ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of July 30, 2015 No. 331

About approval of the Regulations on activities of the Licensed commission and procedure for the admission in profession of the legal executive

According to the h. (3) Art. 10 and the Art. 11 part (1) and (5) the Law No. 113 of July 17, 2010 on legal executives (The official monitor of the Republic of Moldova, 2010, No. 126-128, 406) I ORDER to the Art.:

Approve Regulations on activities of the Licensed commission and procedure for the admission to tender, its carrying out, and also selection criteria of the best candidates of the admission for profession of the legal executive.

Approved by the Order of the Ministry of Justice of the Republic of Moldova of July 30, 2015 No. 331

Regulations on activities of the Licensed commission of legal executives

I. General provisions

1. This Provision establishes procedure for the organization of activities of the Licensed commission (further - the Commission) and procedure for carrying out tender on access to profession of the legal executive.

2. Legal basis of activities of the Commission is the Law No. 113 of July 17, 2010 on legal executives, this Provision and other regulations.

II. Creation, organization and activities of the Commission

3. The commission is created on for a period of 4 years. Membership in the commission is allowed throughout several mandates if it was chosen/is appointed according to the law.

4. Ceased to be valid according to the Order of the Ministry of Justice of the Republic of Moldova of 08.07.2019 No. 177

5. The nominal structure of the Commission affirms the order of the Minister of Justice.

6. The commission has the following powers:

a) establishes deadline for bids on the admission in profession of the legal executive;

b) considers the documents submitted by persons which passed professional training and makes decisions on the admission to tender on the admission in profession of the legal executive;

c) will organize competition on the admission in profession of the legal executive, develops and approves options of written works of tender and the list of interview questions, rating scale and provides their confidentiality;

d) provides holding written examination and interview;

e) estimates candidates and makes decisions concerning approval of results of tender on access to profession of the legal executive;

f) ceased to be valid;

g) pushes to the Minister of Justice the decision on licensing for activities of the legal executive to persons who underwent tender taking into account their territorial preference.

7. The member of the commission who cannot participate in meeting is replaced with the additional member of the commission. If the Commission established interest conflict availability concerning one of members, it is replaced by the additional member of the commission.

8. The member of the commission shall notify before date of meeting the commission chairman, the secretariat and the additional member of the commission on the absence on commission session or on impossibility of participation in consideration of one of the questions included in the agenda.

If the member of the commission is replaced in meeting by the additional member, he shall transfer the considered materials to the additional member of the commission.

9. Ceased to be valid according to the Order of the Ministry of Justice of the Republic of Moldova of 08.07.2019 No. 177

10. In case of the termination of membership in the Commission the mandate of the new member (additional) will constitute remaining period of the mandate of the member of the commission to the place of which it was chosen, appointed or delegated.

11. The commission is convoked on meetings as required.

12. The chairman who opens meeting presides over commission sessions.

13. The member or the additional member of the commission having separate opinion concerning the decision states it in writing. The separate opinion is filed.

14. The commission chairman is elected by a majority vote members of the commission from their number the elected members.

15. The commission chairman has the following powers:

a) activities of the Commission direct and will organize;

b) represents the Commission in the relations with other bodies and public organizations, physical persons or legal entities;

c) after consultation with members of the commission fixes date and time of holding meetings, presides over meetings;

d) signs acts of the Commission;

e) performs other powers provided by this Provision.

16. In case of absence of the Chairman its powers are delegated by vote to other member. The members who are present at meeting can choose from the present chairman's members, and in case of impossibility of election these powers will be performed by the senior on age.

17. Work of the Commission is reflected in the protocol which contains the following data:

a) members of the commission and other participants of meeting;

b) date, time and venue of meeting;

c) agenda;

d) the questions put to the vote, statements shown prior to meeting;

e) results of vote;

f) the made decision.

18. Protocols and decisions of the Commission are signed by the chairman and the secretary of the Commission.

19. Commission sessions are held with the assistance of at least 5 members. The commission makes decisions by at least 4 voices. Abstention from vote is not allowed.

20. Decisions of the Commission are constituted in writing and published on official web pages of the Ministry of Justice and National union of legal executives.

21. The secretariat of the Commission is provided with National union of legal executives. The secretary of the Commission is appointed by National union of legal executives.

22. The secretary of the Commission has the following powers:

a) records the documents submitted by candidates for participation in tender for access to profession of the legal executive;

b) registers candidates in the special register of candidates for participation in tender;

c) archives the cases given candidates, protocols of commission sessions and the made decisions;

d) transfers to National union of legal executives the documents necessary for forming of the personal record of the legal executive;

e) prepares documents, necessary for holding meeting;

f) informs members of the commission on date, time and the venue of meeting, the agenda;

f-1) convokes the first commission session;

g) accepts at candidates case for tender and verifies copies of the received acts with their original;

h) codes and decodes works of candidates;

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