MOLDOVA BACKGROUND CHECK

CURRENT LOCAL TIME

FILL TO DOWNLOAD SAMPLE REPORT

*Note: This is just a sample report. It may change according to your requirements and country

PRODUCTS IN MOLDOVA

Data Protection

Data Protection Laws Not Found

(Enter into force on June 27,1996.)

Chapter I

GENERAL PROVISIONS

Article 1. The scope of the present law.

The scope pursued by the present law is to protect citizens’ rights and freedoms and public interests, to ensure state security, compliance with the Constitution and other laws adopted by the legislative, executive and judiciary powers, ensure proper functioning of administrative bodies and execution of competencies by the public servants and persons assimilated with such by averting, tracing out and preventing acts of corruption by clearing consequences of such and punishing the culpable ones, as well as by averting, tracing out and preventing protectionism.

Article 2. Notions

For the purpose of the present law: corruption shall be interpreted as an anti-social phenomenon implying illegal collusion entered by two parties one of which is offering or promising illegitimate benefits while the other, making part of public service, agreeing or accepting such in exchange of executing or non executing certain functional actions, which comprise elements of defiance stipulated by the Criminal Code; protectionism shall be interpreted as an action or failure to take action by the decision maker offering protection in resolving certain problems in favor of the interested persons by showing favorable attitude towards such rrespective of the motives by which the latter have been guided, which do not contain elements of offense.

Article 3. Subjects of the acts of corruption and protectionism

The following are considered the subjects of the acts of corruption and protectionism: functionaries to whom temporarily or permanently extended, by virtue of the law, by appointment or election, or by virtue of an errand, have been the rights and obligations in view of exercising services with a public or any other institution, or with state-owned enterprise or organization; functionaries exercising prescribed administrative and organizational-economic actions, persons holding positions implying high responsibility, whose appointment or election is governed by the Constitution and the organic laws as well as such to whom authority of act was delegated by the person holding responsible position, who have committed illegal actions that in compliance with the effective legislation are subject to disciplinary, administrative or criminal punishment.

Article 4. Scope of application of the present law

Coming within the purview of the present law shall be relations making part to which are public authorities, public functionaries, functionaries employed by other state-owned enterprises and organizations of both central and local subordination as well as other persons vested with the authority of exercising administrative functions and whose activity is governed by the effective legislation.

Article 5. The public authorities vested with the authority of combating corruption and protectionism.

(1) The public authorities shall exercise corruption and protectionism combat within the frameworks of their competencies set out under the effective legislation.

(2) The specialized system for corruption and protectionism combat includes specialized subdivisions affiliated by the Center for Combating Economic Crimes and Corruption, information and Security Service, General Prosecutor’s Office and Court of Auditors.

Chapter II

MEASURES TO PREVENT CORRUPTION AND

PROTECTIONISM

Article 6. State guarantees designed to prevent corruption and protectionism.

Corruption and protectionism prevention can be achieved through the following measures:

a) strict legal regulation imposed onto the activities displayed by public authorities, ensuring publicity of such activities as well as state and public control over such;

b) improving the structure of public service as well as the procedure of solving problems concerning interests of natural and legal entities;

c) ensuring that public functionaries are paid such salaries and privileges from the state budget that would match their competencies and responsibilities and offer them and their families a decent living standards;

d) ensuring state and judiciary protection of the legitimate rights of persons vested with the authority of exercising administrative functions;

e) restricting, on the basis of the effective legislation, certain rights and liberties of public functionaries to the extent it looks feasible in order to secure constitutional provisions, the rights and legitimate interests of both natural and legal entities as well as of non-governmental organizations and public associations benefiting on the services rendered by the public authorities;

f) carrying out certain measures of financial and fiscal control so as to exclude legalization (laundering) illicit proceeds accumulated due to bribing persons vested with the authority to exercise administrative functions; [Item f) as amended by Law No. 390-XV of 20.07.2001]

g) rehabilitation of natural and legal entities towards which admitted was act of injustice as well as clearing other dangerous consequences of corruption and protectionism.

Article 7. Special requirements to public functionaries

(1) When hiring a person with the office the latter shall voluntarily accept restrictions imposed through the law and other regulatory acts so as not to commit any actions that may lead to using official status and authority for satisfying personal or group interest as well as any other interests other than service ones.

(2) Public functionary shall not be entitled to proceed as follows:

a) interfere, by making use of his official status, authority and connections generated by such, into the activities displayed by other government and non governmental bodies, unless such interference has been stipulated as part of his competencies;

b) participate with the voting or decisive right in the examination or solutioning of problems concerning his own interests or such concerning his close relatives;

c) render groundless preference to certain natural or legal entities when elaborating and taking decisions;

d) render to any person any kind of assistance that was not envisaged under the regulatory acts in the entrepreneurship or other type of activity displayed by such persons, to be business representative for the third party with the public authority that has hired him for the service or with the one to which he is subordinated or the one in which he is entrusted to control the activities displayed;

e) use in his own or group interests information obtained as a result of his service attributions in case when such is not allowed to be divulged;

f) refuse offering to any of the natural or legal entities information allowed for disclosure under legislative acts, delaying presentation of such or rendering incorrect or selected information;

g) transfer to election funds of certain candidates and social- political organizations any of the financial resources and materials referred to state ownership;

h) violate procedure stipulated by the regulatory acts in examining and resolving petitions lodged by natural or legal entities, as well as other such problems within his competencies;

i) betting or staking on races or taking part in any other games of chances implying cash or other values.

Article 8. Interdictions

1) Public functionary shall be aware of the interdictions as follows:

a) obtain for the fulfillment of his service duties any rewarding in cash, services, etc., from any natural or legal entity as well as from non-governmental organizations and public associations;

b) obtain, by virtue of his social position, gifts and services, except for symbilic signs of attention according to the commonly recognized standards of politeness and hospitality as well as symbolic souverirs during protocil actions and other officially displayed actions, provided their value does not exceed the size of one minimum salary. Gifts with the value exceeding one minimum salary obtained for the fulfillment of service duties (without knowing the real value of gifts) from foreign natural or legal entities shall be transferred to a

special state fund following the procedure stipulated by the law;

c) accept invitations for a touristic trip, health improvement and treatment abroad at the expense of natural or legal entities (residents and non residents) except for such trips made at the invitation of close relatives or in cases stipulated by the international agreements;

d) use for personal, group and other type of interest other that that of service premises, means of transportation and telecommunication, computers, cash and other state ownership found at their disposal for exercising service duties unless otherwise stipulated by other regulatory acts;

e) benefit on privileges to obtain for himself and other persons loans and borrowings, to procure securities, real estate and other assets, profiting on his service position;

f) undertake other actions, profiting on the service position in order to gain income and material or other advantages or to accept illegitimate services.

(2) Members of public functionary’s family shall not be entitled to receive gifts and services, invitations for a touristic trips, health improvement and treatment, etc. at the expense of natural and legal entities (both redidents and non-residents) if such have service relations with the public functionary. The public functionary, in compliance with the law, is obliged to transfer to the special state fund goods illegitimately obtained by his family members.

(3) Violation by public functionary of interdictions stipulated under the present article, provided it does not constitute sanctionable penal case, implies resignation from the office.

Article 9. Other measures to prevent corruption and protectionism

Envisaged under the Law of Civil Service can be measures meant to prevent corruption and protectionism other than those specified under Art. 7 and 8.

Article 10. Financial control as corruption prevention measure

(1) When hired with the public service and every year afterwards the functionaries shall submit declaration on their income, movable and immovable assets, bank deposits and securities, financial liabilities, including such abroad. Refuse to submit declaration or inclusion of incorrect data into such implies turning down service application or resignation.

(2) Income declaration by top level officials as well as by other decision makers, whose appointment and election is governed by the Constitution, shall be published on annual basis by the official press of public authorities. Likewise published shall be income declarations submitted by the persons intending to take the office (candidates).

(3) Center for Combating Economic Crimes and Corruption, Information and Security Service, General Prosecutor’s Office, State Tax Service, Court of Auditors and other authorities vested with the state control functions are entitled to have access to declarations submitted with public administration bodies, to receive, if necessary, copies of such declarations and to use information obtained within the limits of their competencies only.

Chapter III

RESPONSIBILITY FOR ACTS OF CORRUPTION AND

PROTECTIONISM

Article 11. Responsibility for acts of corruption and protectionism

(1) Public functionaries found guilty of perpetrating acts of corruption shall be brought to trial in compliance with the Criminal Code and dismissed, while being deprived of the right to take office with public service for a period of 5 years.

(2) Public functionaries found duitly of perpetrating acts of protectionism shall bear administrative responsibility and dismissed.

Article 12. Responsibility of the managers of public authorities, other institutions, state enterprises and organizations for failure to observe provisions set out under the present law.

(1) Managers of public authorities, other state institutions and organizations are obliged to take rigorous measures to those of their subordinated functionaries that were found guilty of perpetrating certain acts of corruption and protectionism and to bring such to the attention of the controlling bodies specified under Art. 5 par. (2).

(2) Deliberate dodging by the managers of public authorities, other state institutions, enterprises and organizations from complying with the measures set out under par. (1) implies responsibility in conformity with the effective legislation.

Chapter IV

ELIMINATING CONSEQUENCES INFLICTED BY THE ACTS OF CORRUPTION AND PROTECTIONISM

Article 13. Prosecuting illegitimately acquired assets or the value of illegitimately rendered services.

In all cases of gaining wealth through perpetrating acts of corruption, the illegitimately gained assets or value of illegitimately rendered services shall be turned into state benefit based on the court ruling.

Article 14. Canceling acts and actions perpetrated through corruption and protectionism.

The acts and actions perpetrated through corruption and protectionism are subject to cancellation by the authority or by the decision maker vested with the competency of approving or canceling respective acts, or by the judiciary instance, at the request lodged by the Center for Combating Economic Crimes and Corruption, interested natural or legal entities or prosecutor.

Chapter V

FINAL PROVISIONS

Article 15. Supervision over the observance of the present law.

Supervision over strict and uniform observance of the present law shall be exercised by the General Prosecutor’s Office as well as by its subordinate prosecutors.

Article 16. Control over the execution of provisions set out under the present law.

The Parlamentarial Commission for state security and ensuring public order shall exercise control over the execution of provisions set out under the present law and coordinate activities displayed by public authorities vesteed with the competencies to combat corruption and protectionism.

Article 17. Effectiveness

The present law becomes effective as of the date of its publication.

Article 18. Bringing regulatory acts in conformity with the present law:

To that end, the Government, within one month from the date of publication shall:

– submit to the Parliament proposals on bringing the effective legislation in conformity with the present law;

– bring its regulator acts in conformity with the present law.

The Parliament of the Republic of Moldova adopts the following act.

CHAPTER I

General provisions

Section 1: Purpose

The purpose of this act is to protect citizens’ rights and freedoms, defend the public interest, guarantee national security and ensure the proper functioning of the legislature, executive and judiciary and administrative authorities and discharge of duties by public servants and assimilated persons in line with the Constitution and other legislation by preventing, detecting and eradicating offences related to corruption, eliminating the consequences and punishing guilty parties, as well as by preventing, detecting and eradicating nepotism.

Section 2: Definitions

For the purpose of this act, corruption shall mean an antisocial act which involves unlawful collusion between two parties, one of which offers or promises illicit privileges or benefits, while the other, being a public official, accepts or receives such privileges or benefits in return for performing or failing to perform certain acts that form part of his duties, and which includes elements that constitute an offence under the Criminal Code.

Section 3: Persons concerned by acts of corruption and nepotism

The persons concerned are public servants who by law, appointment, election or by virtue of a specific task have been permanently or temporarily assigned certain rights and obligations for performing duties in a public service, other state institution, enterprise or organisation, public servants exercising specific administrative, organisational or economic functions, persons holding positions of high responsibility whose appointment or election is governed by the Constitution and institutional acts, and persons to whom public servants and persons holding positions of responsibility have delegated their authority who have committed illegal acts that are subject to disciplinary, administrative or criminal penalties under the legislation in force.

