Lawyer Moldova

No.1166-XIII of 30.04.97

TITLE I.
GENERAL PROVISIONS

Article 1. Basic Definitions
The definitions used in the present Law:
The National Agency for Government procurement is a
subdivision   performing   the    state    regulation   and    inter-branch   coordination in the field of procurement for the state needs; the working procurement group is a working group within a public administration body or a business entity performing procurement procedures with the public funds;
government procurement is goods, works and services procured with the public funds for the needs of the state by any means not prohibited by law;
public funds are the funds of the state budget, of the local budgets and the foreign loans granted to the Republic of Moldova;
goods are things and articles of any type and any description including raw materials in solid, liquid or gas forms and electricity;
works are any works relating to construction, reconstruction, demolition, repairs of buildings and production facilities;
services  are  any other objects  of  the procurement, other than goods  and
works;
tendering is a competition held by the National Agency for the Government procurement aimed at selecting the best tenders to perform the government procurement;
tender is a proposal by the supplier (contractor) to conclude a contract on the procurement of goods, work and services
preferential margin is a concession expressed as a percentage applicable in the evaluation of tenders for works performed by internal contractors or of the domestically produced goods aimed at encouraging the national producers' and suppliers' participation in tendering ;
tenderer is any supplier (contractor) admitted (invited) to the procurement procedures;
acceptance of a tender is a consent to conclude a contract on the terms set out in a tender;
procurement contract is an agreement between the working procurement group and the successful tenderer concluded on the basis of the results of procurement procedures and in conformity with the present Law under which the supplier (contractor) undertakes to transmit to the procurement working group the goods (work, services), and the procurement working group undertakes to accept them and to pay a certain price.
security for a tender is a guarantee for the implementation of the commitment undertaken by the tenderer to the National Agency for Government procurement that can be in the form of the bank guarantees, security, "stand¬by" letters of credit, cheques which are the primary responsibility of a bank, cash deposits, bills of exchange and promissory notes;
security for the execution of a contract is the guarantee of the implementation of the commitments under the procurement contract given by the tenderer to the working group, which envisages the forms of security specified in the previous paragraph;
currency of a tender is the legal monetary unit of the Republic of Moldova or of another state applicable in the procurement process.

Article 2. Procurement Legislation
The procurement legislation consists of the present Law and other legal acts on procurement.

Article 3. Scope of the Law
(1)    This law covers all procurements carried out in the Republic of Moldova with the public funds for the state needs.
(2)    In case international treaties or agreements to which the Republic Moldova is one of the parties, provide for other standards than those laid down by the present Law, the standards of an international treaty or an agreement shall be applicable.

Article 4. Subjects and objects of procurement
(1)    Subjects of procurement shall be natural persons and legal entities of the Republic of Moldova and other states regardless of the ownership form and legal organizational form (hereinafter referred to as "suppliers (contractors")
that perform their activity in the prescribed manner. Rights and interests of the subjects of procurement shall be protected by the present law and other statutory acts relating to the procurement.
(2)    Objects of procurement shall be goods possessing certain consumer attributes as well as works and services that are necessary to satisfy the state needs.

TITLE II
GOVERNMENT REGULATION OF PROCUREMENT

Article 5.  Government regulation of procurement
(1)    To enforce the present Law, to exercise the government regulation and inter-branch co-ordination in the field    of the procurement the National Agency for the government procurement within the Ministry of economy and reforms
(hereinafter referred to as "The Procurement Agency") having the status of a legal entity shall be established.
(2)    The Procurement Agency's activity shall be guided by the Constitution of the Republic of Moldova, present Law and other statutory acts.
(3)    The Procurement Agency shall hold tenders and alternative methods of procurement for the state needs.
(4)    To perform the tasks entrusted to it  ,  the Procurement Agency shall:
a)    work out statutory acts on procurement;
b)    render the working groups .methodological assistance in the procurement issues, work out and publish mandatory for use forms of tender documents and other kind of documentation;
c)    issue The Government Procurement Bulletin where invitations to tender, and notices relating to the procurement and its advertisement thereof as well as the information on the procurement procedures are published.
d)    approve the results of the pre-qualification selection (hereinafter "pre-selection")  made by the procurement working groups ;
e)    approve the tender documents worked out by the procurement working groups and furnish them to the suppliers  (contractors);
1) invite tenders of suppliers (contractors), open them and transmit to the appropriate procurement working groups for consideration, evaluation and comparison.
g)    consider and adopt reports on procurement procedures and acceptance of tenders submitted by the procurement working groups;
h)    approve procurement contracts made by the procurement working groups with suppliers  (contractors)
i)    consider  complaints  of  suppliers   (contractors)   and make  decisions  on
them;
j) interact with the international institutions and relevant organizations of other countries on the issues which relate to the operation of the government procurement system;
k) co-ordinate the activities related to the utilization of the foreign technical assistance in government procurement.
(5) The procurement working group (hereinafter referred to as "the working group") shall prepare invitations to participation in the pre- selection, carry out this selection, work out tender documents, consider, evaluate and compare tenders of suppliers (contractors), make reports on procurement procedures, conclude procurement contracts with suppliers (contractors) and manage work relating to contracts. All the documents worked out by working groups and the pre-selection results shall be subject to the approval by the Procurement Agency.

TITLE III
BASIC REQUIREMENTS TO PROCUREMENT PROCEDURES

Article 6. Qualification data on suppliers (contractors)
(1)    To obtain qualification data on suppliers (contractors) the provisions
of this article shall be applied at any stage of the procurement procedures taking into account the supplier's (contractor's) right to protection of intellectual property and commercial secret.
(2)    For the participation in the procurement procedures the supplier (contractor)   shall present documents confirming:
a)    His managerial competence; expertise, positive reputation, experienced professional staff, financial and technical and other capacities available to him for the qualitative execution of the procurement contract;
b)    competence of the conclusion of the procurement contract;
c)    solvency (certificates confirming that the supplier (contractor) is not winding up , or bankrupt, or his property is not seized , or commercial activities are not suspended);
d)    regular payment of taxes, contributions and other mandatory payments in accordance with the legislation of the supplier'   (contractor's)   country;
e)    non-imposition for the past 5 years in respect of the supplier' (contractor's) employees of the disciplinary, administrative and criminal penalties in connection with their professional activities or by reason of. the submission of the untrue information aimed at concluding a procurement contract.
(3)    Requirements provided in the present article shall be stated in the documents for the pre-qualification selection (hereinafter referred to as "pre-qualification documents) if available, and in the tender documents or in other documents relating to the invitation of tenders and shall be equitably applicable to all suppliers (contractors). The working group does not establish any other criteria, requirements or procedures in respect of the qualification of the suppliers   (contractors)  other than those provided in the present Article.
(4)    The working group will evaluate the qualification data of suppliers (contractors) in conformity with the criteria and procedures stated in the pre-qualification documents, if existent, in the tender documents or other documents connected with the invitation of tenders.
(5)    The working group  :
(a)    may disqualify the tenderer at any stage if established that the information presented by him for the qualification, in its merits, was false or incomplete.
(b)    does not disqualify a tenderer on the grounds that the information presented by him for the qualification is to a negligible extent inaccurate or incomplete. The tenderer may be disqualified in case he does not in good time provide the additional information required by the working group.

