Institutional Integrity Assessment *

Original Language Title: privind evaluarea integrităţii instituţionale*

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    _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ * Republished pursuant to art. XXXIII. (3) of law No. 102 of 21.07.2016 in effect 12.11.2016-Official Gazette of the Republic of Moldova, by 2016. 256-264, art. 547. Amended by the laws of the Republic of Moldova: 21.07.16 MO256 LP102, from-/12.08.16, article 547; force 12.11.16 LP166 from MO267 31.07.15,-273/02.10.15, from 28.05.15, 508 MO161 LP107-165/26.06.15, 341 HCC7 MO115 from 16.04.15,-123/15.05.15, article 11.




Pursuant to article 1. 72 para. (3) (a). r) of the Constitution of the Republic of Moldova, the Parliament adopts this organic law.


Chapter I.GENERAL PROVISIONSARTICLE 1 GENERAL Article. The object of this law sets forth the regulatory purpose, principles, means, methods, procedures and legal effects of institutional integrity in the context of public entities.
In article 2. Assessing the institutional integrity of institutional integrity Assessment is carried out for the purpose of enhancing accountability: the leaders) public entities and organizations to develop, maintain and strengthen the climate of professional integrity within the public entities;
(b) ensuring professional integrity) agents, preventing and combating corruption within the public entities;
c identification and assessment), elimination of corruption risks within public entities;
d) increase in corruption relating to manifestations of tip-off admitted by public agencies.
Article 3. Principles the evaluation process of institutional integrity are conducted in compliance with the following principles: a) legality;
b) rights and fundamental human freedoms, human and professional dignity;
c) equilibration just between the fundamental rights and freedoms of citizens affected by manifestations of corruption of public agents, on the one hand, and the fundamental rights and freedoms of public agents, on the other hand;
d) fair and unbiased treatment non-discriminatory public agents subjected to testing;
e) presumption of good faith evaluation of the subjects of institutional integrity;
f) presumption of public entities institutional integrity;
g) transparency of institutional integrity assessment, with the exceptions provided for by the present law and the law. 245 of 27 November 2008 on the State secret;
h) respect for privacy and protection of personal data.
Article 4. Getting started with the purposes of this law, the following notions signify: HSC-person employed in a public entity exercising public office, public office with special status, a function of public dignitaries, is employed in the Office of the person with dignity or providing services in the public interest, as well as the local one;
public entity-a legal entity with the status of public authority) the central authority, specialized central public authority, local public authority, as well as advising the organizational structure or from the scope of their competence;
b) authority, the institution, body, Office or agency organization, State, autonomous, independent organizations and/or regulations;
c the Constitutional Court), the Court, the Prosecutor's Office;
d) State enterprise, municipal or joint-stock company in which the State holds controlling shares;
public services-full service of population activities in the public sphere, institutions, businesses, organizations or other local structures, municipal, State or majority-owned by the State;
institutional integrity-professional integrity of all public agents within the public entity, nurtured, enhanced and controlled by the driver, as well as the tolerance zero integrity incidents admitted by public agencies;
professional integrity-the ability of the public to carry out their professional activity in ethically-sourced and free of inappropriate influence and manifestations of corruption, with due regard to the public interest, the supremacy of the Constitution and the law;
the assessment of institutional integrity-process identification of corruption risks within public entity using analytical methods and practice (professional integrity testing), the description of the factors that determines the risks identified and their consequences, as well as providing recommendations for reducing them, in accordance with the provisions of this law;
corruption-risk probability of manifestations of corruption that affected the attainment of the public entity;
risk factor of any gender-circumstance which allows, encourages, causing the appearance of manifestations of corruption within the public entity or reproduced;
test of professional integrity-create and place by testor has virtual simulated situations, similar to those in the work of the service, whether through covert operations, caused by the activity and behaviour of public test agent, passive and prosecution establishment reaction and its conduct, thus establishing the extent of damage to the climate of institutional integrity and corruption risks within public entity in assessing institutional integrity;
professional integrity testing-related processes to fully conduct the test of professional integrity, institutional integrity assessment stage;
testor-employee of National Anti-corruption Centre or of the intelligence and security who is entitled, by virtue of this law or of the law, with special powers and skills for applying the tests of professional integrity;
integrity incident-manifestation of corruption in real circumstances, similar event manifestation of corruption, produced in a test of professional integrity;
manifestations of acts of corruption-corruption, corruption related acts and deeds of corupţional behavior, specified in the law. 90 of 25 April 2008 concerning the prevention and combating of corruption;
integrity plan-internal plan adopted under this law by the head of the public entity and/or the self-administration as a result of institutional integrity assessment, whereby the climate of institutional integrity can be developed and/or strengthened in the implementation period;
improper influence-interference in work of the public on behalf of third persons, manifested through pressure, threats or pleading, in its determination to carry out their professional activity in a certain way, when interference is illegal and is not accompanied by the promise, offering or giving of, personally or through the mediator, of goods, services, privileges or benefits in any form, which is not yours (does not meet the elements of offences of corruption);
audio/video recording-digital file that contains informational support sounds and/or images fixed public agent behavior in a test of professional integrity, achieved through the use of special technical means of assessing the institution's institutional integrity in connection with carrying out a test planned under this law or through the use of special technical means of other entities that routinely use such means in the place where the test took place respectively without having a direct link with his achievement;
record audio/video recording primary audio/video-carried out in the framework of professional integrity, accompanied by a confirmation of its integrity;
audio/video recording processed record-the useful audio/video made in the framework of professional integrity, it is wholly surprised the public test agent behavior is included, where appropriate, the public agent communication subtitle in the framework of professional integrity, as well as changes are made. 19 para. (8) Article 5. The climate of institutional integrity (1) public entities operating in the public interest, ensuring climate of institutional integrity. Public agencies exercise their powers of Office with professional integrity.