Section 4: Scope of application of the act

This act shall apply to relations involving public authorities, public servants, officials of other state institutions, enterprises and organisations, at both central and local level, and other persons authorised to perform administrative duties whose activity is regulated by the legislation in force.

Section 5: Public authorities with the power to combat corruption and nepotism

(1) The public authorities shall combat corruption and nepotism within the limits of their powers under the legislation in force.

(2) The specialised system for combating corruption and nepotism shall include specialised divisions of the Centre for Fighting Economic Crimes and Corruption, the Information and Security Service of the Republic of Moldova, the Public Prosecutors’ Department and the Court of Auditors.

CHAPTER II

Measures to prevent corruption and nepotism

Section 6: State guarantees to prevent corruption and nepotism

Corruption and nepotism shall be prevented by means of:

a) strict legal regulation of the activity of the authorities, ensuring the transparency of said activity and scrutiny thereof by government and civil society; b) improving the structure of the public service and the procedure for solving problems affecting the interests of individuals and legal entities;

c) ensuring that public servants are paid salaries and enjoy benefits in line with their competencies and responsibilities that offer them and their families decent living standards;

d) guaranteeing protection by the government and the judiciary of the rights and legitimate interests of persons authorised to exercise administrative duties;

e) restricting, on the basis of the legislation in force, certain rights and freedoms of public servants insofar as is necessary to protect the constitutional system, the rights and legitimate interests of individuals and legal entities, as well as non-governmental organisations and citizens’ associations that benefit from services provided by the public authorities;

f) taking certain special financial and fiscal control measures so as to rule out the legalisation (laundering) of funds acquired illegally with a view to bribing persons authorised to exercise administrative functions;

g) restoring the rights of individuals and legal entities who have suffered injustices and eliminating other dangerous consequences of corruption and nepotism.

Section 7: Special requirements applying to public servants

(1) Upon appointment, public servants shall voluntarily accept the restrictions imposed by this act and other regulatory acts prohibiting actions that may entail abuses of official status or authority for the purpose of satisfying their own, group or other non-service interests.

(2) Public servants may not:

a) use their official status, authority or the connections generated by them to intervene in the activity of other government or non-governmental organisations unless such intervention forms part of their duties;

b) take part with voting or decision-making rights in the consideration or settlement of problems involving their own interests or those of their relatives;

c) give certain individuals or legal entities illicit preferential treatment when preparing and taking decisions;

d) afford any individual any type of assistance not provided for in legislation with that individual’s activity, represent third parties in the authority where they are employed or to which they are subordinate, including activities they are responsible for monitoring;

e) use in their own or group interests information obtained by virtue of their official status if such information may not be disclosed;

f) refuse to provide individuals or legal entities with information that may be disclosed under the relevant legislation, delay the provision of such information or offer incorrect or selective information;

g) transfer financial or material resources belonging to the state to the election funds of particular candidates or political or social organisations;

h) violate the procedure laid down by law for examining and dealing with applications submitted by individuals or legal entities and any other matters within their responsibilities;

i) make bets or place stakes on horse races or take part in other games of chance involving money or other assets.

Section 8: Prohibited activities

(1) Public servants shall not:

a) obtain for the performance of their duties any rewards in cash or services, etc, from any individuals or legal entities, or from non-governmental organisations or public associations;

b) obtain, by virtue of their official status, gifts or services, except for symbolic tokens of recognition in line with customary standards of politeness and hospitality or symbolic souvenirs relating to protocol or other official activities, the value of which does not exceed one minimum wage. Gifts exceeding that value obtained without their knowledge or received from individuals or legal entities from foreign countries for performing official duties shall be transferred into a special state fund in accordance with the provisions of the law;

c) accept invitations for tourist trips or health improvement and treatment, etc, within the Republic or abroad at the expense of Moldovan or foreign individuals or legal entities, except for trips, etc, at the invitation of relatives or in cases stipulated under international agreements;

d) use for their personal benefit or that of groups or other non-service interests the premises, means of transport and telecommunication, computer equipment, money and other state assets made available to them for discharging their duties unless provided for in other legislation;

e) take advantage of their official status to obtain benefits for themselves or third parties in terms of access to credit or loans or of purchasing securities, property or other assets;

f) take advantage of their official status to undertake any other action to obtain income or material or other benefits or receive illicit services.

(2) Members of public servants’ families shall not accept gifts or services, invitations for tourist trips or health improvement and treatment, etc, at the expense of Moldovan or foreign individuals or legal entities with which the public servants have official dealings. Public servants shall transfer to the special state fund, in the manner laid down by law, any benefits of this kind obtained illegitimately by their family members.

(3) Violation of the provisions of this section by public servants shall lead to their dismissal if it does not constitute a criminal offence liable to sanctions.

Section 9: Other measures to prevent corruption and nepotism

The government may adopt additional measures to combat corruption and nepotism through the legislation on the public service and other legislation.

Section 10: Financial checks to prevent corruption and nepotism

(1) Upon appointment and every year thereafter, public servants shall submit declarations of their income, movable and immovable assets, bank deposits, securities and financial liabilities, including

those abroad. Persons who refuse to submit declarations or submit incorrect information shall not be appointed or shall be dismissed.

(2) The income declarations of the highest officials and other public servants whose appointment and election are governed by the Constitution shall be published annually in the authorities’ official publications. The income declarations of persons seeking to hold posts of this kind shall also be published.

(3) The Centre for Fighting Economic Crimes and Corruption, the Information and Security Service, the Public Prosecutor’s Department, the National Tax Inspectorate, the Court of Auditors and the bodies with government supervisory responsibilities shall be entitled to have access to the declarations submitted to the authorities and, if necessary, receive copies of such declarations and use the information obtained within the limits of their competence.

CHAPTER III

Liability for acts of corruption and nepotism

Section 11: Liability for acts of corruption and nepotism

(1) Public servants guilty of acts of corruption shall be punished in accordance with the Criminal Code and dismissed from their posts, while being deprived of the right to work in the public service for five years.

(2) Public servants guilty of acts of nepotism shall be liable to administrative sanctions and shall be dismissed.

Section 12: Liability of managers of public authorities and other state institutions, enterprises and organisations in respect of failure to observe the provisions of this act

(1) Managers of public authorities and other state institutions, enterprises and organisations shall take the necessary measures with regard to subordinates guilty of acts of corruption or nepotism and shall bring relevant cases to the attention of the authorities listed in Section 5(2).

(2) Managers of public authorities and other state institutions, enterprises and organisations who deliberately fail to take the measures provided for in paragraph 1 above shall be held liable under the law.

CHAPTER IV

Elimination of the consequences of acts of corruption and nepotism

Section 13: Recovery of illegally acquired assets or the value of services rendered illegally

In all cases of enrichment through corruption, the illegally acquired assets or the value of the services rendered illegally shall be transferred to the state on the basis of the relevant court ruling.

Section 14: Invalidation of measures and actions resulting from corruption and nepotism

Measures and actions resulting from corruption and nepotism shall be invalidated by the authority or public servant authorised to adopt or invalidate the respective measures or actions or by the courts, at the request of the individuals or legal entities concerned, the Centre for Fighting Economic Crimes and Corruption or the prosecution service.

CHAPTER V

Final and transitional provisions

Section 15: Supervision of compliance with the act

The Prosecutor General and his subordinates shall supervise strict and uniform compliance with the act.

Section 16: Scrutiny of compliance with the act

The Parliamentary Committee on National Security and Public Order shall scrutinise compliance with the act and co-ordinate the activity of the public authorities responsible for combating corruption and nepotism.

Section 17: Date of effect

This act shall take effect on the date of its publication.

Section 18: Bringing legislation into line with the act

Within a month of publication of the act, the Government shall:

-table proposals in Parliament on bringing the legislation in force into line with the act; -bring its regulations into line with the act.

(Adopted on 6 June 2002)

The present law establishes legal status, core principles of activity, objectives and rights of the Center for combating economic crimes and corruption as well as conditions of passing services with its bodies.

Chapter I General provisions

Article 1. The Center for combating economic crimes and corruption.
The Center for combating economic crimes and corruption (hereinafter referred to as the Center) is a specialized law-enforcement body designed to prevent financial-economic and tax offences as well as acts of corruption.

Article 2. Legal frameworks
The legal frameworks underlying activities displayed by the Center shall be the Constitution of the Republic of Moldova, the present law as well as other regulatory acts and international agreements to which Moldova is making part.

Article 3. Principles of activity
The Center shall carry out its activity on the basis of principles as follows:

a)legality;

b) observance of basic human rights and freedoms;

c)expediency;

d) combining public and secret methods and facilities;

e) combining undivided authority and collegiality;

f) cooperating with other public authority bodies, public institutions and individuals.
Article 4. Structure of the Center
(1) The Center is an integral centralized body encompassing central apparatus and its local level subdivisions.

(2) The structure of the Center, the number and location of its local level subdivisions and area coverage of their activity shall be approved by the Government upon such proposal as advanced by the manager of the Center.

(3) The Center and its local subdivisions are the legal entities and have their independent treasury accounts and other required requisites.

Chapter II Objectives, obligations and right of the center Article 5. Objectives of the Center

(1) The objectives of the Center are as follows:

a) preventing, disclosing, investigation and contend financial-economic and tax offences;

b) counteract corruption and protectionism;

c) counteract legalization of material values and laundering illegally gained money.

(2) The objectives pursued by the Center are comprehensive and can not be modified or amended unless in virtue of the law itself.

Article 6. Obligations of the Center
In order to execute entrusted objectives the Center shall proceed as follows:

a) carry out its activity in strict compliance with the Constitution of the Republic of Moldova, being guided by the present law as well as other relevant regulatory deeds;

b) carry out in compliance with the effective legislation efficient search activity;

c) take measures to prevent, disclose and contend cases of corruption and protectionism;

d) carry out inquiries prosecution and preliminary investigation of offences referred to its competencies;

e) carry out proceedings on administrative contravention referred to is competencies;

f) carry out examination of financial-economic activity and tax audits applying sanctions in compliance with the effective legislation;

g) take measures on restituting losses incurred to the state as a result of offenses preventing which is referred to the competencies of the Center;

h) receive and register claims, notifications, appeals and other such information on offences and carry out check ups on such in compliance with the established procedure;

i) ensure security of activity and protection of its personnel against encroachments while fulfilling their service duties;

j) carry out within the frameworks of its competencies measures on counteracting legalization of material values and laundering illegally gained money;

k) prevent, disclose and contend offences bound to repatriation of cash, material values and services;

l) take measures to secure preservation of mismanaged property disclosed by the Center bodies until its transfer into possession of the respective authority;

m) ensure training, retraining and refreshment of skills with engaged personnel;

n) in compliance with the effective legislation keep record ofpersons liable under military service passing services with the Center and making part of its staff;

o) ensure safeguard and safety of information referred to state, banking, commercial and other secrets found under legal protection and made known to the Center employees in the course of fulfilling duties entrusted to the Center. Such information can be disclosed to other public authority bodies in compliance with the law only.