Article 7. Pre-selection procedures
The pre-qualification procedures are subject to the provisions of Article 6 of the present Law.
(1)    The working group may initiate the pre-qualification procedures in order to identify the qualified suppliers (contractors) before presenting their tenders. The provisions of Article 6 are applicable to these procedures.
(2)    If the working groups initiates the pre-qualification procedures it shall present a set of pre-qualification documents to each the supplier (contractor) who in conformity with the pre-qualification invitation, requires and pays for it in case it's a paid service. This payment reflects only the costs for their publication of the documents and its delivery to the suppliers (contractors).
(3)    The pre-qualification documents shall include the following
information:
a)    instructions on the preparation and presentation of the pre-
qualification applications;
b)    a brief description of the basic conditions of the procurement contract that will be concluded following the procurement procedures;
c)    the list of the documents that the suppliers (contractors)are to submit to confirm their qualification data;
d)    the information on the manner, place and time limit for the
presentation of pre-qualification applications (specifying the time limit - the
date and the hour;
e)    any other requirements dealing with the preparation and presentation of the pre-qualification    applications and implementation of the pre-qualification procedures that are established by the working group in conformity with the present Law and statutory acts on procurement;
f)    in respect of the tendering procedures - the information specified in with Art. 28 (1), paras. (a)-(e), (h) of the present Law, if known , the information specified in para  []')  of the same article;
g)    in respect of the service procurement procedures - the information set out in Article 42 paras, (a) and (c) of the present Law, if known, the information set out in paras,   (b),   (f),   (o)  and  (r)  of the same article.
(4)    The working group shall respond to any enquiry of the supplier
(contractor)   in reference to the pre-qualification documents,   received ten days
before the expiry of the time limit for the presentation of the applications for pre-qualification selection. The response of the working group must be presented within reasonable time limit so that the supplier (contractor) could in good time submit his application. The response to any inquiry that might be of interest to other suppliers (contractors) shall be furnished to all suppliers (contractors) whom the working group delivered the pre-qualification documents without disclosing the source of the enquiry.
(5)    The pre-qualification selection criteria shall be set out in the pre-qualification documents, and these are the only criteria to be applied in the evaluation of the qualification data of the suppliers' (contractors') who submitted applications for the pre-selection.
(6)    After the Procurement Agency approves the results of the pre-selection the working group shall immediately notify each supplier (contractor) who submitted an application for the pre selection of its results, and shall on request present a list of the suppliers (contractors) who passed the selection to any representative of the public. These are only suppliers (contractors) who      shall participate in subsequent procurement procedures.
(7)    The working group shall on request notify the suppliers (contractors)
who have not passed the pre-selection of the reasons for such decision, however
it is not obligated to motivate its decision.

Article 8.  Participation of suppliers  (contractors)
(1)    Suppliers (contractors) are admitted to the participation m the procurement procedures regardless of the citizenship excepting the cases where the Procurement Agency in the interest of the state and in accordance with the effective legislation takes a decision on restricting tenderers to domestic suppliers (contractors). The reasons for taking such a decision are set out in the report on procurement procedures.
(2)    The Procurement Agency when inviting suppliers (contractors) to participate in the procurement procedures, shall announce the manner of participation in them which cannot be altered afterwards.

Article 9. The manner of communication
(1)    Documents, decisions, notifications and other communications sent by the Procurement Agency or the working group to the supplier (contractor) or b the suppliers (contractors) to the Procurement Agency or the working group shall
be presented m the manner which ensures that the content of the communication is registered.
(2)    The above communications may be transmitted by communication means that do not ensure registration of the communication's contents provided that immediately afterwards the addressee is given confirmation of the communication
in the form which ensures such registration.

Article 10. equirements concerning confirmation of documents
The working group is entitled to require that the tenderer confirms the documents submitted by him   to certify his qualification data;
however this requirement is not to go beyond the requirements established for the documents of this category.
Article 11. Report cm the procurement procedures
(1) The report on the procurement procedures shall be made by the working group and submitted to the Procurement Agency within 30 after conclusion of the contract.  The report contains the following information  :
a)    brief description of goods, works and services in respect of which the Agency required tenders:
b)    names of and contact information about tenderers as well as names of and contact information of a supplier (contractor) with whom the procurement contract has been concluded,  and the price of this contract;
c)    tenderers'  qualification data;
d)    tender's price and the its assessment base as well as brief description of other basic conditions for each tender and procurement contract;
e)    brief description of the evaluation procedure and tender comparison based on application of the preferential margin;
f)    if all tenders are rejected - the relevant decision setting out the reasons;
g)    if there are procurement procedures that use procurement method other than the open procedure - the justification for choosing this method;
h)    if there are procurement procedures other than the open procedure procedures, and if by reason of these procedures no procurement contract is concluded - the relevant decision setting out the grounds therefor;
i)    in case the tender is rejected in accordance with the provisions
of Art.15 - reasons for rejection;
j) in case of procuring services - the description of the reasons justifying the choice of the selection procedure;
k) in case of the procurement procedures by means of direct invitation tenders for services - the description of the reasons to apply this method;
1) in case the Procurement Agency in accordance with part (1) of Art.8 restricted tHe participation of suppliers (contractors) in the procurement procedures - the description of reasons justifying the restriction;
m) brief description of requests for the explanation of pre-qualiflcation documents or tender documents , responds to them as well as brief description of any modifications made in these documents.
(2)    The information specified in paras a) and b) of part (1) shall be provided on request of any person after the acceptance of the tender or after the procurement procedures that have not resulted in the conclusion of a procurement contract are complete.
(3)    Information specified m paras c) - h) and m) of part (1) shall be provided on request to the supplier (contractor) who submitted tenders or applied for the pre selection, after the acceptance of the tender or after the procurement procedures that have not resulted in the conclusion of a procurement contract are complete. Except for the cases where it is required by the court, the working group is not entitled to disclose the information from paras c) -e), where release of such information is contrary to the effective legislation or public interest, prejudice the legitimate commercial interests of the parties or prejudice fair competition.

