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LAW OF THE REPUBLIC OF MOLDOVA

of June 17, 2016 No. 132

About National authority on integrity

(as amended on 16-12-2020)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Sphere of regulation

(This law regulates 1):

a) task, functions, powers, and also procedure for the organization and activities of National authority for integrity;

b) control procedure of property and private interests, observance of legal regime of conflict of interest, incompatibility, prohibitions and restrictions.

(2) the Concepts used in this law are applied in the value determined by the Law on declaring of property and private interests No. 133 of June 17, 2016 and the Law on integrity No. 82 of May 25, 2017.

Article 2. The status of National authority on integrity

(1) the National authority on integrity (further – Body) is the body of the public power independent of other public organizations, other legal entities of public or private law and physical persons operating as single structure at the national level.

(2) the Body is legal entity of the public law and has seal with the image of the State Emblem of the Republic of Moldova.

(3) the Location Organa – municipium of Chisinau.

(4) Subjects are holders of the state registers, other data necessary for effective fulfillment of the functions by Body, irrespective of form of business present Organa open entry to them through the interoperability platform created by the Government, with determination of conditions of access and use of these registers and data for respect for their integrity and confidentiality. The expenses connected with ensuring on-line connection with databases of the specified subjects become covered at the expense of means of the government budget.

Article 3. Basic principles of activities Organa

Activities Organa are based on the following principles:

a) legality;

b) independence;

c) impartiality;

d) transparency;

e) confidentiality;

f) efficiency;

g) integrity;

h) equality;

i) right of defense;

j) proper management.

Article 4. Activities financing Organa

(1) the Body is financed from the government budget.

(2) Voided.

(The Body develops 3), claims and administers the budget according to the principles, rules and procedures provided by the Law on public finance and budget and tax responsibility No. 181/2014.

(4) Activities Organa is subject to the annual audit booked by Audit Chamber.

Chapter II. Task, functions and powers Organa

Article 5. Task Organa

The body provides incorruptible execution of the state or responsible state position and the prevention of corruption by means of realization of control of property and private interests, observance of legal regime of conflict of interest, incompatibility, prohibitions and restrictions.

Article 6. Functions Organa

For the purpose of realization of the task the Body performs the following functions:

a) control of property and private interests;

b) control of observance of legal regime of conflict of interest, incompatibility, prohibitions and restrictions;

c) establishment and imposing of punishments for violation of legal regime of declaring of property and private interests, conflict of interest, incompatibility, prohibitions and restrictions;

d) cooperation with other organizations both on national, and at the international level;

e) providing the proper organization of Body and management of activities for promotion of integrity of subjects of declaring;

f) implementation of other functions established by the law.

Article 7. Powers Organa

(1) in the field of ensuring control of property and private interests Body:

a) collects, stores and publishes all declarations on property and private interests on the official web page and provides their permanent availability, except for the data and categories of the declarations determined in parts (2) and (3) article 9 of the Law on declaring of property and private interests;

b) exercises control of timely submission of declarations on property and private interests;

c) exercises control of property of subjects of declaring, establishes availability of essential discrepancy between income gained during execution of powers or the state positions and the property acquired during the same period and unreasonable and submits to degree of jurisdiction applications for the purpose of decision for confiscation of unreasonable property;

d) establishes errors or lack of data in declarations on property and private interests and informs criminal prosecution authority and/or the State Tax Administration for the purpose of determination of availability of elements of crime and/or check of observance of tax regime;

e) establishes the offenses concerning legal regime of declaring of property and private interests, carried to its competence according to the Code of the Republic of Moldova about offenses;

f) keeps the Electronic register of subjects of declaring of property and private interests.

(2) in the field of control of observance of legal regime of conflict of interest, incompatibility, prohibitions and restrictions Body:

a) establishes violation of legal regime of conflict of interest, incompatibility, prohibitions and restrictions;

b) demands from the management of the public organization or body responsible for position assignment of the subject of declaring, involvement of person who broke legal regime of conflict of interest, incompatibility, prohibitions and restrictions to disciplinary responsibility or, as necessary, decision about the termination of its powers, the employment or office relationships;

c) requests from the management of the public organization or body responsible for position assignment of the subject of declaring, suspension of powers of the subject of declaring for consideration in degree of jurisdiction of the stating act in case the substantive provisions of the stating act provide the termination of powers, the employment or office relationships for violation of legal regime of conflict of interest, incompatibility, prohibitions and restrictions;

d) resolves the conflicts of interest carried to its competence;

e) keeps order for the conflict resolution of interests heads of the public organizations;

f) submits to degree of jurisdiction applications for recognition of negligibility of the administrative act which is published/accepted, or transactions, committed, it is direct or through the third party, or the decision made with the violation of legal regime of conflict of interest established by the final stating act;

g) without delay after establishment of conflict of interest submits to degree of jurisdiction the application for the purpose of application as measure for providing the claim of suspension for process of the published/adopted administrative act, committed, it is direct or through the third party, transactions or the made decision;

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