On Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea și completarea unor acte legislative

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=366174

    The Parliament adopts this organic law.
Art. I.-Law nr. 514-XIII from 6 July 1995 concerning judicial organization (republished in the Official Gazette of the Republic of Moldova No. 2013, 15-17, art. 62), with subsequent amendments, shall be completed as follows: 1. Article 22 shall be added to paragraph (3) with the following contents: "(3) the courts and the National Institute of justice are required to provide the necessary means in their own budgets to cover expenditure relating to programmes of continuing education of Heads of secretariats of the courts and of judicial assistants."
2. Article 45 is completed with paragraph 5 with the following: "(5) the head of the Secretariat of the Court is obliged to continuously improve their professional qualities, they will continue training courses organized by the National Institute of Justice."
3. Article 47 is completed with paragraph 4 with the following contents: "(4) judicial Assistant is required to continually improve their professional qualities, they will continue training courses organized by the National Institute of Justice."
Art. II.-in article 4 (2) of law No. 947-XIII of July 19, 1996 with respect to the Superior Council of Magistracy (republished in the Official Gazette of the Republic of Moldova No. 2013, 15-17, art. 65), with subsequent amendments) (d) shall read as follows: "(d)) shall, annually, till March 31, National Institute of Justice proposals on the number of seats that will be removed from the competition for admission to training of candidates for the post of judge in the following year;".
Art. III.-section 4 of Annex No. 1 the law nr. 1593-XV of 26 December 2002 regarding the size, mode and time limits for payment of the insurance premiums for the compulsory health care (Official Gazette of the Republic of Moldova, 2003, no. 18-19, art. 57), with subsequent amendments, shall be filled in the end with the words: ", including audienții initial training of judges and prosecutors".
Art. IV.-Law nr. 152-XVI dated June 8, 2006 on the National Institute of Justice (Official Gazette of the Republic of Moldova, 2006, no. 102-105, art. 484), as amended, is modified and completed as follows: 1. Article 1 shall read as follows: "Article 1. The purpose of the law the purpose of this law is to determine the legal status of the National Institute of Justice, principles of organization and operation thereof, the initial training of candidates for the positions of judge and Prosecutor, the continuous training of judges and prosecutors on the basis of the function, the clerks, legal assistants, the heads of the secretariats of courts, Prosecutor's consultants , probation officers, lawyers providing legal assistance guaranteed by the State, and the initial and continuing training of other persons working in the justice sector, in the cases provided for by law. "
2. In article 2: (1) shall read as follows: "(1) the National Institute of Justice (hereinafter called the Institute) is a public institution achieves initial formation of candidates to the offices of judge and Prosecutor, continuous training of judges and prosecutors on the basis of the function, the clerks, legal assistants, the heads of the secretariats of courts, Prosecutor's consultants, advisers of probation lawyers, providing legal assistance guaranteed by the State, and initial and continuing training of other persons working in the justice sector, in the cases provided for by law. "in paragraph (2), after the word" features "shall be inserted the words" stamp with the image of the coat of arms of the Republic of Moldova and with the name of the Institute, "and the word" pedagogical "shall be replaced with the word" teaching ";
(3) to be completed in the end with the words "and shall not hinder the realization of the duties laid down in article 21. "". (1)”.
3. In article 4 (1) shall read as follows: "(1) the Institute shall exercise the following powers: a) pre-service candidates at functions of judge and Prosecutor;
b) continuous training of judges and prosecutors on the basis of the function;
c) continuous training of clerks, legal assistants, law courts, heads of secretariats of the Prosecutor, probation counselors, advocates granting State-guaranteed legal assistance;
d) Organization and conduct of examinations for persons who have seniority of five years in legal specialties, provided for by law No. 544-XIII of 20 July 1995 on the status of judges and the law. 3 of 25 February 2016 on Prosecutor (hereinafter-people campaigning for the position of judge or Prosecutor by virtue of seniority in employment);
e) training of trainers. "(2): the letter a), the words" of other lawyers who contribute to the administration of Justice "shall be replaced with the words" other persons working in the justice sector, in the cases provided for by law ";
subparagraph (c)) shall read as follows: "c) studies of scientific research in the field of law and justice, publication of studies, teaching materials and other materials developed in the process." the article is completed with paragraph 4 with the following: "4. In furtherance of the duties laid down in this law, the Institute shall have the right to process personal data."
4. In article 5, the word "Executive" is excluded.
5. In article 6: (2): (b)) shall read as follows: "(b)) 4 members nominated by the Superior Council of Prosecutors from among the prosecutors of different levels," the letter d), the words "appointed by the Senate of the State University of Moldova" shall be replaced with "designated by the Council of Rectors of the Republic of Moldova. The procedure for organizing and conducting the contest criteria of selection of candidates shall be determined by the regulation approved by order of the Minister of Justice. "in paragraph (6) shall read as follows:" (6) the work of the secretariat of the Council are provided by the Institute. "the article is supplemented with paragraph 7 with the following contents:" (7) Members shall be entitled, for each meeting attended, an allowance equivalent to one-tenth of the average salary per economy achieved in the previous year of discharge right drive reference. "
6. Article 7 shall read as follows: "Article 7. Powers of the Council (1) in the field of organisation of activity of the Institute, the Board shall have the following powers: a) approves the strategy of development of the Institute, as well as the action plan for its implementation;
b) approve the rules of procedure and other documents necessary for the proper functioning of the Institute;
c) approve staff structure, State and maximum personnel of the Institute;
d) organizes the contest to fill the function of director;
e) called and released from Office Director and Deputy Director, pursuant to article. 9;
f) has interim director or the Deputy director, in the case of function vacancy, until the winners, in the manner established by law;
g) approves the status of trainers;
h) approves the results for the selection of trainers;
I) approves and presents the Ministry of finance in the budget of the Institute;
j) authorizes agreements/memoranda of cooperation with similar institutions in other countries and the contribution of donors;
k) approve annually, until July 31, the report on the activities of the Institute, which shall be forwarded to the higher magistrates Council, the Superior Council of public prosecutors and the Ministry of Justice for information purposes and shall be placed on the official website of the Institute;
l) approve the methodology for assessing the quality of training programmes.
(2) insurance initial training of candidates for the positions of judge and Prosecutor, the continuous training of judges and prosecutors on the basis of the function, the clerks, legal assistants, the heads of the secretariats of courts, Prosecutor's consultants, counselors, probation of lawyers providing legal assistance guaranteed by the State, and of the organisation of the examination for persons who apply for the position of judge or Prosecutor by virtue of seniority in employment The Council has the following powers: to) approve, on an annual basis, up to March 31, taking into account the resources available and the proposals of the Superior Council of magistrates and the Superior Council of public prosecutors, the number of seats that will be removed from the competition for admission to training of candidates for the positions of judge and Prosecutor in the coming year;
b) approves of organisation and conduct of the competition for admission to the initial formation of candidates to the offices of judge and Prosecutor;
c the Commission approves for) entrance exams, exams for graduation and Appeals Committee;

