ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 9, 2016 No. 967

About the mechanism of public consultations with civil society in decision making process

Based on part (3) article 11 of the Law No. 239-XVI of November 13, 2008 on transparency of decision making process (The official monitor of the Republic of Moldova, 2008, Art. No. 215-217, 798), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations on procedures of carrying out open consultations with civil society in decision making process according to appendix.

2. The state office, the ministries, other central administrative authorities and their decentralized public services till 2 months:

1) to staticize the internal procedures concerning transparency in decision making process;

To appoint 2) public consultations with civil society, responsible for coordination of process, in decision making process;

3) to create institutional phone line for informing civil society;

4) to develop, staticize and publish the list of non-governmental organizations on spheres of activity.

3. Recommend to regulating authorities and bodies of local public authority to staticize the internal procedures relating to transparency in decision making process and also to develop, staticize and publish the list of non-governmental organizations on spheres of activity.

4. State office:

1) till 4 months to create the internal division responsible for public consultations with civil society in decision making process;

2) to perform monitoring of observance by the central bodies of public management of provisions of the Law No. 239-XVI of November 13, 2008 on transparency of decision making process and this resolution;

To develop 3) annually, no later than the end of the first quarter of the year following after accounting year, the report on transparency in decision making process and to place it on the official web page.

5. Recognize invalid:

1) the Order of the Government No. 96 of February 16, 2010. "About actions for implementation of the Law No. 239-XVI of November 13, 2008 on transparency of decision making process" (The official monitor of the Republic of Moldova, 2010, Art. No. 30-31, 161);

2) the Order of the Government No. 829 of November 20, 2015. "About modification and amendments in the Order of the Government No. 96 of February 16, 2010" (The official monitor of the Republic of Moldova, 2015, Art. No. 317-323, 931).

Appendix

to the Order of the Government of the Republic of Moldova of August 9, 2016 No. 967

Regulations on procedures of public consultations with civil society in decision making process

I. General provisions

1. The regulations on procedures of public consultations with civil society in decision making process (further – the Provision) establish procedures of ensuring transparency in the course of development and decision making.

2. For the purpose of this provision the following concepts are used:

1) the analysis of ex-ante – process of identification of problem, task, possible methods of the problem resolution or accomplishment of task and the analysis of consequences or impact of these methods before decision making;

2) informing general nature (further – general informing) – action for information transfer about decision making process in bodies of the public power of the uncertain general public, without private requirements and preferences of some concerned parties on adoption of information;

3) informing directed nature (further – directed informing) – action for information transfer about decision making process in bodies of the public power to certain concerned parties by means of the means specified by them on acceptance of information;

4) the announcement of the organization of public consultations – information transferred by bodies of the public power for bringing to data of concerned parties of the fact of start of process of public consultations for the draft decision;

5) person responsible for coordinating of process of public consultations – the government employee or the employee of body of the public power given with function on coordinating and monitoring of ensuring transparency of process of development and adoption of drafts of decisions within relevant organ;

6) division author – the division of body of the public power responsible for project development of the decision;

7) the concerned party – citizens, the associations created according to the law legal entities of private law whom can influence or decision making and which can influence decision making process could influence;

8) decision making process – the procedure of development and decision making by the bodies of the public power falling under operation of this resolution.

3. The following bodies fall under action of this provision:

1) Government;

2) autonomous bodies of the public power;

3) industry bodies of the central public management;

4) authorities of autonomous territorial educations with special legal status;

5) bodies of local public authority;

6) legal entities of public and private law who dispose of public financial resources and use them.

4. This Provision does not extend to process of development of decisions and holding meetings in bodies of the public power on which official information is discussed with limited access according to the law, and also process of holding the operational meetings convened by heads of bodies of the public power.

5. The body of the public power provides access to drafts of decisions and the accompanying materials by their obligatory placement on the official web page of body of the public power, and also on the www.particip.gov.md portal.

6. Bodies of the public power approve internal regulations concerning procedures of creation, informing, consultation, participation and decision making according to the law.

7. Person responsible for coordination of process of public consultations prepares the general list of concerned parties constituted at the initiative of divisions of body of the public power, other bodies of the public power or for the offer of concerned parties which in priority procedure are informed on decision making process in relevant organ. The list is updated each six months, including with indication of concerned parties (surnames and names of citizens, names of the associations created according to the law, other concerned parties, their contact information) which requested in writing information on decision making process in body of the public power.

8. Reasons belong to the purpose pursued by the draft decision, to its impact, compatibility of the project with the current legislation, relevant provisions of the legislation of Community and international treaties which party the Republic of Moldova is to other relevant details.

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