(2) the climate of institutional integrity is ensured by the implementation of national anti-corruption policies and sectoral and specific requirements of professional integrity to the work of public servants within the public entity. It is considered the national anti-corruption policies and sectoral which provide the institutional climate of integrity the following: hiring and promotion of) public agents on the basis of merit and professional integrity;
b) regime of incompatibilities, limitations in the hierarchy and limitations on advertising;
c Declaration of assets and arrangements) interests personally;
d conflict of interest regime);
e) avoiding favouritism;
f) boxing regime;
g) improper influences and denouncing the treatment;
h) demonstrations denouncing corruption and whistleblower protection integrity;
I-admission of corruption manifestations);
j) transparency in the decision-making process;

k) access to information of public interest;
it transparent and accountable) management of public patrimony, finances refundable and non-refundable;
m) ethics and professional ethics;
n) regime of restrictions and limitations in relation to termination of employment relationships, or service and with the migration to the private sector for public agents (pantuflajul).
(3) the provisions of paragraphs 1 and 2. (2) shall apply accordingly for the various categories of public agents, with waivers provided for in special laws regulating their activity.
(4) the specific requirements of professional integrity to the work of public servants within the public entity enacted through departmental acts of public entities may not establish exceptions other than those referred to in paragraph 1. (3) standards of behavior or less stringent requirements for public entity and leader of public agencies than those provided by the national anti-corruption policies and sectoral.
(5) public entities determine institutional policy of sanctioning behavior lacking professional integrity of public agents in accordance with the provisions of the legislation, aiming at discouraging other public agents to behave this way in the future.
In article 6. Institutional integrity evaluation subjects (1) subject to the assessment of institutional integrity are public entities, organizations, bodies of public agencies, the national anti-corruption and information and Security Service.
(2) the assessment of institutional integrity shall be carried out in respect to public entities and provides for the possibility of applying the tests of professional integrity of public agents.
(3) the assessment of institutional integrity and professional integrity tests are carried out by the National Centre for anti-corruption and information and Security Service.
Article 7. Rights and obligations of public agents (1) Public Agencies have the right to: a) to be informed of the specific requirements of professional integrity to the work of public servants within the public entity and the disciplinary sanctions that may be imposed for failure to comply with them, in accordance with the provisions of art. 5;
b) to be informed of the integrity plan, adopted in the wake of the announcement of the results of the assessment of institutional integrity;
c) to be informed about professional integrity tests made about them;
d) to challenge, in the order of administrative courts, the Court applying the test of professional integrity in respect to achieved.
(2) Public Agencies are required to: (a) not permit manifestations) corruption;
b) denounce immediately the competent organs, any attempt to be involved in the actions referred to in subparagraph (a). a);
c) denounce inappropriate influences immediately to declare gifts and conflict of interest in accordance with the law;
d) be familiar with and comply with their obligations under the national anti-corruption policies and sectoral. 5;
e) comply with specific requirements of professional integrity to the work of public servants within the public entity, which have been brought to their attention;
f) to carry out the measures included in the plan's integrity assessment adopted institutional integrity.
Article 8. Rights and obligations of public entities and organs of self-government (1) public entities and organizations have the right to be informed, within the time limits provided for in this Act, with regard to the results of the evaluation and implementation of institutional integrity tests of professional integrity in terms of public agents whose ethics and discipline are responsible.
(2) public entities and organs of self-government have the following obligations: a) to foster the climate of institutional integrity, as laid down in article 21. 5;
b) to inform the public about specific agents of professional integrity requirements for the work of public servants within the public entity and the disciplinary sanctions that may be imposed for failure to comply with them in accordance with the provisions of art. 5;
c) to inform public agencies against signature, about the possibility of being subject to the test of professional integrity. Information shall be given the appointment/employment, and in the case of public agents employed at the time of entry into force of this law-the period prescribed in the final and transitory provisions. Failure by the public entity of the public shall not prevent the conduct of tests for professional integrity in regard to his assessment of the institutional integrity of the public entity, and the application of disciplinary sanctions in accordance with law. The agent's refusal to sign the public opinion information, recorded in writing, shall not prevent the conduct of tests for professional integrity in respect thereof, and the application of disciplinary sanctions in accordance with law;
d) to adopt plans to ensure integrity, and to report on their implementation within the time limits provided for in this law;
e) to inform public agencies concerning the professional integrity tests made about them;
f) to take the necessary measures in terms of public agents who have passed qualification testing, based on the behavior of giving evidence and evidence confirming this behavior;
g) to gain access to the institution that evaluates the institutional integrity at all registers and other records related to ensure a climate of institutional integrity; 5, including in electronic form, as well as other information required under the conditions and limits laid down in article 21. 6 lit. e) of law No. 1104-XV of 6 June 2002 with regard to the National Anti-corruption and art. 10 para. (1) (a). I) of law No. 753-XIV of 23 December 1999 on the information and Security Service of the Republic of Moldova;
h) to allow the withdrawal of documents submitted to the public entity in the framework of professional integrity, audio/video recordings made by the public entity during the test of professional integrity and to undertake other measures necessary to ensure the confidentiality of documents testorilor, encoding, media and special techniques used in the test of professional integrity, which have been indicated in the conclusion of the Court judgment.
