Law on Status of Judge

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
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