Legal Update 2013 - Business Lawyers Moldova

APROVED

by Decision of the National Bank of Moldova Council of administration

16.12.1999 (OM no.10-11 of 27.01.2000)

1. GENERAL DISPOSITIONS

1.1.Basis. The Regulation on cash checkbook use has been worked out pursuant to Art. 5,11,26,48 of the Law on the National Bank of Moldova no.548-XIII of July 21, 1995.

1.2.Destination. This Regulation determines the compulsory elements and the cash checkbook

use.

1.3.Application. The provisions of this Regulation shall be compulsorily applied:

a) at the issue of cash checkbooks;

b) at the issue by the National Bank of Moldova of cash based on the cash check to its clients;

c) at the issue by banks of cash from the accounts of the holders of bank accounts based on

the check from the cash checkbook.

[p. 1.3 modfiied by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

[p. 1.3 modified by the Decision of the Council of Administration of the NBM no. 380 of 15.12.2005]

1.4. Terms used:

The check from the cash checkbook (see Attachment 1) represents a payment instrument through which the check issuer instructs the bank to issue a certain amount of cash money to the mandatory indicated in the check or to the issuer himself/herself. The check shall be filled in on a pattern form of primary document with special record regime, maintenance and use, which is a leaf from cash checkbook.

The check issuer is the legal or physical person practicing entrepreneurial activity and issuing

the cash check. Check issuing represents the check filling in by hand and authentification by the issuer.

The mandatory of the issuer is the person authorized by the issuer to present the cash check to the bank and to receive the amount indicated in the check. The person authorized by the issuer must be the issuer’s employee.

Holder of the bank account is the legal or physical person practicing entrepreneurial activity and on whose name the bank account is opened.

Primary distribution of cash checkbooks by the National Bank of Moldova represents the delivery against payment of cash checkbooks to banks upon their request in order to meet the needs of the holder of the bank account.

The National Bank is the only institution of the Republic of Moldova authorized to print and ensure the primary distribution of cash checkbooks to banks.

[p. 1.4 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

[p. 1.4 modified by the Decision of the Council of Administration of the NBM no. 380 din 15.12.2005]

2. PRIMARY DISTRIBUTION OF CASH CHECKBOOKS

BY THE NATIONAL BANK OF MOLDOVA

2.1 The primary distribution of cash checkbooks by the National Bank of Moldova to banks (to be further distributed to the holders of bank accounts opened with the bank) shall be performed upon their request based on a letter bearing the following: the name of the bank, date and registration number, date of cash checkbooks receipt, signatures of persons vested with the right of the first and second signatures and the round stamp of the bank according to the specimens of signatures and the stamp mark.

[p. 2.1 modified by the Decision of the Council of Administration of the NBM no. 380 of 15.12.2005]

2.1.1. The responsible officer of the accounting department of the National Bank of Moldova, after having verified the veracity and the correctness of the letter, shall conclude the invoice form, according to which the bank shall pay for the requested cash checkbooks. The invoice shall be concluded in two copies and authentified with the signatures of authorized persons and the round stamp of the National Bank of Moldova, applied on the first copy of the invoice. The first copy of the invoice shall be submitted to the bank to pay off the indicated amount.

The second copy and the letter shall be kept with the responsible accountant of the National Bank of Moldova up to the moment the bank pays for the cash checkbooks and on the day of the payment for the cash checkbooks it shall be sewn in the file with the documents of the operational day according to the file classified list.

[p. 2.1.1. modified by the Decision of the Council of Administration of the NBM no.380 of 15.12.2005]

2.1.2 On the day of money means registration on the account of the National Bank of Moldova

the accountant of the National Bank of Moldova shall indicate the payment, the date and the signature

on the letter of the bank as a confirmation of the payment performance and shall subsequently send the

letter to the Treasury and Vault Operations Division.

[p. 2.1.2 modified by the Decision of the Council of Administration of the NBM no.380 of 15.12.2005]

2.2 The cash checkbooks shall be issued based on the letter from the bank to the bank’s authorized person, through the “Authorization” – pattern form M-2, approved by the Joint Order of the Department of Statistics of the Republic of Moldova and the Ministry of Finance of the Republic of Moldova no.24/36 of March 25, 1998.

The authorization must be authenticated by the signatures of the persons vested with the right of first and second signatures and the bank’s round stamp, which shall comply with the specimens as by the List of specimen of signatures and of the round stamp kept with the National Bank of Moldova.

[p. 2.2 modified by the Decision of the Council of Administration of the NBM no. 380 of 15.12.2005]

2.2.1. Based on the letter of the bank and on the related banking documents received from the NBM responsible accountant, as well as on the authorization presented by the bank’s authorized person, the Treasury and Vault Operations Division shall carry out the following operations:

a) verification of the identity of the bank’s authorized person, indicated on the submitted

authorization containing the data of the identity card;

b) filling in the form “Letter for cash checkbooks provision” (Attachment 3) in two copies, authentified by signatures of the authorized persons of the National Bank of Moldova, indicating the bank’s name and code, the date of provision, name and surname of the bank’s authorized person, series, numbers of cash checkbooks (from no._____ to no._____ ), the number of cash checkbooks in the series, total number of cash checkbooks: the first copy of the “Letter for cash checkbooks provision” shall be sewn in the file with the documents of the day of the Treasury and Vault Operations Division; the second copy shall be handed over to the bank’s authorized person;

c) filling in and issuing of the “Permission of values taking out from the National Bank of

Moldova”.

The bank’s authorized person shall verify the correspondence of data (numbers) of cash checkbook in the presence of the cashier of the National Bank of Moldova and shall, subsequently, sign both copies of the “Letter for cash checkbooks provision”. The cash checkbooks purchased from the National Bank of Moldova shall be reflected in the bank’s bookkeeping on the same operational day and shall be stored within its treasury, pursuant to the provisions set out by the normative acts in force.

[p. 2 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

3. DISTRIBUTION OF CASH CHECKBOOKS

BY COMMERCIAL BANKS

[Title of p.3 in the wording of the Decision of the Council of Administration no.184 of 31.07.2002]

3.1. The distribution of cash checkbooks by banks to the holders of bank accounts shall be carried out based on their request (see Attachment 2).

The territorial treasuries shall get the number of cash checkbooks necessary for the respective public institutions’ service from the bank they are served by based on their request (see Attachment 2).

[p.3.1 modified by the Decision of the Council d Administration of the NBM no.184 of 31.07.2002]

3.2. The cash checkbooks shall be issued by the bank to the holder of the bank account or to the person authorized by him/her based on the request of the cash checkbook receipt (Attachment 2) enclosing the copy of the identity card of the holder of the bank account or of the authorized person.

The request of cash checkbooks receipt shall be worked out in one copy and shall be certified by the signatures of persons vested with the right of the first and second signature and the round stamp of the holder of the bank account in compliance with the specimens from the List of specimen of signatures and of the round stamp kept with the bank.

[p. 3.2 modified by the Decision of the Council of Administration of the NBM no.6 of 16.01.2003]

[p. 3.2 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

[p. 3.2 modified by the Decision of the Council of Administration of the NBM no.380 of 15.12.2005]

3.3. After the request of the holder of the bank account was approved by the manager and the chief-accountant of the bank, the cashier shall hand over the cash checkbooks to the responsible accountant of the bank.

