Lawyer Moldova

No.   544-XIII  from 07.20.95


Chapter I Status of Judge

Article 1.  Judge - bearer of judicial power
(1)    Judicial power shall be exercised only by courts, in the person of judge - the sole bearer of this power.
(2)    Judge is the person constitutionally invested with powers to administrate justice, which he/she exercises on a professional basis.
(3)    Court judges shall be independent and irremovable according to the law and comply with the law.

Article 2.  Unity of the status of judge
Judges of all courts shall have one status and be distinguished one from each other only by their powers and competency. The specifics of the status of some categories of judges shall be established by law.

Chapter II Corporate Body of Magistrates

Article 3. Magistrates
(1) The following are magistrates and members of the corporate body of magistrates: judges from all courts of law from Moldova, as well as from international courts of law, judges assistant from the Supreme Court of Justice and Constitutional Court, as well as members of the Superior Council of Magistracy and Qualification Board who do not have the status of
judge.
(Art. 3 was amended by the Law no. 1099-XV from 06.06.2002) (Art.  3 was amended by the Law no.  1414-XIII from 12.17.97)

Article 4.  Hierarchy of the Magistrates'  Functions
Within the corporate body of magistrates the hierarchy of executive functions shall be established by taking into account the level of professional skills, experience in magistracy and qualification degrees, as specified by law. Within the corporate body of magistrates the hierarchy of leadership functions shall be established by taking into account the instance the court is of.

Article 5.  Experience in Magistracy
(2)    Experience in magistracy is the period of time within which an individual with official university-level legal training degree has been deputy, ombudsman, as well as the period of time within which an individual
being magistrate or having a position granted the status of magistrate, has exercised a legal position within the personnel of the following: Parliament, Presidency, Constitutional Court, Court of Accounts, Government
or Center for Human Rights.
(Paragraph 2,  art.5,  completed by Law no.   789-XIV from 02.03.2000) (Paragraph 2, art. 5, completed by Law no. 18-XIV from 05.14.98)
(3)    In the evaluation of the experience in magistracy the following shall not be taken into account: interruptions due to suspension, pensioning for temporary incapacity to work, as well as transfer to other positions than those provided for by paragraphs  (1)  and  (2).

Article 6.  General Requirements for Judicial Candidates
Citizen of the Republic of Moldova may run for the office of judge if he/she has his/her residence on its territory and meets the following requirements:
a)    Has the capacity to exercise his/her rights;
b)    Has official university-level legal training degree;
c)    Has  served the  internship period required for the position he/she  is to be appointed;
d)    Does not have criminal records and enjoys a good reputation;
e)    Knows the official state language;
f)    Is   able,   from   medical   point   of   view,   to   exercise   the   respective position, according to the health medical certificate.
(Art. 6 amended by Law nr. 1099-XV from 06.06.2002) (Art. 6 completed by Law no. 373-XV from 07.19.2001)

Article 7. Additional Requirements to Be Met for Being Appointed for a Judicial Office
(1)    The individual who is no less than 3 0 years of age, has experience of no less than 5 years of legal career, meets the requirements provided for in art. 6 and passed the qualification examination, as well as the
individual with experience of up to 5 years, but of no less than 3 years, who after having completed his/her internship in court, passed the capacity (translator's note: qualification) examination, may be appointed for judicial office.
(2)    In order to be appointed as a tribunal judge, Appellate Court judge or Supreme Court of Justice judge, an individual should have prior legal experience of,  respectively,  no less than 5 years,   7 years and 15 years.
(3)    The additional requirements to be met by a candidate for a judicial specialized office shall be established by law.
(Art.   7 amended by Law nr.  373-XV from 07.19.2001)
(Art.   7 amended by Law nr.   1027 from 12.06.96) Article 8.  Restrictions on the Office of Magistrate
(1)    Magistrate may not:
a)    Hold any other public or private positions except for scientific and didactic activity;
b)    Be deputy in Parliament or councilor within local public administration authority;
c)    Be member of any parties or other social-political organizations, or carry out activities of political nature, collaborate in carrying out activities contravening the judge oath;
d)    Carry out commercial activities;
e)    Give legal advice either in written or oral forms on litigation-related matters except for the cases concerning his/her parents, husband (wife), children, as well as other individuals under his/her custody;
(2)    Magistrate may collaborate with publications specialized in literary, scientific or social areas, or with audiovisual shows under the condition that he/she be prohibited from expressing his/her views on internal   policies-related current issues.
(Art.   8 amended by Law nr.   1099-XV from 06.06.2002) (Art.   8 amended by Law no.  373-XV from 07.19.2001)

Chapter III Candidate Nomination for the Office of Judge Appointment of Judges

Article 9.  Candidate for the Office of Judge
The individual who meets the requirements provided for by art. 6 and art. 7, and submits a written request to the Superior Council of Magistracy, may run for the judicial office. The Superior Council of Magistracy registers the respective individual as a candidate after his/her passing the qualification examination.
(Art.   9 amended by Law no.  373-XV from 07.19.2001)

Article 10.  Professional Qualification of the Candidate for Judicial Office
(1)    An individual with a legal career of up to 5 years, but of no less than 3 years, after having passed the examination necessary for being accepted as an intern, is to exercise the internship within a court for a period of time from 6 months to 1 year. The internship shall be exercised under the leadership of a judge appointed by the Superior Council of Magistracy.
(2)    The professional training schedule for the candidate for the office of judge shall be approved by the Superior Council of Magistracy.
(3)    The professional qualification of the candidate for judicial office
shall be considered as a completed one after the qualification examination
has been passed, as provided for by law.
(Art.   10 was amended by Law no.  373-XV from 07.19.2001)
Article 10/1.  Practice of Law-related Professional Experience for Judicial Candidates
(1)    Practice of law-related professional experience that allows for running for the office of judge is the period of time during which the individual licensed to practice the law worked in the position of prosecutor, investigator, attorney, notary, legal consultant, consultant (councilor) to courts, in the legal profession-related positions in the Superior Council of Magistracy support staff, in the central and local public authorities personnel, as well as in the former arbitrage.
(2)    Practice of law-related professional experience is the period of time during which the individual licensed to practice the law exercised the mandate of deputy, worked as a member of the Court of Accounts, professor in law in high education institutions, judicial executor or clerk.
(Art.   10/1 introduced by Law no.   1099-XV from 06.06.2002)

Article 11. Appointment of Judges
(1)    Court judges, including specialized court judges, are appointed from among the candidates for the judicial office by the President of the Republic of Moldova upon the proposal of Superior Council of Magistracy. Candidates who passed the qualification examination, as well as those who previously worked as judges for less than 5 years, shall be first appointed as judges for a 5 year term, if they meet the requirements specified by articles 6 and 7. After the 5-year term has expired judges shall be granted life tenure until they get to 65-year age threshold.
(2)    Judges of the Supreme Court of Justice are appointed by Parliament upon the proposal of the Supreme Council of Magistracy.
(3)    If candidate proposed for the judicial office is rejected by the President of the Republic of Moldova or by Parliament, then the Superior Council of Magistracy, upon new circumstances favorable for the candidate, is entitled to repeatedly nominating the same candidate.
(4)    The rejection, inclusively the repeated rejection of the candidature nominated for judicial office, by the President of the Republic of Moldova or, respectively, by Parliament, represents the basis necessary for the Superior Council of Magistracy to submit the proposal of removal this candidate from the office of judge."
(Art.   11 was amended by Law no.  373-XV from 07.19.2001) (Art.   11 was amended by Law no.   1027 from 12.   06.96)

Article 12.  Oath of Judge
(1) Before starting to exercise his/her position, judge shall be obliged to take the following official oath:
"I swear to respect the Constitution and laws of the country,  to defend the homeland interests,  human rights and liberties,   to honorably, conscientiously and impartially perform my duties".
(2)    Judge shall be sworn in within 10 days from the date of appointment, in an official solemn session of the Superior Council of Magistracy, after the act of appointment has been read to those attending this session.
(3)    A protocol on taking the oath shall be concluded. The Chairman of the Superior Council of Magistracy session and individual who has been sworn in shall sign it.
(4)    It is not necessary to take oath if a judge is promoted or transferred to another position within the corporate body of magistrates.
(5)    Actions taken by the judge before his being sworn in are void.
(6)    Judge who does not meet the requirements provided for by art. 8 shall not be allowed to be sworn in.
(Art.   12 was amended by Law no.  373-XV from 07.19.2001) Article 13. Magistrates' Qualification Degree
Magistrates shall be granted the qualification degree as provided for by law

Chapter IV Magistrates'  Rights and Obligations

Article 14. Magistrates'  Rights
(1)    In order to administrate the justice judges enjoy plenipotentiary powers established by legislation.
(2)    Judges' demands and dispositions related to the administration of judicial activity are compelling for all natural persons and legal entities. Those who do not comply with them shall be held responsible as provided for by law.
(3)    Magistrates have the right to create and be affiliated to trade unions or other organizations so as to represent their interests, to improve their professional skills and defend their status.

Article 15. Magistrates' Obligations
(1)    Judges shall be obliged to execute all legislative requirements related to the administration of justice, to ensure the defense of citizens' rights and liberties, their honor and dignity, protect the interests of society and high culture of judicial activity,  to be impartial and humane.
(2)    While exercising their official functions, as well as in their private and social life unrelated to their official capacity, magistrates shall have the duty to refrain from any acts, which may discredit the justice, compromise magistrates' honor and dignity, or to cast doubts on their objectivity.
(3)    Magistrates shall not have the right to disclose the secret of
deliberation and information obtained within closed sessions.
(4)    Magistrates shall be obliged to deepen their professional knowledge, to study and generalize the judicial practice.
(5)    If a magistrate does not comply with his/her obligations, he/she shall be held responsible as provided for by law.