Article 12. Rejection of all tenders
(1)    In case in the tender documents or other documents relating to the invitation of tenders there is a provision for the of rejecting all tenders, the working group may reject all tenders at any time before their acceptance, provided that that the Procurement Agency's approval is available. Such measure is justifiable if there is no effective competition, or tenders do not meet the requirements of the tender documents.
(2)    The notice of rejection of all tenders shall be immediately sent to all tenderers. The working group on request shall give any tenderer the reason for taking such decision.

Article 13. Procurement contract award
(1)    If procurement methods that envisage tendering procedures are applied, the winner shall be notified and a procurement contract shall be awarded in accordance with Art.40.
(2)    If other procurement methods are applied, tenderers shall be notified of the conditions of a procurement contract's conclusion when asked for requests for proposals.

Article 14. Contract conclusion notice
(1)    The Procurement Agency shall publish a procurement contract conclusion notice within 30 days after it is concluded. This notice shall contain at least the name of the supplier (contractor) to whom the contract is awarded, the subject of the contract and its price or estimated value.
(2)    Part (1) shall not be applicable to the contracts the price of which is less than 2500 minimum wages , and to the contracts concluded following the special restricted tender.

Article 15. Rejection of a tender by reason of bribery
(1)    The Procurement Agency shall reject a tender if it is established that the supplier (contractor) who made it gave directly or indirectly(agreed to give) to any (present or former) official or employee of the working group or the Procurement Agency a reward of any kind, made an employment proposal or proposed rendering any other service in return for doing an action, taking a decision or applying any procurement procedure in his favor.
(2)    The fact that the tender is rejected as well as the reasons therefor shall be stated in the report on the procurement procedure and forthwith made known to this supplier  (contractor).
(3)    The Procurement Agency shall inform the appropriate authorities of
each such case.

Article 16. Characteristics of goods, works and services
(1)    The characteristics of the procured goods, works and services required by the working group shall be precise and full description of the subject of procurement.
(2)    The characteristics must meet the requirements of the working group in respect of the quality, efficiency, testing, safety, sizes, symbols, terminology, packaging, transportation, marking, labeling, production processes and methods of the subject of procurement, as well as the procedures relating to the determination whether it meets the tender document requirements.
(3)    In describing technical characteristics, plans, drawings, sketches,
descriptions required by the working group:
a)    a physical description of the procured goods, works and services is given based on the relevant and objective technical and qualitative characteristics;
b)    a characteristics of the subject of procurement is given in terms of the functional qualities of the procured goods and efficiency in the implementation of works and services if such characteristics are more needed, or if the physical description is not possible;
c)    standard    characteristics, • requirements,    symbols    and terminology, or international standards and internationally recognized national standards adopted by the Department for standards, metrology and technical supervision shall be used in the description of the procured goods, works and
services.
(4)    No indication of a specific trade mark or a firm, patent, sketch or a type of a good, work, services, their origin source, specific producer or a supplier shall be given in the technical characteristics . In the cases where,sufficiently precise method for stating the requirements and the indication is not required,  the characteristics shall include the words  "or an equivalent".

Article 17. Language
(1)    Pre-qualification, tender and other documents related to the
invitation of tenders shall be made in the state language.
(2)    Documents listed in part (1) may be also made in Russian and English in the case where:
a)   the nature of the procured goods,  work and services require attraction
of foreign agents, resources, technologies, rendering of examination services , or the attraction of foreign competitors is required;
b) the preliminary price of the procured goods, works and services exceeds:
for goods - 25 thous. minimal wages for works - 50 thous. minimal wages; for services -  12 500 minimal wages.
(3) Tenders shall be drawn up in the language of the tender documents. Any supplier (contractor) is entitled to refer to the tender documents and state his requirements in the language of his tender.

TITLE IV
PROCUREMENT METHODS

Article 18.  Procurement methods
(1)    In procurement there shall be used:
a)    open procedure;
b)    two-stage procedure;
c)    restricted procedure ;
d)    special restricted procedure ;
e)    request for price proposals;
f)    procurement from a single source.
(2)    Open procedure is the most preferable method in the procurement of
goods and works.

Article 19. Open procedure
In the open procedure tenders and applications for the pre-selection are invited from all suppliers   (contractors)  wishing to participate in tendering.
(2) The Procurement Agency shall in advance publish the information on the conditions of the participation in the open procedure for the potential tenderers so that they could prepare their applications and tenders for the pre¬selection.

Article 20. Two-stage procedure
(1)    Two-stage tender shall be held in the case where:
a)    due to impossibility to provide detailed characteristics of goods and works, or with respect to services - to define their characteristics and to take an optimal procurement decision, the Procurement Agency has to have additional negotiations with tenderers;
b)    the contract is made for the purpose of research, experiment, study or development except for the cases where the contract provides for the production of goods in the quantities sufficient to ensure their commercial profitability and refund of expenses for the purposes mentioned above.
(2)    At the first stage of the two-stage tendering procedure in tender documents suppliers (contractors) are tendered to submit applications without specifying their prices; technical, qualitative and other characteristics of goods, works and services are required as well as tenders relating to the terms of the contract; and, where appropriate, the information on the suppliers' (contractors') professional and technical expertise as well as qualification data.
(3)    The Procurement Agency is authorized at the first stage of the two-stage tendering procedure to hold negotiations with any supplier (contractor) whose application has not been rejected.
(4)    At   the   second   stage   of   the   two-stage   tenders   the   tenderers   who
participated in the first stage and whose applications has not been rejected shall submit final tenders with specifying the price. The Procurement Agency may exclude or alter any provision originally specified in the tender documents, or add new characteristics or criteria in accordance with this law. Information on any kind of exclusions, additions or alterations in the tender documents shall be provided to the
tenderers along with the invitation to submit final tenders. A tenderer who does not wish to submit a final tender may quit the tendering procedure without losing the right to withdraw the security for his tender. Final tenders are evaluated and compared to determine the winner.

