Law of the Republic of Moldova on declaration of wealth and personal interests (2016) (excerpts related to Judicial and Prosecution Systems) (English)
Law on declaration of wealth and personal interests (2016) (excerpts)
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Article 12. Categories of conflicts of interest and how to declare them
(1) The subject of the declaration may be in conflicts of interest which can be divided into the following categories:
a) potential conflict of interest;
b) real conflict of interest;
c) consumed conflict of interest.
(2) The potential conflict of interests represents the situation when the personal interests of the person subject of the declaration may lead to the occurrence of a real conflict of interests and which is declared under the conditions of art. 4-7. The senior hierarchical leader shall provide advise on avoiding the occurrence of a real conflict as an effect of the potential one.
(3) The real conflict of interest arises if the person subject of the declaration is called to resolve an application / request, issue an administrative act, conclude directly or through a third party a legal act, make a decision or participate in making a decision in which it has personal interests or which concerns persons who are close to it, the natural and legal persons with whom it has pecuniary relations and which influence or may influence the impartial and objective exercise of the mandate, public service position or public dignity position.
(4) In the event of a real conflict of interest occurence, the person subject of the declaration is obliged:
a) to inform the hierarchical superior or the higher hierarchy body immediately, but not later than 3 days from the date of the finding, about the conflict of interests in which they are;
b) not to resolve the application / request, not to issue the administrative act, not to conclude, directly or through a third person, the legal act, not to take or not participate in the decision in the exercise of the mandate, public service or public dignity position until the conflict of interests is resolved.
(5) Informing on the occurrence of a real conflict of interests shall be made until the application / request is resolved, the administrative act is issued, the conclusion, directly or through a third person, of the legal act, participation in the decision making or decision making and shall take the form of a written declaration that must contain data about the nature of the conflict of interest and way it influences or can influence the impartial and objective fulfillment of the mandate, public service or public dignity position.
(6) The declaration on the real conflict of interests is registered in the Register of declarations on conflicts of interests, kept according to the annex no. 4 by the person designated by the leader of the public institution.
(7) The President of the Republic of Moldova, the Speaker and Members of Parliament, the Prime Minister, the members of the Government, the Prosecutor General, the President of the Superior Council of Magistracy, the President of the Superior Council of Prosecutors, the members of the People's Assembly of the autonomous territorial unit of Gagauzia, the presidents of the districts, the local councilors, the mayors and heads of public institutions are obliged to inform the National Integrity Authority immediately, but not later than 3 days from the date of finding, about any occurred real conflict of interest situation, in the manner established in paragraph (5).
(8) The National Integrity Authority records the declarations regarding the conflicts of interests of the persons subjects mentioned in par. (7) in the Register of declarations regarding conflicts of interests, according to the annex no. 4.
(9) The president and the vice president of the National Integrity Authority, as well as the integrity inspectors, are obliged to inform the Integrity Council immediately, but not later than 3 days after the date of finding, about the real conflict of interest in which they are..
(10) The consumed conflict of interests is the deed of the person subject of the declaration of the resolution of an application / request, of the issuance of an administrative act, of direct conclusion or through a third person of a legal act, of taking or participating in a decision in the exercise of the mandate, of the public service or of public dignity position in violation of the provisions of paragraphs (4) and (7).
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