Article 7. The rights of the Center

(1) With the scope of fulfilling entrusted objectives and obligations the Center enjoys the rights as follows:

a) carry out efficient-search arrangements, attract citizens to confidential cooperation, use cover up documents and dispose of provisional lock up ward for conducting investigation in compliance with the law;

b) prosecuting an inquiry and preliminary investigation;

c) make out minutes on administrative contravention referred to its competency;

d) arrest in compliance with the law persons, suspected of offence, referred to its competencies, hear out their explanations, effect personal examination , examination and confiscation of their personal effects and documents, apply other such measures as envisaged under the law;

e) appoint, in connection with examination of duly registered claims or notifications on offences referred to its competencies, prosecuting an inquiry or investigation on such offences, examining financial-economic activity and carrying out tax audits with both natural and legal persons engaged in entrepreneurial activity, irrespective of the form of property and type of activity displayed by the latter; in the course of examinations and audits to seal cash in vault, cash machines, premises and places of safe-keeping documents, cash and material values. Provisions for carrying out examinations shall be approved by the Government;

f) make use, in the course of tax audits, of assistance furnished by tax service officers and charge tax liabilities due by taxpayers following the procedure set forth under tax legislation;

g) during examination of financial-economic activity and tax audits, prosecuting inquiries and conducting preliminary investigations enjoy free access, and in case of obstruction, to penetrate into premises in the territory or land plots owned by natural and legal persons engaged in entrepreneurial activity irrespective of the type of property and business or location (except for foreign diplomatic representation offices and consular institutions); to conduct in presence of the proprietor or his authorized representative and in case of his absence or refuse to attend –with participation of local public administration representatives examination of said objects, including means of transportation, check up and/or withdraw required items, material values and documents. Penetration into residence against the will of its inhabitants shall be done in cases when executing sanction of arrest or court rulings;

h) suspend transactions carried out by both natural and legal persons engaged in entrepreneurial activity and bound to accounts held with the banks and other banking institutions and seize cash, material values,

i) receive from public authority bodies required information and documents;

j) attract experts engaged by public authority bodies, state enterprises, organizations and institutions to carrying out examinations and expertise, clearing certain specific issues;

k) carry out in compliance with the law photography, taping, cinema-and video recording, dactyloscopy and registration of persons subjected to detention or arrest;

l) demand from managers of controlled enterprises to carry out inventory of material values and cash and collating mutual offsets, duly submission of technical-regulatory and accountancy documentation regulating and confirming transactions on use of tangibles and cash;

m) ascertain violation of financial-economic and tax legislation and apply sanctions stipulated under the law;

n) arrest and/or confiscate from natural and legal persons engaged in entrepreneurial activity material values, including means of transportation, in cases as follows:

– failure to produce while transporting, storing or selling documents certifying legality of their origin;

– storing non-enrolled into accounting documents material values or storing such in places not declared with the tax authority;

o) suppress natural and legal persons’ documents in all cases when forgery is suspected;

p) in compliance with the effective legislation appeal with the statement of claim to a judicial instance;

r) participate in the elaboration and improvement of legislation in what refers to averting and suppressing economic crimes and corruption;

s) advance proposals on elimination of causes and conditions fostering offences arising from its competencies and following the procedure stipulated under the law;

t) based on inter-governmental agreements (conventions) carry out exchange of information on economic relationships established by natural and legal persons of the Republic of Moldova and natural and legal persons of other countries;

u) using mass media with the scope of establishing circumstances of offences and searching for persons escaping from inquest, investigation and prosecution.

(2) In cases of disclose of law violations decisions and resolutions on accrual of tax liabilities, application of penalties and other sanctions shall be taken by the managers of the Center and its local subdivisions as well as by their deputies.

Chapter III Organization of Center’s activities competencies of Center’s director

Article 8. Organization of Center’s activity.

(1) The Center is managed by its Director appointed by the Government for a term of four years.

(2) Director of the Center (hereinafter referred to as Director) shall be entitled to take part in Government sittings.

(3) Director has his deputies appointed and dismissed by the Government upon submission of the respective application by Center’s Director.

(4) Created with the Center shall be the Collegium. Number of personnel and composition of such shall be approved by the Government upon submission of the respective application by its Director.

(5) The Center is independent in determining the plan of its activity and in carrying out its competencies.

Article 9. Director’s competencies.
(1) The Director’s competencies are as follows:
a) organizing and ensuring activities displayed by the Center and its local subdivisions, activities displayed by the Collegium and bears personal responsibility for the fulfillment of objectives entrusted to the Center;

b) determining and distributing functional duties between his deputies and managers of structural subdivisions of the central apparatus;

c) determining fields of activity to be covered by Center’s local subdivisions;

d) approving staff of central apparatus and its local subdivisions incompliance with the structure and within the number of personnel approved by the Government;

e) approving financing programs within budget allocations envisaged under the law of budget for the respective year and submitting such for approval to the Ministry of Finance;

g) approving internal routine rules for the Center;
h) issuing, on the basis and for the purpose of executing the present law, respective orders, resolutions and instructions;

i) organizing selection, assignment and training of personnel;
j) conferring respective ranks to Center’s employees;
k) issuing orders on appointing and dismissal of Center’s employees;
l) ensuring measures of incentive and applies disciplinary punishment onto Center’s employees in compliance with the effective legislation and other regulatory acts;

m) representing the Center in its relationships with other public authority bodies as well as with the similar structures in other countries;

n) canceling or making changes in orders, decisions, resolutions and instructions issued by the managers of local subdivisions of the Center in cases when such are contradicting to the effective legislation and other regulatory acts.

(2) The Director is entitled to proceed as follows: a) delegate part of his functions to other employees of the Center; b) bring to the Government proposals on changing the structure of the Center with the scope of improving its activity.
Article 10. Financing and logistics
The financing and logistics of the Center are ensured at the expense of the state budget allocations.
Chapter IV Enrolement with the Center staff

Article 11. Employees
(1) Center’s employee shall be considered a person enrolled with one of its bodies and entrusted with certain rights and obligations with the scope of fulfilling objectives entrusted to the Center and to whom special rank has been conferred in compliance with the procedure established under the present law.

(2) Likewise employed by the Center can be public servants to whom conferred in compliance with effective legislation shall be respective class ranks as well as technical personnel.

Article 12. Enrolment conditions
(1) Enrolled with the Center can be citizens of the Republic of Moldova who are capable by their personal or professional qualities of fulfilling objectives pursued by the latter with high school or secondary education background in financial, accounting or juridical domain and health condition allowing them to perform duties in the respectively occupied position.

(2) Persons whose appointment to the respective position envisages special expertise can not be employed with the center if aged over 30 or respectively over 35 for being employed with medium and high level managerial positions. Employment shall be done following conditions and terms established by the Collegium.

(3) Enrolment with the Center is voluntarily and shall be done incompliance with the law by signing individual employment contract.

(4) In compliance with the effective legislation a certain probation period can be established for persons enrolled with the Center. Days when missing due to temporary incapacity to work or any other reason envisaged under the law shall not be included into probation period.

(5) Candidates for enrolment with the Center shall be subjected to thorough check up.

Article 13. Limitations
(1) Any person with prior convictions, including cases of cancelled convictions, or such freed from penal responsibility under amnesty, as well as such recognized under the law as incapable of act or with limited capacity of act can not be employed with the Center.

(2) The Center’s employee can not:
a) take another paid position except for such bound with teaching, scientific or creative activity;

b) be involved in entrepreneurial activity personally or through the third parties;

c) share membership in managerial bodies of an enterprise;
d) be the solicitor or third parties representative with the Center’s bodies;

e) use outside service duties financial resources, logistics and information provisions, other state assets as well as service information;

f) use service position in the interest of parties, other social and political associations, including trade unions and religious organizations.

(3) In compliance with the effective legislation for the duration of employment with the Center its employee is obliged to transfer into trust management to another person his interest (package of shares) held in the statutory capital of the enterprise.

(4) In case of violation of the provisions set out under the present article or commencing any action incompatible with the position taken, the Center’s employee shall be dismissed irrespective of the time of commencing such action.

Article 14. Employment certificate and uniform
(1) Following the established procedure issued in are of Center’s employees shall be employment certificates, badgers and personal seals, the specimens of which shall be defined by the center. Employment certificate shall certify the right of the respective employee for wearing and safekeeping service weapon and special means, other rights and competencies granted by the law.

(3) Center employees enjoy free uniform. The specimen of the uniform, distinguishing badges and uniform provision rates shall be approved by the Government. The procedure of wearing uniform shall be established by the Director of the Center.

Chapter V Conferring special ranks

Article 15. Special ranks

(1) The Center’s employees are the officers and warrant officers conferred to whom can be the following special ranks: a) warrant officer; b) senior warrant officer; c)lieutenant; d) senior lieutenant; )captain; f)major; g)lieutenant-colonel; h)colonel; i)major-general; j)lieutenant-general; k)colonel-general.

(2) The following special ranks correspond to each complement of staff:

a) junior complement: warrant officer, senior warrant officer;
b) medium managerial complement: lieutenant, senior lieutenant, captain;
c) senior managerial complement: major, lieutenant-colonel, colonel;
d) superior managerial complement: major-general, lieutenant-general, colonel-general.
(3) The list of positions with the Center and respective special knowledge to match the position are established by the Government.

(4) Special ranks with the Center’s employees shall be equaled to the respective military or other special ranks.

(5) Special ranks shall be conferred for the life time. When reaching the age of retirement added to the rank shall be “retired servicemen”.

Article 16. General conditions of conferring special ranks.

(1) Special ranks are conferred personally taking into account qualification and professional expertise of Center’s employee, length of service and position occupied, as well as other conditions envisaged under the present law.

(2) Special ranks ranging from major-general and up as well as special rank to Center’s Director shall be conferred by the President of the Republic of Moldova upon submission of application by the prime-minister.

(3) Special ranks up to colonel inclusively shall be conferred by the Center’s Director.

(4) Special ranks conferred to Center’s employees are subdivided into initial and ordinary.

(5) When appointing to a position envisaged for which is the requirement of conferring special rank of a major and higher, initially conferred can be special rank not higher than major, unless the person in question has been prior conferred higher class rank of public servant, special or military rank.

(6) The ordinary special rank is conferred in succession and in compliance with special rank envisaged by the position taken upon expiry of the established term of service holding previous special rank.

(7) The ordinary special rank up to colonel inclusively can be as well conferred when attending profile educational institution (recommended by the Center) in compliance with position taken prior to entering schooling institution. Upon graduation from schooling institution or post-graduate study the ordinary special rank is conferred irrespective of prior taken position.

(8) Establishing other than herewith-specified procedure of conferring special ranks is inadmissible.

Article 17. Conferring initial special ranks.
(1) The initial special rank of warrant officer is conferred upon enrollment with the Center services and appointment to position corresponding to special rank of warrant officer or senior warrant officer.

(2) The special rank of lieutenant is conferred to Center employees having high school background, appointed to respective position and corresponding to special rank beginning with lieutenant and up.

(3) A person having military rank or special rank conferred by other public authority body, being enrolled with the Center services and appointed to a position shall be conferred special rank corresponding to prior conferred military or special rank if in compliance with the present law any higher rank can not be conferred.

(4) Conditions of compliance of military and special ranks to special ranks of the Center shall be defined by the Government.

Article 18. The oath
(1) Within 10 days after initial special rank has been conferred Center’s employee shall take the following oath:

“Having joined the Center for combating economic crimes and corruption I am herewith taking this oath to serve the people of the Republic of Moldova, making commitment to rigorously observe the Constitution as well as other laws of the state, to secure citizens’ rights and freedoms and to voluntarily fulfil my service duties.

I swear to overcome the difficulties with dignity, be honest, courageous, display vigilance and use all my knowledge to ensure economical security of the Republic of Moldova, and to strictly observe the state and service secret.

And shall I break the oath I am prepared to bear responsibility envisaged under the law”.

(2) The procedure of taking the oath shall be defined by the Director of the Center.

Article 19. The length of service in special ranks.
(1) Applicable to the length of service in special ranks are as follows:

a) warrant officer 1 year; b) lieutenant 2 years; c) senior lieutenant 3 years; d) captain 3 years; e) major 4 years; f) lieutenant colonel 4 years.

(2) The length of service in special ranks of warrant officer, colonel and higher is not established.

(3) For the employees having high school background and passing services with the Center in the speciality conferred upon graduation and which is specific for the activity displayed by the Center, the length of service in special rank of lieutenant is 1 year.

