LAW OF THE REPUBLIC OF MOLDOVA

of July 31, 2015 No. 164

About approval of the Regulations on the organization and functioning of Office of the national lawyer

For the purpose of execution of the Law on the national lawyer (ombudsman) No. 52 of April 3, 2014

The parliament adopts this ordinary law.

Art. 1. – (To Approve 1):

a) Regulations on the organization and functioning of Office of the national lawyer according to appendix;

b) the extreme number of staff of Office of the national lawyer in number of 72 units.

(2) According to the reasonable proposal of the limiting national lawyer the number of staff of Office of the national lawyer can be changed by Parliament.

Art. 2. – Declare invalid the Resolution of Parliament on approval of the Regulations on the Center for human rights, its structure, the staff list and procedure for financing No. 57-XVI of March 20, 2008 (The official monitor of the Republic of Moldova, 2008, No. 81, the Art. 276), with subsequent changes.

Appendix

Regulations on the organization and functioning of Office of the national lawyer

I. General provisions

1. The office of the national lawyer (further – Office) will be organized and functions according to the Law on the national lawyer (ombudsman) No. 52 of April 3, 2014 and this Provision. The office is autonomous body of the public power and has organizational, functional, operational and financial independence in relation to any body of the public power, the legal entity irrespective of type of property and form of business, to any physical person, including the official of any level.

2. The national lawyer and his deputies, the national lawyer on protection of the rights of the child, the secretary general and personnel of Office are part of Office.

3. The office provides organizational, legal, information and technical assistance to the national lawyer for the purpose of execution of the obligations by it.

4. The office has the status of the legal entity, has the seal and letterheads containing its name and the image of the State Emblem.

5. The regulations on internal rules and procedures of Office affirm the national lawyer according to the proposal of the secretary general.

6. The Office location – municipium of Chisinau.

6-1. Financial statements of Office of the national lawyer are subject to the external public audit booked by Audit Chamber according to the national legislation and international standards of the highest auditor organizations.

II. Functions and obligations of office

7. The office performs the following main functions:

1) enhancement of the legislation is promoted also by the practician in the field of human rights and freedoms;

2) is monitorirut by extent of observance of human rights and freedoms by bodies of the public power, the organizations and the companies irrespective of type of property and form of business, and also officials of any level;

3) assists recovery in the rights of persons whose rights and freedoms are presumably broken by the Republic of Moldova;

4) is provided by promotion in society of human rights and freedoms and informing the general public on activities of the national lawyer;

5) is provided by cooperation with the national and international non-profit organizations performing activities in the field of protection of human rights and freedoms and also cooperation with mass media;

6) is provided by the help to the national lawyer, national lawyer on protection of the rights of the child and members of council according to the prevention of tortures for the purpose of execution of the obligations by them.

8. For the purpose of effective fulfillment of the main Office functions has the following obligations:

1) provides necessary assistance to the national lawyer and the national lawyer on protection of the rights of the child in case of development of offers and recommendations about enhancement of the legislation for the purpose of elimination of the reasons and conditions creating prerequisites for violation of human rights and freedoms;

2) develops opinions concerning compatibility of the national legal system with the international legal documents in the field of human rights and freedoms, and also opinion according to drafts of the regulations affecting human rights and freedoms and also formulates the points of view upon the demand of the Constitutional court;

3) prepares projects of requests in the Constitutional court about control of constitutionality of the laws and resolutions of Parliament, presidential decrees of the Republic of Moldova, resolutions and ordinances of the Government, and also international treaties, one of the parties of which is the Republic of Moldova;

4) develops offers and recommendations of ratification or accession to the international documents in the field of human rights and freedoms and provides the methodological help for ensuring their implementation;

Collects 5) and analyzes information on violation of human rights and freedoms and develops case studies or reports on observance of human rights and freedoms;

Develops 6) and represents to bodies of the public power, the organizations and the companies irrespective of type of property and form of business and to officials of any level of the note and offer of general procedure, the concerning providing human rights and freedoms, and also on improvement of activities of those;

7) is monitorirut by implementation of the legislation in the field of human rights and freedoms;

8) makes offers and participates in development of program documents according to the prevention of violations and ensuring compliance with human rights and freedoms;

9) studies experience and practice of other states, legal proceedings of national and international degrees of jurisdiction, own practice and practice of other subjects with powers in the field of promotion and protection of human rights and freedoms, accumulates statistical data;

10) is provided by reception of applications of applicants, their consideration and consideration of addresses of the national lawyer and national lawyer on protection of the rights of the child on own initiative;

11) promotes permission by mutual consent of the conflicts between persons and bodies of the public power, the organizations and the companies irrespective of type of property and form of business and officials of any level;

12) develops recommendations about taking measures for immediate recovery of the violated rights of applicants;

13) provides submission of claims in degrees of jurisdiction and the introduction in processes to provide the conclusions for the purpose of protection of human rights and freedoms;

14) through mass media and with use of other available means is called by the public for observance of human rights and freedoms;

Reports 15) about cases of violation of human rights and freedoms;

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