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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 27, 2016 No. 1412

About the National center of judicial examinations

Based on part (2) article 65 of the Law on judicial examination and the status of the court expert No. 68 of April 14, 2016 (The official monitor of the Republic of Moldova, 2016, Art. No. 157-162, 316), article 14 of the Law on the central branch public management No. 98 of May 4, 2012 (The official monitor of the Republic of Moldova, 2012, Art. No. 160-164, 537) DECIDES: the Government

1. Approve Regulations on the organization and functioning of the National center of judicial examinations it (is applied).

2. Establish the extreme number of personnel of the National center of judicial examinations in number of 76 units with financing from the government budget.

3. Create division as a part of central office of the Ministry of Justice with extreme number of three units of personnel which will provide coordinating of activities of court experts.

4. In Item 2 of the Order of the Government No. 736 of October 3, 2012. "About the organization and functioning of the Ministry of Justice" (The official monitor of the Republic of Moldova, 2012, Art. No. 212-215, 799), with subsequent changes and amendments of figure "138" to replace with figures "141".

5. Recognize invalid Item 2, paragraph one of Item 3 and Item 5, and also appendix No. 1 to the Order of the Government No. 1052 of September 12, 2006. "About the National center of judicial examinations under the Ministry of Justice" (The official monitor of the Republic of Moldova, 2006, Art. No. 150-152, 1139), with subsequent changes.

Prime Minister

Paweê Phillip

Countersigns:

Minister of Justice

 

Vladimir Chebotar

 

Approved by the Order of the Government of the Republic of Moldova of December 27, 2016 No. 1412

Regulations on the organization and functioning of the National center of judicial examinations

I. General provisions

1. The regulations on the organization and functioning of the National center of judicial examinations (further – the Provision) establish mission, functions, powers, the rights, and also the organization of activities of the National center of judicial examinations (further – the Center).

2. The center has form of business of the Agency and is the administrative authority subordinated to the Ministry of Justice which implements policy of the state in the field of implementation of judicial examinations and coordinates practical activities in the field of judicial examination.

3. The center has the status of the legal entity, has treasurer accounts and seal with the image of the State Emblem.

4. Financing of activities of the Center is performed from the government budget, and also from other sources which are not prohibited by the legislation.

5. The structure and the staff list of the Center are approved by the Minister of Justice.

6. The center has territorial subdivisions in municipium of Belts and Mr. Kakhul. If necessary, also other territorial subdivisions of the Center within the number of personnel established by the resolution can be founded.

7. The Center location – мун. Chisinau.

II. Mission, main functions, rights and obligations of the Center

8. The mission of the Center consists in implementation of scientific practical activities in the field of judicial examination.

9. For the purpose of implementation of the mission the Center performs the following main functions:

1) generalization of practice of conducting judicial examinations;

2) development of measures for improvement of practice of implementation of judicial examination;

3) identification of problematic issues in the field of judicial examination and the offer of methods, acceptances and the technician of judicial examination for the purpose of their decision;

4) providing organization of initial and continuous training of court experts;

5) organization of conducting judicial and extrajudicial examinations.

10. According to the main Center functions carries out the following obligations:

1) the organization of scientific conferences, working seminars, theoretical and practical seminars for generalization of practice of conducting judicial examinations and implementation of experience exchange;

2) development and approval of methods of conducting judicial examinations;

3) streamlining and distribution of legal and scientific information to court experts for the purpose of increase in their professional level;

4) implementation of scientific achievements in the field of judicial examination;

5) provision of the methodical help when conducting judicial examinations to territorial subdivisions, approval of their activities and their material logistics;

6) the organization of passing of professional training in the specialty on which person wishes to receive the status of the court expert;

7) organization of annual rates of continuous training of court experts of the Center;

8) implementation of reviewing of reports of examination at the request of the court expert;

9) conducting judicial and extrajudicial examination.

11. The center within the competence has the right:

1) to request and receive the documents, materials and information necessary for ensuring the activities from bodies of the public power, other bodies, organizations and the organizations;

2) to prepare and represent in accordance with the established procedure suggestions for improvement of the current legislation;

3) to represent methodical recommendations in the field of judicial examination to other public organizations of judicial examination and bureau of judicial examination;

4) to cooperate with profile organizations of the country and from abroad;

5) to create and support the web page, publishing information connected with activities of the Center;

6) to carry out other rights, stipulated by the legislation.

III. Organization of activities of the Center

12. The director appointed to position and dismissed by the order of the Minister of Justice directs the center. The court expert of the highest category with the minimum length of service of 7 years as the court expert having faultless reputation is appointed to position of the director of the Center.

13. Director of the Center:

1) is represented by the Center in the relations with bodies of the public power, representatives of civil society and physical persons and legal entities of the Republic of Moldova and beyond its limits;

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