LAW OF THE REPUBLIC OF MOLDOVA

of June 6, 2002 No. 1104-XV

About the National center for fight against corruption

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Field of regulation

This law regulates the legal basis, the principles of activities, mission, functions, tasks and the rights, and also procedure for the organization and functioning of the National center for fight against corruption.

Article 1-1. Status of the National center for fight against corruption

(1) the National center for fight against corruption (further – the Center) is specialized autonomous body of the public power for the prevention of corruption, acts, adjacent to corruption, and corruption acts, and also on fight against them.

(2) the Center is legal entity of the public law, has treasurer accounts, seal with the image of the State Emblem of the Republic of Moldova and other necessary attributes established by the legislation.

(3) the Center is apolitical body, does not provide the help and does not support any political party.

(4) the Center is independent in the activities and submits only to the law. The center has organizational, functional and operational independence according to law provisions.

Article 2. Legal basis of activities

(1) the Legal basis of activities of the Center are the Constitution of the Republic of Moldova, this law, other regulations, and also the international agreements, one of the parties of which is the Republic of Moldova.

(2) Provisions of this law are supplemented with provisions of the Law on the state position and the status of the government employee No. 158-XVI of July 4, 2008, the Law on the status of persons who are taking up responsible state positions No. 199 of July 16, 2010, provisions of the labor law and also, depending on circumstances, general civil, administrative or criminal regulations in the part which is not contradicting the special legislation regulating activities of employees of the Center.

Article 3. Principles of activities

The center performs the activities on the basis of the following principles:

a) legality;

b) independence;

c) impartiality;

d) preferential application of methods of the prevention of corruption in comparison with methods of fight against it;

e) observance of basic rights and human freedoms;

е 1) integrity;

f) feasibility;

g) combination of public and secret methods and means;

h) combination of one-man management and collective nature;

i) cooperation with other bodies of the public power, public organizations and citizens.

Article 3-1. Financing of activities of the Center

(1) the Center is financed from the government budget, and also from other sources which are not prohibited by the law.

(The Center develops 2) and approves the budget, and also manages it according to the principles, rules and procedures provided by the Law on public finance and budget and tax responsibility No. 181/2014.

Chapter II Mission, functions, tasks and rights of the center

Article 4. Mission of the Center

The mission of the Center consists in the prevention of corruption and fight of c to it in the Republic of Moldova by use of regulatory and institutional base according to the prevention of corruption and fight against it, strengthenings of national system of integrity and increase in trust of citizens to the constitutional state.

Article 5. Functions of the Center

(1) For the purpose of realization of the mission the Center performs the following functions:

a) prevention, identification, investigation and suppression of the acts of corruption adjacent to corruption of acts and corruption acts;

b) compensation of the property got in the criminal way;

c) carrying out operational, tactical and strategic analysis of the acts of corruption adjacent to corruption of acts and corruption acts;

d) observation of the legal entities accused of making of corruption crimes who signed the judicial agreement in public concerns;

e) assessment of institutional integrity according to requirements of the Law on assessment of institutional integrity No. 325/2013, monitoring of implementation of plans for integrity and assessment of the made progress;

f) anti-corruption examination of the drafts of the modifed regulations of the Government and also registered in Parliament of other legislative initiatives for the purpose of identification of risks of corruption and generating them factors and also submission of recommendations about their elimination;

g) consideration of warnings of integrity violations;

h) monitoring and assessment of program documents in the field of integrity and fight against corruption, and also promotion of offers on development of regulations and program documents in the field of the competence;

i) cooperation with external partners in development and other organizations and the organizations both on national, and at the international level.

(2) Functions of the Center are exhaustive and cannot be changed or added differently as the law.

Article 5-1. Tasks of the Center

Tasks of the Center are:

a) coordination, monitoring and assessment of program documents in the field of integrity and fight against corruption, submission of offers on modification of the regulatory base in the field of the competence;

b) taking measures to the prevention of the acts of corruption adjacent to corruption of the acts and corruption acts referred to its competence, and fight against them;

c) establishment and consideration of the offenses carried to its competence and also assignment of punishment for them;

d) implementation of criminal prosecution on offenses which suppression is referred to its competence;

e) ensuring compensation of the property got in the criminal way according to provisions of the Law on the Agency on compensation of the property No. 48/2017 got in the criminal way;

f) holding special search events according to the legislation and within competence of the Center, including for the purpose of search and the establishment of persons disappearing from criminal prosecution authority or degree of jurisdiction or evading from execution of the punishment;

g) acceptance and registration of statements, messages, addresses and other information on crimes, their check according to the legislation;

h) evaluating institutional integrity according to requirements of the Law on assessment of institutional integrity No. 325/2013;

i) issue of the reference from the register of testing of professional integrity at the request of heads of public subjects;

j) carrying out operational, tactical and strategic analysis of the acts of corruption adjacent to corruption of acts and corruption acts;

k) receipt of revelations of violations of the law and consideration of warnings of violation of integrity according to regulations of the Law on informers on integrity No. 165/2023 violations;

l) conducting anti-corruption examination of drafts of regulations of the Government, and also other legislative initiatives registered in Parliament;

m) holding information and educational actions in the field of fight against corruption;

n) safety of activities and protection of the workers in case of execution of service duties by them;

o) ensuring training and continuous professional training of personnel;

p) maintaining according to the legislation of accounting of the persons liable for call-up serving in the Center as officers for fight against corruption;

q) ensuring access to data, components the state, bank, commercial and protected law other secret which became known to employees of the Center during the course of performance them the tasks assigned to the Center, and also ensuring protection and safety of such data. This information can be provided to other bodies of the public power according to the law;

r) collection, check, assessment, the analysis, accumulating, preserving and use of information on crime in the field of the competence;

s) the conclusion of agreements on cooperation with the interested organizations in the country and abroad;

t) ensuring cooperation with external partners in development, foreign, regional and international organizations / organizations;

u) annual representation to Parliament till March 31 of the report on the activities for previous year and its publication on the official web page of the Center.

Article 6. Rights of the Center

For accomplishment of the tasks and obligations assigned to it the Center has the right:

a) Ceased to be valid according to the Law of the Republic of Moldova of 27.12.2012 No. 319

b) Ceased to be valid according to the Law of the Republic of Moldova of 27.12.2012 No. 319

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