Chapter I
GENERAL PROVISIONS

Article 1. Object, Goal and Scope
(1) This Code of Conduct (hereinafter referred to as the Code) shall regulate the conduct of the civil servant while exercising a public function.
(2) The goal of this Code is to establish norms of conduct for civil service and inform the citizens about the conduct the civil servants shall have for the purpose of improving the quality of the civil service; ensuring a better administration in promoting the public interest; contributing to prevention and elimination of bureaucracy and corruption in the public administration, as well as creating an environment that would enhance citizens’ trust in the public authority.
(3) The Norms of conduct stipulated in this Code shall be mandatory for all civil servants.
(4) Any infringement of this Code shall result into a disciplinary action falling under the provisions of the legislation on public function and statute of the civil servant.

Chapter II
PRINCIPLES OF CIVIL SERVANT’S CONDUCT

Article 2. Principles of Civil Servant’s Conduct
While exercising a public function, the civil servant shall be guided by the following principles:
a) Legality;
b) Impartiality;
c) Independence;
d) Professionalism;
e) Loyalty.
Article 3. Legality
(1) While performing his/her duties, the civil servant shall observe the Constitution of the Republic of Moldova, the legislation in force and the international treaties the Republic of Moldova is committed to.
(2) The civil servant, who believes that he/she is required or obliged to act illegally or in breach
of norms of conduct shall report the matter to his/her superiors.
Article 4. Impartiality
(1) The civil servant shall approve decisions and take actions in an impartial, non-discriminatory and equal manner, without giving priority to some persons or groups of persons based on race, nationality, ethnical origin, language, religion, gender, opinion, political affiliation, property or social origin.
(2) The civil servant is expected to be respectful, impartial, honest and courteous in his/her relations with the public, as well as in relations with his/her superiors, colleagues and subordinate staff.
(3) The civil servant shall not make natural or legal persons, including other civil servants, behave illegally, taking advantage of the official position he/she holds.
Article 5. Independence
(1) The political affiliation of the civil servant shall not influence his/her conduct and decisions, as well as the policies, decisions, and actions of public authorities.
(2) While performing his/her duties, the civil servant shall not:
a) participate in raising funds for the activity of political parties and other social-political organizations;
b) use administrative resources for supporting electoral candidates;
c) post signs or objects with signs or names of political parties or their candidates in the premises of public authorities;
d) campaign in favour of a political party;
e) establish or contribute to the establishment of subdivisions of political parties within public authorities.
Article 6. Professionalism
(1) The civil servant shall perform his/her duties with responsibility, and shall demonstrate competence, efficiency, promptness, and correctness.
(2) The civil servant shall be accountable for the performance of his/her duties to his/her immediate superior, hierarchical superiors and the public authority he/she works for.
Article 7. Loyalty
(1) The civil servant shall serve loyally the public authority he/she works for, as well as the legal interests of the civil servants.
(2) The civil servant shall abstain from any action or fact that can prejudice the image, prestige or legal interests of the public authority.

