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LAW OF THE REPUBLIC OF MOLDOVA

of May 25, 2017 No. 82

About integrity

(as amended on 01-02-2024)

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Sphere of regulation

This law regulates the sphere of integrity in the public sector at the political, institutional and professional levels, responsibility of the public subjects, anti-corruption bodies and other bodies responsible for cultivation, strengthening and control of integrity in the public sector, the spheres important for cultivation of integrity in private sector in the course of that interaction with public the sector and for application of sanctions for lack of integrity in public and private sectors.

Article 2. Law purpose

This law is directed to cultivation of integrity in the public sector and the atmospheres of zero tolerance to corruption in public subjects of the Republic of Moldova by means of:

a) increases in trust of society to the fact that public subjects and public agents carry out the obligations according to public interests, including in the course of interaction with private sector;

b) regulations of obligatory measures for providing and strengthening of institutional and professional integrity;

c) encouragement of the notification with public agents on corruption manifestations, and also ensuring their protection against revenge;

d) identification and elimination of risks of corruption in public subjects;

e) punishments of public agents for manifestations of corruption and heads of public subjects for lack of institutional and professional integrity.

Article 3. Concepts

For the purpose of this law the following concepts are used:

professional activity – implementation by public agents of the office powers (the rights and obligations) according to the legal, normative and departmental acts regulating activities of public subjects in which they work;

vulnerable activities – professional activity of the public agent which implementation within the public subject is subject to risk of corruption;

the public agent – the person who is working in the public subject, taking up the state position, the state position with special status, responsible state position, enlisted in office of person who is taking up responsible state position, or the person rendering services of social significance, and also the local elected person or on circumstances working in the public subject and who is the subject of declaring of property and private interests according to provisions of the Items e 2) - part e 4) (1) article 3 of the Law on declaring of property and private interests No. 133/2016;

anti-corruption body – on circumstances, the National center for fight against corruption, National authority for integrity, Anti-corruption prosecutor's office, Service of information and safety, the Ministry of Internal Affairs;

the head of the public subject – person or the collegiate organ responsible for providing measures for institutional integrity, and also for imposing of authority punishments within competence of cases of incidents of integrity;

corruption – illegal use of position in private interests. Such use of position can be performed within public or private subjects, directly the owner of this position or indirectly intermediaries, and private interest can be for benefit of the owner of position or for benefit of other persons;

the public subject – the legal entity with the status:

a) body of the public power, the central authority, the central industry body of the public power, local body of the public power, and also organizational structure under these bodies or spheres of their competence;

b) authority, organization, body, the organization, bureau or the agency – state, autonomous, independent, self-governed and/or regulating;

c) Constitutional court, degree of jurisdiction, prosecutor's office;

d) the state or municipal company, joint-stock company in which the state possesses the majority block of shares;

risk factor – any circumstance allowing, stimulating, provocative emergence of corruption manifestations within the public subject or fixing them;

favoritism – the action of the public agent in case of execution of position which is expressed in assistance to physical persons or legal entities in the solution of their problems irrespective of motives which is not provided by regulations and which does not contain signs of conflict of interest or signs of actus reus;

integrity incident – the corruption manifestation which happened in real circumstances, other manifestation, similar to corruption manifestation, happened within the professional integrity test;

inadequate influence – the intervention in professional activity of the public agent from the third parties which is expressed in pressure, threats or requests, directed to its coercion to implementation of professional activity definitely when such intervention is illegal and is not followed by the promise, provision or giving, personally or through the intermediary, the property which are not due to it, services, benefits or benefits of any kind (not containing actus reus signs);

institutional integrity – the professional integrity of all public agents of the public subject cultivated, controlled and strengthened by the head of the public subject and also zero tolerance to the integrity incidents allowed by public agents;

integrity in the public sector – political and institutional integrity of all public subjects of the Republic of Moldova which provides implementation of professional activity of public agents of these subjects in strict accordance with public concerns;

integrity in private sector – capability of the commercial organizations to interact with public subjects, and also among themselves legally, is transparent, objectively and on the basis of free competition;

political integrity – capability of competitors on elections, authorized representatives of competitors on elections and persons holding elective or exclusively political position to perform the activities with observance of regulations of ethics, without corruption manifestations, with observance of public concerns, rule of the Constitution of the Republic of Moldova and the law;

professional integrity – capability of the public agent to perform the professional activity with observance of regulations of ethics, without inadequate influence and corruption manifestations, with observance of public concerns, rule of the Constitution of the Republic of Moldova and the law;

public concerns – common interests on development of welfare of society in general and on achievement of legitimate private interests which guaranteed realization is provided with functioning of public and private subjects, and also execution by public agents of these subjects of the office powers in strict accordance with legislative provisions, in case of effective and economical use of resources;

private interests – interests of the physical persons (personal or group) which are brought closer to them persons or legal entities (departmental, corporate or client) on realization of the rights and freedoms, including for the purpose of receipt of property, services, benefits, benefits in any form, offers or those promises;

legitimate private interests – the private interests fixed by the Constitution, the national legal system and international treaties which party is the Republic of Moldova, or which are not contradicting provisions of those, and also not causing damage to common interests on development of welfare of society in general and implementation of legitimate rights and freedoms of other persons;

corruption manifestations – acts of corruption, acts, and also the corruption acts, adjacent to them, specified in Chapter VI;

the commercial organizations – the commercial societies and individual entrepreneurs registered in the Republic of Moldova or beyond its limits;

risk of corruption – probability of emergence of the corruption manifestations which are negatively influencing accomplishment by the public subject of the tasks;

services of social significance – cumulative activities for servicing of the population in the public sphere within organizations, the companies, the organizations or other local, municipal, government institutions or structures with mainly state capital.

Article 4. Principles of application of the law

This law is applied with respect for the following principles:

a) increase in responsibility of public subjects for cultivation and strengthening of the atmosphere of institutional integrity, and also for application of sanctions for lack of professional integrity;

b) increase in responsibility of anti-corruption bodies for assessment and monitoring of professional integrity, and also for application of sanctions for its absence;

c) fair balance of human rights concerning persons representing public concerns even if they do not know about violation of the rights corruption manifestations of public agents, on the one hand, and human rights concerning the public agents allowing integrity incidents, on the other hand;

d) cultivation of integrity in the public sector and the prevention of corruption manifestations;

e) zero tolerance to corruption in public subjects and inevitability of application of legal sanctions for lack of integrity in the public sector;

f) presumption of professional integrity of public agents and institutional integrity of public subjects;

g) presumption of conscientiousness of subjects of the law in implementation process of its provisions.

Article 5. Subjects of the law

The subjects performing the rights, the obligations and powers provided by this law are:

a) public agents, competitors on elections and their authorized representatives;

b) public subjects, heads of public subjects;

c) responsible anti-corruption bodies, other bodies of the public power with special competences;

d) physical persons and legal entities in the course of interaction with the public sector, including the commercial organizations, civil society and mass media.

Chapter II. Cultivation of integrity in the public sector

Article 6. Methods of cultivation of integrity in the public sector

(1) Integrity in the public sector is cultivated in the way:

a) creations of the atmosphere of political integrity;

b) creations of the atmosphere of institutional integrity in public subjects.

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