Article 16.  Judicial Clothing
(1)    During judicial sessions judge shall be obliged to wear the clothing provided for by law.
(2)    State provides judges with free judicial clothing.

Chapter V Guaranteeing Judicial Independence

Article 17.  Judicial Independence Enforcement
Judicial independence shall be enforced by the following:
a)    Procedure of administration of justice;
b)    Procedure of nomination,  suspension,  retirement and dismissal;
c)    Inviolability;
d)    Secret of deliberations and prohibiting any demand to disclose it;
e)    Establishing   liability   for   contempt   of   court,    lack   of   respect   for judges and interference with a court trial;
f)    Creating   organizational   and   technical   conditions   that   are   favorable for the activity of courts;
g)    Ensuring judges' material and social welfare;
h)    Other measures as provided for by law.

Article 18.  Judge's Irremovability
(1)    A court judge shall be irremovable within his/her term of office except for the cases provided for by art.  25.
(2)    Judicial powers may be suspended on the basis and in the way provided for by this law.

Article 19.  The Inviolability of Judges
(1)    The personality of judge shall be inviolable.
(2)    The inviolability of a judge shall be extended to his/her dwelling place and workplace, vehicles and telecommunication means, which he/she uses,  his/her correspondence, goods and personal documents.
(3)    Judge shall not be liable for his/her opinions expressed while exercising his/her official functions, as well as for judgments he/she passed in his/her official capacity unless he/she has been found guilty of criminal abuse by a final sentence.
(4)    Criminal proceedings may be instituted against a judge only by the Prosecutor General upon the consent of the Superior Council of Magistracy, the President of the Republic of Moldova and Parliament.
(5)    A judge shall not be detained, brought by force, arrested or held
criminally liable without the consent of the Superior Council of Magistracy, the President of the Republic of Moldova and Parliament. The judge detained for being suspected of having committed an offence shall be
freed immediately after his/her identity has been established. A judge may be arrested only upon the respective sanction by the Prosecutor General, as well as upon meeting the abovementioned requirements.
(6)    The entering of judge's dwelling place, workplace, his personal vehicle or the one he/she used; control, bodily search and arrest of judge where his/her alleged offence has been committed; interception of his/her phone calls; bodily search of a judge, as well as controlling and sequestration of correspondence, goods and personal documents, shall be allowed only upon the sanction by the Prosecutor General, if criminal proceedings have been instituted,  or upon court decision.
(7)    A judge may be subject to administrative sanctions just upon court decision and consent of the Superior Council of Magistracy. A judge who has been arrested for an alleged administrative offence should be immediately released after his/her identity has been established.
(8)    Criminal or administrative cases related to a court or tribunal judge shall be tried by Appellate Court, which serves as a first instance court in this respect, but a criminal case related to an Appellate Court judge,
Supreme Court of Justice judge or judge assistant, Constitutional Court judge or judge assistant,  shall be tried by the Supreme Court of Justice.
(Art.   19 was amended by Law no.  373-XV from 07.19.2001)
(Art.   19 was amended by Law no.   1027 from 12.   06.96)

Article 20.  Judge's Promotion and Transfer
(1)    Judge's promotion and transfer for an indefinite term shall be carried out only upon his/her consent and proposal of the Superior Council of Magistracy, by the President of the Republic of Moldova or, if necessary, by Parliament.  Promotion shall be carried out on a competition basis.
(2)    Promotion and transfer of the judge to the office of a judge who has been suspended from position, stripped of his/her official functions or dismissed, shall be allowed upon his/her consent (t.n..- consent of the judge who is being promoted and transferred) , by decision of the Superior Council of Magistracy.
(Art.  20 was amended by Law no.  3 73-XV from 07.   19.2001)
(Paragraph 2,  art.  2,  was amended by Law no.   1414-XIII from 12.17.97)

Chapter VI Magistrates'  Disciplinary Liability

Article 21. Magistrates'  Disciplinary Liability
(1)    Magistrates shall be subject to disciplinary liability for deviations from official duties,  as well as for conduct, which damages the interest of judicial office and judicial prestige.
(2)    If the chairmen (vice chairmen) of the courts, including specialized courts,    tribunals   and   those   of   the   Appellate   Court,    do   not   meet   the requirements provided for by art. 27, 28, 33 , 34 and 40 of the Law on the Organization of the Judiciary, they may be subject to removal from the position in the manner provided for their appointment. The President and vice presidents of the Supreme Court of Justice shall be removed from position in the same way for not performing the duties set forth by the Law on the Supreme Court of Justice.
(Art.  21 was amended by Law no.  373-XV from 07.19.2001) Article 22.  Disciplinary Deviations
(1)    The following shall be considered disciplinary deviations:
a)    Serious violation of the legislation in the administration of justice;
b)    Serious violation, by fault of a judge, of the reasonable term for trying cases, which subsequently caused the violation of the individual's right to an equitable process;
c)    Infringing the secret of deliberation and confidentiality of proceedings of secret nature;
d)    Violation of the work discipline;
e)    Public activities of political nature;
f)    Violation of other provisions on incompatibility and interdictions related to magistrates;
(2) Repeal or modification of a judicial decision do not imply liability, if judge who has issued it did not break the law on purpose. Exceptions are the cases when the law has been infringed by negligence, which consequently led to substantial material and moral damages.
(Art.  22 was completed by Law no.  373-XV from 07.19.2001) Article 23.  Disciplinary Sanctions
(1)    Depending upon the gravity of deviations, disciplinary
sanctions shall be the following:
a)    Admonition;
b)    Reprimand;
c)    Severe reprimand;
d)    Removal from position.
(2)    A disciplinary sanction shall be applied within a 6-month term from the date of identifying the disciplinary deviation, but no later than 1 year from the date it has been committed.
(Art.  23 was amended by Law no.  373-XV from 07.19.2001)

Chapter VII Suspension,  Discharging from Official Functions,  Detachment and Removal from Position

(Title of Chapter VII was completed by Law no.  373-XV from 07.19.2001) Article 24.  Suspension from Position
c)    Judge participates in electoral campaign as a candidate for public authority or local public administrative authority position and is elected by these authorities;
d)    Judge is given vacation of up to 3 years;
(2)    In cases provided for by paragraph (1) letter b), the judge's salary shall be paid to his/her family, and in cases provided for by letters c) and d) the salary shall be paid to judge, unless otherwise specified by law.
(3)    Suspension of a judge from position on the grounds enumerated by paragraph (1), except for letter a), does not imply the cancellation of personal inviolability and material and social guarantees.
(4)    Suspension of a judge from position shall be ceased as soon as the judge's innocence is proved. Judge shall be reinstated, as provided by law, with all his/her former rights including financial rights that he/she has been deprived of.
(5)    The way to suspend a judge from his/her position, as well as the manner to appeal the decision of suspension, shall be established by law.

Article 24/1. Discharging a Judge from his/her Official Functions and Detachment of a Judge
(1)Judge may be discharged from his/her official functions under conditions and pursuant to the way provided for by the Electoral Code.
(2)Judge may be detached from position upon his/her consent by the Superior Council of Magistracy in order to exercise a position in the Superior Council of Magistracy personnel or Ministry of Justice.
(3)In cases provided for by paragraph (2), judge shall maintain previous average salary for the entire term of exerting a position in the Superior Council of Magistracy personnel or Ministry of Justice, on the condition that salary established for his/her new position is less than the one of judge.
(4)Detachment of a judge from position may be carried out for a period of time dating from 6 months to 3 years. The term of detachment may be prolonged by the Superior Council of Magistracy only once and for a term of no more than 3 years.
(5)Judge detached shall maintain the status of judge, and period of activities in institutions provided for by paragraph (2) shall be included in the his/her judicial professional experience.
(6)Upon expiry of the term for which judge has been detached from position, he/she shall be conferred upon the prior position of judge he/she used to have before detachment.
(Art.  24/1 was introduced by Law no.  373-XV from 07.19.2001)

Article 25.  Removal of Judge from Position
(1)    The   body   that   appointed   the   judge   shall   remove   him/her   from position in the following cases:
a)    Dismissal,  pursuant to art.  26,  paragraph  (2);
b)    Judge files a resignation request of his/her own, which is based on the grounds that he/she reached the retirement age as for his/her professional experience, or on general grounds, as well as on the grounds of reaching the age threshold.
c)    Systematically committing disciplinary deviations or a serious
disciplinary  deviation,   as   provided   for  by  art.   22,   paragraph
(1);
d)    Passage of a final sentence,  which finds him/her guilty;
e)    Loss of Moldovan citizenship;
f)    Refusal to take the oath or infringement of the oath;
g)    Infringement of art.  8;
h)    He/she does not meet requirements provided for by articles 6 and
7;
i)    He/she is not able to perform his/her official functions of judge on grounds of health, but when judge gets back to work he/she shall not be removed from position;
j) Expiry of his/her powers;
k) Liquidation or  reorganization of  court,   if   judge  refuses  to be
transferred to another court; l) Judge's qualification is found to be insufficient; m) Judge's    limited    capacity    to    perform    official    functions    or incapacity to perform official  functions  are  confirmed by final court decision;
n) Judge's death or if his/her death is confirmed by final court decision;
o) Systematical violation or grave infringement of the Judicial Code of ethics.
(2)    Proposal to remove the judge from position shall be submitted by the Superior Council of Magistracy to the President of the Republic of Moldova or,   if necessary,  to Parliament.
(3)    Manner to remove a judge from his/her position and manner to appeal the decision of removal shall be established by law.
(4)    If the decision to remove the judge from his/her position is repealed then the respective judge shall be reinstated, as provided by law, with all his/her former rights including financial rights that he/she has been deprived of.

