timely and correct posting of the schedule of judicial sessions;

j) provide transparency of activities of degree of jurisdiction according to the law;

k) fulfill other obligations provided by the law.

IV. Activities of the secretariat of degree of jurisdiction

12. Organizational and administrative activities of degree of jurisdiction are provided with the secretariat of degree of jurisdiction which is directed by the chief appointed to position by the chairman of degree of jurisdiction according to the Law No. 158-XVI of July 4, 2008 on the state position and the status of the government employee.

13. The chief of the secretariat of degree of jurisdiction performs the following powers:

a) will organize the activities of personnel connected with creation and promulgation in the terms established by procedural rules, information on the cases appointed for consideration including on subject of these cases;

b) will organize work of the personnel which are responsible for ensuring accidental distribution of the cases which arrived in degree of jurisdiction;

c) manages the financial resources allocated degree of jurisdiction;

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