LAW OF THE REPUBLIC OF MOLDOVA

of December 21, 2007 No. 294-XVI

About political parties

The Parliament adopts this organic law.

Chapter I. General provisions and principles

Article 1. Political parties

(1) Political parties are the voluntary, having the status of the legal entity associations of citizens of the Republic of Moldova with voting power which by means of joint activities and on the basis of the principle of free participation promote forming, expression and realization of the political will.

(2) Being democratic institutes of the constitutional state, political parties are supported by democratic values and political pluralism, promote forming of public opinion, participate by means of promotion and support of candidates in elections and forming of bodies of the public power, stimulate participation of citizens in elections, participate through the representatives in legal implementation of the power in the state, perform other activities according to the law.

(3) the structures dealing with special problems of separate social or professional groups can create Political parties in the structure.

(4) for the purpose of realization of the political will of batch can join the international political organizations.

Article 2. Territorial principle of the organization of political parties

(1) Political parties will be organized by the principle of the administrative-territorial device of the Republic of Moldova.

(2) the territory which is under jurisdiction of the Republic of Moldova shall be the Location of governing bodies, branches and structures of political parties.

(3) the structures and bodies in organizations, the organizations and at the companies cannot create Political parties.

Article 3. The prohibitions imposed on activities of political parties

(1) Political parties which by means of the charter, programs and/or the activities oppose sovereignty, territorial integrity of the country, democratic values and law and order of the Republic of Moldova use the illegal or violent means not compatible to the basic principles of democracy for realization of the tasks are prohibited.

(1-1) Creation and registration of new political party, and also use of already registered political party for continuation or renewal as political batch successor of activities of political party, acknowledged unconstitutional, are prohibited because of illegal implementation of the right to political consolidation.

(1-2) Establishment of the status of political batch successor of political party, acknowledged unconstitutional, is performed by degree of jurisdiction taking into account bonds, essential similarity between both political parties if is confirmed by the produced evidence that the political party or already registered political party created and being subject to registration are adjusted to continue or resume activities of political party, acknowledged unconstitutional. In this regard the following circumstances shall be considered:

1) the chairman, the vice-chairman of political party, members of the central executive bodies of political party, the person performing management or representing batch at the central level irrespective of post according to the party charter:

a) played the leading role or actively participated in actions or in decision making which led to recognition of illegality of this political party;

b) at the time of making of actions for which the political party was recognized as unconstitutional held position of the chairman, vice-chairman, member of the central executive bodies and though did not support the decision and did not participate in their acceptance or in making of actions which led to recognition of illegality of political party, did not make the public statement about unacceptance of such decisions or acts;

c) maintain close contact, actively and regularly interact with acknowledged unconstitutional political party, showing thereby the support at the party level;

2) the central governing body of political party according to the charter or direct heads of political party determined the purposes or authorized carrying out collateral actions with political party, acknowledged unconstitutional;

3) the political party is created, headed or provided at the central level by persons who propagandize the purposes, programs or ideology of political party, acknowledged unconstitutional;

4) the actions and performances attributed to political party generally create complete picture which gives clear idea of the activities performed together with political party, acknowledged unconstitutional;

5) similarity between structures of political party, their organization or functioning and structures of political party, acknowledged unconstitutional;

6) origin of financial resources, material values, material or media support;

7) other essential circumstances, such as readiness to support bribery of voices, illegal financing of political parties or use of other antidemocratic methods allowing degree of jurisdiction to establish succession or successorship of political party, acknowledged unconstitutional, by comparison of the specified actions or data with the similar actions or data which formed the basis for recognition of illegality of political party.

(1-3) Provision of parts (1-1) and (1-2) extend:

a) on the relations between political party and the faces provided by the subitem and) Item 1) parts (1-2), within five years from the date of removal by the Constitutional court of the resolution on recognition of illegality of political party;

b) on the relations between political party and the faces provided by the subitem b) Item 1) parts (1-2), within four years from the date of removal by the Constitutional court of the resolution on recognition of illegality of political party;

c) on the relations between political party and faces, on the interaction or circumstances provided by the subitem c) of Item 1) and the part Items 2)-7) (1-2), in case of premises for application of the specified provisions, but no later than three years after making of act or approach of the corresponding circumstances.

(2) Accession of political parties to the international political organizations, the purposes or activities of which are not compatible to the provisions provided by part (1), it is forbidden.

(3) Political parties cannot organize charity or sponsor's events, be engaged in business activity with consumer goods or essential goods, including to advertizes them, cannot organize and perform the military or militarized activities, and also any other activities prohibited by the law.

(4) Any intervention in internal affairs of political parties, behind the exceptions provided by the law, is forbidden.

(5) In the Republic of Moldova creation and activities of batches and other political organizations of other states, and also their branches and structures are not allowed if they lead to slander and discredit of the state and the people, incitement of military aggression, national, racial or religious discord, instigation to discrimination, territorial separatism, violence in society and to other phenomena encroaching on the constitutional system.

(6) Creation and activities of political parties on the basis of discrimination on the basis of race, nationality, ethnic origin, language, religion, floor, property status or social origin are prohibited.

Article 4. Attributes of political parties

(1) Each political party has full name, the abbreviated name and the symbolics.

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