Article 26.  Judge's Resignation
(1)    Judge's resignation shall be considered as such in the following cases:
if judge honorably leaves his/her position, or he/she is honorably removed
from position; if while exercising his/her official functions or in his/her
social and private he/she did not commit acts, which are disgracing for
justice and compromise judicial honor and dignity.
(2)    Judge shall be entitled to resignation irrelevant of age in the
following cases:
a)    Filling a resignation request;
b)    Expiry of powers;
c)    Incapacity to work confirmed by medical certificate.
(Paragraph 2,  art.  26,  was amended by Law no.  1099-XV from 06.06.2002)
(3)    Judge who resigned shall keep the title of magistrate, his/her
affiliation to corporate body of magistrates and guarantees of personal
inviolability;
(4)    Judge who resigned or was pensioned shall receive a non-recurrent resignation pay equal to the number resulting from multiplying his/her average monthly salary by the number of years during which he/she fully worked in position of judge, but no less than 6 average monthly salaries.
At the same time, the calculation of non-recurrent resignation pay for judge who resigned and got back to the position shall take into account the period of time within which he/she worked as a judge from the date when
his/her last resignation ended.
(5)    Judge who resigned shall be entitled to professional experience pension or to a monthly life annuity,  as defined by this law.
(6)    If judge who resigned has worked in judicial position for at least 20 years, then he/she shall be entitled to a monthly life annuity of 80 %; from 25 to 30 years - of 85 %; from 30 to 35 years - of 90%; from 35 to 40 years - of 95 %; from 40 to more - of 100 %, of the average salary paid for the respective judicial position, and the indexation of the salary shall also be taken into account in this respect. While recalculating the monthly life annuity, the amount of salary of an active judge shall be taken into account.
(Paragraph 6, art. 26, was completed by Law no. 1099-XV from 06.06.2002.The respective amendment shall go into effect on 01.01.2003)
(7)    If judge who resigned has worked in judicial position for less than 20 years and reached the age of 50, then monthly life annuity shall be calculated proportionally according to the number of years during which she/he worked in judicial position.
(8)    Judge who resigned shall be entitled to work in the area of justice.
(9)    Judge who resigned can perform the functions of an absent judge, or perform judicial functions in a vacant position of judge, for no more than 1 year, or can exercise other positions in the sphere of justice, by the order of the Minister of Justice or the President of the Supreme Court of Justice,  upon the proposal of the Supreme Council of Magistracy.

(10)    If judge who resigned temporarily performs the functions of an absent judge or performs judicial functions in a vacant position of judge, or exercises another position in the sphere of justice, he/she shall receive a monthly life annuity and be remunerated according to art.  28.
(11)    Judge shall be considered as a resigned one as long as he/she respects the provisions of art. 8, keeps the citizenship of the Republic of Moldova and does not commit acts, which discredit the justice and compromise the judicial honor and dignity.
(12)    If the Superior Council of Magistracy ascertains that judge who
resigned does not respect the requirements provided for by this law, it
shall cease judge's resignation. The respective judge can appeal the
Superior Council of Magistracy's decision of ceasing his/her resignation in
the Supreme Court of Justice within 10 days from the date he/she received
the copy of this decision.
(13)    Judge's   resignation   shall   be   ceased   including   upon   his/her   being repeatedly appointed for the position of judge. (Art.  26 amended by Law no.  429-XV from 07.27.2001)
(The amendment introduced by the Law no. 934-XIV from 04.14.2000 shall be declared unconstitutional according to the decision no. 40 from 12.07.2000 of the Constitutional Court)
(Art.  26 was amended by the Law no.934-XIV from 04.14.2000) (Art.  26 was amended by the Law no.  552-XIV from 0 7.28.00)
(The validity of paragraph 4,   art.   26,   shall be suspended during the year of 1999 by the Law no.  216-XIV from 12.12.98) (Art.  26 was amended by the Law no.   1592-XIII from 02.27.98)

Article 26/1. Maintaining Judicial Powers
The powers of judge who was transferred, discharged from his/her official functions, detached, suspended or removed from position during his/her examining a criminal or civil case in termination phase, shall be maintained until the conclusion of the examination of the respective case only if  judge was removed from position on the basis of art.   25,  paragraph
(1) ,  letters b),  j)  and k);  and art.  26,  letters a)  and b) .
(Art.  26/1 was introduced by Law no.  373-XV from 07.19.2001)
Chapter VIII State Protection of Judge Providing Judge with Material and Social Security

Article 27.  State Protection of Judge and his/her Family Members
(1)    Judge, his/her family members and their property, shall be under state protection. At the request of judge, the President of the Supreme Court of Justice or Minister of Justice, law enforcement agencies, shall be obliged to take appropriate measures in order to ensure the security of judge, his/her family members and integrity of their goods.
(2)    Attempt on judge's life and health, destruction of or damaging his/her goods, threatening a judge with death, violence, or damaging his/her goods, defaming or insulting a judge, as well as attempt on his/her close relatives' life and health (parents, wife, husband, children), shall imply liability as provided for by law. Judge is entitled to being provided with security means by law enforcement bodies.

Article 28.  Remuneration of Judge
(1)    Judge shall enjoy salary and supplements for qualification degree and professional experience, as well as an increase equivalent to 50 % of his/her salary. Supplements for qualification degree, professional experience, accomplishing tasks of major importance, speaking two or more languages of which one is official state language in case these languages are used in the administration of justice, shall be taken into account. Judge's salary may not be reduced and shall be indexed in accordance with the inflation course provided for by legislation.
(2)    The quantum of the increase for qualification degree, professional experience, as well as of other types of increase, shall be established by Parliament.   The  quantum  of   the   increase   for  using   languages,   an  increase provided for by paragraph 1, shall add up to an equivalent of 2 5 % of his/her salary. This increase shall be conferred upon a judge according to the limits of the state budget allocations for courts.
(Paragraph 2, art. 28, was amended and completed by Law no. 162-XV no. 162-XV from 05.17.2001)
(3)    Judges who have scientific title of Doctor of Law shall receive a supplement equivalent to 5 % and respectively 10 % of their salary.
(4)    Judges shall also enjoy other supplements and allowances provided for by normative acts.
(5)    The salary,  without increase and supplements,   shall be equivalent to:
a)    90 % of the salary of the President of the Republic of Moldova - for the President of the Supreme Court of Justice;
b)    95 % of the salary of the President of the Supreme Court of Justice -for the Vice President of the Supreme Court of Justice;
c)    90% of the salary of the President of the Supreme Court of Justice -for members of the Supreme Court of Justice;
d)    90 % of the President of the Supreme Court of Justice - for the President of the Appellate Court;
e)    95 % of the salary of the President of the Supreme Court of Justice -for the Vice President of the Appellate Court;
f)    90 % of the salary of the President of the Appellate Court - for an Appellate Court judge;
g)    90 % of the salary of the President of the Appellate Court - for a tribunal chairman;
h)    95 % of the salary of tribunal chairman - for a tribunal vice
chairman;
i)    90% of the salary of tribunal chairman - for a tribunal judge;
j) 90% of the salary of tribunal chairman - for a court chairman;
k) 95% of the salary of court chairman - for a court vice chairman;
l)  90 % of the salary of court chairman - for a court judge.
(Art.  28 was amended by Law no.   1099-XV from 06.06.2002) (Art.  28 was amended by Law no.   162-XV from 17.05.2001) (Art.  28 was amended by Law no.   1414-XIII from 12.17.97)

Article 29.  Judge's Vacation
(1)    Judge is entitled to one annual 3 0 workdays' vacation.
(2)    If a judge has worked in judicial position for no more than 5 years, his/her vacation shall be increased by 2 workdays; from 5 to 10 years - by 5 workdays; from 10 to 15 years - by 10 workdays; for more than 15 years - by 15 workdays.
(3)    Minister of Justice shall give vacation to the following: court, tribunal, Appellate Court and specialized courts chairmen and vice chairmen.
(4)    The President of the Supreme Court of Justice shall give vacation to the following: college chairmen and Supreme Court of Justice judges.
(Paragraph   (4)  was amended by Law no.  1027 from 12.06.96)

Article 30.  Providing Judge with Residence
(1)    In case a judge is not provided with residence or it is necessary to improve the state of his/her dwelling place, or if he/she has not been given the supplementary due area of 15 m2, then the local public administration authority shall be obliged to provide the judge with residence (apartment or house) within no more than 6 months from the date when the abovementioned circumstances came out, taking into account the supplementary due area of 15 m2.
(2)    After having worked in judicial position for no less than 10 years, judge shall be granted the residence for free as a private property.
(Paragraph 3,  art.  30,  was excluded by Law no.  934-XIV from 04.14.200) (Other paragraphs were renumbered)
(The effectiveness of paragraph 3, art. 30, shall be suspended within the year of 1999 by Law no.  216-XIV from 12.12.98)
(The effectiveness of art. 30, paragraph (3), shall be suspended within the year of 1998 by Law no.   96-XIV from 07.16.98)
(The effectiveness of paragraph 3, art. 30, shall be suspended within the year of 1997 by Law no.   1127-XIII from 03.21.97)
(3)    In case judge has not been given a dwelling space under the
conditions provided for by paragraph (1), then within the period of time
till judge is granted a dwelling space, he/she shall be entitled to a
compensation, which shall be paid by the institution where he/she works,
for the expenses related to a temporary dwelling space rental (sub-
rental). The amount of compensation shall be equal to the quantum
provided for by the dwelling space rental (sub-rental) agreement and
shall not exceed the tenant's salary.
(Paragraph 3, art. 30, was amended by Law no. 934-XIV from 04.14.2000) (The effectiveness of paragraph 3 (4), art. 40, shall be suspended within the year of 1999, except for the reimbursement of the expenses for dwelling space rental, by the Law no. 216-XIV from 12.12.98) (The effectiveness of paragraph (4), art. 30, shall be suspended within the year of 1998, except for the reimbursement of the expenses for dwelling space rental,  by Law no.  96-XIV from 07.16.98)
(4)    The family of defunct judge shall be entitled to a dwelling space
based on grounds existent on the date of death.

