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LAW OF THE REPUBLIC OF MOLDOVA

of March 15, 2007 No. 59

About the status and the organization of activities of court session secretaries

(as amended on 29-11-2018)

The Parliament adopts this organic law.

Chapter I. Status of the court session secretary and his obligation

Article 1. Court session secretary

(1) Civil and criminal cases, and in the cases provided by the law and another matters are considered in the presence of the court session secretary.

(2) Work of the court session secretary is support in work of magistrates in case of administration of law, and his competence and correct execution of the obligations play important role in proper implementation of activities of degree of jurisdiction.

Article 2. Powers of the court session secretary

(1) the Court session secretary provides under the leadership of the judge or the chairman of degree of jurisdiction administrative and organizational support in effective implementation of legal procedure.

(2) the Court session secretary performs also other procedural powers provided Civil procedural, Criminal procedure by codes and the Code of Administrative Offences.

Article 3. Legal status of the court session secretary

(1) the Court session secretary has the status of the government employee. The rights and obligations of the secretary are regulated by this law, provisions of the Labor code of the Republic of Moldova and the Law on the state position and the status of the government employee No. 158-XVI of July 4, 2008.

(2) the Position of the court session secretary is included in the Single qualifier of the state positions.

Article 4. Independence of the court session secretary

(1) the Position of the court session secretary is public, it is performed by the secretary independently, under the leadership of the judge in case of execution of the functions by him.

(2) Any intervention in execution by the court session secretary of the functions is not allowed.

(3) In the activities the court session secretary submits only to the law.

Article 5. Professionalism, impartiality and commitment to case

The court session secretary shall fulfill service duties professionally, with impartiality and commitment to case, according to the law. He shall abstain from any actions able to cause damage to interests of physical persons or legal entities or prestige of justice.

Article 6. Obligations of the court session secretary

(1) the Court session secretary shall respect in the activities the rights and freedoms of persons, to observe their equality before the law and to provide non-discriminatory legal relations to all participants of legal procedure irrespective of their status in this process.

(2) the Court session secretary shall:

a) observe labor discipline;

b) not disclose data and information, access to which he got in the course of implementation of office activities;

c) during judicial session to be in the corresponding uniform;

d) respect the deontological professional rules;

e) undergo in accordance with the established procedure continuous training.

Article 7. Preserving professional secrecy

(1) the Court session secretary shall keep professional secrecy, observe confidentiality of the data and information which became to him known in case of execution of job responsibilities. The court can exempt it from this obligation if against it criminal case is brought.

(The Court session secretary has no right to comment or dispute 2) in mass media of the resolution and other decisions on cases which became known to it in case of execution of job responsibilities.

Article 8. Declaration on property and private interests

The court session secretary shall represent in established by the law procedure and terms the declaration on property and private interests

Article 9. Incompatibility and restriction

(1) the Position of the court session secretary is incompatible with occupation of any other public or private position except for relating to teaching and scientific activities including within National institute of justice.

(2) the Secretary has no right to perform activities in degree of jurisdiction, in which his close relative (the parent, the brother, the sister, children) or the cousin-in-law (the spouse or the spouse; the parent, the brother, the sister of the spouse or the spouse) holds judgeship.

(3) concerning position of the court session secretary there are also other restrictions provided by the Law on the state position and the status of the government employee No. 158-XVI of July 4, 2008.

Article 10. Organization of activities of the court session secretary, supervision and control

The candidate screen to position of the court session secretary made according to the regulations approved by the Supreme council of magistracy, the organization of its activities, supervision and control of activities of the secretary are performed by the chairman of degree of jurisdiction.

Chapter II. Candidates for position of the court session secretary

Article 11. Requirements to candidates for position of the court session secretary

The candidate for position of the court session secretary shall meet the following requirements:

a) be citizen of the Republic of Moldova and to live constantly in its territory;

b) have the higher education confirmed with the diploma of the licentiate or the equivalent education document or the secondary vocational education confirmed with the diploma;

c) have full legal capacity;

d) not have criminal record;

e) know state language;

f) be suitable for health reasons, according to the medical certificate, for execution of job responsibilities of the secretary.

Article 12. Contest for post of the court session secretary

(1) Competition on substitution of vacant position of the court session secretary is held among the selected candidates within each degree of jurisdiction according to the provision approved by the Supreme council of magistracy.

(2) the Person who won tender on substitution of vacant position of the court session secretary in accordance with the established procedure and conforming to requirements of Article 11, can be appointed to this position.

(3) If the candidate for vacant position of the court session secretary does not agree with result of tender, he has the right to appeal it according to the current legislation.

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