ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 9, 2016 No. 1227

About the State register of mediators

Based on part (2) article 14 of the Law No. 137 of July 3, 2015 on mediation (The official monitor of the Republic of Moldova, 2015, Art. No. 224-233, 445) and article 16 of the Law No. 71-XVI of March 22, 2007 on registers (The official monitor of the Republic of Moldova, 2007, Art. No. 70-73, 314), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations on the State register of mediators it (is applied).

2. Creation and ensuring functioning of the State register of mediators are performed for the account and within the money allocated to the Ministry of Justice from the government budget for the corresponding year and from other sources which are not prohibited by the law.

3. Within 30 days of date of publication of this resolution to provide to Council for mediation filling of the state Register of mediators with the relevant information from the table of mediators and the list of bureau of mediators which were kept according to provisions of the Law No. 134-XVI of the June 14, 2007 on mediation which voided in connection with adoption of law No. 137 of July 3, 2015 on mediation.

4. For the purpose of fulfillment of requirements of the Regulations on the State register of mediators to Council for mediation to be registered as the operator of personal data according to the procedure, established by the Law No. 133 of July 8, 2011 on personal data protection.

5. This Provision is effective before creation of the conditions necessary for accounting of mediators in electronic format in the State register of legal units. Further the accounting treatment for mediators will be determined by Regulations on procedure for maintaining the State register of legal units.

Approved by the Order of the Government of the Republic of Moldova of November 9, 2016 No. 1227

Regulations on the State register of mediators

I. General provisions

1. The regulations on the State register of mediators (further – the Provision) establish subjects of legal legal relationship in the field of management of the State register of mediators (further – the Register), structure and procedure for its maintaining, filling, updating, storage and recovery.

2. Subject of registration is all documentary information on mediators which perform activities in bureau of mediation or in the organization performing mediation and also mediators which perform the activities as a part of lawyer office, the joint lawyer bureau or bureau of the notary in the conditions provided by part (5) article 15 of the Law No. 137 of July 3, 2015 on mediation.

3. The register is kept in manual form, on paper, in state language.

II. Subjects of legal relationship in the field of management of the register

4. Subjects of legal relationship in the field of management of the Register is the following:

a) owner Reestra is the state;

b) the owner Reestra is the Ministry of Justice;

c) holder Reestra is Council for mediation;

d) registrar is person designated by Council for mediation;

e) suppliers of data of the Register are mediators;

f) receiver is any physical person or legal entity which obtains and uses data from the Register.

5. The owner Reestra shall:

a) provide maintaining the Register according to legislation provisions;

b) check observance of conditions of registration, accounting and use of personal data;

c) provide registration of the objects which are subject to registration;

d) provide authenticity, full value and integrity of data of the Register;

e) ensure safety and data protection of the Register;

f) provide to all receivers access to data of the Register according to legislation provisions;

g) provide organizational and technical measures for personal data protection and observance of these measures according to safety requirements of personal data.

6. The holder Reestra shall:

a) coordinate process of filling of books of registration;

b) check observance by the registrar of conditions of record, accounting and use of personal data;

c) give methodical and practical help to the registrar on the questions connected with inclusion of information in the Register;

d) provide the conditions necessary for storage in safety of books of registration, and also for exception of access to them of not authorized persons.

7. The registrar shall:

a) provide registration, collection, accumulating, processing and information input about mediators in the Register during the terms established in Chapter IV of this provision;

b) provide updating and accuracy of the entered data;

c) according to the request of the owner and/or holder to enter the additional information necessary for amendment of the book of registration within 2 working days;

d) publish information from the Register on the official web page of Council for mediation with respect for safety of personal data and provisions of Items 13 and 17 of this provision.

8. The registrar cannot sign the contract with the subregistrar.

9. The supplier shall:

a) provide information requested by the registrar according to Item 16 of this provision, on paper or in electronic format, through e-mail;

b) provide reliability, authenticity and correctness of information provided to the registrar, and also its updating according to the procedure, established by the Law No. 137 of July 3, 2015 on mediation.

10. The receiver shall use information obtained from the Register only for the purpose of, established by the legislation.

11. The holder and the registrar can represent offers on modification of the regulatory base regulating Reestr's work by representation to their owner Reestra.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info