(4) The ordinary special rank corresponding to the position taken shall be conferred to Center employee upon expiry of service in prior conferred rank.

Article 20. Length of service
(1) The employees remain enrolled with the Center until they reach the following age limits corresponding to special rank:

a) from warrant officer up to captain 45 years; b) from major up to colonel 50 years; c) major-general 55 years; d) lieutenant-general and colonel-general 60 years.

(2) The age limit for public servants and technical personnel shall be established by the effective legislation.

(3) The service term with the Center in excess of age limit can be extended for up to 5 years upon employee’s request by the person or body authorized to appoint for position, provided said employee is found fit for service with the Center by medical examination commission.

(4) Liable under military service enrolled with the Center as employees shall be taken off the military registration record in compliance with the legislation and transferred with the Center’s staff.

Article 21. Delay in conferring ordinary special rank.
The ordinary special rank is not conferred in cases as follows:
a) found at Center’s disposition prior to being appointed to a position;

b) found under disciplinary punishment until such is canceled;
c) found under service investigation in connection with infringement of service discipline or charged with penal responsibility until service investigation is over or penal case is closed (except for cases when freed from penal responsibility under amnesty act) or court ruling of non guilty. In cases when infringement of service discipline finds no confirmation or when penal case is cancelled on rehabilitative grounds or court ruling of non guilty the ordinary special rank is conferred as of the day when grounds occurred for conferring such.

Article 22. Specific issues of conferring special ranks and estimation of the length of service in case of employees transfered to the Center.

(1) The public servant transferred to Center bodies shall be conferred special rank corresponding to prior conferred one irrespective of his position taken with the Center.

(2) The public servant transferred to the Center bodies to take position of a public servant shall preserve prior conferred special rank or

class or higher class rank in case his position taken with the Center is higher.

(3) The length of service calculated on previous employment with public authority bodies as well as such in taking positions in financial, economic, accounting or juridical fields shall be enrolled into length of service with the Center.

Chapter VI Passing services with center bodies

Article 23. The rights of an employee
(1) When fulfilling service duties an employee of the Center within the frameworks of occupied position has the rights as follows:

a) to receive as per established procedure information and materials required to fulfil his service duties;

b) to get familiar with the documents defining his rights and obligations as well as with criteria of quality evaluation when passing services with the Center;

c) to take decisions and/or participate in preparing drafts of certain decisions;

d) to advance proposals on improving activities displayed by the Center;

e) to take part in contest for replacing vacant positions with the Center’s bodies;

f) to get familiar with materials of his personal case, references on his performances as well as with other documents and to submit explanations to be annexed to his personal case;

g) to rise qualification at the expense of resources allocated by the Center for the purpose;

h) to demand service investigation to be carried out in order to disproof data discrediting his dignity and depriving his rights;

i) to participate in meetings held by the Center;

j) to keep specially assigned service weapon, to use physical force, special means and service weapon observing the procedure in cases set out under the present law;

k) to receive financial, material, medical, pension and other types of provisions envisaged under the effective legislation.

(2) The Center’s employee is entitled to enjoy other rights envisaged by the effective legislation.

Article 24. The obligations of an employee
(1) The employee of the Center has obligations as follows:
a) to observe Constitution of the Republic of Moldova, provisions setout by the present law as well as other regulatory acts;

b) to provide for observance and protection of basic human rights and freedoms;

c) to fulfil lawful orders and instructions of his superiors;
d) to observe internal routine rules of the Center, procedure of using service information, fulfil other instructions, provisions and regulatory acts;

e) to keep state and other law protected secrets, not to divulge information became known in connection with fulfilling service duties, including such touching private life, honor and dignity of the citizens.

(2) The obligations of the Center’s employee are defined by the office circular approved by its Director.

(3) Referred to fulfillment of service duties by Center’s employee are as follows:

a) carrying out provisions set out under regulatory acts issued by the central public authority bodies and referred to activities displayed by the Center;

b) executing orders and instructions of superiors issued incompliance with their competencies except for deliberately illegitimate ones;

c) carrying out service duties within the established work hours or extra hours if such is called for by service necessity as well as attending to studies with schooling institutions recommended by the Center;

e)taking part in actions on preventing and liquidation of consequences of natural calamities, emergencies and catastrophes;

f) protecting own and other persons life and bone, honor and dignity;
g) travelling to and from the place of service, being on a business trip or medical care;

h) being kept hostage in connection with fulfilling service duties;
i) missing until officially recognized as missing or declared deceased in compliance with the procedure established under the law;

j) attempting other actions recognized by the judiciary instance as committed when performing service duties.

Article 25. Attestation
(1) Attestation is carried out with the scope of evaluating the level of professional qualification and fitness to the occupied position.

(2) Attestation, as a rule, takes place once every 3 years, but not less than once every four years and not earlier than one year from the assignment.

(3) The procedure of attestation shall be established by the Government.

Article 26. Conditions and extent of applying physical force, special means and service assigned weapon.

(1) The Center’s employees shall be entitled, following respective training, to hold and use service assigned weapon and special means within the limits and following the procedure established under the present law.

(2) Application of physical force, special means or service assigned weapon shall be preceded by warning on intention to make use of such and allowing for sufficient time for response, with exception of cases when delay in applying physical force, special means and service assigned weaponmay generate direct danger to life and bone of citizens and/or Center’s employee or may lead to grave consequences.

(3) Service assigned weapon shall not be used against women and minors, elderly persons or such having evident physical deficiencies, except for the cases when such persons are attempting joint assault menacing peoples’ life and bone and such actions can not be stopped by other ways or means.

(4) In case of applying physical force, special means or service assigned weapon, the Center’s employee is obliged to notify on the case to his superior as well as to prosecutor.

(5) Exceeding by the Center’s employees their attributions with regards to application of physical force, special means and service assigned weapon implies responsibility set out under the effective legislation.

(6) Physical force, including special fighting methods shall beapplied to defeat resistance opposed to legal requirements in case when non-violent methods are not sufficient for ensuring fulfillment of obligations.

(7) Means of immobilizing (s.a. handcuffs, batons, tear gas, etc)shall be applied in cases as follows:

a) averting assaults attempted on Center’s employees and other persons found on duty;

b) arresting and delivering to Center’s office or other service premises persons that have committed offence, escorting and holding arrested persons if such refuse to subordinate or oppose resistance to Center’s employee as well as in case when there are grounds for suspect that they can escape, cause prejudice to persons in their vicinity or to themselves.

(8) Type of special means and severity of application shall be chosen by Center’s employee depending on situation created, nature of offence and delinquent’s identity.

(9) The service assigned weapon shall be used by Center’s employee as an extreme measure in cases as follows:

a) for self defense against assaults implying real threat to life or bone, as well as for preventing capturing of service assigned weapon through violence;

b) for halting group or armed assault against Center’s employees and other employees of the Center on duty, as well as halting any otherassaults of other nature threatening their life and bone;

c) for arresting person opposing armed resistance or a delinquent escaping from arrest as well as of armed person that refuses to subordinate to the order of lay down his arm, when it does not seem possible to halt resistance or arresting a delinquent by any other means.

(10) Shooting above the target shall be considered application farm.

(11) The arm can be used without prior warning in case of unexpected assault with use of wrestling technique and/or means of transportation.<

(Adopted on 27 June 1996, modified on 20 June, 2002)

Chapter I General provisions
Article 1. The scope of the present law.
The scope pursued by the present law is to protect citizens’ rights and freedoms and public interests, to ensure state security, compliance with the Constitution and other laws adopted by the legislative, executive and judiciary powers, ensure proper functioning of administrative bodies and execution of competencies by the public servants and persons assimilated with such by averting, tracing out and preventing acts of corruption by clearing consequences of such and punishing the culpable ones, as well as by averting, tracing out and preventing protectionism.

Article 2. Notions

For the purpose of the present law:
corruption shall be interpreted as an anti-social phenomenon implying illegal collusion entered by two parties one of which is offering or promising illegitimate benefits while the other, making part of public service, agreeing or accepting such in exchange of executing or non executing certain functional actions, which comprise elements of defiance stipulated by the Criminal Code;

protectionism shall be interpreted as an action or failure to take action by the decision maker offering protection in resolving certain problems in favor of the interested persons by showing favorable attitude towards such irrespective of the motives by which the latter have been guided, which do not contain elements of offense.

Article 3. Subjects of the acts of corruption and protectionism
The following are considered the subjects of the acts of corruption and protectionism: functionaries to whom temporarily or permanently extended, by virtue of the law, by appointment or election, or by virtue of an errand, have been the rights and obligations in view of exercising services with a public or any other institution, or with state-owned enterprise or organization; functionaries exercising prescribed administrative and organizational-economic actions, persons holding positions implying high responsibility, whose appointment or election is governed by the Constitution and the organic laws as well as such to whom authority of act was delegated by the person holding responsible position, who have committed illegal actions that in compliance with the effective legislation are subject to disciplinary, administrative or criminal punishment.

Article 4. Scope of application of the present law
Coming within the purview of the present law shall be relations making part to which are public authorities, public functionaries, functionaries employed by other state-owned enterprises and organizations of both central and local subordination as well as other persons vested with the authority of exercising administrative function sand whose activity is governed by the effective legislation.

Article 5. The public authorities vested with the authority of combating corruption and protectionism.

(1) The public authorities shall exercise corruption andprotectionism combat within the frameworks of their competencies set out under the effective legislation.

(2) The specialized system for corruption and protectionism combat includes specialized subdivisions affiliated by the Center for Combating Economic Crimes and Corruption, Information and Security Service, General Prosecutor’s Office and Court of Auditors.
[Par. 2 as modified by Law No. 1146-XV of 20.06.2002]
[Par. 2 art. 5 as modified by Law No. 390-XV of 20.07.2001]
[Par. 2 art. 5 as modified by Law No. 754-XIV of 23.12.99]
Chapter II Measures to prevent corruption and protectionism
Article 6. State guarantees designed to prevent corruption and protectionism.
Corruption and protectionism prevention can be achieved through the following measures:
a) strict legal regulation imposed onto the activities displayed by public authorities, ensuring publicity of such activities as well as state and public control over such;
b) improving the structure of public service as well as the procedure of solving problems concerning interests of natural and legal entities;
c) ensuring that public functionaries are paid such salaries and privileges from the state budget that would match their competencies and responsibilities and offer them and their families a decent living standards;
d) ensuring state and judiciary protection of the legitimate rights of persons vested with the authority of exercising administrative functions;
e) restricting, on the basis of the effective legislation, certain rights and liberties of public functionaries to the extent it looks feasible in order to secure constitutional provisions, the rights and legitimate interests of both natural and legal entities as well as of non-governmental organizations and public associations benefiting on the services rendered by the public authoirities;
f) carrying out certain measures of financial and fiscal control so as to exclude legalization (laundering) illicit proceeds accumulated due to bribing persons vested with the authority to exercise administrative
functions;

[Item f) as amended by Law No. 390-XV of 20.07.2001]
g) rehabilitation of natural and legal entities towards which admitted was act of injustice as well as clearing other dangerous consequences of corruption and protectionism.