Article 21. Restricted procedure
(1)    The Procurement Agency may make procurement by means of the limited
participation tender in case:
a)    goods, works and services due to their complexity or special nature are only available to a limited number of suppliers  (contractors);
b)    the estimate cost of the procurement contract is under 12 500 minimal wages. In this case expenses associated with the consideration and evaluation of a big number of tenders may exceed the value of goods, works and services procured.
(2)    For restricted procedure the Procurement Agency shall invite tenders of the suppliers (contractors) selected in advance, who also meet its requirements and have goods, works or services for procurement, ensuring the sufficient number of tenderers for effective competition.
(3)    The Procurement Agency shall notify of the restricted procedure in its publication.

Article 22. The special restricted procedure
(1)    In case the subject of procurement is armament or goods, works, services associated with the country's defense or national security, or requiring secrecy or confidentiality, the Procurement Agency may hold special restricted procedure  .
(2)    In holding such tenders the procurement Agency shall observe the provision of Article 21 on condition that secrecy and confidentiality of the information relating to the defense and national security are ensured.

Article 23.  Request for price proposals
(1)    The Procurement Agency may through the request for price proposals procure available goods and services that are produced or provided not according to the specifications , and for which the sales market has already been established provided that the estimated cost of the procurement contract is under 2 500 minimum wages or under other amount set by the regulatory
procurement acts.
(2)    The number of suppliers (contractors) to submit price proposals shall be determined as appropriate but not less than three. In case where it is established that only two known suppliers (contractors) possess the qualification data for the provision of the required goods, works and services, requests for price proposals shall be sent to these suppliers (contractors). In case where only one supplier (contractor) may supply necessary goods, works or services, the request for a price proposal shall be sent to this supplier (contractor) in accordance with Article 24. Each supplier (contractor) of whom a price proposal is requested shall be informed whether the price should include transportation, insurance, customs and tax expenses in addition to the expenses associated with the production of goods, works and services.
(3)    The Procurement Agency may also established other requirements in addition to the price which are taken into account in the evaluation of price tenders. In such cases the requests for price proposals shall specify each such requirement and its relative value.
(4)    Each supplier (contractor) may submit only one price proposal having no right to change it. No negotiations on this tender are held between the Procurement Agency and the tenderer.
(5)    The lowest price tender that meets all the requirements shall win.

Article 24.  Procurement from a single source.
The Procurement Agency shall -make procurement from a single source in cases where:
a)    due to the particular circumstances an urgent need for goods, works or services arouse ;
b)    necessary goods, works or services are only available from one supplier (contractor), or one supplier (contractor) has exclusive rights in their respect,  and no variants are acceptable ;
c)    the working group when purchasing goods, equipment, technologies or services from a supplier (contractor) decides to make additional procurements from this supplier (contractor) provided that their value does not exceed 30 per cent of the original procurement value;
d)    a contract with this supplier (contractor) is concluded for the purpose of making research, experiments, studies or developments, except for the cases where this contract provides for the production of goods in quantities sufficient to ensure their commercial profitability or refund of expenses for the above purposes;
e)    after having procurement procedures the Agency in response to the request obtained only one tender, and it is not deemed advisable to hold new tendering procedures.

Article 25.  Prohibition to split up or extend procurement
(1)    The procurement contract shall be concluded for the whole amount of the state resources allocated for the procurement of a specific kind of goods, works  ,  services for a year.
(2)    The Procurement Agency , the working group are not entitled to split up the procurement by making separate contracts with the aim of application of a procurement method other than the one that would be applied in accordance with this law if the procurement were not split up.
(3)    The Procurement Agency , the working group are not entitled to increase the amount of goods, works, services defined in the concluded contracts in order to avoid making a new procurement.

TITLE V TENDERING PROCEDURE PARTI PART 1
INVITING APPLICATIONS AND TENDERS FOR A PRE-SELECTION

Article 26.  Internal tender
The Procurement Agency is entitled to hold internal tender in cases where:
a)    tenderers are limited to exclusively domestic suppliers (contractors) as envisaged in part  (1)  of Article 8;
b)    due to low value of the procured goods, works and services that do not exceed amounts specified in para b) of part 2 of Article 17, it is expected that only domestic suppliers   (contractors)  will be interested in submitting tenders  .
Article 27.      Inviting applications and tenders for a pre-selection
(1) The Procurement" Agency shall invite applications and tenders for a pre-selection  by  publishing  an   invitation   to   tenders   or   invitation   to   a  pre¬selection in the state language in the Agency's publication.
(2) In cases stipulated in part (2) of Article 17 these invitations are also made in Russian and English in the internationally circulating mass media.

Article 28. Inviting to tenders and pre-selection
(1)    An invitation to tender shall contain the following information:
a)    the name and location of the Procurement Agency;
b)    the character, quantity and place of delivery of the supplied goods; the character and place where works are to be performed; the type of services and the place where they are rendered;
c)    time limit for delivery of goods, completion of works and the schedule for rendering services;
d)    the criteria and procedures for the evaluation of the qualification data of suppliers  (contractors);
e)    no subsequent modifications can be made in the provision envisaging that suppliers (contractors) participate in the procurement procedure regardless of their citizenship, or that tenderers' participation is limited in accordance with part   (1)  of Article 8;
f)    the manner and place for collecting tender documents;
g)    the amount of the fee   (if chargeable)   for tender documents;
h)    the currency and the manner of payment for the tender documents;
i)    the language  (or languages)  of the tender documents;
j)   the place and time limit for the submission of tenders.
(2)    An invitation to the pre-selection shall contain the following
information:
a)    the manner and place for collecting pre-qualification data;
b)    the amount of the fee   (if chargeable)   for pre-qualification data;
c)    the currency and the manner of payment for the pre-qualification data;
d)    the language  (or languages)  of the pre-qualification data;
e)    the place and time limit for the submission of applications for pre- selection.

Article 29. Requirements for submission of tender documents
The Procurement Agency shall provided the tender documents to suppliers (contractors) in accordance with the provisions set out in the invitation to tenders. In case a pre-selection procedure is held, the Agency provides a set of the tender documents to each supplier (contractor) who passed such selection and paid a fee (if chargeable) for these documents. The fee that the Agency is authorized to charge for the tender documents may only comprise publishing and delivery costs.