Chapter III
SIVIL SERVANT’S NORMS OF CONDUCT

Article 8. Access to Information
(1) Based on the competences attributed to him/her under the legislation on access to information, the civil servant shall:
a) inform the citizens about issues of public interest in an active, fair, and timely manner;
b) guarantee free access to information;
c) observe the timeframes for delivering the information set by the legislation.
(2) The civil servant shall observe the restrictions on access to information, under the provisions of the law, with the aim to protect confidential information, private life of a person, and national security, as well as to ensure the security of information he/she is responsible for from unauthorised access, modification or damage.
(3) Only authorised civil servants shall communicate on behalf of the public authority with the public and media.
Article 9. Use of Public Resources
(1) The civil servant shall ensure that the public property is protected against any prejudice.
(2) The civil servant shall use his or her working hours, as well as the property of public authority only while performing duties specific to the position held.
(3) The civil servant shall ensure, in exercise of his/her powers, that public financial resources are managed efficiently and according to their destination.
(4) The civil servant shall not use public property for carrying on advertising, didactic, research activities and activities of personal interest of other nature not prohibited by law.
Article 10. Conduct in International Relations
(1) The civil servant representing a public authority in international organizations, educational institutions, conferences, seminars, and other activities shall have a conduct that does not prejudice the image of the country and public authority he/she represents.
(2) The civil servant undertaking a business trip outside the country shall have a conduct that complies with protocol rules and shall observe the laws of the host country.
(3) While building relations with the representatives of other states, the civil servant shall not express personal opinions regarding national issues or international disputes.
Article 11. Gifts and Favours
(1) The civil servant shall not request or accept gifts, benefit from services, favours or any other advantages for himself/herself, his/her family, relatives, friends, natural and legal entities with which he/she has had business or political relations that may impair his or her ability to perform public duties and that may be considered a reward for performing his/her duties.
(2) The civil servant can accept, according to the generally acknowledged rules of politeness and hospitality, conventional hospitality or minor gifts the value of which shall not exceed a country minimal salary, set through a Government decision.
(3) The gifts received through violation of paragraph (2) shall be given to the respective public authority according to the procedure stipulated by law.
(4) If the civil servant is being offered an undue advantage, he/she shall take the following steps to protect himself/herself:
a) refuse the undue advantage; it shall not be accepted for being subsequently used as evidence;
b) try to identify the person who made the offer;
c) have witnesses, for example colleagues;
d) record as many details as possible about the attempt in an official registry/notebook;
e) immediately report about the attempt to his/her supervisor or directly to the competent authorities;
f) continue to perform the work normally, particularly the activity for which the undue advantage has been offered.
Article 12. Conflict of Interests
(1) The civil servant shall avoid any conflict of interest.
(2) Any conflict of interest declared by the candidate to a public position shall be resolved before his/her appointment.
(4) The procedure of declaring and settling conflicts of interest shall be regulated by the legislation on conflict of interest.
Article 13. Obligations of the Civil Servant holding a Management Position
(1) The civil servant holding a management position shall promote and ensure observance of the rules of conduct by the subordinated civil servants.
(2) While performing the management duties, the civil servant shall:
a) ensure equal treatment and opportunities for all subordinated civil servants in career development;
b) examine and objectively apply assessment criteria for evaluating the professional competence of the subordinated staff when proposing or approving promotions, transfers, appointments or dismissals from public functions, and providing pecuniary or non-pecuniary incentives, and shall exclude any favours or discrimination;
c) avoid discriminatory, family relationship, or other criteria in breach of the Code for access to or promotion into a public function.
d) take necessary actions to prevent corruption among subordinated civil servants, as well as to bear responsibility for the failures as a result of a bad performance of the respective actions.

Chapter IV
FINAL PROVISIONS
Article 14.
(1) This law shall enter into force on 1 January 2009.
(2) The Government shall:
a) within six months from the date of publishing this law:
- bring the normative acts in compliance with the provisions of this Code;
- ensure revision and bringing the relevant departmental normative acts in compliance with this
Code;
b) take other actions for applying this Code.

SPEAKER OF PARLIAMENT
MARIAN LUPU
Chisinau, 22 February 2008
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A diagnostic analysis of the constraints to economic development highlights the critical issues, i.e. domains in terms of which Republic of Moldova is largely surpassed by comparable countries. This approach1 has been applied successfully in several countries, such as Brazil, Egypt, Bolivia, and Mongolia. Essentially, as long as the critical issues remain unresolved, the investment potential of the national economy cannot be fully realized. It is necessary to remove these investment-suppressing barriers as a matter of priority in order to change the country's development paradigm. 

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

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

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

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

The Republic of Moldova will undertake all the necessary efforts to ensure the transition to a green economic development, which promotes sustainable development principles and contributes to poverty reduction, including by ensuring a better governance in the sustainable development domain, by integrating and strengthening environmental protection aspects in all social-economic development domains of the country. 
A determining factor in the successful accomplishment of identified priorities and achievement of the main objective is the existence of efficient and modern state institutions. Acceleration of institutional reforms and strengthening of capacity of public authorities will address each identified priority. Increased quality of public services through modernization and greater transparency and accessibility are inherent during Strategy implementation process.