Article 31.  Other Social Guarantees
Judge and members of his/her family shall enjoy a minimum necessary free medical care and other social guarantees provided for by the Law on Public Service.
(Art.  31 was introduced by Law no.  429-XV from 07.27.2001)
(The amendment introduced by Law no. 934-XIV from 04.14.2000, shall be declared unconstitutional according to the Constitutional Court's decision no.  40 from 12.07.2000)
(Art.  31 was excluded by Law no.   934-XIV from 04.14.2000)

Article 32.  Providing for Pension
(1) Judge who reached the age of 50 and has a professional experience of no less than 20 calendar years shall be entitled to professional experience pension equal to 55 % of his/her average salary, and for each complete year during which a  judge worked after a professional  experience  of  20  years  ¬to supplementary 3%. In all, the pension shall not exceed 80 % of his-her average salary. The indexation of salary shall also be taken into account in this respect. While recalculating the pension of judge, the amount of salary of an active judge shall be taken into account.
(Paragraph 1, art. 32, was completed by Law no. 1099-XV from 06.06.2002.This amendment shall go into effect on 01.01.2003)
(2)    The provisions of paragraph (1) shall be also applied to judges who
worked in international courts, and the average salary of judge of the
Supreme Court of Justice shall be taken into account.
(Paragraph 2,  art.  32,  was completed by Law no.   1099-XV from 06.06.2002.)
(3)    Professional experience pension shall be entirely paid to judge in position.
(4)    After having retired, judge shall have the right to become employed and receive both the pension and the salary entirely.
(Art.  32 was amended by Law no.  429-XV from 07.27.2001)
(Art. 32 is declared unconstitutional by the Constitutional Court's decision no.  4 from 01.27.2000)
(Art.  32 was amended by Law no.  552-XIV from 07.28.99)
(The effectiveness of paragraphs 2 and 3, art. 32, shall be suspended within the year of 1999 by Law no.  216-XIV from 12.12.98)

Art.  33.  State Insurance and Compensation Payments
(1)    Judge's life, health and goods shall be subject to obligatory state insurance. This insurance shall be carried out on the basis of state budget. The obligatory state insurance of judge's life and health shall be equal to money he/she received during 15 years of employment in his/her last position.
(2)    Insurance shall be paid in case of:
a)    Violent death or demise of active judge, if the demise was caused by bodily injuries or other injuries inflicted upon his/her health, or by a work-related accident - to his/her successors, in form of non-recurrent compensation equal to the number resulting from multiplying the dead judge's annual average salary by complete years he/she did not survived to work to reach the age threshold. This non-recurrent compensation shall be of no less than 15 annual average salaries.
b)    Mutilation of judge or other injuries inflicted upon his/her health, or mutilation, or other injuries inflicted upon the health of judge as a result of a work-related accident, which makes it impossible for him/her to continue his/her professional activity and caused the loss of the full capacity to work - in form of a non-recurrent compensation equal to the maintenance amount of money he/she received during 15 years of employment.
c)    Infliction of bodily injures upon an active judge or other violent injuries upon his/her health, or bodily injuries caused by work-related accident, which did not lead to the loss of capacity to work, but exclude
the possibility to continue  the professional  activity -  in form of  a non- recurrent compensation equal to maintenance amount of money he/she receives during 1 year of employment.
d)    Mutilation of an active judge or other violent injuries inflicted upon his/her health, or mutilation or other injuries inflicted upon his/her health caused by work-related accident, which exclude the possibility to continue the professional activity - in form of monthly compensation equal to the salary he/she received as a judge. Disability pension or other types of pensions established until or after the loss of ability to continue the professional activity shall not be included in the calculation of reparations for injuries he/she suffered. At the same time, the calculation of reparations for injuries shall not include the salary, which the judge received after injury, as well as the compensations received on the basis of state insurance.
e)    Violent death or demise of judge as a result of bodily injuries or other injuries inflicted upon his/her health, or as a result of a work-related accident - to members of his/her family who are unable to work and whom he/she used to keep up, in form of monthly allowance equal to the difference between their part of defunct judge's salary they used to enjoy and pension established upon the loss of the judge who supported the family, the Non-recurrent compensation shall not be taken into account in this respect.
(3)    In case of demise of an active judge, his/her family shall be paid a non-recurrent compensation of an amount and under conditions provided for by art.  2 6   (paragraph 4).
(4)    In case of demise of an active judge, resigned or retired judge, his/her family shall be paid a compensation of demise equal to two monthly average salaries of judge in the respective position.
(5)    Material damages caused in relation to judges' official functions, by deterioration or destruction of his/her goods, the ones of his/her family members and his/her close relatives, shall be entirely recovered from the state budget.
(Art.  33 was amended by Law nr.   1099-XV from 06.06.2002) (Art.  33 was completed by Law no.  429-XV from 07.27.2001)
(The amendment introduced by Law no. 934-XIV from 04.14.2000, shall be declared unconstitutional pursuant to the Constitutional Court's decision no.  40 from 07.12.2000)
(Letter a)  shall be excluded by the Law no.   934-XIV from 04.14.2000) (Others shall be renumbered)
(Art.  33 was amended by Law nr.   934-XIV from 04.14.2000)
(The effectiveness of letter a), paragraph 2, art. 33, shall be suspended within the year of 1999 by the Law no.  216-XIV from 12.12.98)
(The effectiveness of letter a), paragraph (2), art. 33, shall be suspended within the year of 1998 by the Law no.  96-XIV from 07.16.98)

Article 34.  Judge's Identity Card
(1) Judge shall receive an identity card of a type approved by the President of the Republic of Moldova or,   if necessary,  by Parliament.
(2)    Judge's identity card shall serve as an identity document on the entire territory of the republic.
(3)    Judges who resigned and retired shall also be included into the scope of this article.

Chapter X Final and Transitory Dispositions

Article I
This law shall go into effect from the date of its publication. Article II
Laws and other normative acts shall stay effective except for those parts, which are incompatible with this law.

Article III
(1)    It shall be considered that chairmen, vice chairmen and judges from district, municipal (sector) courts, who were active on the date this law was passed, meet all the requirements provided for these positions and are irremovable during the term they have been appointed for.
(2)    The provisions of this law that are related to compensations shall be extended to retired judges or judges who were removed from position upon the expiry of their powers, if the respective judges worked in judicial position for no less than 15 years.
(3)    Judges who retired from position, irrelevant of the date of retirement, shall fall into the limits of art.  26 and art.  32.
(4). Persons specified in paragraph (3) shall be granted monthly life annuity or, if necessary, pension paid from the state budget, by taking into account their respective judicial salary as well as supplements for qualification degrees (if judge was granted any) and professional experience. The payments shall be made in judge's last place of work or in the courthouse whose territorial parameters include judge's residence.
(Art.   III was amended by Law nr.   1099-XV from 06.06.2002)

Article IV
(1)    The Supreme Court of Justice judges transferred on grounds of job- related interests, under conditions provided for by this law, to positions with a lower remuneration, shall enjoy the previous salary, increases and supplements.
(Paragraph   (1)  was amended by Law no.  1027 from 12.   06.96)
(2)    Civil servants from the Superior Court of Justice personnel transferred on grounds of job-related interests to positions with lower remuneration shall enjoy the previous salary for 3 months.

Article V
The Superior Council of Magistracy,  until December 1,   1995,   shall submit to Parliament the Supreme Court of Justice's list of candidates for the office of  judge,   and  to  the  President  of  the  Republic  of  Moldova  -  the  list  of candidates for the office of judge within tribunals and Appellate Court. (Art.   V was amended by Law no.   1027 from 12.06.96)

Article VI
Government,  within 3 months from the date this law was passed:   shall bring its normative acts in compliance with this law.
(Art.   VI was amended by Law no.   822-XV from 02.07.2002)
(Art. VI is declared unconstitutional by the Constitutional Court's decision no.  35 from 12.   01.97)
Chairman of Parliament Petru Lucinschi

Chisinau,  July 20,   1995 No.   544-XIII

No. 241-XVI of 20 October 2005
CHAPTER I General Provisions

Article 1. Scope of the Law
The present Law regulates legal relationships concerning:
a)    preventing and combating trafficking in human beings;
b)    assistance framework for preventing and combating trafficking in human beings, for protection, and for granting assistance to victims of such trafficking;
c)    cooperation of public administration authorities with non-governmental organizations and other representatives of civil society in preventing and combating trafficking in human beings;
d)    cooperation with other states and international and regional organizations competent in the field.

