(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:
b) observance of basic human rights and freedoms;
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.<