of July 28, 2016 No. 85
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 (repeated publication: The official monitor of the Republic of Moldova, 2013, Art. No. 15-17, 62), with subsequent changes to make the following additions:
1. Add Article 22 with part (3) the following content:
"(3) Degrees of jurisdiction and National institute of justice shall provide in the budgets necessary means for covering of expenses on programs of continuous training of chiefs of the secretariats of degrees of jurisdiction and assistants to judges.".
2. Add Article 45 with part (5) the following content:
"(5) the Chief of the secretariat of degree of jurisdiction shall increase constantly the professional level by means of the rates of continuous training organized by National institute of justice.".
3. Add Article 47 with part (4) the following content:
"(4) the Assistant judge shall increase constantly the professional level by means of the rates of continuous training organized by National institute of justice.".
Art. II. – In part (2) article 4 of the Law on the Supreme council of magistracy No. 947-XIII of July 19, 1996 (repeated publication: The official monitor of the Republic of Moldova, 2013, Art. No. 15-17, 65), with subsequent changes to make the following changes:
in Items b) and c) shall be replaced with words words of "basic and continuous training" "elementary and continuous training";
Item d) to state in the following edition:
"d) annually till March 31 represents to National institute of justice of the offer on number of the places exposed on tender on acceptance on elementary training of candidates for judgeship next year;".
Art. III. – Item 4 of appendix 1 to the Law on the size, procedure and payment due dates of fees of compulsory medical insurance No. 1593-XV of December 26, 2002 (2003, Art. No. 18-19, 57), with subsequent changes, to add the official monitor of the Republic of Moldova with words ", including students of elementary training of judges and prosecutors.".
Art. IV. – In the Law on National institute of justice No. 152-XVI of June 8, 2006 (Official monitor of the Republic of Moldova, 2006, Art. No. 102-105, 484), with subsequent changes, to make the following changes and additions:
1. State Article 1 in the following edition:
"Article 1. Law purpose
The purpose of this law is determination of legal status of National institute of justice, establishment of the principles of its organization and functioning, procedure for elementary training of candidates for judgeships and the prosecutor, procedure for continuous training of effective judges and prosecutors, court session secretaries, assistants to judges, chiefs of the secretariats of degrees of jurisdiction, consultants of prosecutors, advisers for probation and the lawyers providing the legal aid guaranteed by the state and also procedure for elementary and continuous training of other persons acting in the field of justice in stipulated by the legislation cases.".
2. In Article 2:
part (to state 1) in the following edition:
"(1) the National institute of justice (further – Institute) is the public organization performing elementary training of candidates for judgeships and the prosecutor, continuous training of effective judges and prosecutors, court session secretaries, assistants to judges, chiefs of the secretariats of degrees of jurisdiction, consultants of prosecutors, advisers for probation, the lawyers providing the legal aid guaranteed by the state and also elementary and continuous training of other persons acting in the field of justice in stipulated by the legislation cases.";
part (2) after the word "has" to add with words "seal with the image of the State Emblem of the Republic of Moldova and the name of Institute,", and "pedagogical" to replace the word with the word "teaching";
the second offer of part (to add 3) with the words "also does not interfere with implementation of the functions provided by part (1) Article 4 ".
3. In Article 4:
part (to state 1) in the following edition:
"(1) the Institute performs the following main functions:
a) elementary training of candidates for judgeships and prosecutor;
b) continuous training of effective judges and prosecutors;
c) continuous training of court session secretaries, assistants to judges, chiefs of the secretariats of degrees of jurisdiction, consultants of prosecutors, advisers for probation, the lawyers providing the legal aid guaranteed by the state;
d) the organization and holding examinations for persons with the five-year length of service on legal specialty provided by the Law on the status of the judge No. 544-XIII of July 20, 1995 and the Law on Prosecutor's office No. 3 of February 25, 2016 (further – persons who are candidates for judgeship or the prosecutor based on working life);
e) training of teachers.";
in part (2):
in Item a) words "other categories of the lawyers participating in justice implementation;" shall be replaced with words "other persons acting in the field of justice in stipulated by the legislation cases;";
Item c) to state in the following edition:
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