Upon the receipt of cash checkbooks from the cash department, the responsible accountant of the bank shall perform the following:

a) verification of the compliance and the presence of the number of check forms in the checkbook;

b) verification of the sequence of numbers of the check forms from the checkbook;

c) filling in the cover of the cash checkbook (see Attachment 1) under columns “series”, “from no.”, “to no. ”, “account no.” The following data, accordingly: series, number of the first check form from the checkbook, number of the last check form from the checkbook and number of the bank account of the holder of the account opened with the given bank;

d) entering the name of the holder of the bank account, complete legal address according to the list of specimen of signatures and of the round stamp, and in compliance with the registration certificate issued according to the provisions of the laws in force on the front of each check in the top left corner, under the name and the acronym of the National Bank of Moldova within the space marked by two dotted lines, of which the first line lies over the inscription “(name of the check issuer)”;

e) application of the bank’s rectangular stamp on the checkbook cover within the space marked by dotted line, under which the inscription (“space for the stamp of the bank”) is printed and on each separate check within the space marked by dotted line, under which the inscription (“stamp of the bank”) is printed. The rectangular stamp of the bank must contain the following data: name, code and legal address;

f) filling in the account number, fiscal code of the holder of the bank account, as well as the

bank’s code on the front of each check, accordingly, in the top right corner within the spaces marked

by continuous lines, under which the inscriptions “(account no.)”, “(fiscal code)”, “(bank’s code)” are

printed and registering the cash checkbook into the list of specimen of signatures and of the round stamp of the holder of the bank account;

g) handing over the cash checkbooks to the cashier to be issued to the person authorized by the holder of the bank account.

Upon the receipt of the cash checkbooks from the responsible accountant, the cashier shall verify the identity of the holder of the bank account or of the person authorized by the holder of the bank account, to whom the cash checkbooks are issued against the signature on the request and shall

apply own signature on the request form, which, subsequently, is sewn in the file with the cash department’s documents of the operational day.

[paragraph 3 of p.3.3 modifed by the Decision of the Council of Administration of the NBM no.6 of 16.01.2003]

Upon the receipt of the cash checkbooks, the person authorized by the holder of the bank account shall verify the compliance of data (numbers) of cash checkbooks in the presence of the bank’s cashier.

[p. 3.3 in the wording of the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

4. REQUIREMENTS RELATED TO THE CASH CHECKBOOK’S CHECK

FILING IN AND USE BY THE ISSUER

[Title of p.4 in the wording of the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

4.1. The check shall be filled in strictly according to the provisions of this Regulation.

4.2. The check shall be hand-written and signed by the issuer in blue or black ink only. The text

of the check shall not be rectified or erased.

4.3. Upon the check issue it is necessary to strictly observe the sequence of cash checkbook’s

forms.

4.4. The check shall be cut out from the cash checkbook only after issuance.

4.5. The working life of the check is 10 working days. The date of issue shall not be taken into

consideration.

4.6 In case an error was committed upon the check issuance, the check form shall be considered void. The void check form shall be kept in the cash checkbook. The issuer shall write ”Void” corner wise on the void check form, indicating the date and applying the signature.

4.7 In case of a new fiscal code assignment or the round stamp change of the issuer, the cash checkbook shall be returned according to the provisions under p.4.39 of this Regulation and a new cash checkbook shall be issued.

[p. 4.7 modifed by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

[p. 4.7 modifed by the Decision of the Council of Administration of the NBM no.380 of 15.12.2005]

[Pts. 4.8, 4.9 are excluded by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

4.10 The special marking following the inscription “Amount in lei” is meant to filling in the amount in figures. The space for entering the amount in figures is provided with separators of number order and separator for decimal figures. The amount in figures shall be aligned to the right, while the remaining clear space shall be cut up by the issuer with two continuous lines to avoid frauds.

The spaces marked by continuous lines, under which the inscriptions ”(place of issue)”,

“(date)”, ”(month with letters)”, ”(year)” are printed, shall be filled in by the issuer with the place of the check issue, the issue date, month and year.

4.11 The name and the surname of the check issuer’s mandatory shall be entered according to the identity card data in the space marked by a rectangle following the inscription “Pay” on the line under which the inscription “(name, surname of the manadatory)” is printed.

[p. 4.11 completed by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

4.12 The check issuer shall enter the amount in words starting with a capital letter and aligning to the left of the space followed by the word “lei”, the amount of bani in figures and the word “bani” without being separated in the space marked by a rectangle containing the inscription “amount in words”. The vacant space following the word “bani” shall be cut up with two continuous lines.

4.13 In the space marked by a rectangle containing the inscription “Signatures of the issuer” followed by two continuous lines on which the first and the second signatures of the check issuer or of the fund manager shall be applied according to the list of specimen of signatures and of the round stamp.

4.14 The inscription “Stamp of the issuer” indicates the place of the check issuer’s round stamp application which must correspond to the specimen of the list of specimen of signatures and of the round stamp handed over to the bank. The issuer shall apply the stamp only after having filled in all the check’s elements (on the front and back sides), and verified them and after the check has been signed by the responsible persons.

4.15 The round stamp of the fund manager shall be applied by the fund manager at the issue of the check from the cash checkbook for the cash receipt on the inscription “Stamp of the issuer” and shall correspond to the specimen of the list of specimen of signatures and of the round stamp handed over to the bank. The stamp shall be applied by the fund manager only after all check’s elements have been filled in (on the front and back sides), and verified and after the check has been signed by responsible persons.

C H E C K S T U B :

4.16 The check stub elements shall be filled in at the same time with the check filling in.

4.17 The special marking following the inscription “Amount in lei” shall be filled in with the amount in figures. Separators of number order and a separator for decimal figures are provided for the space assigned for entering the amount in figures. The amount in figures shall be aligned to the right, while the vacant space shall be cut up by the issuer with two continuous lines to avoid frauds.

4.18 The vacant space above the continuous lines, under which the inscriptions “(date)”, ”(month with lettres)”, ”(year)” are printed, shall be filled in by the issuer with the check issue date, month and year.

4.19 The vacant space above the continuous line, under which the inscription “(name and surname)” is printed, shall be filled in by the issuer with the name and the surname of the check issuer’s mandatory according to the identity card data.

[p. 4.19 completed by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

4.20 The space marked by two continuous lines under the inscription ”Signatures of the issuer” is provided for the first and the second signature according to the list of specimen of signatures and of the round stamp of the issuer.

4.21 Upon the issue of the check from the cash checkbook for the cash receipt by the fund manager, the space marked by two continuous lines under the inscription ”(signatures of the issuer)” is provided for the first and the second signature of the fund manager according to the list of specimen of signatures and of the round stamp handed over to the bank.

4.22 The check issuer’s mandatory shall apply his/her own signature to confirm the receipt of the check from the issuer under the inscription “Signature of the mandatory for the check receipt” in the space marked by one continuous line, under which the inscription “(signature)” is printed.

[p. 4.22 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

4.23 The issuer’s mandatory shall fill in the space marked by continuous lines, under which the inscriptions “(date)”, ”(month with letters)”, ”(year)” are printed, with the date, the month and the year of the check receipt from the issuer.

C H E C K B A C K :

4.24 The space marked by three continuous lines, with the inscription “(name of the public institution)” under the first line, shall be filled in by public institutions served by territorial treasuries or the fund depositary according to the registration certificate.

4.25 The first and the second signature of authorized persons of the public institution, the fund

depositary, acccording to the list of specimen of signatures and of the round stamp shall be applied in

the space marked by two continuous lines under the inscription “Authorized signatures”.

4.26 The round stamp of the public institution served by the territorial treasury or the fund

depositary shall be applied on the inscdription “Stamp of the public institution“.

4.27 Columns “Symbol” and “Purpose of the payment (for legal persons)/ Units, notes (for

banks)”, Amount (lei), “Art”, “Para” shall be filled in by the issuer according to the provisions of

normative acts in force.

4.28 The space marked by a rectangle with the inscription "Signatures of issuer” shall be filled in with the first and the second signature according to the list of specimen of signatures and of the round stamp of the issuer.

4.29 As a confirmation of cash receipt, following the inscriptuion ”Received the amount indicated on the check”, the mandatory of the issuer shall enter his/her surname and sign above the inscription “Signature”.