Article 30. Tender documents
Tender documents shall contain the following information:
a)    the tender submission rules;
b)    the criteria and procedures for the evaluation of the tenderers' qualification data and confirmation of these data;
c)    the requirements regarding documents or other information which is to be submitted by the tenderers in order to confirm their qualification data;
d)    the requested technical and qualitative characteristics of the procured goods, works , services, related services; time limits for the delivery of goods,  performance of works and rendering of services;
e)    the   criteria   for  determining   the   successful   tender  with   taking   into
account the preferential margin and their relative value  ;
f)    the terms of the procurement contract and the form of the contract to be concluded by the parties;
g)    in case variants of goods, works, services, as well as of terms of the contract or of other requirements are acceptable - an appropriate application specifying the manner of the evaluation and comparison of variants;
h)    in case suppliers (contractors ) are allowed to submit tenders for only part of the procured goods, works, services - the description of the part (or parts)   for which tenders can be made;
i)    the manner of the price calculation and    expression with specifying whether the price in addition to the cost of goods,    works , services and other components should also include, for example, the    transportation, insurance,
customs and other costs;
j) the currency (or currencies) in which the tender price is calculated and expressed;
k) the language (languages) of tenders; 1) the Procurement Agency's requirements to the issuer, form, size and Other basic terms of the security for a tender which is to be provided by the tenderer, and requirements to the security for implementation of the contract by a supplier (contractor) with whom a procurement contract is made;
m) the information on the possibility of changing or withdrawing a tender by a supplier (contractor) before the deadline for the submission of tenders without losing the right to withdraw the security for a tender;
n) the manner, place, deadline (date and time) for the submission of tenders;
o) the methods of the supplier's (contractor's) requesting clarification of tender documents, and the information on the intention of the Agency to hold at this stage a suppliers'   (contractors')  meeting;
p)  the validity period of a tender;
q)  the place, date and time for opening of tenders;
r)  the procedures to be applied when opening of tenders;
s) the currency to be used for assessment and comparison of tenders, or exchange rate to convert the tender's price into this currency, or a notice informing that the exchange rate published by a certain financial institution and in effect on a certain date is applicable;
t) the reference to this Law, other regulatory procurement acts provided that non-reference to these shall not give rise to appeal or responsibility on behalf of the Agency;
u) the first name, last name, position, contact data of one or several officials or Agency's employees authorised to keep in touch with suppliers (contractors);
v) the notice of the right to appeal against an act, decision of the Agency or its procedure of procurement;
w) the information on the right of the working group to reject all tenders in accordance with Article 12;
x) the formalities required after the acceptance of tenders for the procurement contract, including where appropriate the confirmation by a superior body and anticipated date of receipt of such confirmation
y) other requirements established by the Agency in accordance with this law and other regulatory procurement acts.

Article 31. Clarification of and modifications in the tender documents
(1)  A supplier   (contractor)  may request the Procurement Agency to provide clarification of the tender documents. The Agency is obligated to respond to such request in case it was received before the deadline for submission of tenders, and to do it within time limits allowing the supplier (contractor) to submit his tender in good time. The Agency shall provide this clarification without specifying the source of the request to all suppliers (contractors) to whom the tender documents have been supplied.
(2)    Prior to the expiry of the time limit laid down for submission of tenders the procurement Agency has the right on its initiative or in response to the request for the clarification on behalf of the supplier (contractor) to make modifications in the tender documents. All suppliers (contractors) to whom tender documents have been supplied by the Agency shall be immediately informed of such modifications that are binding upon them.
(3)    In the case where a suppliers' (contractors') meeting is held, the Procurement Agency shall draw up the minutes containing requests for clarification of the tender documents that have been made during this meeting as well as responds to these requests without specifying the source of request. The minutes shall be immediately made available to all suppliers (contractors) to whom the Agency forwarded the tender documents so that they could take account of their provisions in preparation of their tenders. These minutes shall be an integral part of the tender documents, and the provisions that the Agency considers modifications or additions to tender documents must be marked accordingly.

PART 2
SUBMISSION OF TENDERS

Article 32. Conditions for submitting tenders
(1)    The Procurement Agency shall establish the place and the deadline (data and time) for submission of tenders , taking into account the commencement of their submission upon expiry of 45 days of the issue of tender documents. This time limit shall not be less than 10 days.
(2)    In case the Procurement Agency provides clarification or makes amendments to the tender documents or holds a suppliers' (contractors') meeting the time limit for submission of tenders, where appropriate, shall be extended in order to give suppliers (contractors) time necessary to take account of this clarification,  modification or provision in the minutes of the meeting.
(3)    The Procurement Agency has the right at its discretion to extend this time limit before the submission deadline expires.
(4)    A notice of the extension of the above time limit shall be forthwith forwarded to each supplier (contractor) to whom tender documents have been supplied by the Procurement Agency.
(5)    A tender shall be submitted signed and in writing in a sealed envelope. Provision is also made for the possibility of submitting a tender by fax in respect of specific standardised goods in accordance with the regulations designed by the Procurement Agency. At the supplier's (contractor's) request the Agency shall issue a certificate specifying the date and time of receipt of a tender.
(6)    A tender received by the Procurement Agency upon the expiry of the deadline for submission of tenders shall not be opened and shall be returned to the supplier  (contractor)  who submitted it.

Article 33. Validity of a tender.
Modification in and withdrawal of a tender
(1)    Tenders shall remain in force within the time limit stated in tender documents.
(2)    Prior to expiry of validity of tenders the Procurement Agency may propose the tenderer extending this time limit for a certain period of time. The tenderer is entitled:
a)    to reject this proposal without losing the right to withdraw the security of his tender;
b)    to agree to this proposal, in this instance the tenderer shall extend the validity of the security for his tender or provides a new security for the tender for the extended period of its validity. The tenderer who has not extended the validity of the security for his tender or has not provided a new security for the tender, shall be considered as the one who has rejected the proposal on extension of a tender's validity.
(3) Unless otherwise provided in the tender documents, the tenderer has the right to make an amendment or to withdraw his tender prior to the deadline for submission of tenders without losing the right to withdraw the security for his tender. Such amendment or notice of withdrawal of a tender shall be valid if it is received by the Procurement Agency prior to the expiry of the said period.