Article 2. Main Terms
in the present law, the following main terms will be used:
1)    trafficking in human beings - recruitment, transportation, transfer, harbouring or receipt of a person, by means of threat of force or use of force or other forms of coercion, of abduction, fraud, deception, of abuse of authority or a situation of vulnerability, or by means of offering or receiving payments or benefits of any kind in order to obtain the consent of a person who has control over another person for the purpose of exploitation of the latter;
2)    trafficking in children - recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation, even if these actions were not accomplished through any of the means provided in sub-paragraph 1);
3)    exploitation of a person - abuse of a person in order to obtain profit, namely:
a)    compelling to perform work or services, by use of force, threats or other forms of coercion, in violation of the legal provisions connected to labour conditions, remuneration, health and security;
b)    slavery, use of certain practices similar to slavery, or resorting to other ways of deprivation of liberty;
c)    compelling to engage in prostitution, to participate in pornographic performances, with a view to the production, distribution and any introduction into circulation of such performances, the acquisition, sale or possession of pornographic material, or practicing other forms of sexual exploitation;
d)    compelling harvesting of organs or tissues for transplantation or collection of other component parts of the human body;
e)    using a woman as a surrogate mother or for reproductive purposes;
f)    abuse of child's rights with a view to illegal adoption;
g)    use in armed conflicts or in illegal military formations;
h)    use in criminal activities;
i)    compelling to engage in begging;
j) sale to another person;
k) compelling to engage in other activities that violate fundamental human rights and freedoms.
The consent of a victim of trafficking in human beings to the intentional exploitation, stipulated in sub-paragraph 3), is irrelevant when any of the means of coercion specified in sub-paragraph 1) are employed;
4)    child - any person under 18 years of age;
5)    document - passport or identity card or any kind of travel documents of the person subject to exploitation;
6)    seizure of documents - depriving by any means the person subject to exploitation of the documents mentioned in sub-paragraph 5);
7)    debt bondage - the state of a person deprived of freedom, including the freedom of movement or holding hostage until he/she or a third party reimburses a legally or illegally established debt;
8)    slavery - state or condition of a person over whom one or all entitlements flowing from a right of ownership are exercised;
9)    slavery-like practices - state of a person who is kept or forced in a situation in which another person exercises mastery over him/her or forces him/her through deception or threats of violence, violence or other means of coercion to offer certain services, including to enter into or to remain as a concubine or in a marital relationship;
10)    state of vulnerability - special state in which a person is found such that he/she is
inclined to be abused or exploited, especially due to:
a)    his/her precarious situation from the standpoint of social survival;
b)    situation conditioned upon age, pregnancy, illness, infirmity, physical or mental deficiency;
c)    his/her precarious situation due to illegal entry or stay in a country of transit or destination;
11)    victim of trafficking in human beings - a natural person presumed or found to be subjected to acts of trafficking as provided for in sub-paragraphs 1) and 2).
12)    trafficker in human beings - a person who participates in the organizing and carrying out of activities of trafficking in human beings;
13)    identification of victims of trafficking in human beings - the process of verification of persons presumed to be victims of trafficking in human beings.

Article 3. Legal Framework
The legal framework for the activity of preventing and combating trafficking in human beings and for protection of victims of trafficking is constituted by the Constitution of the Republic of Moldova, the international treaties to which the Republic of Moldova is a party, the present law, and other normative acts that regulate relationships in this field.

Article 4. Basic Principles of Combating Trafficking in Human Beings
Combating trafficking in human beings shall be carried out on the basis of the following principles:
a)    observance of human rights and fundamental freedoms;
b)    acknowledgment of trafficking in human beings as a crime affecting the fundamental
human rights, dignity, liberty and integrity of human beings;
c)    inevitability of punishment for traffickers in human beings;
d)    legality;
e)    free access to justice;
f)    ensuring security and a fair attitude towards victims of trafficking in human beings;
g)    holistic use of preventive measures: legal, political, socio-economic and informational;
h)    social partnership, collaboration of public administration authorities with international
organizations, non-governmental organizations, and other representatives of civil society;
i)    proportionality between the observance of fundamental rights of victims of trafficking
in human beings and the conditions of criminal prosecution, in a manner that is not harmful to
the rights of the defendant;
j) equal treatment of all forms and types of national and transnational trafficking in human beings, whether or not related to organized crime, etc.,;
k) collaboration of competent public administration authorities and organizations of other states with international organizations in order to achieve the objectives of combating trafficking in human beings.

Article 5.      Non-Discrimination
implementation of the provisions of the present Law, especially measures for the protection of the rights of victims of trafficking in human beings, shall be ensured without discrimination on any criteria, such as: sex, race, language, religion, political or other opinion, social or national origin, citizenship, association with an ethnic minority, etc.,.

CHAPTER II Institutional Framework. Preventing and Combating Trafficking in Human Beings

Article 6.      Authorities Competent to Prevent and Combat Trafficking in Human Beings
(1)    in order to increase the efficiency of activities to prevent and combat trafficking in human beings, especially in women and children, public administration authorities listed in the present chapter, non-governmental organizations and other representatives of civil society shall engage, separately or in combination, in such activity.
(2)    While performing activities to prevent and combat trafficking in human beings, public administration authorities listed in the present chapter shall collaborate among themselves through exchange of information, sharing experts, carrying out joint activities of victim examination and identification, personnel training, conducting socio-economic initiatives, as well as through other activities in the field.
(3)    Non-governmental organizations and international organizations with activities in the field and represented in the Republic of Moldova shall be provided free rein when contributing to shaping the institutional framework and to activity to prevent and combat trafficking in human beings.

Article 7.      National Plan for Preventing and Combating Trafficking in Human Beings
(1)    For the purpose of preventing and combating trafficking in human beings, as well as for
the protection of victims of such trafficking, the Government shall approve the National Plan for
Preventing and Combating Trafficking in Human Beings (hereinafter referred to as the National
Plan).
(2)    The National Plan shall be approved periodically for a two-year term. It shall regulate the implementation of holistic measures and the realization of socio-economic initiatives aimed at preventing and combating trafficking in human beings as well as at protecting victims of such trafficking, including collaboration with international organizations, non-governmental organizations, other institutions and representatives of civil society.
(3)    Central and local public administration authorities empowered in the field of preventing and combating trafficking in human beings shall adopt their own action plans for realization of the National Plan in their fields of activity.

Article 8.       National Committee for Combating Trafficking in Human Beings
(1)    Coordination of activity to prevent and combat trafficking in human beings and
cooperation of public administration authorities with international organizations, non-governmental organizations, other institutions and representatives of civil society [in such activities], shall be carried out by the National Committee for Combating Trafficking in Human Beings (hereinafter referred to as the National Committee).
(2)    The National Committee is a consultative body of the Government.
(3)    The nominal composition of the National Committee and its Regulation shall be
approved by the Government. The procedure for appointment and revocation of the members of the
National Committee shall be regulated by the Regulation of the National Committee.
(4)    The National Committee shall have the following powers:
a) to submit to the Government proposals on the fundamental elements of state policy in the field of preventing and combating trafficking in human beings and recommendations aimed at improving the activity of detection and elimination of the causes and conditions facilitating the appearance of trafficking in human beings and activities of trafficking in human beings;
b)    to regulate implementation of the National Plan and observance of legislation on
preventing and combating trafficking in human beings by state institutions and organizations, and to
report to the Government on the means of implementation of the National Plan;
c)    to collect and analyse information about the scope, conditions and trends of trafficking in human beings at the national level;
d)    to submit proposals for legislative improvements in the field of preventing and combating trafficking in human beings and protection of victims of such trafficking;
e)    to organize public awareness raising campaigns on issues of trafficking in human beings and social dangers of this phenomenon;
f)    to coordinate the activity of territorial commissions for combating trafficking in human beings and specialized institutions with respect to realization of the National Plan and performance of actions to prevent and combat trafficking in human beings;
g)    periodically to assess and monitor the process of realization of the National Plan and to inform the Government and civil society about the results obtained.
(5)    The National Committee is comprised by representatives of public administration authorities, including law enforcement bodies, and organizations carrying out activities to prevent and combat trafficking in human beings.
(6)    Representatives of non-governmental organizations and international organizations that have their representation offices in the Republic of Moldova and are involved in activities to combat trafficking in human beings and grant assistance to victims of such trafficking, may attend the meetings of the National Committee, with the right to a consultative vote, and they shall be included in the composition of the National Committee and the territorial commissions for combating trafficking in human beings.
(7)    Organizational matters of the National Committee are ensured by a secretary, appointed by its Chairman.
(8)    The National Committee shall submit to the Government periodically, but not less frequently than once per year, by February1st, as well as upon request, a report on its activity. At any other time central public administration authorities may request information from the National Committee on the state of observance of legislation on preventing and combating trafficking in human beings.

Article 9.       Territorial Commissions for Combating Trafficking in Human Beings
(1)    For the purpose of coordination of activities to prevent and combat trafficking in human beings in districts, municipalities, and the autonomous territorial unit of Gagauzia, territorial commissions for combating trafficking in human beings shall be created within the executive bodies of the respective representative authorities. In the Chisinau Municipality, such commissions shall also be created within sectors.
(2)    The territorial commissions for combating trafficking in human beings shall have the following functions:

a)    to organize and coordinate activity to prevent and combat trafficking in human beings, protection and assistance to victims of such trafficking, and collaboration between local public administration authorities, law enforcement authorities, non-governmental organizations, institutions and other representatives of civil society working in this field;
b)    to implement the measures set out in the National Plan at the local level;
c)    periodically to assess and monitor on-site activities to prevent and combat trafficking in human beings carried out by state bodies and to inform and submit proposals regarding improvement of the effectiveness of these activities to the respective representative authorities and the National Committee;
d)    to grant assistance in drafting research programs and assessments and collecting statistical data regarding trafficking in human beings;
e)    to implement training programmes regarding preventing and combating trafficking in human beings for vulnerable persons and civil servants involved in such activities.
(3)    The Regulation of the territorial commissions for combating trafficking in human beings shall be approved, respectively, by district councils, municipal councils, and the General Assembly of the autonomous territorial unit of Gagauzia on the basis of the Framework Regulation approved by Government decision.
(4)    The territorial commission shall submit to the respective representative authority and the National Committee a periodic activity report not less frequently than once per year, by the 15th of January.