4.30 The data of the identity card: type of the identity document, series, number, name of the issuing institution, date, month, year and place of issue are entered by the check issuer into the spaces marked by continuous lines following the inscription “Data related to the identification of the issuer’s mandatory”, after the inscriptions “Presented”, ”Series”, “No.”, “Issued by”, “Place of issue”.

[p.4.30 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

4.31 The bank’s officer who has verified the check shall apply his/her signature in the space

marked by continuous line following the inscription ”Verified controller” below the inscription

“Disposition of the bank”.

[p. 4.31 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

4.32 The space marked by three continuous lines following the inscription “To be paid”, under which the inscriptions “(date)”, “(month with letters)”, “(year)” are printed, shall be filled in by the responsible accountant with date, month, year of the check payment. The accountant responsible for the cash check verification shall apply as confirmation his/her signature in the space marked by a continuous line following the inscription “Responsible accountant”.

4.33 The space marked by a continuous line following the inscription “Paid to cashier” shall be

filled in with the signature of the cashier who issued the cash money.

4.34 The back of the check stub marked by a continuous line following the inscription “no.”

from under the inscription “Collection order” shall be filled in with the number of the order of

collection in the issuer’s cash office.

4.35 The space following the inscription “from”, marked by three continuous lines, under which the inscriptions “(date)”, “(month with letters)”, “(year)” are printed, shall be filled in with the date of conclusion of the order of collection in the issuer’s cash office.

4.36 The space marked by a continuous line under the inscription “Chief-accountant” shall be filled in with the signature of the chief-accountant of the check issuer as confrimation of cash receipt in the issuer’s cash office.

4.37 The check issuer is obliged to keep the stubs of used checks, void checks and unused checks according to the provisions of normative acts in force.

[p. 4.37 modified by the Decision of the Council of Administration of the NBM no. 380 of 15.12.2005]

4.38 In case of closing the bank account or of a receipt of a new cash checkbook, the holder of the bank account must return to the bank the cash checkbook attached to the request on cash checkbook return (Attachment 4), where the numbers of unused (void, blank) checks are indicated. The checkbook shall contain all the stubs of used checks, as well as all unused (void, blank) checks with their stubs.

[p..4.38 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

4.39 After having verified the veracity and the correctness of the request of the holder of the

bank account conclusion related to the cash checkbook return, the bank’s responsible officer:

a) shall verify the availability of the unused (void, blank) checks, as well as of all the stubs of

used, unused (void, blank) checks, shall collate them with the request data and confirm their compliance by his/her own signature;

b) shall cancel the unused checks from the cash checkbooks cutting out with triangles the places for signatures, after which shall return to the issuer of the check the stubs of used checks, while the cash checkbook with unused checks is sewn in the file with the documents of the day attached to the request;

c) shall enter the date of cash checkbook return and the account closing date into the list of

specimen of signatures and of the round stamp.

[p. 4.39 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

4.40. In case of check loss from the cash checkbook, the issuer (the issuer’s mandatory) must immediately notify the paying bank, indicating the check’s number, series and the issue date of the check or of the cash checkbook.

Based on the information received, the paying bank shall stop the issue of cash from the account of the issuer. The lost cash check shall be registered into a special register.

[p.4.40 modified by the Decision of the Council of Administration of the NBM no.184 of 31.07.200]

[p. 4.40 modified by the Decision of the Council of Administration of the NBM no.380 of 15.12.2005]

5. ISSUANCE OF CASH BASED ON THE CASH CHECK

FROM THE BANK ACCOUNT OF CHECK ISSUER

[Title of p.5 in the wording of the Decision of the Council of Administration of the NBM no.184 of 31.07.2002]

5.1. The primary conditions of check examining and receiving for execution by the bank are as follows:

a) the existence of sufficient available money means on the account of the check issuer for the issuance of the cash amount;

b) the check effective validity term;

c) the availability of the payment document related to mandatory payments transfer as in accordance with the provisions of the normative acts in force.

d) the availability of the identity card and of the copy of the identity card of the issuer’s mandatory or of the issuer (in case the cash is issued to the issuer himself/herself);

[p. 5.1 modified by the Decsion of the Council of Administration of the NBM no.6 of 16.01.2003]

[pct. 5.1 modified by the Decsion of the Council of Administration of the NBM no.184 of 31.07.2002]

5.2. If the primary conditions are met, the bank officer shall verify:

a) the check safety features;

b) the correctness of the check conclusion according to the provisions of this Regulation;

c) the legality of cash destination requested as in accordance with the normative acts in force;

d) the correspondence of the amount written in words with the amount in figures;

e) the identity of the issuer’s signatures and of the round stamp, and, in case of investment funds

and depositary, with those from the list of specimen of signatures and of the round stamp kept with the

bank;

f) the correspondence of data related to the identity of the issuer’s mandatory or of the issuer (in,.case the cash is issued to the issuer himself/herself) indicated on the check with data of the identity card and shall apply as confirmation his/her signature on the copy of the identity card in the presence of the mandatory or of the issuer;

[p. 5.2 modified by the Decsion of the Council of Administration of the NBM no.6 of 16.01.2003]

[p. 5.2 modified by the Decsion of the Council of Administration of the NBM no.184 of 31.07.2002]

[p. 5.2 completed by the Decsion of the Council of Administration of the NBM no. 380 of 15.12.2005]

5.3 Afterf having verified the data, the bank officer:

a) shall apply the signature on the line following the inscription "Verified Controller";

b) shall register the check in the cash expense register, which is verified at the end of the

operational day in common with the cashier responsible of cash issuance;

c) shall pass the check and the copy of the identity card of the issuer’s mandatory or of the issuer himself/herself (in case the cash is issued to the issuer) to be verified by the responsible officer with the right of signature for the cash issuance;

[p. 5.3 modified by the Decsion of the Council of Administration of the NBM no.6 of 16.01.2003]

[p.5.3 modified by the Decsion of the Council of Administration of the NBM no.184 of 31.07.2002]

5.4 The officer with the right of signature:

a) shall verify the correctness of the check filling in according to the provisions of this

Regulation, the correspondence of the copy of the identity card to the original, as well as the registration of the check into the cash expense register;

b) shall verify the legality of the cash destination requested according to the normative acts in force, and indicate the data of check payment;

c) shall apply the signature on the line following the inscription "Responsible accountant";

d) shall pass internally the check and the copy of the identity card of the issuer’s mandatory or of

the issuer (in case the cash is issued to the issuer himself/herself) to the payment vault.

[p. 5.4 modified by the Decsion of the Council of Administration of the NBM no.6 of 16.01.2003]

[p. 5.4 modified by the Decsion of the Council of Administration of the NBM no. 380 of 15.12.2005]

5.5 The issuance of cash by the bank to the holders of bank accounts shall be carried out as in accordance with the provisions under p.5 of this Regulation and of the Regulation on cash operations within the banks of the Republic of Moldova, approved by the Decision of CA of NBM no.47 of February 25, 2000, with further modifications and completions, the Instruction on the way of conclusion of the Statistic Report on the volume of cash operations at the financial institutions of the Republic of Moldova, form no.01006/1, no.44, approved by the Decision of CA of NBM no. 31 of August 26, 1997 and other normative acts in force.

[p. 5.5 modified by the Decsion of the Council of Administration of the NBM no.184 of 31.07.2002]

[p. 5.5 modified by the Decsion of the Council of Administration of the NBM no. 380 of 15.12.2005]

6. FINAL DISPOSITIONS

6.1 This Regulation enters into force on March 1, 2000.

6.2 Starting with the day of this Regulation enforcement the use of cash checkbooks of the USSR state bank shall be banned.

