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LAW OF THE REPUBLIC OF MOLDOVA

of July 30, 2015 No. 151

About the Government representative

(as amended on 26-11-2020)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Purpose and scope of the law

(1) the Purpose of this law is ensuring compliance with the Convention on human rights protection and fundamental freedoms (further – the Convention) in the Republic of Moldova, regulation of representation of the Republic of Moldova in the European Court of Human Rights (further – European court) and procedure for execution of resolutions and decisions of European court.

2) This law determines the status of the Government representative, its obligation as the representative of the Republic of Moldova in European court, obligation by execution of resolutions and decisions of European court and by implementation of the Convention at the national level, and also other obligations.

Chapter II. Status of the Government representative

Article 2. Position assignment of the Government representative

(1) person who meets the following conditions can be the Candidate for position of the Government representative:

a) is citizen of the Republic of Moldova;

b) concerning it the judicial measure of protection in the form of guardianship is not established;

c) is licentiate of the right or has the equivalent diploma;

d) has no criminal records;

e) knows state language;

f) owns at least one of official languages of the Council of Europe;

g) it is capable to fulfill duties for health reasons;

h) has the corresponding seven-year work experience for execution of the obligations assigned to it;

i) it is not deprived of the right to hold certain positions or to perform certain activities as the primary or additional punishment imposed by the final judgment.

(2) the Government representative is appointed to position by the Government according to the proposal of the Minister of Justice for the single seven-year term. About position assignment of the Government representative it is reported to European court and the Secretariat of Committee of ministers of the Council of Europe through the Ministry of Foreign Affairs and European Integration.

(3) person concerning whom the prohibition on occupation of the state position or responsible state position following from the stating act of National authority on integrity is established cannot be appointed To position of the Government representative.

Article 3. Status of the Government representative

(1) the Position of the Government representative is responsible state position and is incompatible with other state position, political activities or any other paid activities, except for teaching, scientific and creative.

(2) In the activities the Government representative is guided by provisions of the Constitution of the Republic of Moldova, the Convention, Regulations of European court, this law, other existing regulations, and also international treaties which party is the Republic of Moldova.

(3) the Government representative submits to the Prime Minister and the Minister of Justice.

Article 4. Termination of activities of the Government representative

(1) the Government representative stops the activities in case:

a) resignations;

b) losses of nationality of the Republic of Moldova;

c) establishments of the disability confirmed with the medical certificate;

d) establishments concerning it judicial measure of protection in the form of guardianship;

e) removal of final conviction;

f) deprivations of the right to hold certain positions or to be engaged in certain activities as the primary or additional punishment imposed by the final judgment;

g) achievements of retirement age;

h) terminations of powers;

i) death;

j) in other cases provided by the law.

(2) the Government representative is dismissed by the Government according to the proposal of the Minister of Justice.

(3) In time no more than three months after the termination of activities of the Government representative the Government appoints the new Government representative to position.

Article 5. Functions of the Government representative

(1) the Government representative represents the Republic of Moldova in European court and according to the procedure, provided by the law, promotes execution of resolutions and decisions of European court on cases against the Republic of Moldova.

(2) in the field of representation of the Republic of Moldova in European court the Government representative performs the following functions:

a) represents the Republic of Moldova in European court;

b) takes measures for non-admission of konstatirovaniye by European court of violations of the Convention on cases against the Republic of Moldova;

c) takes measures for elimination of expected violations of the Convention and for compensation of damage suffered;

d) proposes to authorities to acceptance measures for adequate implementation of the Convention and application of standards of respect for the human rights established by law of European court;

e) provides the translation into state language of resolutions and decisions of European court on cases against the Republic of Moldova and their entering into the state register of resolutions and decisions of European court on cases against the Republic of Moldova;

f) addresses for interpretation, review or correction of resolutions and decisions of European court on cases against the Republic of Moldova.

(3) in the field of ensuring execution of resolutions and decisions of European court the Government representative performs the following functions:

a) develops and proposes measures which need to be accepted for execution of resolutions and decisions of European court, and coordinates process of their application;

b) performs monitoring of process of execution of resolutions and decisions of European court on the cases concerning the Republic of Moldova;

c) represents the interests of the Republic of Moldova in the relations with the Secretariat of the Council of Europe regarding execution of resolutions and decisions of European court on cases against the Republic of Moldova;

d) informs the Prime Minister, the Minister of Justice, the Minister of Foreign Affairs and European Integration and appropriate authorities on the main cases against the Republic of Moldova and the vital issues arising in case of execution of resolutions and decisions of European court.

(4) in the field of ensuring implementation of the Convention at the national level the Government representative:

a) represents the Republic of Moldova as the expert at the plenary sessions of intergovernmental committees of Committee of ministers of the Council of Europe of human rights, coordinating the actions with the Ministry of Foreign Affairs and European Integration;

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