Article 10.     Functions  of Public Administration Authorities  in the Field  of Preventing and Combating Trafficking in Human Beings
(1) In conformity with their functions:
1)    The Ministry of Interior, Ministry of Foreign Affairs and European Integration, Intelligence and Security Service, and National Migration Bureau shall develop a list of states that pose an increased risk of trafficking in human beings and shall bring such list to the attention of interested bodies;
2)    The Ministry of Foreign Affairs and European Integration, Intelligence and Security Service, Ministry of Interior, Frontier Guard Service, and National Migration Bureau shall take necessary actions to forbid [presence] on the territory of the Republic of Moldova by foreign citizens and stateless persons, where there is accurate information that they are traffickers in human beings;
3)    The Frontier Guard Service shall undertake measures to prevent and combat trafficking in human beings through prevention, detection, and deterrence of attempted border crossings of the state border by traffickers in human beings, as well as illegal border crossings of the state border by victims of trafficking in human beings;
4)    The Ministry of Health and Social Protection:
a)    shall, with the assistance of the National Employment Agency, implement information activities on topics related to the situation in the labour market, vocational training programmes, or incentives for employment, by offering labour mediation services, professional information and counselling, vocational orientation and training, as well as consultations and assistance in starting a business activity;
b)    shall, through social assistance bodies, ensure to victims of trafficking in human beings information and counselling and extend to them the facilities provided by law for socially marginalised persons;
c)    shall develop medical assistance programs, including psychiatric assistance, and
designate the medical institutions that will offer such assistance to victims of trafficking in human
beings;
5)    The Ministry of Education, Youth and Sports shall, in cooperation with other interested
ministries, local public administration authorities, and non-governmental organizations working in
this field, develop educational and training programmes for teachers, parents, children, and at-
risk groups aimed at eliminating all the causes and conditions that encourage trafficking in
human beings, especially in women and children;
6)    The National Migration Bureau shall issue, as provided by law, immigrant certificates valid for a certain period to foreign citizens and stateless persons who are victims of trafficking in human beings;
7)    The Ministry of Foreign Affairs and European Integration shall contribute to preventing and combating trafficking in human beings, especially through organizing and participating in negotiations in order to conclude international treaties with other states and international organizations in the field of trafficking in human beings, as well as through granting assistance and protection to trafficked persons abroad, within the limits of international legal provisions;
8)    The Ministry of Information Development shall ensure the identification of victims of trafficking in human beings and shall issue residence permits or, as the case may be, identity cards to victims of trafficking in human beings who are foreign citizens or stateless persons, where their stay [in Moldova] is necessary due to their personal circumstances or due to their participation in criminal proceedings against the trafficker, under the conditions stipulated in paragraph (6) of Article 24;
9)    The Ministry of Economy and Commerce, together with other interested ministries and
departments, shall develop and implement socio-economic programmes aimed at the removal of the
economic causes and conditions encouraging illegal migration, including trafficking in human
beings;
10)    The Ministry of Justice shall submit every 6 months the list of non-governmental organizations engaged in activities to prevent and combat the trafficking phenomenon and to assist and protect victims of trafficking. The Ministry of Justice, jointly with other central public administration authorities specified in this Article, shall prepare draft normative acts to regulate relations in the sphere of preventing and combating trafficking in human beings, as well as granting protection and assistance to victims;
11)    The centres for assistance and protection of victims of trafficking in human beings shall issue provisional identity documents for the period of accommodation, with the possibility of extension as provided in Article 17.
(2)    The central public administration authorities competent in preventing and combating trafficking in human beings, the local public administration authorities, and the territorial commissions for combating trafficking in human beings shall systematically organize informational awareness-raising campaigns for the population and shall develop and distribute publicity materials on the risks that potential victims of trafficking in human beings can be exposed to, in active collaboration with mass-media.
(3)    The public administration authorities mentioned in the present Article shall periodically inform the National Committee about the actions undertaken to prevent and combat trafficking in human beings, by presenting proposals to increase the efficacy of these activities.

Article 11.     Functions of Law Enforcement Bodies in the Field of Preventing and Combating Trafficking in Human Beings
(1)    The Ministry of Interior and its central and territorial subdivisions shall:
a)    carry out activities to prevent and combat trafficking in human beings through prevention, detection, and deterrence of crimes related to trafficking in human beings in accordance with effective legislation by conducting criminal prosecution in criminal cases of trafficking and other related actions;
b)    ensure, upon request, the physical protection of victims of trafficking in human beings throughout criminal proceedings and grant other assistance and protection according to this Law and other normative acts in this field.
(2)    The Ministry of Interior, through its organizations specialized in preventing and
combating trafficking in human beings, shall carry out operative investigative activities, criminal
prosecution, international cooperation for the identification and protection of victims of trafficking in human beings, analysis and intelligence and shall facilitate the creation of regional centres for preventing and combating trafficking in human beings.
(3)    The Ministry of Interior, supported by other ministries and departments, shall develop, administer and maintain an updated database regarding the phenomenon of trafficking in human beings, whilst respecting the confidentiality of the personal data of victims of trafficking in accordance with Article 21 o f the present Law.
(4)    The Ministry of Interior, jointly with the General Prosecutor's Office, shall carry out studies aimed at detecting and eliminating the causes and conditions encouraging trafficking in human beings and shall publish each semester in the mass media the statistical information and analytical reports on preventing and combating trafficking in human beings and protecting victims.
(5)    The General Prosecutor's Office, within the scope of its competence, shall carry out activities to prevent and combat trafficking in human beings in compliance with effective legislation, shall coordinate, conduct, and perform criminal prosecution in cases related to such trafficking, shall represent the state prosecution in courts, shall supervise the observance of human rights, including of victims of trafficking, and shall take other necessary measures in this field. Within the General Prosecutor's Office, a specialized subdivision for preventing and combating trafficking in human beings shall be established.
(6)    The Intelligence and Security Service and its territorial bodies shall carry out activities to prevent and combat trafficking in human beings through detection of connections of international organizations and organized criminal groups with traffickers in human beings, as well as through other activities carried out within its terms of reference.
(7)    A coordinating council of law enforcement bodies with functions in the field of combating of trafficking in human beings shall be created by the General Prosecutor.
(8)    The law enforcement bodies shall submit annually, not later than the 10th of January, to the coordinating council of the General Prosecutor, reports on the observance within the country of legislation on preventing and combating trafficking in human beings; also the General Prosecutor shall submit these respective reports to the National Committee by the 20th of January.

Article 12.     Activity of Non-Governmental Organizations in the Field of Preventing and Combating Trafficking in Human Beings
(1)    In order to prevent and combat trafficking in human beings, to provide protection and assistance to victims, and to coordinate current activities, international organizations represented in the Republic of Moldova and non-governmental organizations active in this field may cooperate with public administration authorities and competent bodies, in compliance with their statutes and regulations, and may organize information campaigns on trafficking in human beings and the risks to which victims of such trafficking are exposed.
(2)    Non-governmental organizations may establish centres for the protection and assistance of victims of trafficking in human beings.
(3)    Non-governmental organizations shall carry out activities of identification of victims of trafficking in human beings, grant legal and other kinds of protection and assistance to victims, and take other measures and actions to prevent and combat such trafficking in accordance with their statute.

Article 13.     Special Provisions in the Field of International Transportation
The respective agencies and structures in the field of international transportation are obliged to verify whether all passengers possess the documents necessary to enter the country of destination.
Article 14.    Vocational Training and Education of Personnel
(1)    The state shall guarantee vocational training and education of employees in law enforcement authorities, migration bodies, and other authorities in the field of preventing and combating trafficking in human beings.
(2)    Such vocational training and education of personnel shall be based on the methods of preventing and combating trafficking in human beings, the most advanced techniques for conducting criminal investigation in cases of trafficking in human beings, including trafficking in children, the observance of the rights and interests of victims of trafficking and on the most advanced forms of their protection.
(3)    The vocational training and education of personnel shall comprise methods and forms of collaboration of public administration authorities with representations of international and regional organizations in the Republic of Moldova, non-governmental organizations, other institutions and representatives of civil society, as well as methods and forms of cooperation and collaboration of public administration authorities, organizations and institutions of the Republic of Moldova with interested authorities, organizations and institutions of other states and with international and regional organizations.

CHAPTER III Protection and Assistance of Victims of Trafficking in Human Beings

Article 15.     Identification of Victims of Trafficking in Human Beings
identification of victims of trafficking in human beings shall be carried out by the competent public authorities with the support of non-governmental organizations or by non¬governmental organizations that have reasonable grounds to believe that a person is a victim of such trafficking.

Article 16.     Social Rehabilitation of Victims of Trafficking in Human Beings
social rehabilitation of victims of trafficking in human beings shall be carried out in order to reintegrate them back into a normal way of life and shall include the provision of legal and material assistance, psychological, medical and professional rehabilitation, employment, and a dwelling space.

