(17 September 1991; Modified and completed
19 October 1993;
Modified and completed 30 September 1998)
The right of association is an
inalienable part of human and citizen rights proclaimed by the Universal
Declaration of Human Rights and are consecrated and guaranteed by the
Constitution of the Republic of Moldova. This Law establishes the conditions
and principles for creating, organizing, and dissolving a party or other
socio-political organization.
I.
General Principles
Article 1: The notion of party and
the notion of socio-political organization
According to this Law, parties and
other socio-political organizations are free will associations of citizens,
based on community of ideas, ideals, and goals which contribute to the
fulfillment of the political will of a part of the population by legally
earning state power and participation in its enforcement.
The notion of socio-political
organization also refers to leagues, fronts, unions, and political mass
movements.
This Law does not regulate the
activity of other citizens' independent organizations which are based on
professional, and cultural affinities and which do not aspire to participate in
the foundation of state of state.
Article 2: The right of association
in parties and other socio-political organizations
The citizens of the Republic of
Moldova have the right to associate by free will in parties and other
socio-political organizations.
Only citizens of the Republic of
Moldova who are at least 18 years of age can be elected as members of a party
or socio-political organization.
A member of one party cannot be
simultaneously member of another party.
Parties and other socio-political
organizations have the right to associate in political unions, blocs,
federations, and associations.
Article 3: The status of the member
of a party or socio-political organization
The status of a member of a party or
socio-political organization is specified by the respective organization.
Article 4: The basic ideas of the
parties' and socio-political organizations’ activities
Parties and other socio-political
organizations perform activities with respect to the Constitution of the
Republic of Moldova, to this Law, and to other laws, and function according to
their statute, registered in the established way.
The ruling bodies of the parties and
other socio- political organizations must be situated in the territory of the
Republic of Moldova.
Parties and socio-political
organizations from abroad, or their subdivisions may not be created or function
on the territory of the Republic of Moldova.
It is forbidden to be created and to
be active paramilitary parties or other socio-political organizations which
oppose to political pluralism, principles of rule of law and have as their goal
to remove or change by force, or by other unconstitutional means, the state
order; attempt to undermine the sovereignty and the territorial integrity of
the Republic of Moldova, instigate war, social disorder, inter-ethnic
conflicts, religious conflicts; propagate war and authoritarian and
totalitarian methods of rule, and abridge natural human rights, set up
activities that contravene the Constitution of the Republic of Moldova and the
general accepted norms of international law.
Article 5: The statute of parties or
other socio-political organizations
The statute must contain the
following data:
1. The name of the party or
socio-political organization.
2. The goals and the way to
accomplish them.
3. Party or other socio-political
organization statute shall be registered if:
includes at least 5,000 members
residing in at least half of second level administrative-territorial units, but
no less than 150 in each of the said administrative-territorial units.
has a program and elected steering
bodies.
4. The rights and obligations of the
members of the parties and socio-political organizations.
5. The way to form and the
competence of the ruling committee of the party or socio-political organization
and the terms of their empowerments.
6. The way to adopt, modify, and
complete the statute.
7. The sources for the financial
support and other assets.
8. Conditions in which a party or
socio-political organization can be created, reorganized, or dissolved.
The statute should not infringe the
laws of the Republic of Moldova.
Only in the case that the party or
socio-political organizations consists of at least 3OO members, has a program
and a leading committee, its statute can be registered.
Article 6: The name of the party or
socio-political organization
The name, abbreviation and symbol of
the party or socio-political organizations must be different from others
registered in the Republic of Moldova,
In the case that the name of the
party or socio- political organization is changed, then the party or
socio-political organization should be registered again, as this Law specifies.
Article 7: Guarantees on activity
The state ensures that the rights
and legitimate interests of parties or other socio-political organizations are
observed with respect to the Constitution of the Republic of Moldova. Also, the
state guarantees that the same juridical terms are ensured for the
accomplishment of the tasks present In their statute.
The interference of state bodies and
officials in the activity of parties or other socio-political organizations and
also the interference of the parties or other socio-political organizations in
the activities of state bodies or officials are forbidden, except the cases
stipulated by law.
It is forbidden to oppress and to
deny the rights of a citizen because of his affiliation with a party or
socio-political organization.
Any request to confirm the
affiliation with a party or socio-political organization in an official
document is not legal.
The activity of the party or
socio-political organization must be sustained out of its own financial
resources.
Parties and other socio-political
organizations shall promote principles of equality of men and women in the
decision making bodies.
The person who violates these
conditions is held responsible according to the law.
Article 8: Restrictions on political
activity
Soldiers, persons who work in the
Department of Internal Affairs, or in the State Security Department or In the
Customs Office, judges, prosecutors, state inspectors, as well as those working
for the official press, radio and television, are not allowed to join any party
or any socio-political organization.
Members of parties or other
socio-political organizations who are recruited, as established by the law,
into military service, appointed in the prosecution bodies, Internal Affairs
bodies, State Security bodies, as well as in the State Inspecting bodies, have
to suspend their affiliation during the period they serve in these
institutions.