Article 9. Rights and obligations of the institution which evaluates the institutional integrity (1) institution that evaluates the institutional integrity has the following rights: a) to determine the areas of initiation of institutional integrity assessment, public entities to be evaluated, the public agencies within the public entity selected randomly to undergo tests of professional integrity, and the frequency of the assessments, in accordance with the methodology laid down in paragraph 1. (2) (a). h);
b) to organize and to receive special training on ways and means applied in the assessment of institutional integrity;
c) use within the professional integrity of test acts which encodes the identity of persons, including those referred to in article 1. 391. (2) structures, organizations, premises and means of transport;
d) to perform repeated an assessment of institutional integrity to public entity previously evaluated to verify progress made to strengthen institutional integrity, following the adoption and implementation of the integrity plan;
e) to propose to the hierarchically superior public entities and/or the self-administration bodies of public entities subject leaders repeated assessment, under (b). d) in the case of failure of the plan's integrity;
f) to challenge the decisions of Heads of entities public assessment reports institutional integrity or refusal of public entities hierarchically superior bodies of self-administration and to follow up the proposal referred to. e) in administrative court proceedings, with respect to prior;
g) have free access to records of the State, including in electronic form, to state databases necessary for verifying compliance with the anti-corruption national and sectoral policies that ensure integrity, institutional climate. 5. (2) the institution that evaluates the institutional integrity has the following obligations: a) to ensure the confidentiality of the work of the testorilor, documents coding and special technical means used in the test of professional integrity, except in the cases provided for in this law;
b) to observe the regime of protection of personal data, in accordance with the law No. 133 of 8 July 2011 on the protection of personal data, except as provided by this law;
c) to transmit the driver's public entity or, where appropriate, the village organ, full version of the report on the results of the assessment of institutional integrity as required by art. 18 paragraph 1. (3) (a). a);

d) to make public the report on the depersonalizată version of the results of the assessment of institutional integrity as required by art. 18 paragraph 1. (3) (a). (b)), at the same time the complete version of the entity or, where appropriate, the village organ;
e) to make public the full version of the report on the results of the assessment of institutional integrity as required by art. 18 paragraph 1. (3) (a). a), where the public entity assessed does not have a higher entity, and in the case of failure of the plan's integrity;
f) to take all measures to prevent possible negative consequences for third parties in connection with the application of the test of professional integrity;
g) to conduct audio/video recordings in the framework of professional integrity, approved by the Court in the manner prescribed in article 21. 14, and to ensure the destruction of the time limits referred to in article 1. 23 para. (1), audio/video recordings made and kept;
h) to adopt and publish the methodology for identifying the risks of corruption within the public entities, public identification of exposed to these risks and analysis of the risk factors that we generate, in accordance with the provisions of this law.
(3) the obligations of the institution which evaluates the institutional integrity shall be appropriate to the master activity bearing test of professional integrity, testorilor and people doing risk analysis of corruption within the public entities.
Article 10. Testorilor integrity (1) institution that evaluates the institutional integrity testorilor ensures the integrity of internal policies, adopting for this purpose in accordance with the provisions of this article.
(2) candidates for testor are subject to special control, mandatory testing prior to the polygraph and psychological testing in respect of their past professional integrity in order to establish the existence of improper motivations to carry out testing of professional integrity, other relevant issues fixed in internal policies.
(3) in order to ensure objectivity and conspirării activities of professional integrity testing, testers are subject to periodic audits by the polygraph, psychological checks, monitoring the lifestyle and professional integrity test according to the competences laid down in article 21. 6, as well as extensive reporting obligations of potential personal interests and conflicts of interest in relation to the legal regime applicable to public agents.
(4) the obligations of a declaration of personal interests and potential conflicts of interest involve the submission of a declaration challenging the selected affirmation regarding previous employment, relations of kinship, friendship or hostility from their private lives with any public agent whose professional integrity testing is challenging the competence of the institution concerned. Statement filed is updated on a semi-annual basis by testor, and whenever testorului becomes known that to apply a test of professional integrity in terms of public relation agent that his private life was not included in the statement filed and/or updated previously. The Declaration shall be lodged on behalf of the Coordinator of professional integrity testing, in accordance with the model set out in the internal policies referred to in paragraph 1. 1. (5) If, in the process of implementing a test of professional integrity, challenging the public agent is facing is known in his private life, without being known that it activates within the public entity subject to the institutional integrity, challenging the assessment in question undertakes actions to avoid testing the integrity of the professional public agent or the termination of the test of professional integrity in regard to his so as to not allow testing activity. unveiling
(6) the result of the test conducted by the professional integrity of a public agent in violation of the provisions of paragraph 1. (4) and paragraph 1. (5) it is appreciated by the Court as inconclusive, according to art. 17. (7) using the Challenging for purposes other than those provided for in this law, the materials gathered during the test of professional integrity that applied criminal contravention bears responsibility or for abuse of Office, the job duties, for other violations, as appropriate.
