ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of January 4, 1996 No. 2

About approval of the Disciplinary charter of law-enforcement bodies

For the purpose of increase in responsibility of staff of law-enforcement bodies for observance and strict execution of procedure and the rules established by the current legislation, the Oath, charters, provisions and orders of the Ministry of Internal Affairs, the Government of the Republic of Moldova DECIDES:

Approve the Disciplinary charter of law-enforcement bodies and Regulations on courts of honor of the private and the commanding structure of law-enforcement bodies (are applied).

Disciplinary charter of law-enforcement bodies

I. General provisions

1. The discipline of employees * in law-enforcement bodies consists in the observance and strict execution of procedure and rules established by the current legislation, the Oath, charters, provisions and orders of the Ministry of Internal Affairs.

Basis of discipline commitment to state interests of the Republic of Moldova makes, readiness of each employee to protect law and order, territorial integrity, sovereignty and independence of the state, it is model to carry out service duties and the charged case.

This Disciplinary charter extends to all staff of law-enforcement bodies, irrespective of rank and position.

2. The discipline in law-enforcement bodies obliges each employee:

it is strict to observe the Constitution of the Republic of Moldova, the current legislation and international agreements which the Republic of Moldova joined, precisely and timely to fulfill requirements of the Oath, charters, provisions and instructions, the received orders and orders;

it is resistant to endure all hardships and deprivations of service on protection of public order, protection of the rights and legitimate interests of citizens, the companies, organizations and organizations from criminal encroachments and other illegal acts, and in case of accomplishment of office debt, in case of need, not to spare also the life;

it is strict to keep the state secret and other official information of limited access used in office activities, to protect service weapon and ammunition, entrusted material values and the equipment;

it is permanent to enhance the qualification, to increase the level of professional culture;

be fair and objective;

render mutual respect;

honor chiefs, seniors on position and rank; give them help in strengthening of discipline and providing authorized procedure; salute and follow rules of politeness;

it is worthy to behave on service and out of it; wear the regimentals ordered by the charter and have the appropriate behavior;

be reserved and exacting to itself, hold people around from violations of law and order and to actively promote preserving the authority of staff of law-enforcement bodies and protection of advantage of citizens.

3. The discipline in law-enforcement bodies is reached:

forming and education at employees of high moral and professional qualities, conscientious attitude to accomplishment of office debt;

maintenance of authorized procedure;

ensuring strict observance of requirements of the laws, charters, provisions, instructions and orders;

insistence of chiefs to subordinate, the correct application of measures of belief and coercion, skillful combination of insistence to care and respect for subordinates;

personal example of chiefs and seniors on rank and position.

4. The chief, the commissioner, the commander (further - the chief) bears responsibility for condition of discipline and authorized procedure in the division run by it.

The chief shall:

train subordinates in the spirit of commitment to the Homeland and the people, further strengthening of office discipline, rules of social coexistence and law and order;

develop at subordinates call of duty and honor of the employee of law-enforcement bodies, and also the personal liability for accomplishment of service duties;

cultivate at subordinates conviction that orders are given only for the benefit of service;

know the subordinates from all directions, care for the device of their life, take measures for satisfaction of their legal requests and be their permanent mentor;

be exacting and objective in assessment of subordinates;

be correct in relations with subordinates and not degrade their personal advantage;

give legal, accurate and exact orders, provide necessary conditions for their strict and timely accomplishment;

the behavior to summon trust from subordinates;

try to obtain strict accomplishment by subordinates of requirements of the laws, charters, provisions, instructions and orders both on service, and out of it and to check their accomplishment;

have the disciplinary rights in all cases;

encourage the subordinates who showed heroism, creative initiative, diligence, achieved good and excellent results in accomplishment of office tasks and to impose authority punishments on the subordinates allowing violations, showing tolerance to shortcomings and negligence in application of legal requirements of provisions and staff instructions;

pay special attention to the prevention of the facts of non-compliance by subordinates with legislative arrangements, disciplines, to timely remove the causes causing such violations;

use opinion of collective, activity of the courts of honor for the prevention of cases of violation of office discipline, timeserving, complacency and fight against them;

check procedure for accomplishment by subordinates of disciplinary punishments and the measures taken to elimination of the reasons promoting emergence of violations.

5. In case of violation by the subordinate of discipline and requirements of the law the chief shall initiate office investigation for comprehensive, objective and complete examination of circumstances of this violation, and in case of establishment of guilt of the subordinate, depending on weight of committed offense and degree of fault, to apply authority punishment to the guilty person or to report materials about offense to the authorities of prosecutor's office for consideration according to the procedure of criminal proceedings.

6. The right to encourage and impose authority punishments allocates only direct chiefs, except as specified, of stipulated in Item 25 these charters.

Direct chiefs are chiefs to whom face of the private and the commanding structure are subordinated on service including it is temporary.

The direct chief, closest to the subordinate, is immediate superior.

7. Employees from among faces of the private and the commanding structure, not subordinates each other on service, can be senior or younger on rank. The seniority is determined according to the given special ranks.

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