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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 12, 2015 No. 817

About approval of the Regulations on activities of the Commission on authorization and discipline of the authorized managing directors

According to article 7 of the Law No. 161 of July 18, 2014 on the authorized managing directors (The official monitor of the Republic of Moldova, 2014, Art. No. 293-296, 605) DECIDES: the Government

Approve Regulations on activities of the Commission on authorization and discipline of the authorized managing directors it (is applied).

Acting as Prime Minister

George Brega

Countersign:

deputy. Prime Minister, Minister of Economic Affairs

 

Stefan Christoph Brid

Minister of Justice

Vladimir Chebotar

 

Approved by the Order of the Government of the Republic of Moldova of November 12, 2015 No. 817

Regulations on activities of the Commission on authorization and discipline of the authorized managing directors

I. General provisions

1. This Provision establishes procedure for the organization of activities and power of the Commission on authorization and discipline of the authorized managing directors (further – the Commission) within the procedure of authorization and consideration of cases of attraction to disciplinary responsibility of the authorized managing directors.

2. The commission is the collegiate, advisory body which does not have the status of the legal entity, permanent and independent when implementing the powers. Record keeping of the Commission is provided with the Ministry of Justice.

3. The legal basis of activities of the Commission is the Law No. 161 of July 18, 2014 about the authorized managing directors and this Provision.

II. Creation, organization and activities of the Commission

4. The commission is created by the order of the Minister of Justice. Her members are appointed to four-year term and more than two terms in a row cannot perform the powers.

5. The commission consists of nine regular members and nine additional members appointed as follows:

a) three representatives – from the Ministry of Justice;

b) one representative – from the Ministry of Economics;

c) one law professor appointed by the Ministry of Justice on the basis of open tender;

d) one professor of economic sciences appointed by the Ministry of Economics on the basis of open tender;

e) three representatives – from the Union of the authorized managing directors from among the managing directors having at least three-year professional years of service and faultless reputation.

6. Additional members of the commission are appointed in the same way, as well as her main members.

7. Membership in the Commission is incompatible with membership in the Commission on medical ethics and professional training of the Union of the authorized managing directors.

8. The authorized managing directors who made the disciplinary offenses established for the last three years have no right to be members or additional members of the commission.

9. Activities of the Commission will be organized and controlled by the chairman elected by secret vote of her members. The commission chairman is elected by a majority vote members of the commission. The mandate of the chairman constitutes 4 years. The position of the chairman can be performed two mandates in a row.

10. The commission chairman can be recalled at the request of at least four members if he does not carry out the powers established by this Provision. The decision on response of the commission chairman is made by secret vote at least six members.

11. The commission chairman is given the following authority:

a) performs management and the organization of activities of the Commission;

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

c) in coordination with members of the commission establishes date and time of holding meeting, presides over commission sessions;

d) signs acts of the Commission;

e) performs also other powers determined by this Provision.

12. Members of the commission are allocated with the following obligations:

a) consider the complaints received from the subjects having the right of the appeal to the Commission;

b) demand from authorized administrators of representation of opinions, documents and other necessary proofs;

c) participate in consideration of the questions specified in the agenda;

d) carry out other obligations following from activities of the Commission.

13. The commission performs the activities at the regular meetings which are convened as required, but at least once in half-year. Commission sessions are considered competent if at least five members participate in them.

14. In case of absence of the chairman its powers are delegated to other permanent member. If the chairman does not appoint the corresponding member or the appointed member is absent, the members of the commission who are present at meeting can choose one member from attendees for conducting meeting as the chairman of meeting and if it is impossible, its powers will be delegated to the most senior member.

15. If the commission chairman is not able to fulfill the duties on extent more than two months for the unreasonable reasons, choose other commission chairman as it stipulated in Item 9th this provision.

16. The mandate of the member of the commission stops in the following cases:

a) expiration;

b) cancellation of the mandate by body which appointed it if the member of the commission unreasonably was not present at three consecutive meetings or at four meetings within calendar year;

c) voluntary refusal of membership;

d) establishment by the final decision of the Commission of disciplinary violation or application of the disciplinary sanction provided by part (2) article 36 of the Law No. 161 of July 18, 2014;

e) abuse of regulations, concerning conflict of interest, by refusal of withdrawal of the deliberate decision not to take rejection by consideration of the question specified in the agenda;

f) if the members specified in subitems c) and d) Item 5 within one month from the moment of their appointment, do not resolve issue of double representation;

g) the termination of quality of the member of the Union of the authorized managing directors or professor;

h) death.

17. The mandate of the member and additional member of the commission stops in the following cases:

a) suspension of operations on workplace;

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