Order of the Government of the Republic of Moldova from August 7, 2013 of No. 574

About the private and state partnership for services of the dialysis

Based on Items and), b) and e) Articles 11 of the Law No. 179-XVI from July 10, 2008 about the private and state partnership (The official monitor of the Republic of Moldova, 2008, No.165-166, Art. 605), with subsequent changes and amendments, the Law No. 411-XIII from March 28, 1995 about health protection (The official monitor of the Republic of Moldova, 1995, No. 34, Art. 373), with subsequent changes and amendments, and according to the Order of the Government No. 424 from June 6, 2012. "About approval of services of the dialysis for the private and state partnership" (The official monitor of the Republic of Moldova, 2012, No. 126-129, Art. 462) the Government decides:

To offer for the private and state partnership of service of the dialysis, provided by dialysis divisions (centers) in public medico-sanitary organizations.
To approve the purposes and conditions of the private and state partnership for services of the dialysis, and also general requirements to selection of the private partner it (is applied).
To the Ministry of Health in coordination with bodies of local public authority to provide proper carrying out procedure of the choice of the private partner in compliance with Regulations on standard procedures and general terms of selection of the private partner, the approved Order of the Government No. 476 from July 4 2012г., to conclude the agreement on the private and state partnership, and also to perform monitoring of its implementation.
The national company of medical insurance annually to conclude the service provision agreement of the dialysis within compulsory medical insurance.
To recommend to Kishineu's Local government board, Local government board of Belts, People's assembly of Gagauzia and regional councils Kakhul, Ungen, Edinets, Droky, Forty and Keushen to consider feasibility of decision making about participation in the project of the private and state partnership for services in the dialysis in the corresponding administrative and territorial units.
Control over the implementation of this resolution to assign to the Ministry of Health, the Ministry of Economics within official competences.

Prime Minister
Yury Lyanke

The judicial authority in the Republic of Moldova is exercised through the courts system, regulated by Constitution and specific laws: Law on the Judicial Organization (Adopted on October 19, 1995), Law on the Status of Judge (Adopted on July 20, 1995), Law on the Supreme Court of Justice (Adopted on March 26, 1995), Law on the System of Military Courts (Adopted on August 1, 1996), Law on the Economic Courts (Adopted on November 26, 1996).

This court system is comprised of the following jurisdictions: Supreme Court of Justice, Court of Appeals, Tribunals, and ordinary courts. Even the activity of the Constitutional Court is judicial based, it is independent of any other public authority and obeys only the Constitution.

The Supreme Court of Justice is the supreme court of law, that ensures the correct and unitary implementation of laws by all courts of law in the Republic of Moldova. The organization and functioning of the Supreme Court of Justice is regulated by a special Law on the Supreme Court of Justice.

considers in first instance the cases placed by law under its jurisdiction, as well as the cases appealed by means of recourse or extraordinary ways of appeal;
solves jurisdictional conflicts between the courts of law;
exercises other prerogatives, according to the law.

The official periodical published by the Supreme Court is “The Supreme Court Bulletin”.

The Court of Appeal is the supreme instance concerning ordinary ways of appeal.

The Court of Appeals:

considers in first instance the cases paced by law under its jurisdiction;
considers the appeals against the decisions pronounced in first instance by the tribunals and specialized courts;
considers the recourses against the decisions pronounced by the tribunals in order of appeal, as well as in other cases provided by law;
considers, in limits of its jurisdiction, the cases subject to extraordinary ways of appeal;
generalizes the judicial practice;
solves jurisdictional conflicts between the tribunals;
exercises other prerogatives, according to the law.

Tribunals

In the Republic of Moldova there are 5 tribunals (according to territory tribunal from Chisinau, Balti, Cahul, Bender and Comrat). Each tribunal possesses jurisdiction in a circuit that comprises several courts. The tribunals may comprise several departments, according to the nature of the cases, or a single department, that shall be mixed.

The tribunals’ functions are: consider in first instance the cases and requests placed by law under their jurisdiction; consider the appeals against the decisions pronounced in first instance by courts; consider the recourses against the decisions pronounced by courts, that, according to the law, cannot be appealed; solves cases appealed by means of extraordinary ways, placed by law under their jurisdiction; solves jurisdictional conflicts between the courts within their circuit; generalize the judicial practice; exercise other prerogatives, in accordance with the law.

Ordinary courts

The courts function in districts and municipalities (their sectors). Extra courts may be established in some cities, villages (communes), as the case might be. The ordinary courts consider all cases and requests, with the exception of those that are, in accordance with the law, under the jurisdiction of other courts of law.

The judges sitting in the courts of law are appointed by the President of the Republic of Moldova following a proposal submitted to him by the Higher Magistrates Council.

For certain categories of cases there have been instituted specialized courts: military and economic.

Military Court

The military court are part of the Judiciary, they are specialized courts that administer justice, according to the law, within the military forces.

The military courts administer justice for the protection of any kind of assault on state security, the capacity of fight and defense of the military forces, the rights and freedoms of servicemen. The military courts system comprises of military courts and Departments of the Court of Appeals and of the Supreme Court of Justice. Besides criminal cases, the military courts also consider civil cases involving military units, cases involving natural persons and legal entities concerning the pecuniary damages occurred as a result of the military offences.

The Economic Court is specialized court and is a part of the judicial system of the Republic of Moldova, established to administer justice in cases deriving from economic relations between natural persons and legal entities. The economic court has the duty to safeguard for the protection of the rights and legal interests of natural persons and legal entities during their entrepreneurial activity and other relations of economic nature, as well as for the correct and uniform application of the legislation in the field of economy.

Judicial Administration

The Ministry of Justice is the specialized central body of the public administration, exercising the leadership, coordination and control in the ambit of its competence, ensures the implementation of the state policy in the field of justice and insofar its activity is concerned – the Ministry is subordinated to the Government.

The functions of the Ministry of Justice are:

Drafting of the most important laws
Giving its advisory opinion on draft laws and other drafts of the normative acts of the Government
Performing the systematization and improvement of the legislation
Representing the interests of the Government of the Republic of Moldova before the European Court of Human Rights and maintaining the international relationships in the field of justice
Ensuring the interaction of the Government and Parliament with the Constitutional Court

The Higher Magistrates' Council in accordance with regulations established in the organization of the judiciary performs the appointments, transfers, promotions of judges, as well as the disciplinary actions against them. The Higher Magistrates' Council is composed of 11 magistrates whose mandate is valid for 5 years. The following belong by right to the Higher Magistrates' Court: the Minister of Justice, the President of the Supreme Court of Justice, the President of the Court of Appeal, the President of the Court of Audit, the Prosecutor General.

Additional Legal Institutions:

The General Prosecution

The Prosecutor's Office is a body of supervision over the due observance of law in the Republic of Moldova. The Prosecutor General and the public prosecutors under him exercise control over the exact and uniform enaction of laws by public administration authorities, by the legal entities and natural persons as well as by their associations, according to the Constitution. The Prosecutor's Office defends the legal order, the rights and freedoms of citizens and supports the enforcement of justice under the law. By its activity, the Prosecutor's Office supports the maintenance of rule of law, its exact and uniform inaction in order to consolidate the legality and the defense of the rights and freedoms of citizens. It exercises its powers as an autonomous body in the legal bodies' system.

Information and Security Service is a state organ that focuses its activity in the sphere of safeguarding the state security. It is coordinated by the President of the Republic of Moldova in accordance with the parliamentary control.

The Police, placed gratuitously in the service of the courts of law by the Ministry of Internal Affairs, ensures the watch of the premises, of other goods of the courts of law, the security of judges, of other participants at the proceedings, the public order in the headquarters of the court and during the hearings; hands down summons to the parties, witnesses, debtors, and to other persons, brings them compulsory to the court; exercises the control of the people at the entry and the exit of the court, including the bodily control, under the conditions of the law; assists the judicial executors; fulfils other tasks connecting to the justice-making process.

