LAW OF THE REPUBLIC OF MOLDOVA

of February 26, 2026 No. 20

About legal remedies and methods of appeal in the field of award of agreements on the public, sectoral procurements and concession treaties

The Parliament adopts this organic law.

This law partially shifts (parts (1) - (3) Articles 1, of part (1) - (5), (8) and (9) articles 2, of article 2a-2f and 3a) the Directive of Council 89/665/EES of December 21, 1989 about coordination of legal and administrative acts about application of the procedures concerning appeal methods in the field of award of agreements on public procurements of goods and agreements on public procurements of works, published in the Official magazine of the European Union by L 395 of December 30, 1989, CELEX: 31989L0665, taking into account the last changes made by the Directive of the European parliament and Council 2014/23/EU of February 26, 2014 about award of concession treaties and also partially shifts (parts (1) - (3) Articles 1, of part (1) - (5), (8) and (9) articles 2, of article 2a-2f and 3a) the Directive of Council 92/13/EES of February 25, 1992 about coordination of the legal and administrative acts concerning application of regulations of Community in the field of procedures of public procurements by the subjects performing the activities in sectors of water supply, power, transport and telecommunications published in the Official magazine of the European Union by L 76 of March 23, 1992, CELEX: 31992L0013, taking into account the last changes made by the Directive of the European parliament and Council 2014/23/EU of February 26, 2014 about award of concession treaties.

Chapter I. General provisions

Article 1. Scope of the law

This law regulates the organization and functioning of National authority for the dispute resolution, legal remedies and methods of appeal, and also the procedure of permission of claims in the field of award of agreements on public procurements, agreements on sectoral purchases, concession treaties on performance of works and concession treaties on rendering services by the buying bodies/subjects.

Article 2. Basic concepts

(1) for the purposes of this law the following concepts are used:

1) interest - legal, direct and urgent interest of public or private nature which can be affected by the decision, the actions or failure to act which arose within the procedures of award of agreements on public procurements, agreements on sectoral purchases, concession treaties on performance of works or concession treaties on rendering services;

2) the procedure of award - the procedure regulated by the framework legislation by means of which award of the agreement on public procurements, agreements on sectoral purchases, the concession treaty on performance of works or the concession treaty on rendering services is supposed;

3) correction - action for adjustment of the act of the buying body/subject made within the procedure of award;

4) expectation term - the period during which the buying body/subject has no right to sign the agreement on public procurements, the contract on sectoral purchases, the concession treaty for performance of works or the concession treaty for rendering services under the threat of negligibility of the agreement.

(2) the Concepts provided by part (1), are supplemented on circumstances with the concepts determined by the legislation on public procurements, the legislation on sectoral purchases, and also the legislation on concessions of works and concessions of services.

Article 3. The status of National authority according to the dispute resolution

(1) the National authority according to the dispute resolution (further - NORS) is autonomous body of the public power which considers and/or resolves the complaints made within the procedures of award of agreements on public procurements, agreements on sectoral purchases, concession treaties about performance of works or concession treaties on rendering services.

(2) NORS is the legal entity of the public law having treasurer accounts, seal with the image of the State Emblem of the Republic of Moldova and other attributes inherent in bodies of the public power according to the legislation.

(3) NORS has organizational, functional, operational and financial independence according to this law.

(4) NORS shall provide observance of the rights and legitimate interests of all participants of the procedure of permission of the claim, without allowing provision of privileges or discrimination.

(5) Regulations on the organization and functioning NORS, its structure and extreme number affirm the resolution of Parliament.

Article 4. Budget of NORS

(1) Activities of NORS are completely financed from the government budget within the budgetary appropriations approved by the law on the government budget.

(2) the Budget of NORS is developed and affirms according to the principles, rules and procedures provided by the Law on public finance and budget and tax responsibility No. 181/2014, for independent/autonomous budget bodies.

Article 5. Principles of activities

Activities of NORS are based on the following principles:

a) independence - implementation of activities irrespective of the Government, other bodies of the public power, other legal entities of public or private law and physical persons;

b) legality - observance of the Constitution of the Republic of Moldova, the national legal system and international treaties which party is the Republic of Moldova;

c) impartiality - implementation of activities for permission of claims objectively, impartially, on the basis of professional judgments and precepts of law;

d) availability - possibility of the parties to independently determine amount of requirements and remedies;

e) competitiveness - possibility of the parties to formulate, reason and prove the line item in the course of permission of the claim, and also to express the opinion according to any actual and legal issues concerning the claim.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info