Article 7. Special requirements to public functionaries
(1) When hiring a person with the office the latter shall voluntarily accept restrictions imposed through the law and other regulatory acts so as not to commit any actions that may lead to using official status and authority for stisfying personal or group interest as well as any other interests other than service ones.
(2) Public functionary shall not be entitled to proceed as follows:
a) interfere, by making use of his official status, authority and connections generated by such, into the activities displayed by other government and non governmental bodies, unless such interference has
been stipulated as part of his competencies;
b) participate with the voting or decisive right in the examination or solutioning of problems concerning his own interests or such concerning his close relatives;
c) render groundless preference to certain natural or legal entities when elaborating and taking decisions;
d) render to any person any kind of assistance that was not envisaged under the regulatory acts in the entrepreneurship or other type of activity displayed by such persons, to be business representative for the third party with the public authority that has hired him for the service or with the one to which he is subordinated or the one in which he is entrusted to control the activities displayed;
e) use in his own or group interests information obtained as a result of his service attributions in case when such is not allowed to be divulged;
f) refuse offering to any of the natural or legal entities information allowed for disclosure under legislative acts, delaying presentation of such or rendering incorrect or selected information;
g) transfer to elction funds of certain candidates and social-political organizations any of the financial resources and materials referred to state ownership;
h) violate procedure stipulated by the regulatory acts in examining and resolving petitions lodged by natural or legal entities, as well as other such problems within his competencies;
i) betting or staking on races or taking part in any other games of chances implying cash or other values.
Article 8. Interdictions
(1) Public functionary shall be aware of the interdictions as follows:
a) obtain for the fulfillment of his service duties any rewarding in cash, services, etc., from any natural or legal entity as well as from non-governmental organizations and public associations;
b) obtain, by virtue of his social position, gifts and services, except for symbilic signs of attention according to the commonly recognized standards of politeness and hospitality as well as symbolic souverirs during protocil actions and other officially displayed actions, provided their value does not exceed the size of one minimum salary. Gifts with the value exeeding one minimum salary obtained for the fulfillment of service duties (without knowing the real value of gifts) from foreign natural or legal entities shall be transferred to a special state fund following the procedure stipulated by the law;
c) accept invitations for a touristic trip, health improvement and treatment abroad at the expense of natural or legal entities (residents and non residents) except for such trips made at the invitation of close relatives or in cases stipulated by the international agreements;
d) use for personal, group and other type of interest other that that of service premises, means of transportation and telecommunication, computers, cash and other state ownership found at their disposal for exercising service duties unless otherwise stipulated by other regulatory acts;
e) benefit on privileges to obtain for himself and other persons loans and borrowings, to procure securities, real estate and other assets, profiting on his service position;
f) undertake other actions, profiting on the service position in order to gain income and material or other advantages or to accept illegitimate services.
(2) Members of public functionary’s family shall not be entitled to receive gifts and services, invitations for a touristic trips, health improvement and treatment, etc. at the expense of natural and legal entities (both redidents and non-residents) if such have service relations with the public functionary. The public functionary, in compliance with the law, is obliged to transfer to the special state fund goods illegitimately obtained by his family members.
(3) Violation by public functionary of interdictions stipulated under the present article, provided it does not constitute sanctionable penal case, implies resignation from the office.
Article 9. Other measures to prevent corruption and protectionism
Envisaged under the Law of Civil Service can be measures meant to prevent corruption and protectionism other than those specified under Art. 7 and 8.
Article 10. Financial control as corruption prevention measure
(1) When hired with the public service and every year afterwards the functionaries shall submit declaration on their income, movable and immovable assets, bank deposits and securities, financial liabilities, including such abroad. Refuse to submit declaration or inclusion of incorrect data into such implies turning down service application or resignation.
(2) Income declaration by top level officials as well as by other decision makers, whose appointment and election is governed by the Constitution, shall be published on annual basis by the official press of public authorities. Likewise published shall be income declarations submitted by the persons intending to take the office (candidates).

(3) Center for Combating Economic Crimes and Corruption, Information and Security Service, General Prosecutor’s Office, State Tax Service, Court of Auditors and other authorities vested with the state control functions are entitled to have access to declarations submitted with public administration bodies, to receive, if necessary, copies of such declarations and to use information obtained within the limits of
their competencies only.

[Par.3 as modified by Law No. 1146-XV of 20.06.2002]
[Par.3 art. 10 to read as amended by Law No. 390-XV of 20.07.2001]
Chapter III Responsibility for acts of corruption and protectionism
Article 11. Responsibility for acts of corruption and protectionism
(1) Public functionaries found guilty of perpetrating acts of corruption shall be brought to trial in compliance with the Criminal Code and dismissed, while being deprived of the right to take office with public service for a period of 5 years.
(2) Public functionaries found duitly of perpetrating acts of protectionism shall bear administrative responsibility and dismissed.
[Par.2 art. 11 as modified by Law No. 390-XV of 20.07.2001]
[Par.2 art. 11 as modified by Law No. 1375-XIII of 19.11.97]
Article 12. Responsibility of the managers of public authorities, other institutions, state enterprises and organizations for failure to observe provisions set out under the present law.
(1) Managers of public authorities, other state institutions and organizations are obliged to take rigorous measures to those of their subordinated functionaries that were found guilty of perpetrating certain acts of corruption and protectionism and to bring such to the attention of the controlling bodies specified under Art. 5 par. (2).
(2) Deliberate dodging by the managers of public authorities, other state institutions, enterprises and organizations from complying with the measures set out under par. (1) implies responsibility in conformity with the effective legislation.
[Par. 2 art. 12 as modified by Law No. 390-XV of 20.07.2001]
[Par. 3 art. 12 excluded by Law No. 390-XV of 20.07.2001]
Chapter IV Eliminating consequences inflicted by the acts of corruption and protectionism
Article 13. Prosecuting illegitimately acquired assets or the value of illegitimately rendered services.
In all cases of gaining wealth through perpetrating acts of corruption, the illegitimately gained assets or value of illegitimately rendered services shall be turned into state benefit based on the court ruling.

Article 14. Canceling acts and actions perpetrated through corruption and protectionism.
The acts and actions perpetrated through corruption and protectionism are subject to cancellation by the authority or by the decision maker vested with the competency of approving or canceling respective acts, or by the judiciary instance, at the request lodged by the Center for Combating Economic Crimes and Corruption, interested natural or legal entities or prosecutor.

[Art. 14 as modified by Law No. 1146-XV of 20.06.2002]
Chapter V Final provisions
Article 15. Supervision over the observance of the present law.
Supervision over strict and uniform observance of the present law shall be exercised by the General Prosecutor’s Office as well as by its subordinate prosecutors.
Article 16. Control over the execution of provisions set out under the present law.
The Parlamentarial Commission for state security and ensuring public order shall exercise control over the execution of provisions set out under the present law and coordinate activities displayed by public authorities vested with the competencies to combat corruption and protectionism.
Article 17. Effectiveness
The present law becomes effective as of the date of its publication.
Article 18. Bringing regulatory acts in conformity with the present law:
To that end, the Government, within one month from the date of publication shall:
-submit to the Parliament proposals on bringing the effective legislation in conformity with the present law;
-bring its reegulator acts in conformity with the present law.

(Adopted on 5 September 2002)

Article 1. Scope of the law
The present law establishes compulsoriness, mode of declaring and controlling income and ownership of the state dignitaries, judges, prosecutors, public functionaries and certain persons vested with themanagerial functions.

Article 2. Notions
For the purpose of the present law herewith defined are the following notions:
-state dignitary shall be interpreted as a person taking publicfunction with public authority, with public administration;

-person vested with managerial functions shall be interpreted as the manager and his deputy with the public institution, state ormunicipal enterprise, commercial company with the majority state stake, financial institution with total or majority state stake;

-public institution shall be interpreted as organization foundedby the central or local public authorities with the scope of displaying social-cultural, educational or other similar non-profit functions and financed integrally at the expense of budget resources;

-ownership shall be interpreted as proceeds, movable and immovable assets, bank deposits and securities, financial liabilities, including holdings abroad

Article 3. Subjects of income and ownership declaration
The following are the subjects of income and ownership declaration:
a) President of the Republic of Moldova, Parliament deputies, members of the Cabinet, judges of the Constitutional Court, Supreme Court of Justice, Court of Appeals, members of the Superior Council of Magistrate, judges, General Prosecutor, prosecutors and their deputies, members of the Court of Auditors, members of the Administrative Board of the National Bank of Moldova, members of the national Commission of Securities, Parliament lawyers, Chairman of the Central Election Commission and his deputies (permanent), managers of local public administration bodies;

b) deputy ministers, directors of departments and their deputies, heads of state services and their deputies, heads of customs offices and their deputies, directors of state and independent agencies and their deputies, director of the Chamber of licensing and his deputies;

c) managers and their deputies with public institution, state or municipal enterprise, commercial company with the majority state stake, financial institution with total or majority state stake;
d) state functionaries other than specified under items a),b)and c).
Article 4. Object of declaration
(1) Persons stipulated under Art. 3 shall declare as follows:
a) income as at the date of filing declaration;
b) movable and immovable assets of all types;
c) financial liabilities, including such by family members;
d)shareholding, including family members, in the statutory capital of companies/enterprises.
(2) According to legislation evaluation of ownership shall be done by specifying the value (cost) mentioned in the document confirming provenience of the property (alienation, swap, donation, heritage, privatization, etc.).
(3) The present article envisages declaration of income and ownership found both in the territory of the Republic of Moldova and abroad.

Article 5. Compulsoriness of declaration
In compliance with the law, the subjects of declaration, mentioned in Art. 3 are obliged to declare their income and ownership.
Article 6. Income and ownership declaration
(1) Income and ownership declaration (hereinafter referred to as the declaration) shall be deemed as personal and irrevocable deed.
(2) Declaration is a confidential deed and can not be made publicly known unless otherwise specified by the law.
Article 7. Declaration procedure
(1) Declaration shall be made out in writing based on complete responsibility of a declarant and shall contain information and data on his personal assets, common assets, including such owned by the spouse, as well as such owned by minor children and dependent persons.

(2) Declaration shall contain information on the deeds of property alienation with any title (against payment or free), made out during the effective term of mandate or while executing service attributions.

(3) Declaration shall be made out according to provisions set out under the present law (see herewith attached standard form of declaration) and filed with the authority vested with the competency of collecting such within the terms as stipulated under Art. 8 par. (1).

(4) Control over income and ownership declaration is done in compliance with the procedure set out under the present law.
(1) Declaration shall be filed within 20 days from the date of being appointed or elected with the office. In case of eligible functions that imply validation of mandate, declaration shall be filed prior to validation of the latter.

(2) Income and ownership declaration shall be updated on annual basis before January 30 of the year following the reported
(3) Upon expiry of mandate or discontinuing activity, persons specified under Art. 3 are obliged to file a new income and ownership declaration held as at this date.

(4) Failure to file declaration, due to imputable motives, within 20 days from termination of activities leads to launching control procedure from the office.
(5) The subjects of income and ownership declaration are obliged to file declaration after expiry of one year from termination of activities before January 30 of the year that follows.
Article 9. Authorities vested with the competence of collecting declarations
(1) The subjects of income and ownership declaration specified under Art. 3 item a) shall file their declarations with the central Commission for controlling income and ownership declarations(hereinafter referred to as the central control Commission).

(2) The subjects of income and ownership declaration specified under Art. 3 item b) shall file their declarations with the departmental commission for controlling income and ownership declarations concerning income and ownership of the State Chancellery; the ones specified under items c) and d) shall file declarations with the departmental commission constituted by the public authority, which, in compliance with the Constitution or other laws, has issued deed of appointing the declarant with the office, while the councilors of local councils shall file their declarations with the departmental commission constituted by the chairmen of these councils (hereinafter referred to as the departmental control commission).

(3) Commissions vested with the competency to receive and safe keep declarations shall issue proof documents in care of the declarants.
Article 10. Declarations control procedure
(1) Central control Commission as well as departmental control commissions entitled, by virtue of Art. 9, to collect declarations shall carry out preliminary control of such.
(2) Preliminary control implies verification of correct filling in of declarations, completeness and accuracy of information and data included in such. At the request of central or departmental control commissions the public authorities shall render assistance in verifying information and data entered in declarations and to submit required documents.