The Court of Audit controls the ways of creating, administering and utilizing public financial resources. It is composed of 7 members. The President of the Court of Audit is appointed for a 5-year term by Parliament on proposal submitted by the President of Parliament. The Court of Audit submits annually to Parliament a report on the administration and utilization of public financial resources (Constitution, Art. 133). The Court of Audits is established by organic law on the Court of Audits (Adopted on December 8, 1994).

PREAMBLE

THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as the ‘Member States’,
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’ and THE EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as ‘the EURATOM’
on the one part, and
THE REPUBLIC OF MOLDOVA
on the other part,
Hereafter jointly referred to as ‘the Parties’

CONSIDERING the common values and strong links of the Parties, established in the past through the Partnership and Cooperation Agreement and being developed within the framework of the European Neighbourhood Policy and the Eastern Partnership, and recognizing the common desire of the Parties further to develop, strengthen and extend their relations;
ACKNOWLEDGING the European aspirations and the European choice of the Republic of Moldova;
RECOGNISING that the common values on which the European Union is built – namely democracy, respect for human rights and fundamental freedoms, and the rule of law – lie also at the heart of political association and economic integration as envisaged in this Agreement;
TAKING into account that this Agreement will not prejudice and leaves open the way for future progressive developments in EU-Republic of Moldova relations;
ACKNOWLEDGING that the Republic of Moldova as a European country, shares a common history and common values with the Member States of the European Union, and is committed to implementing and promoting those values; which for the Republic of Moldova inspire its European choice;
RECOGNISING the importance of the joint EU-Moldova ENP Action Plan of February 2005 in strengthening EU-Republic of Moldova relations and in helping to move the reform and approximation process in the Republic of Moldova forward, thus contributing to gradual economic integration and deepening of political association;
COMMITTED to strengthening respect for fundamental freedoms, human rights, including the rights of persons belonging to minorities, democratic principles, the rule of law, and good governance;
RECALLING in particular their will to promote human rights, democracy and the rule of law, including by cooperating to that end within the framework of the Council of Europe;
WILLING to contribute to the political and socio-economic development of the Republic of Moldova, through wide-ranging cooperation in a broad spectrum of areas of common interest, including in the field of good governance, justice, freedom and security, trade integration and enhanced economic cooperation, employment and social policy, financial management, public administration and civil service reform, civil society participation, institution building and the reduction of poverty and sustainable development;
COMMITTED to all the principles and provisions of the UN Charter, the Organisation for Security and Cooperation in Europe (OSCE), in particular of the Helsinki Final Act of 1975 of the Conference on Security and Cooperation in Europe, the concluding documents of the Madrid and Vienna Conferences of 1991 and 1992 respectively, and the Charter of Paris for a New Europe of 1990, as well as the United Nations Universal Declaration of Human Rights of 1948 and the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950;
RECALLING their will to promote international peace and security as well as engaging in effective multilateralism and the peaceful settlement of disputes, in particular by cooperating to that end within the framework of the United Nations (UN) and the Organisation for Security and Cooperation in Europe (OSCE);
RECOGNISING the importance of the active participation of the Republic of Moldova in regional cooperation formats;
DESIROUS to further develop regular political dialogue on bilateral and international issues of mutual interest, including regional aspects, taking into account the Common Foreign and Security Policy (CFSP) of the European Union, including the Common Security and Defence Policy (CSDP);
TAKING ACCOUNT of the European Union’s willingness to support the international effort to strengthen the sovereignty and territorial integrity of the Republic of Moldova and to contribute to the reintegration of the country;
RECOGNISING the importance of the commitment of the Republic of Moldova to a viable settlement to the Transnistrian conflict, and the EU's commitment to supporting post-conflict rehabilitation;
COMMITTED to preventing and combating all forms of organised crime, trafficking in human beings and corruption, and to stepping up cooperation in the fight against terrorism;
COMMITTED to deepening their dialogue and cooperation on mobility, migration, asylum and border management in the spirit of the EU external migration policy framework aiming at cooperation on legal migration, including circular migration and tackling illegal migration, as well as ensuring the efficient implementation of the readmission agreement;
RECOGNISING the gradual steps being taken towards a visa-free regime for the citizens of the Republic of Moldova in due course, provided that the conditions for well-managed and secure mobility are in place;
– CONFIRMING that the provisions of this Agreement that fall within the scope of Part III, Title V of the Treaty on the Functioning of the European Union (TFEU) bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the United Kingdom and/or Ireland have jointly notified the Republic of Moldova that the United Kingdom or Ireland is bound as part of the European Union in accordance with Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on the Functioning of the European Union. If the United Kingdom and/or Ireland ceases to be bound as part of the European Union in accordance with Article 4a of Protocol No. 21 the European Union together with the United Kingdom and/or Ireland shall immediately inform the Republic of Moldova of any change in their position, in which case they shall remain bound by the provisions of the Agreement in their own right. The same applies to Denmark, in accordance with the Protocol No. 22 on the position of Denmark annexed to the Treaties;
COMMITTED to the principles of free market economy and confirming the readiness of the European Union to contribute to the economic reforms in the Republic of Moldova;
COMMITTED to respecting environmental needs, including trans-boundary cooperation on, and implementation of, multilateral international agreements; and to respecting the principles of sustainable development;
DESIROUS to achieving gradual economic integration in the EU Internal Market as stipulated in this Agreement, inter alia through a Deep and Comprehensive Free Trade Area (DCFTA), as an integral part of this Agreement;
WILLING to create a Deep and Comprehensive Free Trade Area, which will provide for far-reaching regulatory approximation and market access liberalisation, in compliance with the rights and obligations arising out of the World Trade Organisation (WTO) membership of the Parties; and to the transparent application of those rights and obligations;
BELIEVING that this Agreement will create a new climate for economic relations between the Parties and above all for the development of trade and investment, and will stimulate competition, which are factors crucial to economic restructuring and modernisation;
COMMITTED to enhancing the security of energy supply, facilitating the development of appropriate infrastructure, increasing market integration and regulatory approximation towards key elements of the EU acquis, and promoting energy efficiency and the use of renewable energy sources;
ACKNOWLEDGING the need for enhanced energy cooperation, and the commitment of the Parties to implement the Energy Community Treaty;
WILLING to improve the level of public health safety and protection of human health as a precondition for sustainable development and economic growth;
COMMITTED to enhancing people-to-people contacts, including through cooperation and exchanges in the fields of research and development, education and culture;
COMMITTED to promoting cross-border and inter-regional cooperation, in the spirit of good neighbourly relations;
RECOGNISING the commitment of the Republic of Moldova to progressively approximating its legislation in the relevant sectors with that of the European Union, and to implementing it effectively;
RECOGNISING the commitment of the Republic of Moldova to developing its administrative and institutional infrastructure to the extent necessary to enforce this Agreement;
TAKING account of the willingness of the European Union to provide support for the implementation of reforms, and to use all available instruments of cooperation and technical, financial and economic assistance in this endeavour;

HAVE AGREED AS FOLLOWS:

29.11.2013
The full text of the article can be found here:

The entire law system is composed of the legal norms included in the enactments adopted by the Parliament. The enactments refer to laws (the three types of laws mentioned above, but also other acts which are adopted by other entities rather then the Parliament. Such pieces of legislation can only be subordinate to laws.

Codification, in civil law system, is a complex systematization and a unitary concept of legal norms that usually comprises in a unitary system the most important norms of law of several areas of legal system. All codes are published initially in the Monitorul Oficial and all updates continue to be included correspondingly in late editions. Government agencies or state organizations or private companies can print selectively the codes, as well as in separate publications and as a rule must make references to the code published in the Monitorul Oficial.

