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Ministry of Justice

Republic of Moldova

On December 2, 2015 No. 1083

ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of December 2, 2015 No. 635

About approval of the Regulations on the organization and functioning of Council for mediation and Regulations on selection of mediators and the representative of civil society as members of council on mediation on the basis of open tender

According to lit.b) Art. 8 and parts (3) Art. 9 of the Law No. 137 of July 3, 2015 on mediation (The official monitor of the Republic of Moldova, 2015, Art. No. 224-233, 445), and also lit.b) subitem 7, Item 5 of the Regulations on the organization and functioning of the Ministry of Justice approved by the Order of the Government No. 736 3 of October, 2012 with subsequent changes (The official monitor of the Republic of Moldova, 2012, to Art. No. 212-215, 799), I ORDER:

1. Approve:

a) Regulations on the organization and functioning of Council for mediation according to appendix No. 1;

b) Regulations on selection of mediators and the representative of civil society as members of council on mediation on the basis of open tender according to appendix No. 2.

2. This Order becomes effective from the date of publication, except for regulations on remuneration and appointment of members of council which become effective since date of the expiration of powers of the operating Council for mediation.

3. Publish this order in the Official monitor of the Republic of Moldova.

Minister of Justice

Vladimir Chebotar

Appendix № 1

to the Order of the Minister of Justice of the Republic of Moldova of December 2, 2015 No. 635

Regulations on the organization and functioning of Council for mediation

I. General provisions

1. This Provision regulates legal status, structure of Council for mediation (further - Council), procedure for the organization and implementation of activities of Council and the termination of the mandate of the member of council.

2. Council is collegiate organ, with the status of the legal entity of the public law which has seal with the name in state language. Council has the location in мун. Chisinau.

3. Council performs activities according to the Law No. 137 of July 3, 2015 on mediation and this Provision.

II. Creation and structure of Council

4. Council consists of 9 following members:

a) five mediators;

b) one representative of civil society;

c) one member appointed by National council on the legal aid guaranteed by the state;

d) one representative of lawyers appointed by Council of the Union of lawyers;

e) one notary delegated by general meeting of notaries.

5. For the members of council specified in лит.с) - е) Item 4, the responsible organization appoints on one reserve member.

6. Members of council shall conform to the following requirements:

a) have the higher education;

b) have professional competence at least 3 years;

c) not have criminal record;

d) have full legal capacity;

e) have common knowledge in society;

f) have faultless reputation;

g) know state language.

7. The staff of Council affirms the order of the Minister of Justice.

8. The member of council carries out the activities according to the mandate. The term of the mandate of the member of council constitutes 4 years. Members of council cannot perform the powers more than two terms in a row.

III. Termination of powers of the member of council

9. Membership in Council stops in the following cases:

a) expirations of the mandate;

b) filing of application;

c) death;

d) response.

10. The response of the member of council can take place before the expiration of the mandate, in situations when it:

a) does not conform to the requirements established in item 6;

b) does not consist in the organization which appointed it as the member.

11. The response is performed based on the petition of Council or based on the appeal of organization for the cases specified in lit.s) - e) the item 4, the resolution approved by secret vote by a majority vote of members of council.

12. If the members of council specified in лит.с respond) - e) the item 4, the reserve member performs their mandate before the expiration. If the members of council specified in lit.a respond) and b) items 4, are appointed new members to the new period of the mandate.

13. The termination of membership is stated on the bases of the resolution of Council and is brought to the attention of the Ministry of Justice. The Minister of Justice according to the offer of Council within 10 working days issues the order on the termination of membership in Council and announces public competition for election of the members specified in lit.a) and b) item 4 for the new period of the mandate.

IV. Functions of Council

14. Council has the following functions:

a) will organize certification of mediators on the basis of basic and continuous training according to the Law No. 137 of July 3, 2015 on mediation and the Provision about certifications of mediators;

b) regulates and controls procedure for the organization and development of rates of mediation;

c) accredits suppliers of elementary and subsequent training of mediators;

d) makes the decision on forming of ad hoc commissions and offers the Ministry of Justice approval of their powers and procedure for their functioning;

e) approves the activities report of Council, and also the annual statement about realization the politician in the field of mediation;

f) considers the claims concerning activities of mediator;

g) provides publicizing of activities of Council by publication of public information on its official site.

15. For the purpose of accomplishment of the obligations Council cooperates with state bodies and organizations, non-profit organizations, other legal entities and physical persons as in the Republic of Moldova and abroad.

V. Procedure for the organization and activities of Council

16. Council is headed by the chairman. The chairman is elected by secret vote by a majority vote members of council for 2 years. The chairman can take up position two mandates in a row.

17. For the purpose of the effective organization of activities of Council, except the powers specified in Art. 10 by the Law No. 137 of July 3, 2015 on mediation, the chairman:

a) publishes orders;

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