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LAW OF THE REPUBLIC OF MOLDOVA

of June 17, 2016 No. 133

About declaring of property and private interests

(as amended on 16-12-2020)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Scope and purpose of the law

(This law regulates 1):

a) obligation and procedure for declaring of property and private interests by subjects of declaring and members of their families, their cohabitants / cohabitants;

b) the mechanism of control of the property acquired by the subject of declaring and members of his family, the cohabitant/cohabitant during implementation of powers or execution of the state positions or responsible state positions, and control of observance of legal regime of conflict of interest, incompatibility, restrictions and prohibitions.

(2) the Purpose of this law is establishment of measures for the prevention of unreasonable enrichment, conflict of interest, provisions of incompatibility and fight against them, and also violations of legal regime of restrictions and prohibitions.

Article 2. Concepts

For the purposes of this law the following concepts are used in value:

property – set of objects which are owned by the subject of declaring on the property right, usufruct, use, accommodation, superficies or which are in ownership of the subject of declaring or members of his family or the cohabitant/cohabitant based on agreements of the order, the commission, trust management, and also agreements of transfer of right of possession and use, and set of the property rights and obligations acquired by the subject of declaring in the country or abroad;

the vygodopriobretayushchy owner - physical person which eventually controls other physical either owns or controls the legal entity, or the beneficiary of investment society or the administrator of investment society, or person at the request of whom the transaction is carried out or is performed activities and/or which has, directly or indirectly, the property right or control over at least than 25 percent of shares or voting powers of the legal entity or property in trust management;

the cohabitant/cohabitant – the partner/partner together with which/whom the subject of declaring lived, owning, using or disposing without marriage of one or several objects previous tax year. It is supposed that persons who for the previous tax year lived together at least 183 days have the status of the cohabitant/cohabitant;

conflict of interest – situation in which the subject of declaring has the private interest influencing capable to influence impartial and objective accomplishment of the powers and obligations assigned to it by the law;

considerable discrepancy – the difference exceeding 20 average salaries on economy between the acquired property and income gained by the subject of declaring together with members of his family, his cohabitant / cohabitant during execution of powers, the state positions or responsible state positions during the same period;

private interest – any interest, material or non-material, the subject of declaring, following from its activities as the individual, from the relations with close persons or with legal entities and other business entities irrespective of property type, from the relations or communications with non-profit organizations, including political parties, with the international organizations;

the family member – the spouses/spouse, the minor child including adopted or person which is dependent on subject to declaring;

the public organization – any body of the public power (judicial body, jurisdictional body, body of the central or local public authority, and also administrative authorities, autonomous body of the public power subordinated to them), public organization, the state organization, state body, collegiate organ with the status of the legal entity of the public law, self-government institutions, the state or municipal company, economic society or financial institution with mainly state capital;

the dependent – person corresponding in total to the following conditions:

a) lives together with the subject of declaring or is in its dependence, including based on the contract on the perpetual maintenance;

b) has the annual earnings which are not exceeding two average salaries on economy;

close person - the spouse, the spouse, children, the cohabitant/cohabitant of the subject of declaring, person which is dependent on the subject of declaring and also the relative by birth or by means of adoption (the parent, the brother/sister, the grandfather/grandma, the grandson/granddaughter, the nephew/niece, the uncle/aunt) and the cousin-in-law (the brother-in-law/brother-in-law, the sister-in-law/sister-in-law, the father-in-law/mother-in-law, the father-in-law/mother-in-law, the son-in-law/daughter-in-law);

the income – any pecuniary benefit, irrespective of origin source, received by the subject of declaring and members of his family, his cohabitant / cohabitant both within the country, and abroad.

Article 3. Subjects of declaring of property and private interests

(1) Subjects of declaring of property and private interests are:

a) the persons who are taking up responsible state positions, provided by appendix to the Law on the status of persons who are taking up responsible state positions No. 199 of July 16, 2010;

b) members of the Supervisory board of the public Teleradio-Moldova Company national teleradio organization, Teleradio Gagauzia Company; advisers of village councils (communes), city (municipal), regional councils; deputies of People's Assembly of territorial autonomous education Gagauzia;

c) high councilors of magistracy and the Supreme council of prosecutors from teachers, and also members of the bodies subordinated to the Supreme council of magistracy and the Supreme council of prosecutors;

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