Article 17.    Centres for Protection and Assistance of Victims of Trafficking in Human Beings
(1)    The centres for protection and assistance of victims of trafficking in human beings (hereinafter referred to as centres) shall be specialized institutions providing civilized conditions of accommodation and personal hygiene, nutrition, emergency legal, social, psychological and medical care, security and protection, as well as assistance with contacting relatives.
(2)    The centres may be established by:
a)    the Government, on the proposal of the National Committee;
b)    local public administration authorities, on the proposal of the territorial commission mentioned in Article 9;
c)    international and non-governmental organizations, with notification to the National Committee;
d)    public administration authorities and non-governmental or private organizations, on the basis of an agreement on joint activities.
(3)    The centres shall provide accommodation to victims of trafficking in human beings upon their personal request for a period of up to thirty days.
(4)    The duration of accommodation specified in paragraph (3) may be prolonged:
a)    upon the recommendation of the physician during the period of treatment, but not longer than 6 months;
b)    upon the request of the criminal prosecution bodies or courts during the period of criminal proceedings, and when the life and health of the victim are threatened by real danger, the duration of accommodation may be prolonged even after the termination of criminal proceedings for a period deemed necessary for the protection of the victim, based upon the prosecutor's request;
c)    upon the request of the victim of trafficking in human beings, with an indication of the reasoned justification, for a maximum period of 30 days.
(5)    Pregnant women, who are victims of trafficking in human beings, shall be entitled to accommodation in the centre for a period of up to one year.
(6)    The regulation of organization and operation of the centres shall be approved by the founders, based upon the Framework Regulation approved by Government decision.
(7)    The costs related to the centres' activity shall be covered from the founders' joint budgets.
(8)    The organization and operation of the centres may be supported materially and financially by economic agents and entrepreneurs, according to the Law of Philanthropy and sponsorship;
(9)    In order to ensure the security of the premises where victims of trafficking in human beings are accommodated, the centres may seek free of charge assistance from the police.

Article 18.     Professional Integration of Victims of Trafficking in Human Beings
(1)    Professional integration of victims of trafficking in human beings shall be carried out with the support of employment agencies under the terms of the legislation in force.
(2)    Employment agencies shall offer victims of trafficking in human beings priority free of charge services in the field of labour mediation, information and professional counselling, professional orientation and vocational training, as well as consultancy and assistance in starting up a business.
(3)    Victims of trafficking in human beings are entitled to undergo a vocational training course financed from the unemployment fund.
(4)    Beneficiaries of the services provided in paragraphs (2) and (3) shall be victims over the age of 16 years.

Article 19.     Repatriation of Victims of Trafficking in Human Beings
(1)    The Republic of Moldova shall contribute without undue delay to the repatriation and reception of victims of trafficking in human beings, who are its citizens, or stateless persons, who were entitled to permanent residence in the territory of the Republic of Moldova upon entry into the territory of another state, taking into account the need to ensure their security.
(2)    Upon request of a country of destination, the competent authorities of the Republic of Moldova shall verify, without undue delay, whether a victim of trafficking in human beings is a citizen of the Republic of Moldova or whether he/she was entitled to permanent residence in its territory upon entry into the country of destination, and shall so inform the soliciting state and simultaneously undertake measures for the victim's repatriation.
(3)    For the purpose of facilitating repatriation of a victim of trafficking in human beings who is a citizen of the Republic of Moldova or who was entitled to permanent residence in the Republic of Moldova upon entry into the country of destination and who does not possess the necessary documents, the competent authorities of the Republic of Moldova, upon request of the country of destination, shall issue travel documents or any other authorization needed for the repatriation.
(4)    The provisions of this Article shall apply without prejudice to any right granted to the victim of trafficking in human beings by any law of the country of destination.
(5)    The regulation on the procedure of repatriation of victims of trafficking in human beings who are citizens of the Republic of Moldova or who were entitled to permanent residence in the Republic of Moldova upon entry into the country of destination, shall be approved by the Ministry of Foreign Affairs and European Integration, together with the Ministry of Interior and the Ministry of Information Development.

Article 20.     Protection and Assistance of Victims of Trafficking in Human Beings
(1)    Victims of trafficking in human beings shall be offered assistance in physical, psychological, and social recovery through specialized medical, psychological, legal, and social measures.
(2)    A person who is presumed to be a victim of trafficking in human beings shall be deemed a vulnerable person and shall benefit from the minimum package of social and medical assistance provided by the institutions of the Ministry of Health and Social Protection. Persons who are recognized as victims of trafficking must be provided free assistance in the medical institutions defined by the Ministry of Health and Social Protection.
(3)    The state, through its competent bodies and organizations, shall take prompt adequate measures for the identification and referral of victims of trafficking in human beings to protection and assistance services, offering them a reflection period of 30 days. During this period of time, the implementation of any expulsion order issued against this person shall be prohibited.
(4)    Providing protection and assistance services shall not be conditioned upon the willingness of victims to make statements and to participate in the prosecution of traffickers.
(5)    The competent public administration authorities shall inform victims of trafficking in human beings of their rights and about the authorities, institutions, and organizations that are competent in the field of preventing and combating trafficking in human beings and protecting and assisting victims of trafficking.
(6)    Victims of trafficking in human beings shall be provided protection and assistance by the public administration authorities, the National Committee, and the territorial commissions for combating trafficking in human beings, within the scope of their competencies and in accordance with this Law and other normative acts.
(7)    Non-governmental organizations active in the field are entitled to grant protection and assistance to victims of trafficking in human beings, including the protection of their interests in a criminal or civil suit.
(8)    Each time when a competent authority or an international or non-governmental organization active in the field has reasonable grounds to believe that a person is a victim of trafficking in human beings, such person shall be offered all the protection and assistance measures provided for in the present Law.

Article 21.     Confidentiality of Private Life of Victims of Trafficking in Human Beings
(1)    The private life and identity of a victim of trafficking in human beings shall be protected. The registration, maintenance, and use of personal information regarding a victim of trafficking shall be done by taking into account the special rules of confidentiality, with the aim of administration of justice and protection of victims only during criminal proceedings.
(2)    Disclosure of information on the private life and identity of victims of trafficking in human beings and the conditions of these persons' trafficking is prohibited.
(3)    It shall be prohibited to disclose information about state protection measures for victims of trafficking in human beings, about the persons who provide such protection, as well as about the persons who provide assistance in combating trafficking in human beings.
(4)    Observance of the confidentiality of the information provided in paragraphs (1) to (3) shall be the duty of all persons, including those involved in activities to prevent and combat trafficking in human beings and to protect and assist victims, law enforcement bodies, courts, centres provided for in Article 17, as well as social workers.
(5)    In case the life and health of a victim of trafficking in human beings are threatened by real danger, then she is offered, upon her request, based upon a court ruling, at the request of the prosecutor, of the criminal investigation body, the possibility to change his/her name, surname, date and place of birth, under the terms of the Law on Civil status Acts and the Law on state Protection of an Injured Party, Witnesses and Other Persons Providing Assistance in Criminal Proceedings.
(6)    The disclosure of information about safety measures and confidential data regarding victims of trafficking in human beings, as well as disclosure of information about criminal prosecution and measures provided to ensure the safety of the participants at criminal proceedings, shall be punished in compliance with legislation on criminal and administrative offences.

Article 22. Duties of Diplomatic Missions and Consular Offices of the Republic of Moldova for Providing Assistance and Protection to Victims of Trafficking in Human Beings
(1)    The diplomatic missions and consular offices of the Republic of Moldova shall have
the following duties:
a)    to carry out activities to protect the rights and interests of citizens of the Republic of Moldova who have become victims of trafficking in human beings in the country of residence or, in countries where they have accredited missions, to contribute to their repatriation in compliance with the legislation of the Republic of Moldova and the legislation of the country of residence;
b)    in case of loss or impossibility of recovery of identity documents from the traffickers in human beings, to issue free of charge and in a prompt manner, jointly with the subdivisions of the Ministry of Information Development, documents or any other acts needed for repatriation in the Republic of Moldova by citizens of the Republic of Moldova who have become victims of trafficking in human beings;
c)    to distribute to those interested informative materials regarding the rights of victims of trafficking in human beings, according to the legislation of the Republic of Moldova and the legislation of the state of residence;
d)    to provide to public administration authorities and judicial bodies of the state of residence or in countries where they have accredited missions information regarding the legislation of the Republic of Moldova in the field of preventing and combating trafficking in human beings, regarding the rights of victims and their protection and assistance, including addresses for the Centres for the Protection and Assistance of Victims of Trafficking in Human Beings.
(2)    The chiefs of diplomatic missions and consular offices shall appoint a diplomat from who are victims of trafficking in human beings, for their protection and assistance during their stay in the country of transit or destination, as well as for cooperation in this field with the authorities and bodies from the Republic of Moldova.
Article 23.     State Guarantees Granted to Victims of Trafficking in Human Beings
(1)    Courts and criminal prosecution bodies shall grant to victims of trafficking in human beings measures to safeguard their physical safety and rights, as regulated by the Criminal Procedure Code and the Law on State Protection of an Injured Party, Witnesses and Other Persons Providing Assistance in Criminal Proceedings.
(2)    Victims of trafficking in human beings are entitled to compensation for damages, as provided by the law.

Article 24.    Protection and Assistance to Foreign Citizens and Stateless Persons who are Victims of Trafficking in Human Beings
(1)    The Republic of Moldova shall grant assistance to foreign citizens and stateless persons who are victims of trafficking in human beings upon their voluntary repatriation to their country of origin on an emergency basis and shall ensure their transportation in completely safe conditions to the state border of the Republic of Moldova, unless otherwise provided in international treaties. The victim of trafficking in human beings may not be repatriated or expelled to his/her country of origin or to a third state if, upon estimating the risk and safety, reasons are found to presume that his/her personal safety or the safety of his/her family will be endangered.
(2)    In order to guarantee protection and assistance to foreign citizens and stateless persons who are victims of trafficking in human beings, they may de referred to the centres provided for in Article 17.
(3)    Foreign citizens and stateless persons who are victims of trafficking in human beings, as specified in paragraphs (1) and (2), shall be informed in a language they can understand of the judicial and administrative procedures enforced in the Republic of Moldova and in the countries of residence.
(4)    Foreign citizens and stateless persons who are victims of trafficking in human beings mentioned in paragraph (1) are entitled to a reflection period of 30 days, to psychiatric and psychological counselling, and to medical and social assistance. These persons may also enjoy free of charge legal assistance for the exercise of their rights at all stages of the criminal proceedings and to pursue their civil claims and lawsuits against the persons who perpetrated the crimes connected to trafficking in human beings, as provided by the Criminal Code. in this period of time, the implementation of any expulsion order issued against these persons is forbidden.
(5)    If foreign citizens and stateless persons who are victims of trafficking in human beings have no identification documents due to their loss, theft, or destruction, the Ministry of Foreign Affairs and European integration shall grant, upon the request of the foreign state, assistance in receiving such documents or permits necessary for return to their country of residence.
(6)    When foreign citizens and stateless persons who are victims of trafficking in human beings, due to their status as a victim, are placed in the centres provided for in Article 17 or when they participate in criminal proceedings against the trafficker, irrespective of their placement in these centres, they shall benefit from temporary residence permits, which may be prolonged, as the case may be.

