LAW OF THE REPUBLIC OF MOLDOVA

of October 28, 2004 No. 353-XV

About the Government representative

Considering importance of respect for the basic principles of international law in the field of human rights, and also need of representation of official opinion of the Government for the European Court of Human Rights, based on Item r) parts (3) article 72 of the Constitution of the Republic of Moldova

The parliament adopts this organic law.

Section I General provisions

Art. 1. - This law establishes the status, functions and procedure for activities of the Government representative, and also the sphere of its activities.

Art. 2. - In this law the following basic concepts are used:

The government representative - the representative of the Government of the Republic of Moldova in the European Court of Human Rights;

Court - the European Court of Human Rights (ECHR);

Committee of Ministers - Committee of Ministers of the Council of Europe;

Convention - European convention on human rights protection and fundamental freedoms and additional protocols to it;

Regulations on Court - Regulations on the European Court of Human Rights.

Art. 3. - (1) the Government representative according to Convention provisions, Regulations on Court and this law represents the Government in Court.

(2) the Government representative acts as a part of the Ministry of Justice.

Section II Status of the Government Representative

Art. 4. - (1) the Government representative is appointed to position and is dismissed by the Government according to the proposal of the Minister of Justice.

(2) About position assignment and dismissal of the Government representative it is reported to Court through Permanent mission of the Republic of Moldova under the Council of Europe.

(3) the Candidate for position of the Government representative shall conform to the following requirements:

a) be licentiate of the right;

b) have general knowledge and work experience in area of the right, including administrative right;

c) have work experience in area of human rights protection;

d) be fluent in at least than one of working languages Sudaangliysky or French.

(4) the Government representative during execution of the job responsibilities is member of personnel of diplomatic service of the Republic of Moldova.

Art. 5. - The government representative submits to the Prime Minister and the Minister of Justice.

Section III of Function and procedure for activities of the Government representative

Art. 6. - The government representative performs the following functions:

a) represents the Government of the Republic of Moldova in Court and performs other functions provided by the Convention or Regulations on Court;

b) exercises supervision of correctness of measures, the judgments made for execution, and proposes to competent authorities for acceptance measures of general nature in order to avoid new violations of provisions of the Convention and additional protocols;

c) informs the Prime Minister on passing of cases in Court;

d) represents the Government at special meetings of Coordinating committee on human rights (CDDH) and the Committee of experts in improvement of procedures for human rights protection (DH-PR) subordinated to it;

e) provides informing judges, prosecutors and government employees on law of Court;

f) periodically informs the Ministry of Foreign Affairs, including at its request, on measures which shall be undertaken by bodies public the authorities of the republic Moldova for the purpose of execution of the judgments.

Art. 7. - (1) the Republic of Moldova takes a legal action on interstate cases through the Government representative on the decision of the Government.

(2) If in any case considered by Court, claimant is the citizen of the Republic of Moldova, and the defendant - other, than the Republic of Moldova, the state which is the Party of the Convention, the Government representative from the government authorization acts as the third party.

Art. 8. - In cases when defendant is the Republic of Moldova, and the claimant - the individual who is the citizen of another of gosudarstvastorona of the Convention, the Government representative notifies on case availability the state which citizen is the claimant that it could exercise the intervention right. The notification is performed through diplomatic representation of the Republic of Moldova in this state, and in case of its absence - through diplomatic representation of this state under the Council of Europe.

Art. 9. - The government representative cooperates with bodies of the public power and other legal entities of public or private law.

Art. 10. - (1) Organa of the public power and other legal entities of public or private law shall send to the Government representative to the terms established by it required documents, data and information.

(2) the Government representative shall observe confidentiality of documents, data and information according to the law.

(3) the documents, data and information concerning violation of the right to private life cannot be transferred to the Government representative.

Art. 11. - If actions or failure to act of representatives of bodies of the public power or the decisions made by these bodies obviously violate human rights and freedoms, the Government representative has the right to address on position competent authorities with the offer to eliminate the allowed violations and to take necessary measures for exact and uniform observance of the Convention and the corresponding application of law of Court.

Art. 12. - (1) In case special knowledge is necessary, the Government representative can request conducting legal examination from body of the public power, the public or other institution.

(2) the Examination performed by body of the public power and public institution is free, and carried out by other organization - it is paid from the budget of the Ministry of Justice.

Art. 13. - (1) Friendly settlement of the proceedings initiated against the Republic of Moldova based on the individual statement is performed by mutual consent.

(2) the Agreement on friendly settlement is signed between the Government of the Republic of Moldova provided by the Government representative, and the claimant or his representative.

(3) the Agreement on friendly settlement is signed in writing, at the same time one copy is constituted for the Government representative and in one copy for each claimant - Agreement parties and for Court.

(4) For friendly settlement of case the Government representative requests the conclusions of the Ministry of Finance, other bodies of the public power or bodies to which violation of the rights of the claimant is charged. The conclusions have advisory character and shall be provided to the Government representative within 10 working days from the date of receipt of request if other term is not provided in it.

Art. 14. - According to article 43 of the Convention the Government representative from the government authorization can demand the direction of case for consideration in Big Chamber.

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