CRIMINAL CODE
Codul Penal al RM. Legea RM 985-XV from 04/18/2002. In Monitorul Oficial, 128-129/1012 published on 09/13/2002. Last revision 19.12.2011

CIVIL CODE
Codul Civil al RM. Legea RM 1107-XV from 06/06/2002. In Monitorul Oficial, 82-86/661 published on 22/06/2002 Last revision 21.04.2011

CODE OF CRIMINAL PROCEDURE
Codul de Procedura Penala al RM. Legea RM 122-XV from 03/14/2003. In Monitorul Oficial 104-110/447 published on 06/07/2003 Last revision 02.12.2011

CODE OF CIVIL PROCEDURE
Codul de Procedura Civila al RM. Legea RM 225-XV from 05/30/2003. In Monitorul Oficial 111-115/451 published on 06/12/2003 Last revision 21.10.2011

CODE OF LAND USE
Codul Funciar al RM 828 –XII from 12/25/1991. Codul Funciar al RM, Legea RM nr.828-XII from 25.12.1991. In Monitorul Oficial nr.107/817 published on 04.09.2001. Last revision 16.07.2010

CODE OF SUBSOIL
Codul Subsolului al RM, Legea RM nr.3-XVI from 02.02.2009. In Monitorul Oficial nr.75-77/197 published on 17.04.2009. Last revision 26.03.2011

CODE OF WATER
Codul apelor al RM, Legea RM 1532-XII from 06/22/1993 In Monitorul Oficial 10/287 from 10/30/1993 Last revision 23.12.2009

CODE OF CONSTITUTIONAL JURISDICTION
Codul jurisdictiei constitutionale al RM. Legea RM 502-XIII from 06/16/1995. In Monitorul Oficial 53-54/597 from 09/28/1995 Last revision 25.11.2011

CODE OF FORESTRY
Codul silvic al RM, Legea RM 887-XIII from 06/21/1996. In Monitorul Oficial 4-5/36 from 01/16/1997 Last revision 22.07.2011

CODE OF INCOME TAX
Codul Fiscal al RM. Legea RM 1163-XIII from 04/24/997. In Monitorul Oficial, Special Edition published on 08.02.2007. Last revision 23.12.2011

CODE OF ELECTIONS
Codul electoral al RM. Legea RM 1381-XIII from 21/11/1997. In Monitorul Oficial 81/667 from 12/08/1997 Last revision 23.12.2011

CODE OF COMMERCIAL NAVY
Legea RM pentru aprobarea Codului navigatiei maritime comercial 599-XIV from 09/30/1999. In Monitorul Oficial 1-4/2 from 23.11.2011

CODE OF CUSTOMS ADMINISTRATION
Codul vamal al RM. Legea RM 1149-XIV from 07/20/2000. In Monitorul Oficial 160-162/1201 from 12/23/2000 Last revision 23.12.2011

CODE OF FAMILY
Codul Familiei al RM. Legea RM 1316-XIV from 10/26/2000. In Monitorul Oficial 47-48/210 from 04/26/2001 Last revision 09.07.2010

LABOR CODE
Codul Muncii al RM. Legea RM 154-XV from 03/28/2003. In Monitorul Oficial 159-162/648 from 07/29/2003 Last revision 09.12.2011

CODE OF RAILWAY TRANSPORTATION
Codul transportului feroviar al RM. Legea RM, nr. 309-XV from 07/17/2003. In Monitorul Oficial 226-228/892 from 14.11.2003 Last revision 05.26.2005

CODE OF SCIENCE AND INNOVATION
Codul cu privire la stiinta si inovare al RM. Legea RM 259-XV from 07/15/2004. In Monitorul Oficial 125-129/663 from 07/30/2004 Last revision 17.09.2010

CODE OF EXECUTION
Codul de executare al RM. Legea RM 443-XV from 12/24/2004. In Monitorul Oficial nr.214-220/704 republished on 05.11.2010. Last revision 27.08.2011

CODE OF ADMINISTRATIVE CONTRAVENTIONS
Codul Contraventional al RM, Legea RM nr.218-XVI from 24.10.2008. In Monitorul Oficial nr.3-6/15 published on 16.01.2009. Last revision 27.12.2011

AUDIOVISUAL CODE
Codul audiovizualului al RM, Legea RM nr.260-XVI from 27.07.2006. In Monitorul Oficial nr.131-133/679 published on 18.08.2006. Last revision 19.12.2011

AUTO TRANSPORT CODE
Codul Transportului Auto, Legea RM nr.116-XIV from 29.07.1998. In Monitorul Oficial nr.90-91/581 published on 01.10.1998. Last revision 17.06.2010

CODE OF HOUSING
Codul cu privire la locuinte al RSSM, Legea RM nr.2718-X from 03.06.1983. In Vestile nr. 6/40 published on 1983. Last revision 04.12.2009

Chapter I

GENERAL PROVISIONS

Article 1. Object, Goal and Scope

(1) This Code of Conduct (hereinafter referred to as the Code) shall regulate the conduct of the civil servant while exercising a public function.

(2) The goal of this Code is to establish norms of conduct for civil service and inform the citizens about the conduct the civil servants shall have for the purpose of improving the quality of the civil service; ensuring a better administration in promoting the public interest; contributing to prevention and elimination of bureaucracy and corruption in the public administration, as well as creating an environment that would enhance citizens’ trust in the public authority.

(3) The Norms of conduct stipulated in this Code shall be mandatory for all civil servants.

(4) Any infringement of this Code shall result into a disciplinary action falling under the provisions of the legislation on public function and statute of the civil servant.

Chapter II

PRINCIPLES OF CIVIL SERVANT’S CONDUCT

Article 2. Principles of Civil Servant’s Conduct

While exercising a public function, the civil servant shall be guided by the following principles:

a) Legality;

b) Impartiality;

c) Independence;

d) Professionalism;

e) Loyalty.

Article 3. Legality

(1) While performing his/her duties, the civil servant shall observe the Constitution of the Republic of Moldova, the legislation in force and the international treaties the Republic of Moldova is committed to.

(2) The civil servant, who believes that he/she is required or obliged to act illegally or in breach

of norms of conduct shall report the matter to his/her superiors.

Article 4. Impartiality

(1) The civil servant shall approve decisions and take actions in an impartial, non-discriminatory and equal manner, without giving priority to some persons or groups of persons based on race, nationality, ethnical origin, language, religion, gender, opinion, political affiliation, property or social origin.

(2) The civil servant is expected to be respectful, impartial, honest and courteous in his/her relations with the public, as well as in relations with his/her superiors, colleagues and subordinate staff.

(3) The civil servant shall not make natural or legal persons, including other civil servants, behave illegally, taking advantage of the official position he/she holds.

Article 5. Independence

(1) The political affiliation of the civil servant shall not influence his/her conduct and decisions, as well as the policies, decisions, and actions of public authorities.

(2) While performing his/her duties, the civil servant shall not:

a) participate in raising funds for the activity of political parties and other social-political organizations;

b) use administrative resources for supporting electoral candidates;

c) post signs or objects with signs or names of political parties or their candidates in the premises of public authorities;

d) campaign in favour of a political party;

e) establish or contribute to the establishment of subdivisions of political parties within public authorities.

Article 6. Professionalism

(1) The civil servant shall perform his/her duties with responsibility, and shall demonstrate competence, efficiency, promptness, and correctness.

(2) The civil servant shall be accountable for the performance of his/her duties to his/her immediate superior, hierarchical superiors and the public authority he/she works for.

Article 7. Loyalty

(1) The civil servant shall serve loyally the public authority he/she works for, as well as the legal interests of the civil servants.

(2) The civil servant shall abstain from any action or fact that can prejudice the image, prestige or legal interests of the public authority.

Chapter III

SIVIL SERVANT’S NORMS OF CONDUCT

Article 8. Access to Information

(1) Based on the competences attributed to him/her under the legislation on access to information, the civil servant shall:

a) inform the citizens about issues of public interest in an active, fair, and timely manner;

b) guarantee free access to information;

c) observe the timeframes for delivering the information set by the legislation.

