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Ministry of Justice

Republic of Moldova

On February 20, 2017 No. 1194

ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of February 20, 2017 No. 96

About approval of the Regulations on activities of Disciplinary board of legal executives

Based on Art. 22 of the h. (9) the Law No. 113 of June 17, 2010 on legal executives (republished in the Official monitor of the Republic of Moldova, 2017, No. 2-8, h 1) I ORDER:

1. Approve Regulations on activities of Disciplinary board of legal executives according to appendix.

2. The order of the Minister of Justice No. 75 of March 9, 2011 about approval of the Regulations on activities of disciplinary board of legal executives (it is published in the Official monitor of the Republic of Moldova, No. 39, the Art. 214) to declare 2011, invalid.

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

Minister of Justice

Vladimir Chebotar

Appendix

to the Order of the Minister of Justice of the Republic of Moldova of February 20, 2017 No. 96

Regulations on activities of Disciplinary board of legal executives

I. General provisions

1. This provision determines procedure for the organization of activities, power of Disciplinary board of legal executives (further – Board), and also procedure for consideration of addresses about involvement of legal executives to disciplinary responsibility.

2. The board is collegiate, advisory and permanent independent organ in accomplishment of the obligations assigned to it which is created under National union of legal executives, but has no status of the legal entity.

3. The board considers cases of involvement of the legal executive to disciplinary responsibility upon the demand of the Minister of Justice, Council of National union of legal executives, and also upon the demand of persons complaining of infringement of the rights and interests in enforcement proceeding.

4. The address about involvement of the legal executive to disciplinary responsibility (further – the address) moves in writing, with indication of the reasons which formed the basis for this purpose.

5. The nominal structure of Board affirms the order of the Minister of Justice.

6. The board performs the powers according to Law No. 113 provisions of June 17, 2010 on legal executives (further – the Law) and this provision.

II. Organization and mandate of members of Board

7. The board consists of seven members:

a) three members appointed by National union of legal executives;

b) two members appointed by the Ministry of Justice;

c) one representative of the academic circle in the field of the right;

d) one representative of civil society.

8. The representative of the academic circle and the representative of civil society, and also their replacement members of Board are selected on competitive basis by the Ministry of Justice together with National union of legal executives.

9. The term of office of the member of Board constitutes two years from appointment. One member of Board can be appointed no more than two terms in a row.

10. Membership in Board is incompatible with membership in licensed board, in audit committee and in Council of National union of legal executives.

11. Replacement members are appointed in the same order, as well as members of board by order of the Minister of Justice about nominal structure of Board.

12. Legal executives concerning whom authority punishments for the last three years were appointed cannot be members of Board.

13. The chairman of Board is elected from among her members by a majority vote at the first meeting of Board.

14. If the Chairman of Board cannot be elected more than at two meetings on absence reason of candidates and/or voices, or for any other reason, then he is appointed by the order of the Minister of Justice according to the proposal of the chairman of National union of legal executives.

15. The secretary of Board is appointed the chairman of the union from among employees of National union of legal executives.

16. Membership in Board stops in case:

a) expirations of powers;

b) voluntary refusal of membership;

c) withdrawal of the mandate;

d) applications of authority punishment for the violations made in case of execution of professional obligations;

e) condemnations by the judgment which took legal effect for crime execution;

f) death.

17. Membership in Board stops in case:

a) suspensions of operations on place of employment;

b) initiation of criminal prosecution if the procedural measures interfering execution of the mandate were appointed.

18. The mandate of the member of Board responds in case:

a) unreasonable absence at three meetings of Board in a row or four meetings for one calendar year;

b) failures to carry out by the member of obligations;

c) participations in consideration of the address under living conditions of conflict of interest;

d) emergence of situation of incompatibility;

e) the violations of solemn nature of meeting of Board or behavior breaking procedure during the meetings of Board;

f) availability of other bases established by the Charter of National union of legal executives – for the members appointed by National union of legal executives.

19. The mandate of the member of Board responds for one violation of the subitem c) of Item 17.

20. The procedure of withdrawal of the mandate can be initiated by the Minister of Justice or Council of National union of legal executives. The offer on response of members - legal executives is submited Council of National union of legal executives; the offer on response of the members appointed by the Ministry of Justice is submited to the Minister of Justice; the offer on response of the representative of civil society or the representative of the academic circle is submited the mixed commission created on the principles of equality which consists of representatives of the Ministry of Justice and National union of legal executives.

21. The request about response is allowed during no more than ten days from the date of its obtaining.

22. In case of suspension or cancellation of the mandate of the member of Board, the mandate passes to the replacement member of Board. Suspension of membership in Board does not stop the term of the expiration of the respective mandate.

23. Appointment of other replacement member of Board to vacant position is performed within one month from the date of emergence of vacancy according to the procedure, established for creation of Board. The new replacement member fulfills the duties during remaining period of operation of the mandate.

24. At least in two months prior to the expiration of powers in Boards, National union of legal executives and the Ministry of Justice provide appointment of new members, including replacement.

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