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LAW OF THE REPUBLIC OF MOLDOVA

of April 21, 2016 No. 76

About reorganization of degrees of jurisdiction

(as amended of the Law of the Republic of Moldova of 16.12.2016 No. 284)

For the purpose of quality assurance of the act of justice, efficiency of judicial system, equitable distribution of tasks between degrees of jurisdiction, effective use of public funds, and also creation of premises for specialization of judges

The Parliament adopts this organic law.

Chapter I. Reorganization of system of degrees of jurisdiction

Art. 1. – (1) the System of degrees of jurisdiction of the Republic of Moldova will be reorganized as follows:

a) courts to Chentr, Buyukan, Ryshkan, the Botanist and Chokana of municipium of Chisinau unite by merge, forming Court of Chisinau;

b) courts of Felesht and Syndzherey combine with court of Belts by merge, creating Court of Belts;

c) Bender's court combines with court Aneny Noy by merge, creating Court Aneny Noy;

d) courts of Basarabyask and Leov combine with Chimishliya's court by merge, creating Chimishliya's Court;

e) courts of Brichen, Dondushen and Oknits combine with court Edinets by merge, creating Court Edinets;

f) courts Kantemir and Tarakliya combine with court Kakhul by merge, creating Court Kakhul;

g) the court of Kelerash combines with court of Streshen by merge, creating Court of Streshen;

h) the court Stefan Wode combines with court of Keushen by merge, creating Court of Keushen;

i) courts of Chadyr-Lunga and Vulkenesht combine with court Comrat by merge, creating Court Comrat;

j) the court Dubesar combines with court of Kriulen by merge, creating Court of Kriulen;

k) courts of Ryshkan and Gloden combine with Drokiya's court by merge, creating Drokiya's Court;

l) the court of Floresht combines with court of Forty by merge, creating Court of Forty;

m) the court of Yaloven combines with court of Hynchesht by merge, creating Court of Hynchesht;

n) the court of Nisporen combines with court of Ungen by merge, creating Court of Ungen;

o) courts of Sholdenesht, Rezina and Telenesht combine with court Orkhey by merge, creating Court Orkhey.

(The Rights and obligations of the joint courts pass 2) to newly created court according to provisions of the Civil code of the Republic of Moldova.

(3) the District commercial court and Military court stop the activities since April 1, 2017.

Art. 2. – (1) the Newly created courts formed according to part (1) Articles 1, will begin the activities since January 1, 2017.

(2) Consolidation of locations of courts will be performed gradually, till December 31, 2027, in process of creation for this purpose of conditions according to the plan approved by Parliament on government proposal.

(3) Before creation of conditions for functioning in the single location the courts formed according to part (1) Articles 1, will have several locations, and the location of newly created court according to appendix to this law will be central. The chairman, the vice-chairman and the chief of the secretariat of court are in its central location.

(4) Activities for management of each location of court, except for the central location, are performed by the administrator of the building appointed the chairman of justices.

(5) Reorganization of configuration of the Integrated management program cases concerning distribution of cases in degrees of jurisdiction will be performed in process of consolidation of locations of newly created courts.

Art. 3. – (1) Judges of the merged courts are considered as judges of the newly created courts formed according to part (1) Article 1.

(2) After the termination of activities of District commercial court and Military court transfer into vacant positions in other courts formed according to part (1) article 1 of this law will be offered their judges. In departure from article 20 of the Law on the status of the judge No. 544-XIII of July 20, 1995 to transfer of judges from the courts stopping the activities based on part (3) article 1 of this law, assessment does not precede them activities.

(3) Before creation according to Article 2 of necessary conditions for accommodation of judges in the central locations of vessels of the judge will continue to perform the activities in locations of courts which merged.

(4) to the Supreme council of magistracy till January 1, 2017:

a) establish and approve number of judges in courts, procedure for their distribution on all locations of courts according to labor load of judges on system, and also to provide transfer of judges;

b) approve the basic rules of specialization of judges.

(5) Till July 1, 2017 to chairmen of the courts, formed according to part (1) Articles 1, to establish procedure for specialization of judges.

Art. 4. – (1) the Term of office of all chairmen and deputy chairmen of the courts formed according to part (1) Articles 1, stops by the right of January 1, 2017.

(2) If the term of office to which the chairman or the vice-chairman of court was appointed earlier expires after January 1, 2017, it will not be taken into account in case of new appointment when calculating number of terms of office to which in a row corresponding chairman or the vice-chairman was appointed.

(3) Court session secretaries and assistants to judges of the courts which are subject to merge will be transferred till January 1, 2017 to newly created courts. Court session secretaries and assistants to judges of the courts which are subject to merge will continue to perform activities in the locations of the last before creation according to Article 2 of necessary conditions for their placement in the central locations of courts.

(4) Court session secretaries and assistants to the judges stopping the activity of the courts are employed in newly created courts in first-priority procedure.

(5) After change of the number of staff of courts the released personnel of the secretariats of the merged courts and courts stopping the activities, except for the personnel provided by parts (3) and (4) this Article, it is employed in first-priority procedure in the secretariats of the courts formed according to part (1) article 1 of this law, within vacant established posts, with compliance with law about the state position and the status of the government employee No. 158-XVI of July 4, 2008 and the labor law.

(6) Change of the number of staff of the secretariats of courts is performed as necessary, in process of reorganization of degrees of jurisdiction and creation of necessary conditions for their functioning.

(7) to the Supreme council of magistracy till January 1, 2017:

a) organize competitions on substitution of positions of chairmen and deputy chairmen of the courts according to provisions of the Law on judicial system No. 514-XIII of July 6, 1995;

b) establish and approve quantity of established posts for the secretariats of courts, and also procedure for their distribution in the locations of courts.

Art. 5. – (1) the Actions for declaration on civil cases, criminal cases and cases on offenses submitted to the courts which are subject to merge will be considered according to the law judges to whom they were distributed.

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