(3) Preliminary control of income and ownership declarations shall be done within 15 working days from the date of its filing. Upon decision taken by the central or departmental control Commissions the term of filing can be extended up to 30 working days.
(4) The central or departmental control Commissions, in case to of disclosing component elements of any violation, including offense shall proceed to submitting respective materials to the Center for Combating Economic Crimes and Corruption.
(5) Center for Combating Economic Crimes and Corruption shall carry out de facto control of declarations, which implies collation of information and data exposed in declaration with information and documents available with competent public authorities. The fact of initiating de facto control shall be made known to the person whose declaration is subject to control and to public authority employing this person or to hierarchically superior body. Interference of public authority in which the declarant is taking the office into the controlling procedure is inadmissible.

(6) De facto control shall be accomplished prior to date of filing new declaration.
Article 11. Authorities vested with the competency of controlling declarations
(1) The function of preliminary control is referred to the competencies of the central and departmental control commissions.
(2) The Central control Commission is composed of 9 members appointed on the basis of parity, by 3 representatives on behalf of the Parliament, President of the Republic of Moldova and Government.
(3) Departmental control commissions are constituted by public authorities, acting in compliance with the Constitution or other laws, which have issued the deed for appointing the declarant to the office.

(4) Central and departmental control commissions are autonomous and have the right to train specialists for the purpose of carrying out control procedures.
(5) Central and departmental control commissions are being guided by the regulations approved by the Parliament.
(6) The function of de facto control of declarations is referred to the competencies of the Center for Combating Economic Crimes and Corruption, which acts on the basis of the effective law.

Article 12. Information confidentiality
(1) Persons who in the process of exercising service duties became aware of information concerning income and ownership declaration or the ones involved in declaration data verification are obliged to keep this information confidential.

(2) Persons failing to observe the mode of safe keeping and use of information specified under paragraph (1) with except of such stipulated under Art. 13, shall bear responsibility in compliance with the effective legislation.

Article 13. Transparency of declarations
(1) Declarations filed by the President of the Republic of Moldova, Parliament deputies, members of the Cabinet, Chairman of the Constitutional Court, Chairman of the Supreme Court of Justice, General Prosecutor, Chairman of the Court of Auditors, Governor of the National Bank of Moldova, Director of Information and Security Service, mayors from towns, villages (communities) and chairmen of district councils shall be published annually in the republican or local mass media. Declarations filed by mayors can be made public by posting announcements.

(2) The following data and information contained in declarations shall be made public and shall not be deemed as confidential:

Article 8. Term of filing declaration
a) the total value of declared ownership;
b) list of all the estate that constitutes ownership of the declarant showing whether it belongs to him with the title of ownership or use, including such found abroad.

(3) Declarations of subjects other that those mentioned under par.
(1) can be made publicly known at their own initiative with due respect
of the provisions set out under par. (2).
Article 14. Responsibility for violating provisions set out under the present law

Bearing administrative or penal responsibility and can be dismissed persons who:

a) are dodging from filing declaration although obliged to do so;

b) have failed to file their declaration within the specified term or at all;

c) have entered incorrect data in their declaration.
Article 15. Final and transitory provisions
(1)Subjects of declaration specified under Art. 3 shall file their income and ownership declarations on January 30 of the year following effectiveness of the present law.
(2) Within 3 month time the Government should:
-draft and circulate to the Parliament for approval regulations for the activity displayed by the central and by the departmental income and ownership control Commissions;
– draft and circulate to the Parliament proposals on bringing legislation in conformity with the present law;
– bring its regulatory acts in conformity with the provisions set out under the present law;
– take all necessary measures to ensure activities on setting up and functioning of the central and the departmental income and ownership control commissions.

(Enter into force on 12 June 2003.)

Article 123. Persons Holding Positions Of Responsibility

(1) Persons holding positions of responsibility shall mean persons who, by law, appointment, election or the assignment of a specific task, are assigned certain rights and obligations with a view to exercising the functions of public authority or of enterprises responsible for administrative or organizational activities.

(2) Persons holding positions of high responsibility shall mean persons holding positions of responsibility whose method of appointment or election is governed by the Constitution of the Republic of Moldova and institutional acts, as well as persons to whom such persons holding positions of responsibility have delegated their powers.

Article 124. Person Responsible For A Commercial Or Public Organisation Or Other Nongovernmental Organisation

Persons responsible for a commercial or public organisation or other non-governmental organisation or a sub-division of such an organisation shall mean persons who, by appointment, election or the assignment of a specific task, acquire certain rights or obligations with a view to exercising management functions or acts.

Chapter X Economic offences

Acceptance of illicit rewards for performing public services

(1) An employee of an enterprise, institution or organisation who obtains by extortion an illicit reward in exchange for a service in the fields of commerce, public food supplies, social services, housing administration, public health or a service of another nature, where that service that form part of his professional duties, shall be liable to a fine of 200 times the minimum wage or to between 120 and 180 hours= community service.

(2) Where such actions:

(a) are committed on a repeated basis;

(b) are committed by two or more persons;

(c) have been the cause of significant harm, the person concerned shall be liable to a fine of between 200 and 400 times the minimum wage or to up to two years imprisonment.

Chapter XV Offences Committed By Persons Holding Positions Of Responsibility

Article 234. Taking Bribes

(1) Any person holding a position of responsibility who has demanded or received cash, securities, gifts and presents, other goods or material benefits or who has accepted services or privileges not due to him for performing or delaying an action relating to his professional duties, for doing an act contrary to his duties or for the award of a distinction, a function, a contract of supply or a favourable decision on the part of the authority, shall be liable to a fine of between 1,000 and 3,000 times the minimum wage or between two years= and seven years= imprisonment and in each case shall be disqualified for holding office or exercising an activity for a period of between two years and five years.

(2) Where the above actions

(a) were repeated

(b) were committed by two or more persons;

(c) were accompanied by extortion of the goods and services referred to in paragraph;

(d) involve very significant amounts,

the person concerned shall be liable to a fine of between 3,000 and 5,000 times the minimum wage or to between five and ten years= imprisonment and in each case shall be disqualified for holding office or for exercising an activity for a period of between two years and five years.

(3) Where the acts described in paragraphs (1) and (2) above:

are committed by persons holding positions of high authority and

(a) involve very significant amounts;

(b) are committed in the interest of an organised gang or a criminal association,

the person concerned shall be liable to between seven years’ and fifteen years imprisonment or to a fine of between 1,000 and 3,000 times the minimum wage and shall be disqualified for holding office or exercising an activity for between three and five years.

Article 325. Offering Bribes

(1) Anyone who has corrupted a person holding a position of responsibility by promising or supplying the goods and services set out in Article 324 above and for the purposes referred to therein shall be liable to a fine of between 2,000 and 4,000 times the minimum wage or to between two years’ and five years imprisonment.

(2) Where the above actions

(a) were repeated

(b) were committed by two or more persons;

(c) involve very significant amounts,

the person concerned shall be liable to a fine of between 2,000 and 4,000 times the minimum wage or to between three years’ and seven years imprisonment.

(3) Where the acts described in paragraphs (1) and (2) above:

(a) involve very significant amounts;

are committed in the interest of an organised gang or a criminal association, the person concerned shall be liable to between six years’ and twelve years imprisonment or to a fine of between 1,000 and 2,000 times the minimum wage.

(4) a person who has offered or supplied goods and services will not be criminally liable if those goods and services were extorted from him or if that person has confessed, without knowing that the criminal investigation authorities, the investigating judge or the prosecuting authorities were aware of the offence.

Article 326. Influence Peddling

(1) Any person having or claiming to have influence over a public servant who deliberately accepts or extorts cash, securities or other goods or material benefits or accepts services or promises of goods or material benefits, either personally or through an intermediary, for his own benefit or that of a third party, with a view to having the said public servant perform or fail to perform actions forming part of his duties, shall be liable, regardless of whether or not such actions are performed, to a fine of between 500 and 1,500 times the minimum wage or to between two years’ and five years’ imprisonment.

(2) Where the pressure promised has been brought to bear or the desired result has been achieved and if the actions envisaged in paragraph (1) above:

(a) were committed on a repeated basis;

(b) were committed by two or more persons;

(c) involved significant amounts,

the person concerned shall be liable to a fine of between 1,000 and 3,000 times the minimum wage or to between three years’ and seven years’ imprisonment.

(3) The person concerned shall be liable to a fine of between five years’ and ten years’ imprisonment or to a fine of between 500 and 1,500 times the minimum wage:

(a) where the actions involve values or advantages of a very significant amount; where the offence was committed in the interest of an organised criminal gang or a criminal association.

Article 327. Abuse Of Power Or Of Service

(1) Any person holding a position of responsibility who has used his power in a manner inconsistent with his duties, for private purposes or with other dishonourable intentions shall, if the acts have caused serious harm to the public interest or to the legitimate rights and interests of individuals and legal entities, be liable to a fine of between 150 and 400 times the minimum wage or to up to three years’ imprisonment, in each case with or without disqualification for holding office or exercising and activity for a period of up to five years.

(2) The person concerned shall be liable to a fine of between 500 and 1,000 times the minimum wage or to between three years’ and five years’ imprisonment, and in each case shall be disqualified for holding office or for exercising an activity for a period of up to five years:

(a) where it is a repeat offence;

(b) where the abovementioned actions were committed by a person holding a position of high responsibility;

(c) where the actions entailed serious consequences.

(3) Where the abuse of power or abuse of service was dictated by the interests of a criminal association the person concerned shall be liable to between five years’ and ten years’ imprisonment and shall be disqualified for holding office or for exercising an activity for a period of up to five years.

Article 328. Abuse Of Authority Or Exceeding Responsibilities

(1) Any person holding a position of responsibility who, by committing acts that obviously exceed the limits of his rights or responsibilities under the law, causes substantial damage to the public interest or the legally protected rights and interests of individuals or legal entities shall be liable to a fine of between 150 and 400 times the minimum wage and to up to three years’ imprisonment, in each case with or without disqualification for holding office or for exercising certain activities for a period of up to five years.

(2) If the person responsible for those acts:

(a) has used violence;

(b) has used a firearm;

(c) has used torture or has committed other degrading acts, he shall be liable to between three years’ and five years’ imprisonment and disqualified for holding office or for exercising an activity for a period of between two years and five years.

(3) The penalty shall be between eight years’ and fifteen years’ imprisonment and disqualification for holding office or for exercising an activity for a period of between two years and five years:

(a) where it is a repeated offence;

(d) where the abovementioned actions were committed by a person holding a position of high responsibility;

(e) where the actions were dictated by the interests of an organised criminal gang or a criminal association:

where the actions entailed serious consequences.

Article 330. Acceptance Of Illicit Rewards By A Public Servant

(1) Any public servant or employee of a public institution, enterprise or organisation, with the exception of persons holding positions of responsibility, who has received an illicit reward or certain pecuniary advantages for having performed acts or rendered services in the course of his duties shall be liable to a fine of between 200 and 400 times the minimum wage or to up to three years’ imprisonment, in each case with or without disqualification for holding office or for exercising an activity for a period of up to five years.

(2) Where these acts:

(a) were repeated;

(b) involve significant sums,

the person concerned shall be liable to a fine of between 400 and 1,000 times the minimum wage or to between two years’ and five years’ imprisonment, in each case with or without disqualification for holding office or for exercising an activity for a period of up to five years.

Article 376. Forgery In Public Documents

(1) Any person holding a position of responsibility and any public servant who has written on an official document facts which are manifestly false or who has counterfeited an official document for gain or for other private purposes shall be liable to a penalty of up to 500 times the minimum wage or to up to two years’ imprisonment, in each case with or without disqualification for holding office or from exercising an activity for a period of up to five years.

(2) In the case of a repeated offence, or where the actions:

(a) were committed by a person holding a position of high responsibility;

(b) were committed in the interests of a criminal association,

the person concerned shall be liable to a fine of between 500 and 1,000 times the minimum wage and to between three years’ and seven years’ imprisonment and in each case shall be disqualified for holding office or for exercising an activity for a period of between two years and five years.