A person who has suspended his
affiliation to a party or socio-political organization cannot be elected as a
member of the ruling bodies of the party or socio-political organization, and
cannot perform any duties for the party or socio-political organization.
Article 9: The de-ideologization of
the education system
In the Republic of Moldova, the
education system is not ideologically oriented. It is forbidden to disseminate
and propagate political ideas of a party or socio-political organization in any
kind of school.
Article 10: Financial support for parties
or other socio-political organizations
The financing of parties and other
socio-political organizations and the transferal of property to them shall be
prohibited for:
foreign states, foreign Individuals
and legal entities, and Individuals without citizenship;
state organs, state enterprises,
organizations and institutions with the exception of financing in accordance
with the present legislation of elections for the representative organs of
state power,
joint-ventures in which more than
20% of the capital is foreign or owned by a foreign state or founder;
all unregistered civic associations;
any anonymous persons.
Parties and socio-political
organizations are not allowed to receive financial support from foreign
countries, foreign citizens or juridical persons from abroad.
Parties and socio-political
organizations shall be funded only via the accounts in the banks operating on
the territory of the Republic of Moldova.
Article 11: Solving the affairs of
the party or other socio-political organization
Problems regarding the interest of a
party or socio-political organization are solved, according to the legislation,
by state and economical organizations, with the participation or coordination
of the respective parties or socio-political organizations.
Article 12: The principle of
creating a party or a socio-political organization
The foundation of a party or a
socio-political organization is based on The territorial principle.
The creation and activity of the
organizatorial units of parties and socio-political organizations at places of
work is forbidden.
The state or state official cannot
Initiate The foundation of a party or socio-political organizations.
II.
The registration of the partes and other socio-political organizations
Article 13: Registration of the
statute
Parties and other socio-political
organizations have the right to achieve their purposes declared in the statute
only after their registration.
The registration application is
submitted to the Ministry of Justice together with the following:
statute and program of the party or
socio-political organization;
act on set up and party or
socio-political organization members list, compiled based on applications
approved by the leader of political party or socio-political organization,
which will include: name and surname, year of birth, residence, ID number,
workplace, and signature of the relevant party or socio-political organization
member;
documents indicating headquarters of
the party or socio-political organization;
evidence of bank account.
One month after the submission of
statute, program the Justice Ministry shall register the statute or if it fails
to meet the requirements of this Law shall refuse the registration.
The Justice Ministry's decision
regarding the refusal to register the statute can be contested by the
respective organization at the Supreme Court within ten days. The decision of
the Supreme Court is final.
Modifications and completions of
statutes of parties and socio-political organizations will be registered as the
initial registration provides. The president or a representative of the
executive body of a party or socio-political organization must be a witness to
the statute's registration formalities.
At the moment of registration, the
parties or other socio-political organizations become juridical persons.
The Justice Ministry holds the
Register of parties and socio-political organizations.
The Government regulates the
registration of the statutes of parties and socio-political organizations
through a Regulation which it approves.
Article 14: The symbol of a party or
socio-political organization
The parties and socio-political
organizations can have an emblem or a flag as a symbol, which must not reproduce
the state symbols and shall be officially registered in the established way for
the registration of the statute. The symbol must not serve purposes which are
mentioned in Article 4 of the present Law.
III.
The activity of parties and other socio-political organizations
Article 15: The rights of parties
and other socio-political organizations
The rights of parties and
socio-political organizations are established by this law and also by their
statutes.
For the fulfillment of the purposes
mentioned by their statute or by their programs, parties and socio-political
organizations have the right:
to freely circulate information
about their activity;
to participate (independently, as a
part of a bloc or a union with other parties and organizations), in elections
for the representative state bodies of all ranks and in the formation of state
administrative bodies;
to found and own its own mass-media
means, and to have editorial activity, according to the legislation in force.
to use free of charge, during the
election campaign, the state mass-media, in accordance with the republican laws
regarding the elections.
to exert other empowerments provided
by the present Law, or by other pieces of legislation.
Article 16: The property of parties
and of other socio-political associations
Parties and other socio-political
organizations may have assets such as buildings, equipment, publishing houses,
printing houses, modes of transportation, as well as other material goods
necessary exclusively for the realization of the purposes provided for by their
statutes.
The right of parties and other
socio-political organizations to own property is regulated by law.
Parties and other socio-political
organizations have tile right to benefit from their buildings and other goods,
according to the borrowing or lease agreements concluded with other persons.
Parties and other socio-political
organizations may not own: land, industrial enterprises or associations and
production cooperatives, and cannot carry on economic or commercial activities,
except cases mentioned in Article 17.
It is prohibited for parties and
other socio-political organizations to possess and deposit or keep weaponry,
explosives and other materials which may present a danger (including
ecological) to the life and health of citizens.
