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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of September 26, 2016 No. 1089

About approval of the Regulations on selection of representatives of civil society in Council for integrity

(as amended on 10-11-2021)

Based on part (2) article 12 of the Law No. 132 of June 17, 2016 on National authority on integrity (The official monitor of the Republic of Moldova, 2016, Art. No. 245-246, 511) DECIDES: the Government

1. Approve Regulations on selection of representatives of civil society in Council for integrity it (is applied).

2. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 13.09.2019 No. 447

Prime Minister

Paweê Phillip

Countersigns:

Minister of Justice

 

Vladimir Chebotar

Approved by the Order of the Government of the Republic of Moldova of September 26, 2016 No. 1089

Regulations on selection of representatives of civil society in Council for integrity

I. General provisions

1. The regulations on selection of representatives of civil society in Council for integrity (further – the Provision) establish procedure for the organization of open tender for selection of representatives of civil society in Council for integrity, numerical structure, and also procedure for activities of the commission on selection of representatives of civil society.

2. The procedure of the organization and carrying out tender is based on the following principles:

1) open competition by providing open entry to participation in tender of any person corresponding to the established conditions for participation in tender;

2) election on merits by selection based on the received results of the most competent person;

3) ensuring transparency by means of provision in the order of all interested persons of information concerning procedure for the organization and carrying out tender;

4) equal approach by means of non-discriminatory use of the objective and accurately stated selection criteria so that each candidate had equal chances.

3. Selection of three representatives of civil society in Council for integrity is made on the basis of the competition organized by the Commission on selection of representatives of civil society in Council for integrity according to the conditions established by this Provision.

II. The commission on selection of representatives of civil society in Council for integrity

4. The commission on selection of representatives of civil society in Council for integrity (further – the Commission) consists of 5 members from whom 2 are appointed the Ministry of Justice, one member is appointed by the Union of lawyers of the Republic of Moldova, one member is appointed by the National platform of the Forum of civil society of the Eastern Partnership and one member is appointed by Public association "Association of the independent press". All members of the commission shall have faultless reputation and correspond to the conditions provided by subitems b) - h) parts (3) article 12 of the Law No. 132 of June 17, 2016 on National authority on integrity.

5. The staff of the Commission affirms the order of the Minister of Justice for each tender on selection of representatives of civil society.

6. At the first meeting the Commission chooses from among the members of the chairman open voting of most of members.

7. The commission chairman represents it in the relations with other physical persons and legal entities, including with representatives of mass media.

8. Record keeping of the Commission is provided with internal division of central office of the Ministry of Justice. The secretary is not member of the commission.

9. Commission session is considered competent if at it there are at least 3 members.

10. The Ministry of Justice provides document storage of tender and audio/video of interview for the period of carrying out tender, and also within 12 months after its carrying out.

11. Decisions of the Commission are made by a simple majority vote the present members.

12. The commission has the following powers:

1) is provided by creation of documents for the organization of tender;

2) provides the publication of the relevant information on the beginning of tender;

3) is considered by the file of candidates;

3-1) formulates interview questions;

4) ceased to be valid;

5) holds competition;

6) approves results of tender;

7) is provided by the admission of candidates to results of tender and their publication on the official web page of the Ministry of Justice.

13. Members of the commission carry out the following obligations:

1) participate in commission sessions;

2) inform in writing the commission chairman on emergence of conflict of interest and its nature;

3) provide confidentiality of personal data according to the Law No. 133 of July 8, 2011 on personal data protection;

4) abstain from any actions incompatible with quality of the member of the commission, or from any activities which can lead to conflict of interest in the context of the Law No. 133 of June 17, 2016 on declaring of property and private interests which is applied and concerning members who are not subjects of declaring of property and private interests, abstain from actions which can discredit the Commission or raise doubts in objectivity of its decisions by abstention, if necessary, from the candidate's assessment.

14. In the presence of any reason which can lead to conflict of interest members of the commission inform on it in writing the commission chairman at least, than in 3 working days prior to commission session. Depending on type of conflict of interest the Commission in time no more than 2 working days from the date of informing will make the decision, if necessary, on the notification of body which appointed this member, in view of appointment of other member of the commission. If absence of this member does not influence competence of the subsequent commission sessions, it continues the work.

15. The member of the commission based on its decision can be recalled by the body which appointed it if it unreasonably was absent on two consecutive commission sessions or does not carry out obligation, stipulated in Item 13. In this case appointment of other member is made by the Commission within no more than 2 working days from the date of response.

16. The secretary of the Commission carries out the following powers:

1) constitutes protocols of meetings;

2) prepares drafts of decisions;

3) archives protocols of commission sessions and decisions made by it;

Checks 4) that the files submitted on tender contained all acts established in Item 18;

5) is provided by storage of the file of participants of tender during the term established in Item 10 of this provision;

6) carries out other powers delegated to it by the commission chairman based on this provision.

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