LAW OF THE REPUBLIC OF MOLDOVA

of July 5, 2012 No. 153

About modification and amendments in some legal acts

The Parliament adopts this organic law.

Art. I. - In the Law on judicial system No. 514-XIII of July 6, 1995 (Official monitor of the Republic of Moldova, 1995, No. 58, of the Art. 641), with subsequent changes, to make the following changes and additions:

1. Part (Article 4 to state 2) in the following edition:

"(2) Degrees of jurisdiction consider all cases on civil, administrative, pravonarushitelny and criminal legal relations, and also another matters for which the law does not provide other competence.".

2. In Article 6-1:

the name and part (to state 1) in the following edition:

"Article 6-1. Accidental distribution of cases and education of structures of court

(1) Activities for hearing of cases are performed with respect for the principle of accidental distribution of cases by means of the electronic program for administration. If the judge to whom the case which is not able to continue consideration of the case was distributed the responsible person based on motivated determination of the chairman of degree of jurisdiction provides accidental redistribution of case to other judge by means of the electronic program for administration. The card containing information on accidental distribution of case is applied without fail to each case.";

add Article with part (1-1) following contents:

"(1-1) Education of structures of court and appointment of their chairmen are performed at the beginning of year according to the order of the chairman of degree of jurisdiction. Replacement of members of structure of court is made in exceptional cases based on motivated determination of the chairman of degree of jurisdiction and according to the objective criteria established by the provision approved by the Supreme council of magistracy. Motivated determination about replacement of members of structure of court is applied to case papers.".

3. In Article 11:

in part (1) word of "defender". shall be replaced with words "the chosen defender or the lawyer providing the legal aid guaranteed by the state.";

part (to recognize 2) invalid.

4. Recognize Article 12 invalid.

5. In part (2) Article 13 "administrative" to replace the word with the word "pravonarushitelny".

6. In Article 15:

add Article with part (2-1) following of content:

"(2-1) Within courts from among judges of degree of jurisdiction are appointed the judges on criminal prosecution given own authority in implementation of criminal procedure. Appointment of judges on criminal prosecution is performed according to the procedure and conditions provided by provision of the Supreme council of magistracy.";

part (to recognize 5) invalid.

7. In Article 16:

in part (words" which in addition to functions of the judge performs also managerial functions" to exclude 1);

part (to state 2) in the following edition:

"(2) Chairmen of degrees of jurisdiction are helped by their deputies. In courts the position of the vice-chairman is established if the number of judges constitutes more 6, and in appeal chambers and in the Highest trial chamber the number of deputies is determined on number of boards.";

add Article with parts (2-1) and (6) the following content:

"(2-1) Deputy chairmen of appeal chambers and the Highest trial chamber at the same time perform function of chairmen of the boards created within these instances.";

"(6) in case of vacant position, including in connection with the expiration of powers of the chairman of degree of jurisdiction, its power before appointment of the new chairman the vice-chairman of degree of jurisdiction or other judge appointed by the Supreme council of magistracy performs.".

8. Add the law with Article 16-1 of the following content:

"Article 16-1. Powers of chairmen and deputy chairmen of degrees of jurisdiction

(1) Chairman of degree of jurisdiction:

a) is involved in hearing of cases, distributed according to Article 61;

b) approves structure and coordinates activities of boards;

c) coordinates activities of judges for the purpose of ensuring consideration of cases by them in reasonable time, distributes obligations among judges;

d) differentiates powers of vice-chairmen;

e) suggests the Supreme council of magistracy to appoint from among judges of degree of jurisdiction of one or several judges on criminal prosecution;

f) provides specialization and advanced training of judges;

g) makes decisions on need of joint consideration of some categories of cases or cases in the relation of certain categories of persons;

h) forms structures of court and makes decisions on replacement of their members according to the procedure, provided by part (11) Article 61;

i) checks process of accidental distribution of the cases which arrived in degree of jurisdiction for consideration;

j) exercises the control of creation and posting in time established by procedural rules, information on the cases appointed for consideration including on subject of these cases;

