LAW OF THE REPUBLIC OF MOLDOVA

of July 25, 2014 No. 179

About modification and amendments in some legal acts

This organic law is adopted based on provisions of article 106-1 of the Constitution by acceptance on itself the Government of responsibility to Parliament.

Art. I – In article 14 of the Law No. 190-XVI of July 26, 2007 on prevention and anti-money laundering and terrorism financing (Official monitor of the Republic of Moldova, 2007, Art. No. 141-145, 597), with subsequent changes and amendments, to make the following change and addition:

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

"(12) the Decision of Service on prevention and anti-money laundering about suspension of implementation of doubtful activities or transaction, can be appealed in the procedure of administrative court, and the conclusion of the judge on criminal prosecution about prolongation or variation of suspension of implementation of doubtful activities or transaction can be appealed in cassation procedure, according to the legislation, by person who considers itself restrained in the rights".

2. Add with parts (1-3) and (1-4) following contents:

"(1-3) Administrative degree of jurisdiction or, depending on case, Appeal Court can decide suspension of implementation of the decision of Service on prevention and anti-money laundering about suspension of implementation of doubtful activities or transaction, or, respectively, the conclusion of the judge on criminal prosecution about prolongation of suspension of implementation of doubtful activities or transaction, only according to the plaintiff's declaration, given at the same time or after submission of the appeal, and only in case in total following conditions are satisfied:

a) the reasons to which the claimant in support of the appeal refers are acceptable and reasonable;

b) the claimant provides arguments that circumstances of lawsuit require the urgent resolution on suspension of implementation of the disputed act to avoid drawing heavy and irreparable damage to interests of the claimant;

c) the damage which can be caused to the claimant exceeds the public interest pursued by issue of the disputed act.

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