(8) the obligations of integrity of the testorilor referred to in this article shall be duly bearing upon the work of the Coordinator of the study.
Article 11. Guarantees and responsibilities (1) in the case of the assessment of the behaviour of the agent to the public as a negative result of the test of professional integrity, public agencies test carries just disciplinary responsibility, depending on the severity of deviations noted, and in accordance with the legislation governing the work of the entities in question, with due regard for the provisions of article 7. 21. (2) the results and professional integrity test materials may not be used as evidence in a criminal or administrative offences against public test agent.
(3) the methods and means of testing and fixing tests of professional integrity does not represent special investigative activities within the meaning of law No. 59 of 29 March 2012 concerning the investigative activity.
(4) the use of professional integrity test materials in a civil lawsuit is allowed under the conditions of civil procedural legislation. Professional integrity testing results and professional integrity test materials can be used as evidence in a civil lawsuit where they are relevant, admissible and truthful, complying with public interest, human rights and freedoms, as well as the conditions under which disclose some secrets.
(5) by way of derogation from paragraph 1. (2) where, during the test of professional integrity, challenging finds illegal activities of the agents or servants of the third test, which are not generated by the implementation of the plan for testing the integrity of professional institution that evaluates the institutional integrity of the matter before the competent organ to be taken measures established by legislation in this area.
(6) the persons within the institution that evaluates the institutional integrity bear responsibility for disclosure of confidential data. 8 para. (2) (a). g) information pertaining to the private life outside professional activities of public and publishing agent, contrary to the provisions of article 7. 9 para. (2) (a). the a and b)), the personal data which become known to them in the process of completing the tests of professional integrity, except in the cases referred to in paragraph 1.     (5) of this article and in article 8. 18 paragraph 1. (5) and (7).


Chapter INTEGRITĂŢIIINSTITUŢIONALE assessment IIPROCEDURA Article 12. Initiation of institutional integrity assessment (1) institutional integrity Assessment is initiated by: National Centre of Anti-corruption)-in respect to all public entities falling within the scope of the present law, with the exception of the information and Security Service;
b) intelligence and security service-in terms of National Anti-corruption Centre;
c) subdivision of Homeland Security for intelligence and security-in terms of the information and Security Service. In this case, the internal security division of information and Security Service has an opportunity to browse through all stages of the evaluation provided for in article 10. 13 or just testing stage of the professional integrity of public servants.
Article 13. Institutional integrity assessment stages (1) evaluation of institutional integrity is developed in the following stages: the first stage)-identification of corruption risks within public entity;
b) stage two-professional integrity testing of public agents;
c) third stage-a description of the risks of corruption and analysis of factors it generates;
d) fourth stage-issuing recommendations for improving the climate of institutional integrity.
(2) the first Stage consists of examining integrity incidents admitted by public agencies within the public entity, information submitted by citizens, media, analytical sources (reports, studies, surveys, indicators, etc.), as well as ways of impairment of human rights through corruption risks identified.
(3) the second stage, initiated on the basis of a reasoned decision is an optional step in the assessment of institutional integrity. Public servants who are subject to professional integrity test are selected at random, depending on the risks of corruption within the public entity identified at the first stage. The responsibility for achieving this returns testorilor.

(4) third stage is done by describing the risks of corruption identified at the first stage and, if appropriate, confirmed in the framework of professional integrity testing at the second stage of the evaluation, as well as by analysis of the risk factors that increase the likelihood of materialisation of these risks. The analysis shall be carried out according to the following types of risk factors: a) external factors-risk factors are outside the control of the entity;
b) internal factors-factors of organizational risk, controls and sanctions in the field of control of the public entity, which are the result of actions or inactions;
c) operational factors-factors that emerge in the process of work within the public entity;
d) individual factors-factors that can motivate a certain agent to allow public manifestations of corruption and to act contrary to the climate of institutional integrity.
(5) the fourth stage involves establishing minimum requirements whose fulfilment will enable public entity to reduce the manifestations of corruption among the public agents.
(6) where the assessment is performed without institutional integrity at the second stage, stages of third and fourth will be carried out as a result of the completion of the first stage.