Chapter XVI Offences By A Manager Of A Commercial Organisation, A Public Organisation Or Another Nongovernmental Organization

Article 333. Corruption

(1) A manager of a commercial organisation, public organisation or other non-governmental organisation who has received cash, securities, other goods or material benefits or accepted services or privileges to which he is not entitled for doing or refraining from doing any act or for delaying the performance of an act which comes within his duties shall be liable to a fine of between 500 and 1,500 times the minimum wage or to up to five years’ imprisonment and in each case shall be disqualified for holding office or for exercising an activity for a period of up to five years.

(2) Where the abovementioned acts

(a) are repeated;

(b) are committed by two or more persons;

(c) are accompanied by the extortion of the goods and services referred to in paragraph

(d) correspond to significant amounts, the person concerned shall be liable to a fine of between 1,000 and 3,000 times the minimum wage or to between five years’ and ten years’ imprisonment and in each case shall be disqualified for holding office or for exercising an activity for a period of between two years and five years.

Article 334. Incitement to corruption

(1) Any one who corruptly offers an official gifts or presents shall be liable to a fine of between 500 and 1,000 times the minimum wage or to up to three years’ imprisonment.

(2) Where the facts:

(a) were repeated;

(b) were committed by two or more persons;

(c) correspond to significant amounts,

the person concerned shall be liable to a fine of between 1,000 and 2,000 times the minimum wage or to between two years’ and five years’ imprisonment.

(3) The person who has offered or supplied goods and services shall not be criminally liable where the goods and services were extorted or where that person has confessed, not knowing that the criminal investigation authorities, the investigating judge or the prosecution authorities were aware of the offence.

Article 335. Abuse In The Service

(1) A manager of a commercial organisation, public organisation or other non-governmental organisation who has used his professional situation in order to derive a pecuniary advantage or for other private purposes shall, where that fact has caused considerable harm to the public interests or to the legitimate rights and interests of individuals and legal entities, be liable to a fine of between 150 and 400 times the minimum wage or to up to three years’ imprisonment.

(2) A notary, auditor or lawyer who has committed that offence shall be liable to a fine of between 500 and 800 times the minimum wage or to between two years’ and five years’ imprisonment, in each case with or without disqualification for holding office or for exercising an activity for a period of up to five years.

(3) Where an abuse of service;

(a) was dictated by the interests of an organised criminal gang or of a criminal association;

(b) entailed serious consequences,

the person concerned shall be liable to a fine of between 700 and 1,500 times the minimum wage or to between three years’ and five years’ imprisonment and in each case shall be disqualified for holding office or for exercising an activity for a period of between two years and five years.

Article 336. Exceeding The Powers Of The Service

(1) Where the manager of a commercial organisation, a public organisation or another nongovernmental organisation has committed acts that manifestly exceed the rights and powers conferred on him and has thereby caused considerable harm to the public interest or to the legitimate rights and interests of individuals or legal entities he shall be liable to a fine of between 200 and 500 times the minimum wage or to up to two years’ imprisonment, in each case with or without disqualification for holding office or for exercising an activity for a period of up to five years.

(2) A police officer or a detective who has exceeded his powers under the law and used or threatened to use violence shall be liable to a fine of between 300 and 700 times the minimum wage or to up to five years’ imprisonment, and in each case shall be disqualified for holding office or for exercising an activity for a period of up to five years.

(3) Where the person concerned exceeds the powers of the service:

(a) in the interests of an organised criminal gang or a criminal association;

(b) and has thereby caused serious consequences,

he shall be liable to between three years’ and seven years’ imprisonment and disqualified for holding office for a period of between two years and five years.

(Adopted on 24 March 1961, amended on 12 June 2003)

Chapter VIII Offences Committed By Persons Holding Positions Of Responsibility

Article 183: Concept Of Persons Holding Positions Of Responsibility

Persons holding positions of responsibility shall mean persons who, by law, appointment, election or the assignment of a specific task, are assigned certain rights and obligations with a view to exercising the functions of public authority or of enterprises responsible for administrative or organizational activities. Persons holding positions of high responsibility shall mean persons holding positions of responsibility whose method of election or appointment is governed by the Constitution and institutional acts, as well as persons to whom said persons holding positions of responsibility have delegated their powers.

Article 184: Abuse Of Authority

Any person holding a position of responsibility who, by deliberately abusing his authority in breach of his obligations, causes substantial damage to the public interest or the legally protected rights and interests of individuals or legal entities – shall be liable to imprisonment for up to three years or a fine of 30 to 100 times the minimum wage and, in both cases, banned from exercising certain functions or conducting certain activities for a period of up to five years. Any person committing such abuse of authority repeatedly, any person holding a position of high responsibility who abuses his authority or any person committing abuses of authority that have serious consequences – shall be liable to imprisonment for three to eight years and banned from exercising certain functions or conducting certain activities for a period of up to five years. Any person who abuses his authority or service position for the benefit of a criminal organization – shall be liable to imprisonment for five to ten years and banned from exercising certain functions or conducting certain activities for a period of up to five years.

Article 185: Exceeding Authority Or Responsibilities

Any person holding a position of responsibility who, by committing acts that obviously exceed the limits of his rights or responsibilities under the law, causes substantial damage to the public interest or the legally protected rights and interests of individuals or legal entities – shall be liable to imprisonment for up to three years or a fine of 30 to 100 times the minimum wage or dismissed and, in all cases, banned from exercising certain functions or conducting certain activities for a period of up to five years. Any person guilty of exceeding his authority or responsibilities, accompanied by acts of violence, the use of arms, torture or acts that undermine the personal dignity of the injured party – shall be liable to imprisonment for three to ten years and banned from exercising certain functions or conducting certain activities for a period of up to five years. Any person holding a position of high responsibility who repeatedly exceeds his authority or responsibilities or any person who exceeds his authority or responsibilities for the benefit of a criminal organisation or exceeds his authority or responsibilities with serious consequences – shall be liable to imprisonment for five to twelve years and banned from exercising certain functions or conducting certain activities for a period of up to five years.

Article 187: Taking Bribes

Any person holding a position of responsibility who personally, or through intermediaries, takes bribes in the form of cash, securities, other goods or material benefits or accepts services, privileges or benefits for performing or delaying an action on behalf of the bribing party or persons the latter represents, where such action or inaction relates to the professional duties of the person holding a position of responsibility or he is able to contribute to such action or inaction by virtue of his position, or who protects the corrupt party – shall be liable to imprisonment for three to ten years, combined with confiscation of his assets, and banned from exercising certain functions or conducting certain activities for a period of up to five years.

Any person committing the above offences on the basis of prior collusion by a group of individuals, repeatedly, by means of extortion of bribes or on a very large scale – shall be liable to imprisonment for five to fifteen years, combined with confiscation of his assets, and banned from exercising certain functions or conducting certain activities for a period of up to five years. Any person holding a position of high responsibility or having previously been convicted of bribe-taking or having approved bribes for services afforded to a criminal organisation who commits the offences set out in the first two paragraphs of this article – shall be liable to imprisonment for ten to twenty-five years, combined with confiscation of his assets, and banned from exercising certain functions or conducting certain activities for a period of up to five years.

Article 187-1: Complicity In Corruption As An Accessory

Any person guilty of acting as an accessory to corruption – shall be liable to imprisonment for two to eight years. Any person holding a position of high responsibility guilty of acting as an accessory to corruption or any person guilty of acting as an accessory to corruption for the benefit of a criminal organisation, – shall be liable to imprisonment for ten to twenty years, combined with confiscation of his assets. An accessory to corruption or bribe-taking shall not be held criminally liable if he reports his actions without realising that the police or prosecution authorities are aware of the offence he has committed.

Article 188: Active Bribery (Offering Bribes)

Any person guilty of offering bribes – shall be liable to imprisonment for three to eight years. The offering of bribes on a repeated basis or by a person previously convicted of corruption or the offering of bribes on a large scale – shall be subject to imprisonment for seven to fifteen years, combined with confiscation of assets. Any person who offers bribes on a very large scale or for services afforded to a criminal Organization – shall be liable to imprisonment for ten to twenty years, combined with confiscation of his assets. A person who has offered bribes shall not be held criminally liable if the bribes were extorted from him or he reports his actions without realising that the police or prosecution authorities are aware of the offence he has committed.

Article 188-1: Influence Peddling

Any person having or claiming to have influence over a public servant who deliberately accepts orextorts cash, securities or other goods or material benefits or accepts services or promises of goods ormaterial benefits, either personally or through an intermediary, for his own benefit or that of a third party, with a view to having the said public servant perform or fail to perform actions forming part of his duties, shall be liable, regardless of whether or not such actions are performed, to imprisonment for two to eight years, combined with confiscation of his assets.

Any person guilty of these offences, if such are followed by the exercising of the promised influence or the achievement of the desired result, or committed on the basis of prior collusion, by a group of individuals or repeatedly, or involve the receipt of financial or other benefits on a large scale – shall be liable to imprisonment for five to fifteen years, combined with confiscation of his assets. If committed by a person having previously been convicted of similar offences or offering bribes, on a scale involving the receipt of very large financial or other benefits or in the interests of a criminal organisation, the offences set out in the first two paragraphs of this article:

– shall be subject to imprisonment for ten to twenty-five years, combined with confiscation of assets.

Article 189: Forgery Of Official Documents

Forgery of official documents which involves the fraudulent alteration of data in such documents by a person holding a position of responsibility, the preparation and issuing of forged documents or other acts of falsification and causes substantial damage to the public interest or the legally protected rights and interests of individuals or legal entities – shall be subject to imprisonment for up to two years or a fine of up to 100 times the minimum wage, combined, in both cases, with a ban on exercising certain functions or conducting certain activities for a period of up to five years. Any person who repeatedly forges official documents, any person holding a position of high responsibility who forges official documents and any person who forges official documents on behalf of a criminal organization – shall be liable to imprisonment for two to seven years and banned from exercising certain functions or conducting certain activities for a period of up to five years.

Article 189-1: Offences Committed In Connection With The Issuing Of Securities

Any person who includes in prospectuses or other documents on the basis of which securities issues are registered false or misleading information, approves issue prospectuses containing such false or misleading information or approves the results of the relevant issues, where these actions follow the application of an administrative penalty for the same offences or cause investors losses – shall be liable to imprisonment for up to five years or a fine of up to 100 times the minimum wage and banned from exercising certain functions or conducting certain activities involving

securities for a period of up to five years. Any person guilty of committing the above offences repeatedly, on the basis of prior collusion between a group of individuals or of committing the above offences and causing investors substantial losses – shall be liable to imprisonment for three to seven years, combined with confiscation of his assets, and banned from exercising certain functions or conducting certain activities involving securities for a period of two to five years. Any person guilty of committing the above offences and causing investors losses on a large scale – shall be liable to imprisonment for six to fifteen years, combined with confiscation of his assets, and banned from exercising certain functions or conducting certain activities involving securities for a period of up to five years.

Article 189-2: Offences On The Securities Market

Any person guilty of causing losses on a large scale through collusion by players on the securities market for the purpose of unfair trading, fraud or the involvement of other market players in actions of this kind [- shall be liable to imprisonment for up to two years or a fine of up to one hundred times the minimum wage and banned from exercising certain functions or conducting certain activities for a period of up to five years. Any person guilty of committing the above offences repeatedly or causing losses on a very large scale through such offences] – shall be liable to imprisonment for three to seven years and banned from exercising certain functions or conducting certain activities for a period of two to five years.

Article 189-3: Acceptance Of Illicit Rewards By Public Servants

Any servant of a public authority or other state institution, enterprise or organisation not holding a position of responsibility who accepts illicit rewards or material benefits from citizens for performing certain actions or providing services that form part of his official duties – shall be liable to imprisonment for up to two years or a fine of up to 50 times the minimum wage and, in both cases, banned from exercising certain functions or conducting certain activities for a period of two to five years.