k) directs activities for generalization of court practice and the analysis of legal statistics and provides information on these activities to the Supreme council of magistracy and according to Department of judicial administration in the part concerning the analysis of legal statistics;

l) considers petitions in the procedure provided by the law, the actions of judges except for concerning when implementing justice, and also regulations of their behavior;

m) claims and represents for informing to the Supreme council of magistracy the schedule of annual leaves of judges; grants to judges annual leave and recalls them from leave;

n) represents degree of jurisdiction in relations with bodies of the public power and mass media;

o) appoints to positions, changes, stops and stops according to the law employment relationships with government employees, hires, changes, stops and stops employment relationships with contractual personnel of the secretariat of degree of jurisdiction;

p) imposes authority punishments on personnel of the secretariat of degree of jurisdiction and takes measures for its stimulation;

q) performs other powers provided by the law.

(2) the Vice-chairman of degree of jurisdiction carries out obligations of the chairman of degree of jurisdiction in its absence.".

9. State Article 17 in the following edition:

"Article 17. Hearing of cases

Civil, criminal or another matters are considered by degrees of jurisdiction according to procedural rules.".

10. Recognize Articles 18 and 19 invalid.

11. State Article 21 in the following edition:

"Article 21. Organizational aspects

(1) the Location and the district of degrees of jurisdiction are established according to appendices to this law.

(2) 504 judgeships for all degrees of jurisdiction of the Republic of Moldova, including 33 judgeships of the Highest trial chamber Are established. Total number of judgeships includes also number of judgeships for the degrees of jurisdiction located on left bank of Dniester.

(3) Degrees of jurisdiction provide themselves with necessary number of judges, and also necessary number of personnel according to provisions of this law and decisions of the Supreme council of magistracy.

(4) the Necessary number of judges for each degree of jurisdiction is determined according to the Regulations on criteria of establishment of number of judges in degrees of jurisdiction approved by the Supreme council of magistracy. The provision is available to the public, is placed on the web page of the Supreme council of magistracy and is published in the Official monitor of the Republic of Moldova.

(5) in case of severe violation of functioning of degrees of jurisdiction because of availability temporarily of vacant positions of the judge these positions can be replaced sine die according to the law if they became vacant as a result:

a) sending out on business;

b) suspensions of powers based on article 24 of the Law on the status of the judge No. 544-XIII of July 20, 1995;

c) other reasons for the term of more than 1 year.

(6) the Quantity is temporary vacant positions which can be replaced in the cases provided in part (5), affirms for each degree of jurisdiction the Supreme council of magistracy according to the proposal of the chairman of degree of jurisdiction in 15-day time from the date of emergence of vacancy of position.

(7) After the termination of the situations provided in part (5), in case of return of the judge to degree of jurisdiction in which he worked earlier the Supreme council of magistracy according to the proposal of the chairman of degree of jurisdiction shall provide without delay it with vacant position from the reserve fund provided in parts (8) and (9) if in this degree of jurisdiction there are no vacant positions.

(8) For providing necessary judgeships after the termination of the situations provided in part (5), the reserve fund from 15 judgeships which can be staticized by review of this law is created.

(9) Positions from reserve fund will be distributed to degrees of jurisdiction based on the decision of the Supreme council of magistracy if in degree of jurisdiction in which the judge requested return to position there are no vacant positions.

(10) in case of the subsequent emergence, temporarily or finally, in the relevant degree of jurisdiction of vacant positions of the judge of judgeship, distributed according to part (6), are recovered by right from the date of emergence of vacancy of position in reserve fund, and the judge holding such position is considered taken on as, become vacant. Inclusion of vacant position in reserve fund is stated according to the proposal of the chairman of degree of jurisdiction by the decision of the Supreme council of magistracy in 15-day time from the date of emergence of vacancy of position.

(11) the Sums of money corresponding to financing of the unoccupied positions provided by part (5), are transferred into the government budget at the end of each calendar year.".

12. Recognize Article 23 invalid.

13. Add the law with Articles 23-1, 23-2 and 23-3 of the following content:

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