CHAPTER IV Preventing and Combating Trafficking in Children. Assistance and Protection of Child Victims of Trafficking in Human Beings

Article 25.     Preventing and Combating Trafficking in Children
(1)    Preventing and combating trafficking in children and assisting and protecting child victims of trafficking in human beings constitute a political, social, and economic concern of primary importance in the Republic of Moldova.
(2)    The activity of public administration authorities, bodies, and organizations with duties in the field of preventing and combating trafficking in human beings shall focus on the best interests of the child.
(3)    Public administration authorities, social agencies for healthcare and education, as well as non-governmental organizations, other institutions, and representatives of civil society shall, without delay, contact law enforcement bodies when it is known or suspected that a child has been exploited or trafficked or has been exposed to the risk of being exploited or trafficked.

Article 26.     Special Principles for Combating Trafficking in Children
Besides the basic principles enshrined in Article 4, the following special principles shall be taken into account in the activity of preventing and combating trafficking in children and protecting and assisting child victims of such trafficking:
a)    strict observance of the rights of the child provided in the UN Convention on the Rights of the Child and the Law on the Rights of the Child of the Republic of Moldova;
b)    undertaking special protection and assistance measures to a child victim of trafficking in human beings;
c)    respecting the opinion of a child victim of trafficking in human beings over 10 years old regarding all actions affecting him/her, taking into account the age, degree of maturity, and his/her best interests;
d)    informing the child victim of trafficking in human beings about his/her situation and rights, protection and assistance measures, available services, repatriation procedure, and family reunification process;
e)    ensuring that both the identity, as well as any details that may allow for the identification of the child victim of trafficking in human beings, are not made public in any case.

Article 27.     Presumption of Age
When the age of the victim of trafficking in human beings is not known but there are reasons to believe that the victim has not yet reached 18 years old, it shall be presumed that the victim is a child, and, until final verification of age, the victim shall be treated as a child, by granting him/her all special protection measures provided for in the present Law and other normative acts.

Article 28.     Repatriation of a Child Victim of Trafficking in Human Beings
(1)    A child victim of trafficking in human beings shall be repatriated to his/her country of origin provided, prior to his/her return, a parent, relative, or legal guardian has given consent to receiving the child into his/her care, or a governmental agency or child protection agency from the country of origin has given consent and is able to undertake responsibility for the child and to grant him/her adequate assistance and protection.
(2)    Taking a statement regarding a situation of trafficking from children by the criminal prosecution body or the court shall not prevent or delay the family reunification or return of the child victim to his/her country of origin, provided this is in the best interests of the child.
(3)    When it is not possible to return a child to his/her country of origin or to integrate him/her into the country of destination, or when these solutions are not in the best interests of the child, the authorities of both countries shall secure the relocation of the child victim to a third country, with the approval of the latter.
(4)    The opinion of the child victim of trafficking in human beings over the age of 10 years shall be taken into consideration when deciding on his/her repatriation or relocation to a third country.
(5)    The child victim of trafficking in human beings cannot be returned to his/her country of origin or transferred to a third country, if, following the evaluation of the risks and security, there are reasons to believe that the security of the child or his/her family is in danger.
(6)    Children victims of trafficking in human beings who are foreign citizens or stateless persons are entitled to a temporary visa that ensures their right to legal residence in the territory of the Republic of Moldova until finding a sustainable solution regarding their return to the country of origin.

Article 29.    Granting Assistance and Protection to Child Victims of Trafficking in Human Beings
(1)    The state shall secure the protection and assistance of children victims of trafficking in human beings from the moment when grounds arise to believe that the child is a victim of trafficking until the child's identification, integration, and his/her complete recovery, irrespectively of their cooperation with the authorities, as provided by Article 20, paragraph (4).
(2)    After identification as a victim of trafficking in human beings, the child shall be urgently referred to the competent services for child protection, assistance, and rehabilitation.
(3)    The National Committee, public administration authorities including law enforcement bodies, territorial commissions for the combating of trafficking in human beings, centres, non-governmental organizations, and other competent organizations shall be obliged to inform the tutorship and guardianship bodies immediately if they have any information about a child victim of trafficking in human beings in order to secure the protection of the child's rights.
(4)    Where the child victim of trafficking in human beings is deprived of parental care, the tutorship and guardianship bodies shall appoint, as provided by law, a legal guardian, who will ensure that all decisions are taken in the interests of the child, who will make statements on behalf of the child, and who shall participate with the child in all criminal procedure and judicial actions, until a solution is reached in accordance with the best interests of the child.
(5)    A child identified as victim of trafficking in human beings shall be granted a reflection period of 30 days in order for him/her to decide personally, through his legal representative or guardian, if he/she will testifies against the trafficker.
(6)    In case of accommodating children victims of trafficking in human beings in centres, they must be accommodated separately from adults.
(7)    Children victims of trafficking in human beings shall be entitled to accommodation within the centre for a period of up to 6 months or for the duration of the legal proceedings.
(8)    All the agencies and institutions whose activity is related to children victims of trafficking in human beings shall establish special practices and programmes for their identification, referral, protection and assistance, while at the same time observing the confidentiality of the information regarding the personal data and the victim status of the child.
(9)    Children victims of trafficking in human beings shall be ensured the right to attend state educational institutions under the terms of the Law on Education.
(10)    When children victims of trafficking in human beings are left without parental care
or do not know their parents' whereabouts, they shall be ensured the possibility of an emergency
search for their family or of instituting tutorship or guardianship, as provided by law.
(11) Children who have suffered from trafficking in human beings are entitled to long-term care and protection until complete recovery. Children deprived of a family environment are entitled to alternative family-type or community-type care.

CHAPTER V Liability for Trafficking in Human Beings

Article 30.     Liability for Trafficking in Human Beings
(1)    Persons participating in the organization and commission of trafficking in human beings activities shall be brought to criminal liability as provided for by the Criminal Code.
(2)    Crimes of trafficking in human beings have both a national and transnational character. In the latter case, the forms and techniques of investigation and criminal prosecution provided for such crimes by international and national legislation shall be applied.
(3)    If any of the methods specified in sub-paragraph 1) of Article 2 have been used, the consent of the victim of trafficking in human beings to the intentional exploitation shall be irrelevant to bring the traffickers to criminal liability,
(4)    Foreign citizens or stateless persons involved in trafficking of human beings shall be refused entrance to the territory of the Republic of Moldova or their entry visas shall be revoked.

Article 31.     Liability of Legal Entity for Trafficking in Human Beings
(1)    If activities of trafficking in human beings are performed through a legal entity that has a license to conduct business activities, and it is established that these business activities served as a disguise for the commission of the above-mentioned illegal actions, then the license shall be withdrawn and the legal entity shall be liquidated based upon a court judgement.
(2)    The legal entity bears civil liability to the victims of trafficking for the damage inflicted upon them as a result of the actions mentioned in paragraph (1).
(3)    Bringing a legal entity to justice shall not exclude personal liability of the natural persons who committed the crime of trafficking in human beings.

Article 32.     Exemption for Victim of Trafficking in Human Beings for Liability for Crimes Committed in Relation to Such Status
A victim of trafficking in human beings shall be exempt from criminal, administrative, and civil liability for actions committed by him/her in relation to his/her status as a victim, if these actions fall under the jurisdiction of the Criminal Code, Code of Administrative Contraventions, or Civil Code.

CHAPTER VI International Cooperation

Article 33.     International Cooperation
international cooperation in the field of preventing and combating trafficking in human beings and granting protection and assistance to victims of such trafficking, including their repatriation, shall be performed on the basis of international treaties to which the Republic of Moldova is a party.

Article 34.     Liaison Officers
(1) The present Law establishes liaison officers within the Ministry of Interior, as well as liaison prosecutors within the Prosecutor's General Office, who shall ensure mutual consultations with liaison officers or, respectively, liaison prosecutors operating in other countries, in order to coordinate joint activities during the detection, discovery, and criminal prosecution of cases of trafficking in human beings, as well as during protection and assistance of victims of trafficking in the course of criminal prosecution.
(2) With respect to data exchange about investigation and criminal prosecution of crimes stipulated in this Law, liaison officers and liaison prosecutors shall be the contact persons of the respective bodies for their counterpart organizations and institutions abroad.

CHAPTER VII Final and Transitory Provisions

Article 35
(1)    The Government, within the period of three months, shall:
submit proposals to the parliament regarding harmonizing current legislation with the provisions of this Law;
adopt normative acts for implementation of this Law; bring its normative acts in accordance with the present Law;
ensure the revision and abrogation by ministries and other authorities of their normative acts that contradict the present Law.
(2)    Upon the proposal of authorities responsible for implementing this Law, the budget
law shall annually provide necessary funds.

SPEAKER OF THE PARLIAMENT                                  Marian LUPU
Chisinau, October 20, 2005. No. 241-XVI.