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

of February 18, 2014 No. 165/6

About approval of the Regulations on determination of single national degrees of complexity of civil, criminal and administrative legal cases

(as amended of the Statement of the Supreme Council of the Magistracy of the Republic of Moldova of 23.06.2015 No. 486/19)

Having considered offers on change of the Regulations on determination of single national degrees of complexity of civil, criminal and administrative legal cases, having heard information of Mr. Anatoly Tsurkan, the Supreme council of magistracy established:

The decision of the Supreme council of magistracy No. 149/11 of March 29, 2011 approves Regulations on determination of single national degrees of complexity of civil, criminal and administrative legal cases.

Over time different changes and additions were made to the legislation that resulted in need of amending the Regulations on determination of single national degrees of complexity of civil, criminal and administrative legal cases. Therefore, the Supreme council of magistracy created the working group which requested in degrees of jurisdiction of the offer on change of this Provision, the provided offers were analyzed and amendments to the Provision were made.

The project of the Regulations on determination of single national degrees of complexity of civil, criminal and administrative legal cases with the offered changes was distributed by everything to degrees of jurisdiction for opinion expression, and published on the web page of the Supreme council of magistracy for public discussion. In the context of the stated opinions and offers the project was finished and offered the Supreme council of magistracy on approval.

Having considered at meeting Regulations on determination of single national degrees of complexity of civil, criminal and administrative legal cases, with changes, Council considers necessary to approve it in the offered option.

The supreme council of magistracy according to provisions of Art. 4 and 24 of the Law on the Supreme council of magistracy solved:

1. Approve Regulations on determination of single national degrees of complexity of civil, criminal and administrative legal cases in the offered option with changes which are integral part of this decision.

2. The nomenclature of degrees of complexity (appendix No. 1) is integral part of the Provision and is subject to use for all cases according to the established instructions.

3. Cancel option of the Regulations on determination of single national degrees of complexity of civil, criminal and administrative legal cases approved by the Decision of the Supreme council of magistracy No. 149/11 of March 29, 2011.

4. This decision is transferred to all degrees of jurisdiction for acquaintance and application, 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

Dmitry Visternichan

Appendix

to the Decision of the Supreme council of magistracy of the Republic of Moldova of February 18, 2014 No. 165/6

Regulations on determination of single national degrees of complexity of civil, criminal and administrative legal cases

I. General provisions

1. The concept of financing of judicial system approved by the Decision of Parliament No. 39 of 18.03.2010 provides, in particular, implementation of objective and transparent instructions on establishment of operating budgets of degrees of jurisdiction, through prism of the weighed analysis of the number of the cases considered in each degree of jurisdiction during the certain period of time. Such weighed analysis will allow to increase efficiency of budgetary appropriations, to perform comparison between amount of the work performed by each degree of jurisdiction and each judge, to establish optimum amount of activities of the judge, to optimize and redistribute judgeship and support personnel in system, and also to provide more equitable distribution of number of cases to one judge in different degrees of jurisdiction.

2. The weighed load analysis on cases will be performed both based on amount of cases in point, and based on their complexity as the efforts made by judges by hearing of cases differ from one case to another. Thus, there was need of establishment, by means of this provision, single national degrees of complexity of civil, criminal and administrative cases.

3. Single national degrees of complexity are established in the Nomenclature of degrees of the complexity of civil, criminal and administrative cases which is integral part of this provision (see appendix No. 1).

II. Assessment of degrees of complexity

4. Degrees of complexity of cases reflect the level of intellectual, mental and moral efforts of the judge, time necessary for permission of case, and also the fact of the case (several objects, several parties, several volumes).

5. For the purpose of determination of single national degrees of complexity the Supreme council of magistracy constituted the Nomenclature of all categories of civil, criminal and administrative cases which sent to degrees of jurisdiction of the Republic of Moldova in November, 2010. The supreme council of magistracy demanded that degrees of jurisdiction estimated degrees of complexity of the cases on scale from 1 to 10 points included in the Nomenclature (where 1 point – the minimum complexity, and 10 points – the maximum complexity).

The supreme council of magistracy analyzed information obtained from degrees of jurisdiction, and, within the Working group consisting of high councilors of magistracy, representatives of the Highest trial chamber, judges from regular instances and appeal chambers determined single national degrees of complexity of civil criminal and administrative legal cases in December, 2010.

III. Initial, intermediate and final complexity of cases

6. Initial complexity put - it is the number of points automatically appropriated by the Integrated management program cases (further – "IPUD") at the time of registration in IPUD.

7. When at arrived in degree of jurisdiction put one subject (count), one volume and two parties, the number of points appropriated to IPUD to case at the time of registration will correspond to the number of points provided for this subject in the Nomenclature of degrees of complexity. After registration of case in IPUD case will be distributed randomly to the judge elected by IPUD.

8. If at arrived in degree of jurisdiction put several objects (counts), in IPUD the main subject, case which registration of minor objects then case will be distributed randomly to the judge elected by IPUD will follow will be registered at first.

9. Within this provision of IPUD counts as the main subject of case, subject for which the Nomenclature of degrees of complexity provides the highest number of points.

10. Minor subject of case is the subject which number of points are less in comparison with the number of points of the main subject of case according to the Nomenclature of degrees of complexity.

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