Article 34. Security for a tender
(1)    In purchasing goods and works the Procurement Agency shall require of suppliers (contractors) submitting tenders to provide security for tenders at the time of their submission.
(2)    Tender documents may- envisage requirements of the Procurement
Agency concerning the acceptability of the issuer of the security for a tender or of the confirming party if available, as well as concerning the forms and conditions of the security for a tender. The Agency shall not reject a tender on the ground that the security has been provided by a foreign issuer (unless it comes into conflict with the effective legislation on condition that this security for a tender and this issuer meet all other requirements of tender
documents.
(3)    A supplier (contractor) prior to submission of a tender may request the Procurement Agency to confirm the admissibility of the issuer of the security or of the confirming party. The Agency shall immediately respond to this request. However, such confirmation does not prevent the Agency from rejecting the security for a tender on the ground that this issuer or the confirming party has gone bankrupt and confidence in them has been lost.
(4)    The Procurement Agency shall list in the tender documents requirements in" respect of the issuer, form, size and other basic conditions of the security for a tender, and in respect of the supplier (contractor) who provides the security for a tender for the cases where:
a)    a tender is rejected or changed upon the expiry of the time limit
envisaged for submission of tenders;
b)    a procurement contract fails to be signed with the best tenderer;
c)    a tenderer does not accept a correction of an arithmetical mistake made in accordance with Part   (1)  of Article 38;
d)    security for execution of the contract following the acceptance of a tender is not provided, or any other requirement specified in the tender documents are not fulfilled prior to the signing of the contract.
(5)    In purchasing goods and works estimated at less than 2 500 minimum wages the Procurement Agency has the right not to require of suppliers (contractors) to provide the security for a tender. In case this requirement is made,  the Agency shall observe the provisions of this Article.
(6)    The amount of the security for a tender shall not exceed 3 per cent of the estimated value of the procurement contract.
(7)    The Procurement Agency shall not be entitled to claim the amount of the security for a tender and shall immediately return the document on the security for a tender after one of the following instances occurs:
a)    expiry of a tender's security validity;
b)    conclusion of procurement contract and provision of the security for
execution   of   the   respective   contract   in   case   such  provision   is   required   by
tender documents;
c)    termination by the Agency of tendering procedures without awarding a procurement contract;
d)    withdrawal of a tender prior -to the deadline for submission of tenders if tender documents do not provided -for the inadmissibility of such withdrawal.

Article 35.  Security for execution of a contract
(1)    In purchasing goods and works the Procurement Agency shall require that a tenderer provides when awarded a contract a security for its execution.
(2)    The Procurement Agency shall lay down in the tender documents the requirements concerning the issuer, and the form, size and other principal requirements concerning the security for execution of a contract.
(3)    Prior to the provision of the security for execution of a contract a tenderer shall have the right to make an inquiry to the Procurement Agency for the confirmation of admissibility of the issuer of the offered security for execution of a contract or of the confirming party. The Agency shall immediately respond to such inquiry.
(4)    In purchasing goods and works estimated at less than 2 500 minimum wages the Procurement Agency shall have the right not to require of suppliers (contractors) to provide a security for execution of a contract. In case this requirement is made,  the Agency shall observe the provisions of this Article.
(5)    The amount of the security for execution of a contract shall not exceed 15 per cent of the estimated value of a procurement contract.

Article 36. Tender Commission
In purchasing goods, works and services the Procurement Agency shall set up a tender commission that is responsible for opening-up of tenders and subsequent transfer thereof to the respective working groups for consideration, evaluation and comparison.

PARTS 3
EVALUATION AND COMPARISON OF TENDERS

Article 37. Opening-up of tenders
(1)    Tenders shall be opened up at the time the deadline for submission of tenders as specified in tender documents expires or at the time the extended time limit expires at a place and in accordance with the procedures established by the tender documents. At opening-up of tenders all tenderers or their representatives shall be present.
(2)    The name and contact data on each tenderer the tender of which is being opened up as well as its price shall be announced to all those present upon opening-up, and , on request, to the tenderers who were not present or not presented at the opening-up, and shall be immediately recorded in the report on the procurement procedure.
Article 38.      Consideration,  evaluation and comparison of tenders
(1)    To facilitate consideration, evaluation and comparison of offers the working group is entitled to request the tenderer to provide clarification of his tender. No changes in a tender are permitted (inclusive of the change in the price) following which a tender, that originally did not satisfy the requirements , would satisfy them. Purely arithmetic errors discovered in a tender during its consideration shall be corrected by the working group which immediately informs the tenderer thereof.
(2)    The working group is also entitled to consider a tender as satisfying the requirements in the case where there is a negligible departure from the provisions of tender documents or mistakes or errors that can be corrected without affecting its merit. Such departures shall be to the extent possible expressed quantitatively and taken into account in the evaluation and comparison of tenders.
(3)    The working group shall not accept a tender in case  :
a)    a tenderer does not meet the qualification requirements;
b)    a tenderer does not agree with the correction of the arithmetic mistake;
c)    a tender does not satisfy the requirements of the tender documents;
d)    a fact of bribery has been established.
(4)    The working group shall evaluate and compare tenders received to
determine the best tender by using procedures and criteria laid down in the tender documents. No criterion unless specified in tender documents shall be used. Results of the consideration, evaluation and comparison of tenders shall
be submitted to the Procurement Agency for approval.
(5)    The successful tender shall be:
a)    a tender offering the lowest price taking into account the preferential margin;
b)    provided that specified in the tender documents - a tender offering the
lowest estimated value determined on the basis of the following criteria for which a relative value and, where possible, a value equivalent shall be established:
-    a price of a tender taking into account a preferential margin;
-    expenses for exploitation, technical service and repair, terms for
delivery of goods, completion of works and provision of services; functional characteristics of goods and services; terms of payments and security concerning goods, works and services;
-    privileges connected with the country's defense and national security.
(6)    In evaluation and comparison of tenders the working group is entitled to apply, if approved by the Procurement Agency, the preferential margin in favor of the tenders for works performed by domestic contractors , or for domestically produced goods. This margin shall not exceed 10 per cent of the price of a tender and be shown in the report on the procurement procedures.*
(7)    In case the price of a tender is expressed in two or more currencies to facilitate evaluation and comparison of offers their prices shall be converted in a single currency in accordance with the exchange rate specified in tender documents.
(8)    In case a tenderer does not fulfil the requirement of the working group to reconfirm the qualification data when awarded a procurement contract, his offer shall be rejected and another successful tender shall be chosen out of
those remaining. The working group shall be entitled to reject, if approved by the Procurement Agency,  all other tenders.
(9)    No information concerning consideration, evaluation and comparison of tenders shall be disclosed to tenderers and other persons unless they officially took part in these procedures and determination of the best tender.
Article 39.  Prohibition to negotiate with tenderers
No negotiations with respect to a submitted tender shall be held between the Procurement Agency, working group on the one hand, and a tenderer on the other hand.