(2) The civil servant shall observe the restrictions on access to information, under the provisions of the law, with the aim to protect confidential information, private life of a person, and national security, as well as to ensure the security of information he/she is responsible for from unauthorised access, modification or damage.

(3) Only authorised civil servants shall communicate on behalf of the public authority with the public and media.

Article 9. Use of Public Resources

(1) The civil servant shall ensure that the public property is protected against any prejudice.

(2) The civil servant shall use his or her working hours, as well as the property of public authority only while performing duties specific to the position held.

(3) The civil servant shall ensure, in exercise of his/her powers, that public financial resources are managed efficiently and according to their destination.

(4) The civil servant shall not use public property for carrying on advertising, didactic, research activities and activities of personal interest of other nature not prohibited by law.

Article 10. Conduct in International Relations

(1) The civil servant representing a public authority in international organizations, educational institutions, conferences, seminars, and other activities shall have a conduct that does not prejudice the image of the country and public authority he/she represents.

(2) The civil servant undertaking a business trip outside the country shall have a conduct that complies with protocol rules and shall observe the laws of the host country.

(3) While building relations with the representatives of other states, the civil servant shall not express personal opinions regarding national issues or international disputes.

Article 11. Gifts and Favours

(1) The civil servant shall not request or accept gifts, benefit from services, favours or any other advantages for himself/herself, his/her family, relatives, friends, natural and legal entities with which he/she has had business or political relations that may impair his or her ability to perform public duties and that may be considered a reward for performing his/her duties.

(2) The civil servant can accept, according to the generally acknowledged rules of politeness and hospitality, conventional hospitality or minor gifts the value of which shall not exceed a country minimal salary, set through a Government decision.

(3) The gifts received through violation of paragraph (2) shall be given to the respective public authority according to the procedure stipulated by law.

(4) If the civil servant is being offered an undue advantage, he/she shall take the following steps to protect himself/herself:

a) refuse the undue advantage; it shall not be accepted for being subsequently used as evidence;

b) try to identify the person who made the offer;

c) have witnesses, for example colleagues;

d) record as many details as possible about the attempt in an official registry/notebook;

e) immediately report about the attempt to his/her supervisor or directly to the competent authorities;

f) continue to perform the work normally, particularly the activity for which the undue advantage has been offered.

Article 12. Conflict of Interests

(1) The civil servant shall avoid any conflict of interest.

(2) Any conflict of interest declared by the candidate to a public position shall be resolved before his/her appointment.

(4) The procedure of declaring and settling conflicts of interest shall be regulated by the legislation on conflict of interest.

Article 13. Obligations of the Civil Servant holding a Management Position

(1) The civil servant holding a management position shall promote and ensure observance of the rules of conduct by the subordinated civil servants.

(2) While performing the management duties, the civil servant shall:

a) ensure equal treatment and opportunities for all subordinated civil servants in career development;

b) examine and objectively apply assessment criteria for evaluating the professional competence of the subordinated staff when proposing or approving promotions, transfers, appointments or dismissals from public functions, and providing pecuniary or non-pecuniary incentives, and shall exclude any favours or discrimination;

c) avoid discriminatory, family relationship, or other criteria in breach of the Code for access to or promotion into a public function.

d) take necessary actions to prevent corruption among subordinated civil servants, as well as to bear responsibility for the failures as a result of a bad performance of the respective actions.

Chapter IV

FINAL PROVISIONS

Article 14.

(1) This law shall enter into force on 1 January 2009.

(2) The Government shall:

a) within six months from the date of publishing this law:

- bring the normative acts in compliance with the provisions of this Code;

- ensure revision and bringing the relevant departmental normative acts in compliance with this

Code;

b) take other actions for applying this Code.

SPEAKER OF PARLIAMENT

MARIAN LUPU

Chisinau, 22 February 2008

A diagnostic analysis of the constraints to economic development highlights the critical issues, i.e. domains in terms of which Republic of Moldova is largely surpassed by comparable countries. This approach1 has been applied successfully in several countries, such as Brazil, Egypt, Bolivia, and Mongolia. Essentially, as long as the critical issues remain unresolved, the investment potential of the national economy cannot be fully realized. It is necessary to remove these investment-suppressing barriers as a matter of priority in order to change the country's development paradigm.

On these lines, four critical issues were identified: education, roads, access to finance, and business environment. Following a consultative process, the Government established major problems that, once solved, will contribute greatly to ensuring economic growth and poverty reduction. Hence, the experience of an inefficient judicial system endangers the development of all areas, affecting seriously both the business environment in the country and the investment process. Other two priorities, solutions to which can be found during the implementation timeframe of present Strategy and which have direct impact on the poor, are: consumption of energy resources and pension system. Health was identified as one of critical problems which leads to reduction of labor force and to a decrease in labor productivity, but its solving is possible by including health aspects in all long-term development priorities. As long-term strategic objectives, the National

Development Strategy "Moldova 2020" is focused on the following development priorities:

Aligning the education system to labor market needs in order to enhance labor productivity and increase employment in the economy;
Increasing public investment in the national and local road infrastructure, in order to reduce transportation costs and increase the speed of access;
Reducing financing costs by increasing competition in the financial sector and developing risk management tools;
Improving the business climate, promoting competition policies, streamlining the regulatory framework and applying information technologies in public services for businesses and citizens;
Reducing energy consumption by increasing energy efficiency and using renewable energy sources;
Ensuring financial sustainability of the pension system in order to secure an appropriate rate of wage replacement;
Increasing the quality and efficiency of justice and fighting corruption in order to ensure an equitable access to public goods for all citizens.

The focus of this Strategy is to produce a social and economic impact on each of the above-mentioned dimensions. The cumulative effect of solving the addressed problems lies in removing the critical barriers that prevent the optimal use of resources. This approach makes it possible to prioritize areas of state intervention and subject them to a clearly defined objective of the Strategy: ensuring qualitative economic development and, implicitly, poverty reduction.

The Republic of Moldova will undertake all the necessary efforts to ensure the transition to a green economic development, which promotes sustainable development principles and contributes to poverty reduction, including by ensuring a better governance in the sustainable development domain, by integrating and strengthening environmental protection aspects in all social-economic development domains of the country.

A determining factor in the successful accomplishment of identified priorities and achievement of the main objective is the existence of efficient and modern state institutions. Acceleration of institutional reforms and strengthening of capacity of public authorities will address each identified priority. Increased quality of public services through modernization and greater transparency and accessibility are inherent during Strategy implementation process.

According to Appendix No.1 to Requirements for the assurance of personal data security at their processing within the information systems of personal data the personal data categories are the following:

Personal data which directly or indirectly identify a natural person, in particular, by reference to an identification number (personal code), to one or more specific elements of his physical, physiological, psychological, economic, cultural or social identity fall into two categories: common and special.

Special category of personal data is the information revealing racial or ethnic origin, political or religious believes, personal data concerning health or sexual life, as well as data relating to criminal conviction of a physic person.

Common category is the information that reveals:

1) name and surname;

2) gender;

3) date and place of birth;

4) citizenship;

5) IDNP;

6) image;

7) voice;

8) family situation;

9) military situation;

10) geographic location data/ traffic data;

11) nickname/alias;

12) family members’ personal data;

13) driving license data;

14) data from matriculation certificate;

15) economic and financial situation;

16) data of owned assets;

17) banking data;

18) signature;

19) civil status data; 20) pension file number;

21) social security number (CPAS);

22) medical insurance code (CPAM);

23) phone/fax number;

24) cell phone number;

25) address (domicile/residence);

26) e-mail address;

27) genetic data;

28) biometric and anthropometric data;

29) finger print identification data;

30) profession and/or work place;

31) professional occupation - diploma - education;

32) habits/preferences/behaviors;

33) physical characteristics.

