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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 27, 2016 No. 1411

About approval of the Regulations on activities of the Commission on qualification and assessment of court experts, Regulations on conditions of carrying out and passing qualification examination for receipt of the status of the court expert and form of the license for occupation judicial and expert activities

Based on part (6) Articles 43, parts (3) article 45 of the Law No. 68 of April 14, 2016 on judicial examination and the status of the court expert (The official monitor of the Republic of Moldova, 2016, Art. No. 157-162, 316) DECIDES: the Government

1. Approve:

1) Regulations on activities of the Commission on qualification and assessment of court experts, according to appendix No. 1;

2) Regulations on conditions of carrying out and passing qualification examination for receipt of the status of the court expert, according to appendix No. 2;

3) form of the license for occupation judicial and expert activities, according to appendix No. 3.

2. To the Ministry of Justice in 2-month time from the date of entry into force of this resolution to grant licenses for occupation judicial and expert activities to the court experts included in the State register of the certified court experts created according to the Order of the Government No. 1147 of September 22, 2003. (The official monitor of the Republic of Moldova, 2003, Art. No. 208-210, 1201), with subsequent changes.

3. Before receipt of the license for occupation judicial and expert activities court experts confirm the qualification (the status) based on the certificate numbers included in the State register of the certified court experts.

Prime Minister

Paweê Phillip

Countersigns:

Minister of Justice

 

Vladimir Chebotar

 

Appendix № 1

to the Order of the Government of the Republic of Moldova of December 27, 2016 No. 1411

Regulations on activities of the Commission on qualification and assessment of court experts

I. General provisions

1. The regulations on activities of the Commission on qualification and assessment of court experts (further – the Provision) establish structure of the Commission on qualification and assessment of court experts (further – Qualification valuation committee), and also its organization and activities.

2. The mission of Qualification valuation committee consists in award to persons of the status of the court expert with the right to perform judicial examinations on certain specialty, to estimate activities and achievements of court experts and to appropriate them certain qualification class.

3. Qualification valuation committee cooperates with the state bodies and organizations, physical persons or legal entities performing activities in the field of judicial examination.

II. Structure of the Commission on qualification and assessment

4. Qualification valuation committee consists of nine members:

1) six court experts;

2) on one representative of the academic circle of Academy of Shtefan chel Mare and the State university of medicine and pharmacy of Nicolae Testemitsan which promote training of court experts, but have no the status of the court expert;

3) directors of the National center of judicial examinations under the Ministry of Justice who by right is the chairman of Qualification valuation committee.

The members of Qualification valuation committee specified in subitems 2) and 3) work at permanent basis.

5. Members of Qualification valuation committee are court experts of the first or highest category, from them at least three are qualified in the specialty for which the qualification examination and assessment of activities and achievements of court experts is carried out.

6. In case of absence of the court expert qualified in the specialty for which the qualification examination and assessment of activities and achievements of court experts are held by the member of qualification valuation committee the specialist in the respective area who has faultless reputation and has high skill level gets out.

7. Members of Qualification valuation committee, court experts are appointed from among the court experts brought in the State register of court experts for each specialty of judicial examination separately.

8. For each member of Qualification valuation committee, the representative of the academic circle, about one replacement member is appointed. Members of Qualification valuation committee, representatives of the academic circle, and also their replacement members are appointed by the relevant educational institutions according to the address of the Minister of Justice.

9. Members of Qualification valuation committee, representatives of the academic circle, and their replacement members are appointed to the term of office constituting two years and more than two terms in a row cannot be appointed.

10. The chairman of Qualification valuation committee based on the State register of court experts and owing to approval of heads of public judicial and expert organizations of judicial examination / bureau of judicial examination represents to the Minister of Justice the offer on staff of Qualification valuation committee for each specialty of judicial examination.

11. The staff of Qualification valuation committee affirms the order of the Minister of Justice in five days prior to date of examination in qualification and assessment of activities and achievements.

12. The secretary of Qualification valuation committee is appointed by the order of the Minister of Justice from structure of specialized division of central office of the Ministry of Justice.

13. Membership in Qualification valuation committee stops in case:

1) statements of new staff of Qualification valuation committee;

2) expirations of powers;

3) withdrawal of powers the organization which appointed it if the member of Qualification valuation committee unreasonably was absent at three meetings in a row or at four meetings for calendar year;

4) voluntary refusal of membership;

5) imposings on the court expert of authority punishment for the violations made in course of execution of profession;

6) the terminations of the quality which formed the basis for appointment as the member;

7) death.

14. In case of approach of vacancy of position of the member, according to the subitem 2) of Item 4, the member replacing it will fulfill duties before the expiration of the period which remained from its term of office.

15. Appointment of the new member, according to the subitem 1) of Item 4, on vacant position is performed according to the procedure, established for creation of Qualification valuation committee.

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