Article 40. Acceptance of a tender and conclusion of a procurement contract
(1)    Within 3 days of the date on which the Procurement Agency approves the accepted tender, a notice in writing shall be forwarded to a tenderer who submitted it informing him that his tender has been accepted.
(2)    Tender documents may require of the tenderer whose tender has been accepted to sign a procurement contract within 20 days of the date on which it is   presented   for   signing   by   the   tenderer.   The   contract   shall   be   considered concluded at the time it is signed by the parties.
(3)    If the tender documents provide that a procurement contract is to be approved by a superior body, the contract shall not come into force prior to this approval. A tentative date of such approval shall be indicated in the tender documents. Failure to be approved at this date shall not result in the extension of a tender's validity or validity of a security for a tender, which might be necessary if there is no other agreement in writing between the Procurement Agency,  working group and a tenderer.
(4)    Except' for the cases referred    to in parts (2) and (3) a procurement contract shall, come into force at the    time of dispatch to a tenderer of a contract award notice, provided that    the notice is dispatched within the tender's validity period.
(5)    In case where a tenderer who received a contract award notice in writing within the time limit fixed in tender documents failed to sign a contract or to submit a required security for execution of the respective contract, the working group shall be entitled to reject this tender and to chose another successful tender instead out of the valid tenders. In so doing, the working group is entitled to reject all other tenders provided that it is approved by the Procurement Agency.
(6)    Within 10 days of the date a procurement contract has been concluded, other tenderers who participated in tendering shall be informed about it, the name , as well as the contact information about the supplier (contractor) whom the contract has been awarded and the value of the contract being made known to them.

TITLE VI
SERVICE PROCUREMENT PECULIARITIES

Article 41.  Inviting tenders
(1)    In all the cases where there is a doubt as to whether the subject of procurement is a good or a service, the procurement shall be treated as procurement of goods.
(2)    The Procurement Agency shall invite tenders for services or pre¬selection by giving a relevant notice in its official publication as well as internationally circulating mass media. The notice shall specify the name, location of the Agency, brief description of services to be procured , methods for obtaining documents relating to requests for proposals or pre-qualification documents as well the amount charged for that,   if any.
(3)    The Procurement Agency shall not apply provisions of part (2) in the case where:
a)    services to be procured are available from a limited number of suppliers (contractors) provided that tenders of all these suppliers (contractors)  are invited;
b)    expenses needed for consideration and assessment of a big number of tenders are incommensurate with the value of services procured provided that tenders of a sufficient number of suppliers (contractors) are invited to ensure effective competition;
c)    direct invitation is the only method to ensure confidentiality or public interest so requires on the condition laid down in paragraph b).
(4)    In purchasing consulting services there is a possibility of inviting qualified consultants in accordance with the list adopted by the Procurement Agency.
(5)    The Procurement Agency shall supply documents relating to the request for proposals or pre-qualification documents to suppliers (contractors) in accordance with the procedures and requirements referred to in the notice, or in the cases provided for in part (3) directly to suppliers (contractors). A fee that   may  be   charged  by  the   Procurement   Agency   for   the   documents   relating   to requests for proposals or pre-qualification documents shall only include costs associated with their printing and delivery thereof. In holding pre-selection procedures the Agency shall supply documents relating to the request for proposals or pre-qualification documents to each supplier (contractor) who has passed the selection and paid a corresponding fee.

Article 42. Documents relating to requests for proposals
Documents relating to requests for proposals shall include the following information:
a)    name and location of the Procurement Agency ;
b)    the method,  place and time limit for submission of tenders;
c)    whether the working group reserves the right to reject , provided that
it is approved by the Agency,  all tenders - a relevant application;
d)    the requirements relating to documents or other information to be submitted by suppliers (contractors) in order to confirm their qualification data;
e)    the description of services procured, as a general rule, in the form of reference data which includes the place and time limits for provision of services;
f)    whether the Agency invites tenders relating to the variants in satisfying the demand;
g)    whether suppliers (contractors) are permitted to submit tenders for only part of services to be procured in respect of which tenders may be submitted;
h)    the currency (currencies) in which the price of a tender must be calculated and expressed except for the cases where the price is not taken into consideration;
i)    the method based on which the price of a tender must be calculated and expressed, including an indication of whether the price must in addition to the cost of services also include such    components    as    expenses    on transportation, accommodation, insurance, utilization of equipment, taxes and duties except for the cases where the price is not taken into account;
j)  procedure for determination of the successful tender;
k) criteria applied in determination of the best tender, their relative value and application methods;
1) currency used in the evaluation and comparison of tenders as well as the exchange rate applied in conversion of a tender's price into this currency, or a notification indicating that an exchange rate published by a specific financial institution on a specific date will be applicable;
m) if alternative characteristics of services, terms of a contract or other requirements are permissible,- a relevant notification laying down the evaluation and comparison methods as regards alternative tenders;
n) the first name, last name, position and contact information of one or several officials or employees of the Agency authorized to directly maintain relations with suppliers  (contractors);
o) the methods whereby suppliers (contractors) may ask for clarification of requests for proposals in accordance with Article 31, and a notification on the Agency's intention to hold a tenderers' meeting at this stage;
p) the terms of a procurement contract or a form of a contract to be signed by the parties;
q) references to this law, other statutory acts on the procurement procedure provided that the absence of such reference does not give grounds for appeal or for arising of responsibility on behalf of the Agency;
r)    a   notice   of   the   right,    referred   to   in   this   law,   of   appeal   or   a requirement   to   reconsider   the   Agency's    act   or   decision   concerning   the
procurement procedure;
s) requirements concerning conclusion of a procurement contract including an approval thereof , if appropriate, by a superior body, and a supposed time limit for obtaining such approval;
t) in the case of provision of consulting services which may incur a conflict of interest - a notice stating that suppliers (contractors) to whom a contract on provision of consulting services is awarded must refrain from the participation in procurement of goods and services associated with the above services or which are the result thereof;
u) other requirements concerning preparation and submission of tenders and other procurement aspects approved by the Agency in accordance with this law and other statutory acts.