In cases of common personal data processing, personal data holders will include in personal data security policy and will implement the requirements set up for the 1st security level of personal data information systems - (N-1).

In cases of special category of personal data processing, personal data holders, additionally to the set requirements for the 1st security level, will include in security policy of personal data and will implement requirements established for the 2nd security level of personal data information systems - (N-2).

Great changes have been observed in the use of media by consumers, and particularly by minors. The latter are making increasing use of media through mobile devices, including online video games, which generates a growing demand for on-demand services on the internet. As a new phenomenon, social networks have gained huge importance, both for individual users and in societal terms. Many more changes are still to come. All these new developments offer many opportunities for minors, but they also create challenges with regard to their protection. This report summarises what has already been done in the area of protecting minors in the digital world and presents the further steps required to reinforce this work.

ACT

Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 13 September 2011 on the application of the Council Recommendation of 24 September 1998 concerning the protection of minors and human dignity and of the Recommendation of the European Parliament and of the Council of 20 December 2006 on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and online information services industry – Protecting children in the digital world/

SUMMARY

This report outlines the measures put in place by Member States to protect children in online activities. It follows on from the 2006 Recommendation on protection of minors in audiovisual and information services, and the 1998 Recommendation on protection of minors and human dignity.

Illegal or harmful content

The report provides an overview of the initiatives taken by Member States aimed at combating discriminatory, illegal or harmful content online. It mainly concerns commitments and codes of conduct. For example, these provide for an appropriate label to be displayed on internet sites.

However, the level of protection assured by this type of initiative still varies from one Member State to another. Existing measures should be constantly monitored in order to ensure their effectiveness.

Furthermore, illegal or harmful content generally comes from other EU Member States or third countries. A coordinated approach at European and then international level would harmonise protection against this type of content.

Hotlines

The Digital Agenda for Europe provides for the installation of hotlines by 2013, enabling the reporting of offensive or harmful online content. These hotlines should benefit from co-financing from the Safer Internet programme. Furthermore, the Association of Internet Hotlines (INHOPE) is an effective cooperation tool for Member States and third countries. Notice and take-down procedures have also been put in place for internet service providers (ISPs) to take down any illegal content reported by a person using the hotline.

However, the Commission requests that Member States monitor their hotlines more closely. They are still not sufficiently known about by, and accessible to, Internet users and children.

Internet Service Providers (ISPs)

ISPs are requested to become more active in the protection of minors. The application of codes of conduct should be more widespread and closely monitored. ISP associations are encouraged to include the protection of minors in their actions and to ensure that their members are committed to this end. Moreover, greater involvement of consumers and authorities in the development of codes of conduct would help to ensure that self-regulation truly responds to the rapidly evolving digital world.

ISPs are encouraged to extend the application of the codes of conduct and to include the protection of minors in their mandates.

Social networking sites

Social networking sites have profoundly changed the behaviour of minors in the way that they interact and communicate with each other. These networking sites present many risks such as illegal content, age-inappropriate content, inappropriate contact and inappropriate conduct.

One of the ways detailed in the report for countering these risks may be the development of guidelines for providers of social networking sites. The Commission intends to increase the number of reporting points and to establish a well functioning back office infrastructure to be deployed on social networks.

Media literacy and awareness-raising

Member States are committed to increasing media literacy. There are several initiatives in this area, such as public-private partnerships and the EU kids online project. However, although the integration of media literacy in schools has demonstrated positive results, universal coverage of all children and parents and consistency across schools and Member States remain significant challenges.

Access restrictions to content

Limiting minors’ access to content involves establishing age rating and classification of content. There are currently classification systems for audiovisual content in place which are considered to be sufficient and effective by some Member States, while others deem they should be improved.

Technical systems such as filtering, age verification systems and parental control systems can be useful, but they cannot guarantee complete restriction of access to content by minors. Subscribers are increasingly better informed about the existence of filtering and verification systems, and age verification software. However, Member States remain divided on the use, relevance (with regard to right to information and risk of censorship), technical feasibility and reliability of technical systems. Moreover, they highlight the need for transparency as regards the inclusion of certain content in a ‘black list’ and the possibility of its removal.

While most Member States see scope for improving age rating and classification systems, there is as yet no consensus on a pan-European classification system for media content. This report encourages reflection upon innovative rating and classification systems in the sector of information and communication technologies (ICT).

Audiovisual Media Services

The Commission notes that on-demand television services are lagging behind with regard to co/self regulation services aimed at protecting minors from harmful content and concerning the technical means for offering children selected access to content on the Internet. Age classifications and transmission time restrictions should be highlighted for these types of audiovisual media services.

Video games

With the exception of Germany, all Member States use the Pan European Games Information System (PEGI) concerning the protection of minors as regards video games. This report considers it appropriate to increase the number of awareness-raising measures with the aim of prevention, particularly in schools. Moreover, progress is still needed to ensure compliance with age classifications in the sale of video games and to extend the application of systems such as PEGI to online games.

Torture and other ill-treatment

In spite of changes to the law, impunity for torture and other ill-treatment continued. Of 128 complaints received by the Prosecutor General’s Office in connection with incidents following demonstrations in April 2009, only 43 had reached the courts and only three police officers had been convicted by the end of 2012. In all three cases the officers received suspended sentences.

Parliament passed amendments to the Criminal and Criminal Procedural Codes in November to bring Moldova closer to its obligation to eradicate torture. The maximum sentence for torture was increased from 10 to 15 years, the statute of limitations for torture was abolished, and those convicted of torture were no longer eligible for amnesties or suspended sentences. Other procedural changes required police to record the state of health of detainees upon arrival at the place of detention and provide them with written confirmation of the reasons for the arrest.

On 8 May, the Supreme Court rejected an appeal by Eugen Fedoruc against his detention in Chişinău Psychiatric Hospital, and in July his detention was extended for a further six months. Eugen Fedoruc was first held by the police on 2 April 2011 in connection with a series of murders. He alleged that he was tortured when he was held in Chişinău General Police Directorate from 16 April to 17 June 2011. He said he had been suspended with his hands and legs bound together and given electric shocks to force him to confess. He was then transferred to Chişinău Psychiatric Hospital for 10 days for psychiatric assessment, and remained in detention until December. Eugen Fedoruc had been previously treated as an outpatient for schizophrenia, but his doctor said in June 2012 that he was calm and presented no threat to the public, and that there was no reason for him to be held as an inpatient. The torture allegations were not investigated.

Discrimination

In May, Parliament passed a Law on Ensuring Equality, due to come into effect on 1 January 2013. However, provisions fell short of international standards by omitting sexual orientation, gender identity and state of health from the list of forbidden grounds of discrimination. Discrimination against some individuals and groups continued.

In February, I.H., a 48-year-old HIV-positive woman, with severe deterioration of a hip joint (osteonecrosis), was refused a hip replacement operation on the grounds that she was HIV-positive. On 21 November 2011, the Deputy Director of the Traumatology and Orthopaedics Hospital in Chişinău told her that such surgery could not be performed on HIV-positive patients. The NGO the Institute for Human Rights and the UN Development Programme human rights representative both intervened, pointing out that hip replacement operations were regularly carried out on HIV-positive patients throughout the world and that such surgery did not result in complications if the immune system before the operation was healthy. The hospital refused to carry out the operation.

In March, in the run-up to the passage of the Law on Ensuring Equality, several local councils across the country adopted discriminatory measures against different groups in their communities. Bans on “aggressive propaganda of non-traditional sexual orientation” targeted LGBTI individuals, and Muslims were discriminated against through bans on public Muslim worship. Only one council repealed its decision upon intervention by the Ombudsperson.

On 12 June, the European Court of Human Rights ruled that the banning of an LGBTI demonstration in May 2005 had violated the right to freedom of assembly as well as the right not to be discriminated against, and ordered the Moldovan government to pay the organizers, GenderDoc-M, €11,000 within three months.

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