(7) the scroll mode, first stages the second and third stages of the assessment of institutional integrity is detailed in the methodology specified in article 13. 9 para. (2) (a). h). Article 14. Authorizing professional integrity testing (1) decision motivated by initiating professional integrity testing in the assessment of institutional integrity will be taken by the institution that evaluates the institutional integrity and be approved by the Court. Decision motivated by initiating professional integrity testing and authorization are confidential until the transmission of the report on the evaluation of the institutional entity's public integrity or self-administration body pursuant to article 30. 18 paragraph 1. 5. (2) a reasoned decision to initiate professional integrity testing shall be indicated: (a) the reasons for the initiation of testing) professional integrity within the public entity subject to the assessment of institutional integrity;
b) corruption risks identified within the public entity;
(c) professional integrity testing) objectives of public agents within the public entity;
d) categories of agents servants within the public entity selected to undergo testing professional integrity;
e) public agents sample to be tested, according to the capacity of the National Centre on September 19 and the information and security service to conduct professional integrity testing of a representative number of public servants;
(f) the possibility of using means of) recording audio/video, communications facilities and other technical means of obtaining information in hidden mode, as well as the possibility of the promise or the transmission of goods, service delivery, granting privileges and benefits for the purposes of fixing the behavior exhibited by public agencies and nedeconspirării activity testorilor;
g) other information relevant to the achievement of professional integrity testing.
Article 15. Planning and realization of professional integrity testing (1) test plan professional integrity is a confidential document, which shall be approved by the Coordinator of professional integrity testing on the basis of a reasoned decision authorized under article 5. 14 and includes information on: the professional integrity of initiator testing) and reasoned decision to initiate testing;
(b) professional integrity testing) objectives;
(c) the proposed covert operations);
d) place, duration, participants, and ensuring the integrity of professional logistics of testing;
e) virtual simulated situations, behavioral assumptions and variations of testorului and public test agent;
f) other information relevant to the achievement of professional integrity testing.
(2) the period of professional integrity testing is 6 months. On the basis of a reasoned decision, judge within the Court reasoned decision which authorized the initiation of testing may extend this time limit by a maximum of 6 months.
(3) in the process of testing the integrity of professional testers shall take the necessary measures in order to support virtual simulated situations, planned in accordance with para. (1) (a). e), ensuring implementation of the plan of professional integrity. At the request of the institution that evaluates the institutional integrity, other institutions given free assistance to the implementation of measures in support of virtual and simulated situations.
(4) The unforeseen, testers can deviate from the approved plan to the extent that their actions shall contribute to the attainment of professional integrity testing and do not lead to a change in the conditions for authorisation of a reasoned decision. 14. (5) If unforeseen problems arising in the process of implementing the plan, leading to the identification of new risks of corruption, not provided for in the decision motivated by the initiation of professional integrity testing, is necessary to the production of a reasoned approach that will include additional concrete measures, means and methods of testing which would have to be submitted for approval by the Court within 3 working days of the occurrence of such situations. If the judge refuses the authorization, testor material accumulated in situations where data shall be destroyed, unless such materials are needed. 11(2). (5) (6) In case of necessity, to the achievement of professional integrity testing, testers collaborates with the representatives of the public entity in which enables public agencies test, under the present law and the special rules governing cooperation in this field.
     Article 16. Means and methods for testing and fixing tests of professional integrity (1) Testers operates confidentially. To this end, testers can have recourse to means and methods. 9 para. (1) (a). c). (2) in exceptional cases, to the achievement of professional integrity can participate and others whose identity data are kept by the institution that evaluates the institutional integrity, with their consent and with the guarantees that they will not work to uncover.
(3) professional integrity tests shall be carried out in compliance with fundamental rights and freedoms of the public agent. Possibility of containment in the framework of their professional integrity is provided in decision motivated by initiating professional integrity testing, approved in accordance with article 4. 14. (4) within the professional integrity testing of the judges, who evaluate the institutional integrity and testers comply with the guarantees of independence of the judges, being forbidden to interfere in the process of the justice causes pending in the courts.
(5) Fixing the public agent behavior tested by professional integrity is done with the use of audio/video recording, means of communication and other technical means of obtaining information in hidden mode in institutions that assess the integrity of the institution or from other sources, as well as with the possibility of the transmission of goods, service delivery, granting privileges and benefits, only reflect those means and possibilities in a reasoned decision to initiate professional integrity testing approved in accordance with article. 14. Article 17. Assessment of the outcome of the test of professional integrity (1) test result of professional integrity is as positive: a)-if the public agent tested showed professional integrity, while respecting the obligations laid down in article 21. 7 para. (2) (a). a)-(c));
b) negative-if public agent has not complied with the test set out in art. 7 para. (2) (a). a)-(c));
c)-if the agent behavior inconclusive public does not allow assessment of the outcome of the test as positive nor negative, as well as in situations in which professional integrity test was conducted in contravention of the provisions of this law.
(2) materials testing professional integrity is checked by the judge within the Court reasoned decision which authorized the initiation of testing professional integrity. In the process, the judge shall examine the compliance of the reasoned decision testor confirms or modifies its proposal the institution assesses the institutional integrity with respect to the assessment of the behaviour of a public agent tested and professional integrity testing results ascertained in accordance with paragraph 1. (1).

(3) the judge has, through closing, appraisal professional integrity testing results of public agents as positive, negative or inconclusive. Describing the results of the test, the judge is exposed on the edge of a public agent behavior tested by checking the registration of audio/video, and playback behavior confirms the public agent tested on recording audio/video processed pursuant to article. 19 para. 8. in the case referred to in article 1. 21. (4) the judge shall, by the same or by different termination, refund/recovery of assets by a public agent shall be tested.