Article 189-4: Failure By Persons Holding Positions Of Responsibility To Comply With The Provisions Of The Act On Combating Corruption And Nepotism

Managers of public authorities who deliberately fail to take the necessary measures with regard to subordinates guilty of acts of corruption or nepotism committed repeatedly over a period of one year following the application of administrative sanctions for the same offence – shall be liable to a fine of twenty-five to fifty times the minimum wage and dismissed from their posts.

Police Background Check Procedures

Who can apply?

• Nationals and overseas may apply.
• Third party representatives may apply with written consent of subject and a power of attorney, certified by a notary.

Where?

• Local applicants must apply in person only to the Department of Information and Operational Records or any territorial police department.

• Overseas applicants must apply through the Moldovan embassy in London.

What must the applicant supply?

The applicant must obtain a hard copy of the disclosure form from the office/embassy and supply:
• Full name
• Date of Birth
• Place of birth
• Registered address
• Last Moldovan address (overseas applicants only)
• Must be collected in person.
What are the costs / turnaround times?
Local applicants:
• Standard: MDL 30 (approx. GBP£ 1.80) with 10 wor
king days turnaround.
• Fast Track: MDL 60 (approx. GBP£ 3.70) with 1 working day turnaround.
• Payment by bank transfer only in Moldovan currency. Authorised banks are Victoriabank and Banca de Economii.
Overseas applicants:
• Consult the Moldovan embassy for fees and turnaround time.

Contact Details

Internal applicants:
Ministry of Internal Affairs
Department of Information and Operational
Records
3 Iacob Hincu St.
Chisinau
Moldova
Tel: (+373) 22 255 155
Fax: (+373) 22 224 546
Website: http://www.gov.md/map.php?l=en&idc=526
(Moldovan and Russian only)
Overseas applicants:
Embassy of the Republic of Moldova
5 Dolphin Square
Edensor Road
London W4 2ST
Tel: (+44) 020 8995 6818
Fax: (+44) 020 8995 6927
Email: mail@moldovanembassy.org.uk

Moldova – Know Your Customer (KYC) Rules

Moldova is not considered a regional financial center. The Government of Moldova (GOM) monitors money flows throughout the country, but does not exercise control over its breakaway region of Transnistria. Transnistrian authorities do not adhere to GOM financial controls and accepted anti-money laundering norms, and maintain a banking system independent of and not licensed by the National Bank of Moldova. Criminal proceeds laundered in Moldova derive substantially from tax evasion, contraband smuggling, and corruption. Money laundering has occurred in the banking system and in exchange houses, along with offshore financial centers in Transnistria. Fifteen banks constitute the Moldovan financial system. Neither offshore banks nor shell companies are permitted to operate in Moldova. Internet gaming sites do exist, although no statistics are available on the number of sites in operation. Internet gaming comes under the same set of regulations as domestic casinos. Enforcement of the regulations is sporadic.

Moldova contains six free trade zones (FTZs), some of which are infrequently used. Reportedly, goods from abroad are sometimes imported into the FTZ and then resold and exported to other countries with documentation indicating Moldovan origin. Companies operating in FTZs are subject to inspections, controls, and investigations by inspectors from the Customs Service and the Center for Combating Economic Crime and Corruption.

KNOW-YOUR-CUSTOMER (KYC) RULES:

Enhanced due diligence procedures for PEPs:

A PEP is an abbreviation for Politically Exposed Person, a term that describes a person who has been entrusted with a prominent public function, or an individual who is closely related to such a person. The terms PEP, Politically Exposed Person and Senior Foreign Political Figure are often used interchangeably

    • Foreign PEP: YES
    • Domestic PEP: YES

Moldova – KYC covered entities

The following is a list of Know Your Customer entities covered by Moldovan Law:

    • Banks
    • Currency exchange offices
    • Investment funds
    • Investment management companies
    • Deposit companies
    • Fiduciary companies
    • Securities dealers
    • Stock exchange companies
    • Brokers
    • Insurance and reinsurance companies
    • Company formation agents and ownership registries
    • Gaming and lottery organizers and institutions (including Internet casinos)
    • Real estate agents
    • Dealers of precious metals or gems
    • Auditors
    • Accountants
    • Financial consultants
    • Investment or fiduciary service providers
    • Lawyers
    • Notaries
    • Organizations which provide postal and telephone mandate exchange or transfer of resource services

Moldova – Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: 215,214 from January to October 2011

Number of CTRs received and time frame: 16,480 from January to October 2011

The following is a list of STR covered entities covered by Moldovan Law:

    • Banks
    • Currency exchange offices
    • Investment funds
    • Investment management companies
    • Deposit companies
    • Fiduciary companies
    • Securities dealers
    • Stock exchange companies
    • Brokers
    • Insurance and reinsurance companies
    • Company formation agents and ownership registries
    • Gaming and lottery organizers and institutions (including Internet casinos)
    • Real estate agents
    • Dealers of precious metals or gems
    • Auditors
    • Accountants
    • Financial consultants
    • Investment or fiduciary service providers
    • Lawyers
    • Notaries
    • Organizations which provide postal and telephone mandate exchange or transfer of resource services

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:

Prosecutions: Seven from January to October 2011
Convictions: Eight from January to October 2011

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

Moldova has made some progress in instituting a legal framework for combating money laundering that is consistent with international standards. However, in November 2010, the Constitutional Court struck down some of the most relevant provisions of the anti-money laundering law. Specifically, the Court invalidated the provisions of the law enabling the Financial Intelligence Unit (FIU) to collect STRs and temporarily freeze accounts suspected of involvement in illegal activity. The GOM reacted by issuing a decision re-establishing the requirement for financial institutions to report STRs to the FIU.

In addition, on April 7, 2011, Moldova‘s parliament enacted amendments to the anti-money laundering law which defines the STR reporting obligations according to international standards, sets an equivalent $10,000 threshold for reporting cash transactions, provides additional autonomy for the FIU, and regulates the FIU‘s ability to freeze accounts involved in suspicious transactions. The enactment of the anti-money laundering amendments has had a positive impact on the FIU‘s institutional development. In addition, the FIU increased its operational capacity by securing electronic access to more governmental databases.

Moldova should continue to review and amend the criminal procedure code to institute non-conviction based confiscation and to permit special investigative techniques to be applied to a wider range of offenses associated with money laundering and terrorist financing. Additionally, the GOM should criminalize tipping off.

Risk

Sovereign risk

A fall in reserves, linked to regional currency weakness, and the re-emergence of serious problems in the banking sector, have raised sovereign risk since The Economist Intelligence Unit’s previous ratings report in October. The economy will slow sharply this year as Russia enters recession, and the new government may loosen fiscal policy. Risks include continuing poor governance in the banking sector and the chance of a worse than expected recession in Russia.

Banking sector risk

Banca de Economii (BEM), Banca Sociala and Unibank, which account for about one-third of bank assets, are all are now under special administration, following large dubious transactions that saw foreign currency flow out of the country in late 2014. As a result, we have reduced the rating for the sector to CCC, from B. An inability to restore public confidence in the banks could further damage the strength of the financial system and Moldova’s growth prospects.

Political risk

A new cabinet was finally approved in mid-February 2015, more than two and a half months after the contentious parliamentary election in November 2014. The new cabinet was formed with support from the ideologically incompatible Party of Communists of the Republic of Moldova (PCRM). Reliance on the PCRM is likely to hobble the new administration’s policy programme.

Economic structure risk

The economic structure risk score is restrained by large current-account deficits and by vulnerability to external shocks, as reflected currently by the adverse impact of the recession in Russia on Moldova’s external accounts and economy.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The Government of Canada takes the safety and security of Canadians abroad very seriously and provides credible and timely information in its Travel Advice. In the event of a crisis situation that requires evacuation, the Government of Canada’s policy is to provide safe transportation to the closest safe location. The Government of Canada will assist you in leaving a country or a region as a last resort, when all means of commercial or personal transportation have been exhausted. This service is provided on a cost-recovery basis. Onward travel is at your personal expense. Situations vary from one location to another, and there may be constraints on government resources that will limit the ability of the Government of Canada to provide assistance, particularly in countries or regions where the potential for violent conflict or political instability is high.

Transnistria (see Regional Advisory)

Transnistria is not under Moldovan government control and the security situation is unstable and unpredictable. There are frequent checkpoints. As there is no Canadian government office in Moldova, Canadian officials may not be in a position to provide consular assistance to Canadians in this region.

Crime

Petty crime such as pickpocketing and purse snatching occurs, particularly in the capital, Chişinău. Theft on trains and from hotel rooms is common. Violent crime can occur as well. Do not travel alone after dark.

Organized crime

Organized crime is widespread. Criminal groups are active in casinos and nightclubs and are involved in prostitution.

Fraud & scams

Exercise caution when using automated banking machines (ABMs). Personal identification numbers have been stolen, and some travellers have reported unauthorized withdrawals from their accounts after using ABMs.

Beware of Internet fraud and scams, which can range from product purchases to Internet romances. Incidents of police requesting a bribe have been reported. While you may be delayed if you refuse to pay the bribe, there have been few reports of problems beyond inconvenience. Report any such incident to the Embassy of Canada to Romania in Bucharest.

See our Overseas Fraud page for more information on scams abroad.

Road travel

Roads are poorly maintained and rarely lit. Avoid driving after dark. Accidents are common and often involve drunk drivers. Be aware of farm vehicles, livestock and other hazards.

Be cautious when crossing streets, as drivers do not always give pedestrians the right of way.

Public Transportation

Arrange to be met at the airport or use officially marked taxis. Do not share taxis with strangers. Establish a rate or a fixed price before starting the journey to avoid excessive fees.

Train and bus service is below Western standards. Trains are often unheated and prone to cancellation. Some travellers have reported theft on trains. Do not leave your compartment unattended, and ensure that the door is secured from the inside. Theft on buses has also been reported.

See Transportation Safety in order to verify if national airlines meet safety standards.

Demonstrations

Demonstrations occur and have the potential to suddenly turn violent. Avoid all demonstrations and large gatherings, follow the advice of local authorities and monitor local media.

Spiked food and drinks

Never leave food or drinks unattended or in the care of strangers. Be wary of accepting snacks, beverages, gum or cigarettes from new acquaintances, as the items may contain drugs that could put you at risk of sexual assault and robbery.

General safety information

Exercise normal safety precautions. Ensure that your personal belongings and passport and other travel documents are secure at all times. Avoid showing signs of affluence and carrying large sums of cash.

Always carry adequate identification, as police are entitled to request it at any time. Keep a photocopy of your passport in case of loss or seizure.

Emergency services

Dial 902 for police, 901 for fire fighters and 903 for an ambulance. Most dispatchers speak only Romanian or Russian.

Annual Cases

Budget Autonomy No
Annual Budget of the Agency US $ 4.27 Million
Per Capital Expenditure US $ 0.99
Expeniture as % of the GDP 0.04 %
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? No
Does your country have freedom of information legislation? Yes
Does your country have conflict of interest legislation? Yes
Does your country have a financial disclosure system to help prevent conflicts of interest? Yes
Who appoints the head of your agency? The Government
Who has the authority to remove the head of the ACA? The Government
Is there any term limit for the head of the ACA? Yes , he/she is appointed for a mandate of four years .
Does your agency measure performance? Yes
Number of investigations launched
Full access to Government Yes

Address Format

RECIPIENT
STREET_TYPE STREET_NAME HOUSE_NUMBER [, [BUILDING] [FLOOR] [APARTMENT]
POSTAL_CODE LOCALITY
REPUBLIC OF MOLDOVA

Sample

VLADIMIR DABIJA
STR. ALBIŞOARA 38 APT 1
MD-2005 CHIŞINĂU
REPUBLIC OF MOLDOVA

TOP
Translate »

Subscribe For Latest Updates

You will receive interesting updates about Background Screening

We will not leak your personal information