LAW OF THE REPUBLIC OF MOLDOVA

of December 16, 2016 No. 288

About the government employee with special status of the Ministry of Internal Affairs

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject and sphere of regulation

(1) This law establishes the legal basis of the office relations of government employees with special status in central office of the Ministry of Internal Affairs, in administrative authorities and organizations subordinated to it in which positions for this category of personnel, and also the rights inherent in them, obligations, restrictions, prohibitions and incompatibility, the rule of discipline of work, their legal and social protection are provided.

(2) In central office of the Ministry of Internal Affairs positions with special status for realization of powers of the ministry of questions of development of public policy, cooperation with other bodies of the public power, regulation of activities of the ministry, complex coordination of spheres of its competence are established.

(3) the Ministries of Internal Affairs Founded in central office the state positions with special status represent set of functions in the following areas: integrated operational management, interdepartmental cooperation and decision support, strategic planning of forces and means, interaction, development, monitoring and assessment of policy, management of the state position with special status, internal protection and fight against corruption.

Article 2. Determination of some concepts

In this law the following concepts are used:

career of the government employee with special status – set of legal situations and effects which take place from the moment of emergence of the office relations and before date of their termination, according to provisions of the existing regulations and individual options of the choice of the government employee with special status;

tender – candidate screen method for occupation of vacant executive, executive position or for transfer in educational institutions of the Ministry of Internal Affairs according to the current legislation;

execution of the state position with special status – accomplishment of the office functions and obligations provided by the law and other regulations applicable to the government employee with special status;

the government employee with special status – the person working in central office of the Ministry of Internal Affairs, administrative authorities or organizations subordinated to it having special rank and which is carrying out the tasks entering competence of the subject which it treats according to the current legislation;

the state position with special status – set of the functions and obligations of the government employee with special status established for the purpose of realization of powers of the subject which it treats;

the officer of communication of the Ministry of Internal Affairs – the representative of the Ministry of Internal Affairs attached to organizations of the Republic of Moldova, diplomatic representations or the international organizations for representation of interests of the state;

the student with special status - person who is enlisted on the I cycle of the higher education - to litsentsiatur, full-time courses, on places with financing from the government budget and who is on particular treatment in educational institutions of the sphere of military science, public order and state security of the Ministry of Internal Affairs or in other educational institutions performing training for the Ministry of Internal Affairs.

Chapter II. The government employee with special status

Article 3. The government employee with special status

(1) the Status of the government employee with special status arises and stops according to this law.

(2) Government employees with special status are subdivided into categories depending on specifics of the tasks and obligations determined by the job description and also from the education level necessary for holding the post.

(3) within the competence determined by the law the government employee with special status is allocated with powers and the rights to time of execution and in connection with execution of the state position held by it with special status.

(3-1) Students with special status are in the legal status of the government employee with special status according to the procedure established by the Government. The period of training is set off in length of service, on condition of successful passing the final exams on receipt of the higher education - litsentsiatura.

(4) the Government employee with special status in case of execution or in connection with execution of position is the representative of the state and is according to the law under its protection.

(5) specific professional standards are developed For the government employee with special status in the procedure established by the Ministry of Internal Affairs.

(6) Professional training of government employees with special status will be organized and performed according to administrative acts of the Ministry of Internal Affairs on the basis of professional standards and the corresponding standards of professional training.

Article 4. Special professional nature of the state position with special status

(1) Special professional nature of the state position with special status is given by the types and characteristic conditions of accomplishment of office tasks provided by precepts of law, namely:

a) professional principles;

b) special ranks;

c) career system;

d) professional training;

e) execution of the state position with special status according to the legal functions entering competence of the subject which it treats;

f) carrying, as a rule, uniform, signs of distinction and official ID;

g) application according to the law of physical force, special means and firearms;

h) accomplishment of obligations only on advantage of citizens and society that requires acceptance of special behavior, individual prohibitions and restrictions, restriction of implementation of some basic rights and establishment of not compatibility;

i) implementation of measures of professional intervention with big risk for life and health that assumes intensive and long physical and mental efforts;

j) emergence of the professional situations able to threaten life, personal security and family of the government employee with special status.

(2) In view of special professional nature the government employee with special status has the professional and compensatory privileges granted according to the current legislation.

Article 5. The professional principles of the government employee with special status

Activities of the government employee with special status are performed only on basis and in pursuance of the law, for the benefit of the personality and society, on the principles of professionalism, confidentiality, professional honesty and loyalty, stability in the state position, interactions and cooperation, impartiality and nondiscrimination, transparency, objectivity, efficiency, responsibility and hierarchical subordination.

Article 6. Ensuring activities of the government employee with special status

(1) the Government employee with special status holds positions according to the professional qualities and fulfills only the related duties following from provisions of the current legislation and job description.

(2) the Government employee with special status performs the public power according to the law.

(3) Heads and chiefs bear according to the law responsibility for illegality of the orders made by them organized and the events held by them.

(4) operational independence is provided to the Government employee with special status necessary for accomplishment of the obligations and tasks assigned to it.

(5) Regardless of the hierarchical level at which it performs the activities the government employee with special status bears the personal responsibility for accomplishment of the obligations and tasks determined by the law for the orders made to subordinates, and also for negligence and the made mistakes.

(6) the Government employee with special status has the right to refuse motivated and in writing to carry out orders of the higher official if they are illegal. The government employee with special status shall bring these cases to the attention higher in relation to the one who made the order, faces.

Article 7. Solemn oath of the government employee with special status

(1) the Beginning government employee with special status takes solemn oath of the following content: "I, (special rank, name, surname), solemnly swear to be devoted to the Republic of Moldova, to observe and fairly and without prejudice to apply the Constitution and the laws of the country, to protect interests and authority of the state. I swear to be fair, disciplined, vigilant and brave, to keep the state secret and not to disclose official information of limited access. I swear consciously and to honesty execute the obligations assigned to me, orders of the administration and provision of regulations, to respect and protect the rights, freedoms and legitimate interests of people, to protect law and order, public and private property. If I violate the oath recited by me, then is ready to bear responsibility under the laws of the Republic of Moldova".

(2) the Procedure for bringing of solemn oath is established by the Ministry of Internal Affairs.

Article 8. The personal record of the government employee with special status

(1) the Personal record of the government employee with special status represents set of documents and data which contain personal and professional data about person who is taking up the state position with special status.

(2) On each government employee with special status one personal record for the entire period of service in the Ministry of Internal Affairs is opened.

(3) the Government employee with special status has the right of open entry to the personal record and the data included in it, except documents of limited access, according to the current legislation.

(4) attaching to the personal record of the documents which are not connected with professional activity of the government employee with special status or documents on its political, religious or any different views is not allowed.

(5) Contents of the personal record of the government employee with special status, the procedure for storage of the personal record, ensuring confidentiality of data or access to it and procedure for issue of copies of the documents containing in it are established by the Ministry of Internal Affairs.

(6) Ceased to be valid.

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