(4) The approach which assesses the institutional integrity of the institution, the judge resolves, by closing any other situation arising within professional integrity testing in order to ensure respect for human rights and fundamental freedoms, the testorilor and nedivulgării identity conspirării activity of professional integrity.
Article 18. Report on the results of the assessment of institutional integrity and material evidence (1) After completion of all steps provided for in article 10. 13, the institution that evaluates the institutional integrity report drawn up with the evaluation of institutional integrity, which includes information on: the initiator and evaluation stages) integrity institutional;
b) risks of corruption affecting public entity activities;
c) findings with respect to the climate of public entity integrity, in accordance with the provisions of art. 5;
d) integrity incidents admitted by public agencies;
e professional integrity testing results) of the public agents, describing activities carried out in accordance with the test plan for testing the integrity of professional behaviour and actions of public agents during the test;
f) level of impairment of fundamental rights and freedoms of man through manifestations of corruption within the public entity;
g) recommendations/minimum requirements for elimination of the risks of corruption.
(2) the report referred to in paragraph 1. (1) shall be drawn up so as to not be permitted the achievement unveiling of the persons involved in the test of professional integrity, not to be disclosed to the forces, resources, sources, methods and plans of activity of the national centre of anti-corruption and information and Security Service, as well as other information with limited accessibility.
(3) the report referred to in paragraph 1. (1) shall be made in two versions: a), containing data on the full identity of public agents test;
b) depersonalizată, not including data about the identity of public agents, i.e. test name, first name, and other data that lead to definite identification.
(4) audio/video Recordings made during the primary test of professional integrity to be attached to the full version of the report drawn up under the conditions of paragraph 1. (1) and store, necessarily, together with this within the institution which has assessed the institutional integrity on the term provided for in this law.
(5) the full version of the report on the results of the assessment of institutional integrity shall be sent by the public entity or the driver, as appropriate, the village organ within 3 working days from the moment of completion of his. Along with this are forwarded to the primary audio/video recording or, where appropriate, the processed pursuant to article. 19 para. (8) and other materials that confirm the negative result of the test of professional integrity, with information about their confidential character and the liability for disclosure to persons other than those referred to in article 1. 19 para. 9. (6) depersonalizată Version of the report on the results of the assessment of institutional integrity is publicized on the official website of the institution that evaluates the institutional integrity at the same time the complete version of the report under the terms of paragraph 1. (5) and (7) by way of derogation from paragraph 1. (6), the full version of the report on the results of the assessment of institutional integrity will be published on the official website of the institution that has assessed the institutional integrity if the evaluation has been carried out in respect of public entities that do not have a superior public entity, whose legislation does not establish public agents can the disciplinary responsibility, as well as in the situation referred to in article 1. 20 paragraph 1. (6) IIICONSECINŢELE INTEGRITĂŢIIINSTITUŢIONALE chapter EVALUATION and TESTING of INTEGRITĂŢIIPROFESIONALE article 19. Public entity actions after receiving the report on the results of the assessment of institutional integrity (1) public Entity or, where appropriate, the village organ shall examine the report on the results of the assessment of institutional integrity within 10 days after receiving his.
(2) If in the evaluation report of institutional integrity corruption risks are found within the public entity, public entity or, where appropriate, the village organ has adopted a plan of integrity within 30 days of the receipt of the report.
(3) the integrity plan will be implemented within 60 days from the time of adoption, ensuring, at the very least, fulfilling the recommendations/minimum requirements set out in the report on the results of the assessment of institutional integrity. The integrity plan shall contain: a) the risks of corruption (in the report);
b) mitigation actions/exclusion of risks;
c) deadlines;
d) indicators;
e) officers.
(4) In the case of risks of corruption described in the report on the results of the assessment of institutional integrity, whose appearance is determined by the external risk factors, public entity or, where appropriate, the village organ will be included in the plan for indirect actions, integrity dispensers in order to reduce these risks.
(5) in the process of drafting the plan for integrity, public entity or, where appropriate, the village organ may organise consultations with civil society. The institution has assessed the institutional integrity will provide, on request, methodological support in the process. The responsibility for the adoption and implementation of the integrity plan belongs to the exclusive public entity or, where appropriate, the village organ.
(6) upon the expiry of the period referred to in paragraph 1. (3) public entity or, where appropriate, the village organ shall draw up a report on the implementation of the integrity plan, which it publishes on its website and shall send it to the institution which has assessed the institutional integrity.
(7) within 60 days after receiving the report on the results of the assessment of institutional integrity, public entity or, where appropriate, the village organ shall examine the materials confirming the negative result of the test professional integrity, transmitted pursuant to article. 18 paragraph 1. (5), and shall inform the institution which has assessed the institutional integrity of the action taken and penalties applied, providing a copy of the corresponding decision.
(8) in order to ensure confidentiality and conspirării, to confirm the negative result of the test professional integrity, public entity or, where appropriate, the village organ are them forwarded the necessary audio/video recordings, which can be processed so that the image and the voice to persons other than public agent tested cars, images of other backgrounds, and sounds recorded circumstances cannot be recognized. At the same time, processed audio/video recordings may contain subtitles out of discussions in the framework of professional integrity.