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

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

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

Common category is the information that reveals: 
1) name and surname; 
2) gender; 
3) date and place of birth; 
4) citizenship; 
5) IDNP; 
6) image; 
7) voice; 
8) family situation; 
9) military situation; 
10) geographic location data/ traffic data; 
11) nickname/alias; 
12) family members’ personal data; 
13) driving license data; 
14) data from matriculation certificate; 
15) economic and financial situation; 
16) data of owned assets; 
17) banking data; 
18) signature; 
19) civil status data; 20) pension file number; 
21) social security number (CPAS); 
22) medical insurance code (CPAM); 
23) phone/fax number; 
24) cell phone number; 
25) address (domicile/residence); 
26) e-mail address; 
27) genetic data; 
28) biometric and anthropometric data; 
29) finger print identification data; 
30) profession and/or work place; 
31) professional occupation - diploma - education; 
32) habits/preferences/behaviors; 
33) physical characteristics. 

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

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

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

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

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

Illegal or harmful content
The report provides an overview of the initiatives taken by Member States aimed at combating discriminatory, illegal or harmful content online. It mainly concerns commitments and codes of conduct. For example, these provide for an appropriate label to be displayed on internet sites.
However, the level of protection assured by this type of initiative still varies from one Member State to another. Existing measures should be constantly monitored in order to ensure their effectiveness.
Furthermore, illegal or harmful content generally comes from other EU Member States or third countries. A coordinated approach at European and then international level would harmonise protection against this type of content.

Hotlines
The Digital Agenda for Europe provides for the installation of hotlines by 2013, enabling the reporting of offensive or harmful online content. These hotlines should benefit from co-financing from the Safer Internet programme. Furthermore, the Association of Internet Hotlines (INHOPE) is an effective cooperation tool for Member States and third countries. Notice and take-down procedures have also been put in place for internet service providers (ISPs) to take down any illegal content reported by a person using the hotline.
However, the Commission requests that Member States monitor their hotlines more closely. They are still not sufficiently known about by, and accessible to, Internet users and children.

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

Social networking sites
Social networking sites have profoundly changed the behaviour of minors in the way that they interact and communicate with each other. These networking sites present many risks such as illegal content, age-inappropriate content, inappropriate contact and inappropriate conduct.
One of the ways detailed in the report for countering these risks may be the development of guidelines for providers of social networking sites. The Commission intends to increase the number of reporting points and to establish a well functioning back office infrastructure to be deployed on social networks.
Media literacy and awareness-raising
Member States are committed to increasing media literacy. There are several initiatives in this area, such as public-private partnerships and the EU kids online project. However, although the integration of media literacy in schools has demonstrated positive results, universal coverage of all children and parents and consistency across schools and Member States remain significant challenges.

Access restrictions to content
Limiting minors’ access to content involves establishing age rating and classification of content. There are currently classification systems for audiovisual content in place which are considered to be sufficient and effective by some Member States, while others deem they should be improved.
Technical systems such as filtering, age verification systems and parental control systems can be useful, but they cannot guarantee complete restriction of access to content by minors. Subscribers are increasingly better informed about the existence of filtering and verification systems, and age verification software. However, Member States remain divided on the use, relevance (with regard to right to information and risk of censorship), technical feasibility and reliability of technical systems. Moreover, they highlight the need for transparency as regards the inclusion of certain content in a ‘black list’ and the possibility of its removal.
While most Member States see scope for improving age rating and classification systems, there is as yet no consensus on a pan-European classification system for media content. This report encourages reflection upon innovative rating and classification systems in the sector of information and communication technologies (ICT).
Audiovisual Media Services
The Commission notes that on-demand television services are lagging behind with regard to co/self regulation services aimed at protecting minors from harmful content and concerning the technical means for offering children selected access to content on the Internet. Age classifications and transmission time restrictions should be highlighted for these types of audiovisual media services.

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

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Torture and other ill-treatment

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

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

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

Discrimination

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

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

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

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

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