Article 43. The criteria for the selection procedure for service tenders
(1)    Upon making a decision to award service contracts by other than the
negotiated procedure, the Procurement Agency shall establish a certain level of
requirements in relation to qualitative and technical characteristics in
accordance with non-price criteria laid down in the request for proposals and
shall evaluate each tender on the basis of these criteria and applying the
procedure described in the requests for proposals. The best tender shall be :
a)    that offering the lowest price;
b)    that with the most advantageous aggregate estimated value taking into
account non-price criteria and prices.
(2)    Upon making a decision to apply a consecutive negotiation procedure to
award a contract, the Procurement Agency shall apply the following procedures:
a)    establishment of the level of requirements in accordance with part   (1);
b)    inviting to negotiations on the price of a tender of a tenderer who got the best evaluation in accordance with part   (1);
c)    informing this tenderer of the termination of negotiations in the case where it is impossible to come to an agreement with him on the mutually acceptable price of a tender;
d)    inviting to negotiations on the price of-a-tender of a tenderer who got the second best evaluation. In case of a failure to conclude a contract with that tenderer - inviting to negotiations other tenderers on the basis of the evaluations obtained by them until the contract is concluded or all remaining tenders are rejected.

Article 45.  Confidentiality
(1)    The Procurement Agency, the working group shall consider tenders confidentially without permitting their contents to be disclosed to competing tenderers.
(2)    Negotiations held in accordance with Article 44 are of the confidential nature . Neither party shall have the right to disclose to a third party, without obtaining consent of the other party concerned, any information under negotiation.

TITLE VII APPEAL

Article 46.  Right of appeal
(1)    Any supplier (contractor) who believes that he has incurred or might incur losses as a result of the procurement procedure, may appeal against the Procurement Agency actions or decision.
(2)    No subject of appeal may be:
a)    choice of procedures for selection of tenders for service procurement;
b)    restriction of participation in the procurement procedures as envisaged in part  (1)  of Article 8;
c)    decision on rejection of all tenders;
d)    absence of references to this law, other regulatory acts on procurement procedures,  and absence of the notice of the right of appeal.

Article 47. Administrative appeal
(1)    A supplier (contractor) is entitled to make a justified claim in respect of the Agency's action, decision or procedure applied by it.
(2)    The Procurement Agency shall not consider the claim if it is made upon expiry of 20 days after the supplier (contractor) who filed a claim has learnt the circumstances that served as the ground for the claim, or should have learnt them.
(3)    If the claim cannot be settled by means of agreement between the parties, the head of the Procurement Agency shall within 3 0 days from the date on which the claim is brought shall make a justified decision containing measures aimed at improving the situation that are to be taken if the claim has been wholly or partly confirmed.
(4)    If the Procurement Agency does not make a    decision within the period laid down in part (3), or the supplier (contractor)    is not satisfied with the decision made, he is entitled to take legal action    in accordance with Article 50. After initiating proceedings the Agency loses    the right to consider the given claim.
(5)    If the supplier (contractor) does not take legal action, the Procurement Agency's decision shall be final.
(6)    The Procurement Agency shall be responsible for recovery of losses, incurred by the supplier (contractor) as a result of the Procurement Agency's illegitimate action, decision or procedure applied by it, other than profit not realized or missed opportunity to realize profit.

Article 48. Some procedures concerning appeal procedures
(1)    The Procurement Agency shall immediately after receiving a notice inform all suppliers (contractors) participating in the procurement procedure of its content.
(2)    A supplier (contractor) or a public institution whose interests are prejudiced or may be prejudiced have the right to participate in these procedures. A supplier (contractor) who failed to participate in the appeal procedure may not subsequently file a similar claim.
(3)    The Procurement Agency's decision within 5 days of the date on which it is made shall be dispatched to the supplier (contractor) who made a claim, or to any other supplier (contractor) , or a public institution which participated in the appeal procedure. The claim and the decision shall forthwith be presented for familiarization to all parties concerned unless release of such information is contrary to law, public interest, or prejudice the legitimate commercial interests of the parties concerned,  or prejudice fair competition.

Article 49. Suspending the procurement procedures
(1)    Filing a claim within the established time limit shall suspend the procurement procedures for 7 days provided that the claim is substantial and contains justification for the following:
a)    without such suspension the supplier  (contractor)   incurs losses;
b)    there is a possibility of satisfying this claim;
c)    suspension does not prejudice parties participating in the procurement procedure.
(2)    In case a procurement contract  is concluded,   timely filing of a claim
shall suspend execution of the. procurement contract for 7 days provided that the claim meets the requirements of part  (1).
(3)    The Procurement Agency may extend the time limit for suspension laid down in parts (1) and (2) with the intention of ensuring right of the supplier (contractor) who made a claim or took legal action unless total suspension
period exceeds 3 0 days.
(4)    The decision of the Procurement Agency made in accordance with this article with indication of the grounds shall include a report on procurement procedures.
(5)    No suspension shall be applied if in the Procurement Agency's opinion urgent public interest requires continuation thereof. A decision containing justification for such interest , also including a report on procurement procedures shall be final to the exclusion of the cases where an appeal to court lies from it..

Article 50. Appealing to court
The Procurement Agency's decision with respect to the administrative claim may be the subject of appeal to court in conformity with the effective legislation.

Article 51.  Responsibility for non-observance of this law
The Procurement Agency, working groups , subjects of procurement that permitted non-observance of the requirements of this law shall be brought to property, administrative or criminal responsibility according to the law.

TITLE VIII
FINAL AND TRANSITIONAL PROVISIONS

Article 52.
This law comes into effect on the date of its publication.

Article 53.
The Government shall within 3 months :
submit to the Parliament proposals on bringing the effective legislation into line with this law;
ensure revision and annulment by all ministries and departments of their regulatory acts that are contrary to this law; approve the composition of the National Agency for public procurement and Provision thereon.

Article 54.
The National agency for public procurement shall develop and adopt The Provision on the Procurement Working Group.

Article 55.
Before regulatory acts are brought into line with this law, they shall be applicable in so far as they are not contrary thereto.

Article 56.
Contracts on delivery of goods, works and services concluded before this law comes into effect shall be valid until the expiry of their validity period.

Chairman of Parliament Dumitru Motspan

Chisinau,
30 April  1997 No.1166-XIII

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