(9) in the process of examination of the materials referred to in paragraph 1. (8) the public entity or, where appropriate, the village organ provides access the public test agent or, where applicable, to their representatives and the Court the materials that have been submitted by the institution evaluating institutional integrity.
(10) where the driver of a public entity or a member of the disciplinary body of the entity in question is in direct relationship or affinity up to grade four with publicly tested agent of professional integrity, a report on the negative result of the test of professional integrity is the ruler of the hierarchically superior entity, which shall take a decision on the application of disciplinary sanction public agent tested.
(11) After receiving the report on the evaluation of institutional integrity in decision-making with regard to the promotion of public agents subject to the test of professional integrity, public entity or, where appropriate, the village organ shall take account of the outcome of the test.
Article 20.  Institutional integrity assessment repeated.
                           Consequences of failure of the integrity plan

(1) on receipt of a report concerning the implementation of the integrity of institutional integrity rated appreciates the progress made in strengthening the institutional integrity of climate public entity, verificînd in this sense if integrity plan was implemented successfully or failed. In order to create and maintain a climate of institutional integrity, public entities are subject to periodic evaluations of institutional integrity, repeated in accordance with the provisions of cap. II, their number not limited.
(2) the plan shall be considered as integrity successfully implemented in the following cases: a) all the measures included in the plan or the majority of them have been carried out, with some exceptions that cannot be attributed to public entity;
(b) the results of the repeated) integrity of the institutional entity's non-involvement of public servants in agents reveals manifestations of corruption, less involvement in such events as compared to the previous assessment results, but, in any case, does not denote an involvement over the level provided for in paragraph 1. (3) (a). c). (3) the plan shall be deemed failed integrity: a) within the right of the plan;
b) that within the measures included in the plan for reasons attributable to the public entity;
c) involvement of at least one-third or more of public agencies in incidents of integrity, which is found repeated in the assessment of institutional integrity.
(4) in the case of failure of the plan's integrity, the institution has assessed the institutional integrity proposes hierarchically superior public entity disciplinary sanction, including the application of the sanction of the public entity of the driver. The Statute of limitations for prosecution or disciplinary liability flows from the receipt of the proposal.
(5) the refusal of the hierarchically superior public entity to apply disciplinary sanctions proposed by the institution that evaluates the institutional integrity under the terms of paragraph 1. (4) can be contested in the administrative court observing the proceedings. Appeal against the refusal in this case shall suspend the period of limitation of liability.
(6) In case of failure of integrity plan adopted by the organizations of the public entity subject to repeated assessment, full versions of reports on the results of the assessment of institutional integrity drawn up initially and, if necessary, repeated public interest shall be considered and shall be published on the official website of the institution that evaluates the institutional integrity.
Article 21. Negative consequences of the result of the test of professional integrity (1) disciplinary Sanctions as a result of the negative result of the test of professional integrity, including dismissal of the test audience, apply under the laws regulating public entity which operates a public agent. The Statute of limitations for prosecution or disciplinary liability flows from the receipt by the public entity to report on the results of the assessment of institutional integrity.
(2) after receiving a report on the results of the assessment of institutional integrity, containing the negative result of the test of professional integrity, and until completion of the disciplinary procedure, but the term not exceeding three months, the public cannot be dismissed on the basis of the request for resignation or cannot be transferred on the basis of the request for transfer.
(3) The disciplinary proceedings, the public entity's employees the public agent tested will be informed about the main issues found in the process of testing and penalties imposed.
(4) goods received under the professional integrity testing or equivalent value thereof shall be refunded/recovered by the public test that it has received.
(5) the record regarding the integrity of public agents shall be kept by the national anti-corruption and information and Security Service, which released the information on your request. The purpose of any criminal history concerning the professional integrity is to keep track of professional integrity testing results, and situations where the employer is requesting information from criminal records are provided for in the regulation on the keeping and use of any criminal history concerning the integrity of professional public servants, approved by the Government.
(6) the information shall be entered in the record concerning the professional integrity testing results after assessment of the professional integrity of the Court pursuant to article 13. 17. the entry is made in the criminal record of the date the assessment of the negative outcome of the Court, the date of informing the public agent subject to professional integrity testing, it also includes information about non-contesting the outcome of the court hearing/by the public. Information regarding the negative result of the test professional integrity is excluded from criminal record based on the judgement of the Court is final and irrevocable.
(7) Information about the negative result of the test of professional integrity, in accordance with article appreciated. 17, will be kept in the record concerning the professional integrity for 5 years-with regard to the violation of the obligation set out in article 11. 7 para. (2) (a). a) and for one year-with regard to the violation of the obligations laid down in article 21. 7 para. (2) (a). b) and (c)), from the time of the communication of the result of the negative test of professional integrity public entity.
Article 22. Challenging professional integrity tests and disciplinary sanctions applied to (1) test for professional integrity and disciplinary sanctions applied as a result of the negative result of the test of professional integrity can be challenged by a public agent tested in the administrative court without prior procedure, in the manner prescribed by law.
(2) where a public agent tested resigned before the receipt by the public entity to report on the results of the assessment of institutional integrity, the term of appeal against the outcome of the test run from the time of submission of the test result of professional integrity public agent referred to in the report.
