LAW OF THE REPUBLIC OF MOLDOVA

of June 17, 2016 No. 134

About modification and amendments in some legal acts

The Parliament adopts this organic law.

Art. I. – In article 29 of the Law on the Government No. 64-XII of May 31, 1990 (repeated publication: The official monitor of the Republic of Moldova, 2002, Art. No. 131-133, 1018), with subsequent changes to make the following changes and additions:

the fourth to state part in the following edition:

"Functions and powers of the member of the government stop in case:

1) resignations;

2) dismissal;

3) incompatibility of positions;

4) establishments by the stating act of making which became final it is direct or by means of the third party of the transaction, acceptance or participation in decision making without the permission of the actual conflict of interest according to the legislation on regulation of conflict of interest;

5) not submissions of the declaration on property and private interests or refusal of its giving according to part (8) article 27 of the Law on National authority on integrity No. 132 of June 17, 2016;

6) instructions the decision of degree of jurisdiction of confiscation of unreasonable property which took legal effect;

7) death.";

add Article with part five of the following content:

"In the cases provided by Items 4), 5) and 6) of part four upon the demand of National authority on integrity the Prime Minister suggests the President of the Republic of Moldova to dismiss the member of the government.".

Art. II. – In the Law on the status of the deputy of Parliament No. 39-XIII of April 7, 1994 (repeated publication: The official monitor of the Republic of Moldova, 2005, Art. No. 59-61, 201), with subsequent changes to make the following changes and additions:

1. In Article 2:

part (to add 6) after the words "in case of resignation" with words ", deprivations of the mandate, incompatibility";

add Article with part (6-1) following contents:

"(6-1) Deprivation of the deputy mandate are made in case:

a) establishments by the stating act of making which became final it is direct or by means of the third party of the transaction, acceptance or participation in decision making without the permission of the actual conflict of interest according to the legislation on regulation of conflict of interest;

b) not submissions of the declaration on property and private interests or refusal of its giving, according to part (8) article 27 of the Law on National authority on integrity No. 132 of June 17, 2016;

c) instructions the decision of degree of jurisdiction of confiscation of unreasonable property which took legal effect.";

part (to add 7) after the words "In case of Resignation" with words ", deprivations of the mandate, discrepancy";

add Article with part (8-1) following contents:

"(8-1) V the cases provided by part (6-1), upon the demand of National authority on integrity the decision on deprivation of the mandate is made by Parliament by a majority vote of the elected deputies.".

2. Part (Article 5 to state 2) in the following edition:

"(2) If the deputy who is in one of incompatibility provisions did not satisfy the conditions provided by part (1), after specified in part (1) term his mandate stops by right.".

3. In part (Article 7 of the word "about the income and property." shall be replaced with words 4) "about property and private interests.".

Art. III. – In the Law on the Constitutional court No. 317-XIII of December 13, 1994 (Official monitor of the Republic of Moldova, 1995, No. 8, of the Art. 86), with subsequent changes, to make the following changes and additions:

1. In Item g) Article 17 of the word "about the income and property." shall be replaced with words "about property and private interests.".

2. In part (1) Article 19:

Item d) to add with words ", established by the stating act which became final;";

add part with Items e) – g) the following content:

"e) establishments by the stating act of making which became final it is direct or by means of the third party of the transaction, acceptance or participation in decision making without the permission of the actual conflict of interest according to the legislation on regulation of conflict of interest;

f) not submissions of the declaration on property and private interests or refusal of its giving, according to part (8) article 27 of the Law on National authority on integrity No. 132 of June 17, 2016;

g) instructions the decision of degree of jurisdiction of confiscation of unreasonable property which took legal effect.".

Art. IV. – In the Law on the status of the judge No. 544-XIII of July 20, 1995 (repeated publication: The official monitor of the Republic of Moldova, 2013, Art. No. 15-17, 63), with subsequent changes to make the following changes and additions:

1. In Article 8:

to state the name of Article in the following edition:

"Article 8. Incompatibility and restriction";

part (to state 1) in the following edition:

"(1) the Judgeship is incompatible with:

a) any other paid position or activities, except for teaching, scientific and creative activities;

b) mandate of the deputy of Parliament or adviser of body of local public authority;

c) the business activity performed personally or through the third parties;

d) membership in governing body of the commercial organization.";

add Article with part (3-2) following of content:

"(It is forbidden to 3-2) Judge:

a) give written or oral consultations according to matters of argument;

b) be member of any batch or be engaged in any political activities, including during sending out on business term from position.".

2. In part (6) Article 9:

in Item h) shall be replaced with words the words "about the income and property;" "about property and private interests;";

Item i) to declare invalid.

3. In part (1) Article 15:

in Item g) shall be replaced with words the words "about the income and property;" "about property and private interests;";

Item h) to declare invalid.

4. Part (Article 25 to add 1) with the Items g-1)-g-3) of the following content:

"establishment g-1) the stating act of making which became final is direct or by means of the third party of the transaction, acceptance or participation in decision making without the permission of the actual conflict of interest according to the legislation on regulation of conflict of interest;

g-2) of not submission of the declaration on property and private interests or refusal of its giving, according to part (8) article 27 of the Law on National authority on integrity No. 132 of June 17, 2016;

instruction g-3) the decision of degree of jurisdiction of confiscation of unreasonable property which took legal effect;".

Art. V. – Part (10) article 23 of the Law on National Bank of Moldova No. 548-XIII of July 21, 1995 (repeated publication: 2015, 544), with subsequent changes to state the official monitor of the Republic of Moldova to Art. No. 297-300, in the following edition:

"(10) Liouba from members of Supervising council or members of Executive committee it can be withdrawn by Parliament according to the procedure provided by part (11), only in case of discrepancy to more conditions for execution of the obligations, making of gross misconduct, making it is direct or by means of the third party of the transaction, participation in decision making without the permission of the actual conflict of interest, according to legislative provisions about conflict of interest, not submissions of the declaration on the income and private interests or refusal of its giving according to part (8) article 27 of the Law on National authority on integrity No. 132 of June 17, 2016 or the instruction the decision of degree of jurisdiction of confiscation of unreasonable property which took legal effect.".

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