ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of December 7, 2016 No. 1120

About approval of the Regulations on conditions of carrying out tender for change of the territory of notarial activities

According to article 14-1 of the Law on notariate No. 1453-XV of November 8, 2002 (The official monitor of the Republic of Moldova 2002, Art. No. 154-157, 1209), with subsequent changes, I ORDER:

1. Approve Regulations on conditions of carrying out tender for change of the territory of notarial activities

2. Publish this order in the Official monitor of the Republic of Moldova

Appendix

to the Order of the Minister of Justice of the Republic of Moldova of December 7, 2016 No. 1120

Regulations on conditions of carrying out tender for change of the territory of notarial activities

I. General provisions

1. This Provision establishes conditions for carrying out tender for change of the territory of notarial activities (further – tender).

2. Competition is held before carrying out tender on substitution of vacant positions of the notary based on the personal records submitted candidates (further – personal records).

3. Tender is performed before the Tender committee on substitution of vacant positions of the notary within no more than 20 days from the date of publication of the announcement of vacant positions for change of the territory of notarial activities.

4. Only notaries who conducted continuous practice in this area at least 5 years can participate in tender and work also for date of tender.

II. Organization of tender

5. The announcement of date, the place and time of carrying out tender is published on the official website of the Ministry of Justice.

6. At least in 10 days prior to date of tender candidates represent the personal record which shall contain the following information to the Ministry of Justice:

1) the statement for the admission to tender;

2) copy of the identity certificate, in case of need and family members;

3) autobiography;

4) copy of the service record;

5) the copy of orders on appointment as the member of the groups/groups working on creation of regulations in notarial activities, in case of need;

6) copy of the agreement on training (management of notarial practice), in case of need;

7) statements, copies of publications in the field of private law.

7. The candidate who submitted the personal record after fixed term is not allowed to tender.

8. In the presence of vacant positions in the different territories of activities the notary can apply for change of the territory within 2 territories of activities. In this case the average gained points will be separately calculated for each territory of activities. If he will win competition for both territories, has the right to choose only one territory of activities.

9. After submission due date of personal records on participation in tender provided that at least one application was submitted, the Commission on licensing of notarial activities (further - the Commission on licensing) is convoked within 1 day on meeting which considers the personal records submitted candidates and makes within 1 day the decision concerning acceptance or variation of personal records of candidates to tender.

10. The decision of the Commission on licensing on the admission or variation of personal records to tender is published on the website of the Ministry of Justice within 1 day from the moment of acceptance.

11. The commission on licensing sends to the Tender committee personal records of the candidates allowed to tender within 1 day before the date established for participation in tender.

12. Candidates, whose personal records were rejected, can appeal the decision of the Commission on licensing concerning the admission or variation of personal records within 1 day after publication.

13. The appeal is submitted in the Ministry of Justice to the Minister of Justice.

14. The appeal together with the personal record of the candidate are transferred to the Minister of Justice for consideration. The Minister of Justice considers the made complaint no more than 2 days from the date of submission of the appeal.

15. If the Minister of Justice decides that the personal record of the candidate conforms to requirements of participation in tender, then the personal record is submitted the Commission on licensing and calls about de novo review of the personal record of the candidate.

16. The commission on licensing considers repeatedly personal record of the candidate no later than 1 day from the moment of obtaining and makes the decision on results of its de novo review.

17. The decision of the Commission on licensing on de novo review of the personal record of the candidate is published on the official website of the Ministry of Justice within 1 day from acceptance date.

III. Carrying out tender

18. The tender committee holds competition if, at least, one personal record of the candidate was allowed.

19. For the date established for carrying out tender, members of the Tender committee will meet in session for assessment of personal records by filling of estimative leaf which model is provided by appendix No. 1 to this Provision.

20. Members of the Tender committee fill in estimative sheets separately for each personal record and awards points for:

1) years of service as the notary - 3 points for the last year, 6 points – for the last 2 years and 10 points – for the last 3 years of activities. When calculating the period of activities of the notary the period of suspension of work and absence period at office when it exceeds 45 days in a row, and also the period during which activities of the notary were stopped is not considered.

2) lack of disciplinary sanctions - 3 points for the last year, 6 points - in the last two years and 10 points – for the last 3 years of activities without disciplinary sanctions;

3) change of the territory of activities:

a) 10 points if the notary never changed the activities territory,

c) 0 points if the territory of notarial activities changed more than 5 years ago,

c) 10 points (minus 10 points) if the territory of notarial activities changed within 5 years;

4) the residence, in case of need and family members in the settlement to which change of the territory of activities is asked, – 0-10 points (2 points for each complete year. In attention the last 5 years are accepted).

5) participation in development of regulatory framework of notarial activities - 0-10 points (the last 5 years, on 1 point for each draft of the regulation are taken into account);

6) management of notarial practice - 0-10 points (the last 5 years, 2 points for each trainee are taken into account);

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