(3) the disciplinary Sanction applied to a judge as a result of the outcome of the test of professional integrity can be challenged under the provisions of law No. 177 of 25 July 2014 about reprimanding of judges.
(4) appeals against disciplinary sanctions referred to in paragraph 1. (1) and (2) shall suspend the period of limitation of liability.
(5) the jurisdiction of administrative complaints filed under this article belongs to the Court. The judge who authorized the decision to initiate professional and integrity testing that verified the results of the test may not participate in the examination of the opposition.
Article 23. Keeping records of tests performed in the framework of professional integrity (1) audio/video Recordings made in the professional integrity testing shall be kept in line with the rules of protection of personal data according to the law. 133 of 8 July 2011 on the protection of personal data: a) in the case of a positive result-up to informing employees employed in a public entity the public agent subjected to testing;
b) in the case of a negative decision-up to remaining final and irrevocable judgment or until expiry of the period prescribed for appeal against the sanction, if the institution has assessed the institutional integrity has no information about a possible appeal;
c) in the case of an inconclusive result-until definitive and irrevocable coming into legal force of the decision of the Court.
(2) If the records referred to in paragraph 1. (1) contain information attributed to State secrets, retention and management of materials shall be made in accordance with the legislation on State secrecy protection (3) After expiry of the time limits set in paragraph 1. (1), audio/video recordings of primary and processed ones, made in the framework of professional integrity, held by the institution evaluating institutional integrity, as well as those public entities or, where appropriate, organs of self-government they have received from the institution evaluating institutional integrity is disposed of by the said institutions, entities or organs.
(4) For breach of storage, access, and destruction of audio/video recordings made in the framework of professional integrity to occur the liability provided for the violation of law. 133 of 8 July 2011 on the protection of personal data or, where appropriate, of the law. 245-XVI dated November 27, 2008 concerning the State secret.


Chapter IVCONTROLUL and FINANCING of INSTITUTIONAL INTEGRITY ASSESSMENTS of article 24. Parliamentary control over the activity of institutional integrity assessment

(1) parliamentary control over the activity of institutional integrity assessment is exercised by the Committee on national security, defence and public order and legal Commission appointments and immunities.
(2) the national anti-corruption and information and Security Service shall submit to the committees referred to in paragraph 1. (1) each year, before 30 March, a public report on the activities of institutional integrity assessment, which will contain: a) the number of public entities that are subject to the assessment of institutional integrity;
b) number of professional integrity tests performed and their results;
c) number of integrity plans adopted and successfully implemented or stranded;
(d) the number of complaints) of the disciplinary sanctions applied.
(3) Commission on national security, defence and public order and legal Commission appointments and immunities may, within the limits of competences, any further information with respect to the assessment of the activity of institutional integrity to public entities and to test the integrity of the professional public agents if it considers that the reports are incomplete.
In article 25. Judicial review of the activities of professional integrity testing (1) authorization of professional integrity testing, verification of compliance with the conditions of approval for the purposes of the assessment of the results of tests of professional integrity, the examination of complaints concerning the application of the tests of professional integrity and disciplinary sanctions as a result of negative results, and the refusal of the application of disciplinary sanctions as a result of the failure of the plan's integrity is under judicial review.
(2) appointment of judges is done on the basis of rules approved by the Superior Council of Magistracy after consulting with the National Anti-corruption and information and Security Service.
(3) the list of judges appointed in accordance with paragraph 1. (2) shall be published and shall be placed on the official website of the Superior Council of Magistracy.
Article 26. Funding measures for the realization of the provisions of the law on measures for the Organization and realization of evaluation of institutional integrity, professional, integrity testing and record-keeping measures, keeping and systematisation of information thus obtained is financed from the State budget within the limits of funds available from other sources not prohibited by the legislation.


Chapter VDISPOZIŢII FINAL and TRANSITORY article 27. Final provisions this law enters in force from the date of publication and will be implemented as follows: (a)) in case the National Anti-corruption Center employees and skills information and Security Service-publication;
b) in the case of employees of other public entities-after the expiry of 6 months from the date of publication.
Article 28. Transitional provisions (1) within 10 days after the publication of this law, public entities that fall under them shall, against signature, public agencies about the possibility of applying the tests of professional integrity. Refusing to sign does not absolve public agencies reprimanding in the case of a negative result of the test of professional integrity.
(2) the financial resources necessary for the implementation of this law are set out in the budget of the Centre and the National Anticorruption Department of intelligence and security.
(3) before the implementation of this law, the National Anti-corruption Center will check public entities concerning the provision of public agents pursuant to paragraph. (1), as well as keeping records of gifts and books dedicated to improper influences, giving them, if necessary, methodological support.
(4) the Government of the Republic of Moldova, within 3 months following the entry into force of the present law: a) will submit to the Parliament proposals on bringing into line with the legislation in force the present law;
b) will bring its normative acts in compliance with this law and shall ensure that the institutions subordinated normative acts necessary for the implementation of this law;
c) will ensure that the available financial and technical resources required for the immediate implementation of this law.
(5) the national centre of information Service and Anti-corruption and security shall submit, within 12 months of the entry into force of this law, the Commission for national security, defence and public order and legal Commission appointments and immunities of Parliament a report on its implementation.