Article 17: Financial support for
parties and other socio-political organizations
The finances of parties and other
socio-political organizations may be formed from registration and membership
fees, profits received from the activity of mass media, sale of socio-political
literature, sale of other propaganda and agitation materials manufactured with
their own symbols, from conducting festivals, exhibitions, lectures, other
measures, from the voluntary contributions, donations by physical and legal
entities, except for cases indicated in the first part of Article 10, and also
from other sources not prohibited by law.
Article 18: The use of income
According to the legislation, and
exclusively in order to accomplish the purposes mentioned by its statute, a
party or socio-political organization may set up enterprises or administrative
organizations, which have the right to be juridical persons.
Income received from the activities
of parties and other socio-political organizations may not be distributed among
their members and should be used solely for the achievement of prescribed
goals.
Members of parties and other
socio-political organizations are not entitled to income and property of
parties and socio-political organizations and are not liable for their debts.
The use of the benefits for
charitable activities is allowed independently of the provisions of the
statute.
The parties and socio-political
organizations shall publish an annual report about their income, expenditures,
sources, and prior to February 1 of the following year, shall submit to the
financial authorities a declaration about their financial activity for that
year.
Article 19: The right to circulate
information
The parties and other
socio-political organizations have the right to make public, in written,
verbal, or any other form, information about their activities, to propagate
their ideas, purposes, and programs. They also have the right to establish
their own mass-media means, except radio and television, and to use state
mass-media, according to the legislation in force.
Article 20: The right to hold
rallies
The parties and other
socio-political organizations have the right to demonstrate and to call for meetings
or demonstrations, as established by law.
IV.
Control of the activities of parties and other socio-political organizations
Article 21: Supervision and control
of the activities of parties and other socio- political organizations
According to the fiscal legislation,
the financial authorities exert control over the sources of income of parties
and other socio-political organizations, and also over tax-payment.
Ministry of Justice shall oversee
the way parties and other socio-political organizations observe the norms of
the regulations. Its representatives may be present during any events conducted
by parties and other socio-political organizations and may ask for required
documentation and clarifications.
Supervision of the compliance by
parties and other socio-political organizations with the legislation shall be
conducted by the organs of the public prosecutor.
Article 22: The responsibility of
the parties and other socio-political organizations
If a party or a socio-political
organization incurs material prejudices by its illegal action the interests of
the state, citizens, organizations, or other parties or socio- political
organizations, then that party or socio-political organization must compensate
the damaged parties for their losses, out of its own sources, in accordance
with the law.
V.
On suspending and dissolving the activities of a party or other socio-political
organization
Article 23: The suspension of the
activities of a party or other socio-political organization
The Justice Ministry will suspend
the activity of a party or socio-political organization in the case that it has
infringed the Constitution or the present Law.
In this case, the Justice Ministry
will inform in writing the riding body of the respective party about the violation
of the law that has been committed and will establish the term for removing it.
During the electoral campaign, only
the Supreme Court can suspend the activity of a party or socio-political
organization.
As long as a party or
socio-political organization is suspended, it is not allowed to use mass-media,
to make agitation, propaganda, to conduct banking operations, or other
operations concerning property or to participate in elections.
After removing the violation, the
party or socio- political organization will inform the Justice Ministry, which,
in a period of five days, shall authorize the party or socio-political
organization to resume its activity.
A party or socio-political
organization can be suspended for at most six months. The activities of a party
or socio-political organization may be suspended for one year if the violation
is not removed or if, within a year of the date of suspension, the law is
infringed again.
Article 24: The cessation of the
activity of a party or socio-political organization
The activity of a party or
socio-political organization will cease in these cases:
the party or socio-political
organization dissolves itself, according to the statute;
the party or socio-political
organization is dissolved by decision of the Supreme Court.
Article 25: Punitive dissolution
In the case that a party or
socio-political organization infringes the Constitution or the present Law
again within one year after it has been suspended, as an answer to the request
of the Justice Ministry, the Supreme Court may suspend the activity of that
party or socio-political organization.
The State Prosecutor has the right
to ask for the suspension of the activity or the dissolution of any party or
socio-political organization, arguing his request before the Supreme Court.
Article 26: Appeals
A party or socio-political
organization can appeal against the decision by which its statute was not
registered or by which it was suspended or dissolved. The appeal will be sent
to tile Supreme Court, which shall examine it within five days.
VI.
Final Provisions
Article 27: The right to have
international connections
According to their statutes and to
the provisions of this Law, parties and other socio-political organizations
have the right to enter into international associations, to have direct links
and international connections, and to sign agreements.
Article 28: Application of the norms
of international treaties
In the case that an international
treaty signed by the Republic of Moldova has norms which diverge from this Law,
then the norms of the treaty are to be applied.
President of the Republic of Moldova
Mircea Snegur
Chisinau, September 17,1991
Modified and completed on October 19,1993, No. 1615-XII.
Modified and completed on September 30, 1998, No. 146-XIV
Chisinau, September 17,1991
Modified and completed on October 19,1993, No. 1615-XII.
Modified and completed on September 30, 1998, No. 146-XIV
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