d) approves the results of admission for initial formation of candidates to the offices of judge and Prosecutor, as well as lists of candidates for initial training who promoted the contest;
e) approve annually, by September 1, the initial training plan and curriculum for the courses of discipline drives initial training of candidates for the positions of judge and Prosecutor;
f) validates graduation exam results to the initial training of candidates for the positions of judge and Prosecutor and examination for people who apply for the position of judge or Prosecutor by virtue of seniority in employment;
g) approve methodologies for determining the needs of the initial and continuing training;
h) approve, on an annual basis until November 30, training plans;
I endorse the model attestation for) the courses of initial training, certificate for continuing education courses and certificate confirming support to the Commission for examination in graduation examinations to persons who apply for the position of judge or Prosecutor by virtue of seniority in employment;
j) approve annually up to 30 November, plan training for the trainers.
(3) the Council shall have the following basic powers relating to initial and continuing training of other persons working in the justice sector: a) approves plans for initial and continuous training of other persons working in the justice sector;
b approve the regulation on mode) and the conditions of initial and continuing training of other persons working in the justice sector.
(4) the Council shall exercise the powers provided for in the other and this law.
(5) for the adoption of decisions on matters referred to in paragraph 1. (1) (a). l) and in para. (2) (a). b), e))) and (j)) is the mandatory consultation of the higher magistrates Council, the Superior Council of public prosecutors, the Ministry of Justice and the National Council for State-guaranteed Legal Assistance (6) for the adoption of the decisions referred to in paragraph 1. (2) (a). It is mandatory to input) the Superior Council of Magistrates and the Superior Council of public prosecutors, and for the adoption of decisions on matters referred to in paragraph 1. (3) input is mandatory for self-administration bodies of professions related to the justice system. "
7. Article 8 shall be completed: (21) with the following contents: "(21) Date, time and place of the meeting, agenda, draft documents to be adopted and the relevant materials are brought to the attention of Board members with at least 3 days before the hearing. In the case of extraordinary meetings, materials are brought to the attention of Board members with at least one day before the hearing. ' paragraph 4 shall read as follows: "(4) Board meetings are public. At the reasoned request of the President or of at least 5 members thereof, the Council may decide that the meeting to be closed. Meetings shall be deliberative if the majority of its members. "in paragraph 5, the word" Executive "is excluded;
in paragraph 7, the words "decisions of the Council shall be adopted with at least seven votes and shall be signed by the Chairman and by the Secretary of the Council." shall be replaced with the text: "the decisions of the Council shall be taken by a majority of the members of the Council and shall be signed by its Chairman."
in paragraph 8, the words "all members of Council present at the meeting" shall be replaced with the words "President and Secretary";
article is supplemented with paragraph 9 with the following contents: "(9) All decisions adopted by the Council shall be placed on the official website of the Institute. Regulations approved by the Council with a view to the exercise of the powers referred to in art. 4 shall be published in the Official Gazette and of the Republic of Moldova. "
8. Article 9 shall read as follows: "Article 9. Director (1) Bid directory is selected on a competitive basis, from among persons who complete post-graduate diploma in law, public administration or management, or equivalent either, and whose professional qualifications and work experience over the last seven years are appropriate for carrying out the duties of the Institute.
(2) the Director shall be appointed by the Council for a term of five years without possibility of exercising for two consecutive periods.
(3) the Director shall cease upon the expiry, in the event of resignation or death. The Director may be revoked on the basis of the decision of the Council, on a proposal of one third of the members of the Board in cases of serious breach of the law, finding insufficient qualification or of committing systematic disciplinary.
(4) the Director shall ensure that the current leadership of the work of the Institute and has the following main tasks: to) is the Institute in relations with public authorities, legal entities and physical persons in the country and abroad;
b organizational activity);
c) organizes carrying out Council decisions;
d) called depending on the trainers after approval by the Council of the results of the competition to fill these positions;
e elaboration of Regulation) procedure of the Institute and other documents necessary for the proper functioning of the Institute;
f) issue orders registration, promotion and the expulsion of the initial training courses;
(g) development and fulfilment) ensure training plans;
h) organizes and implements the system of financial management and internal control, management is responsible for managing the Institute's budget and public patrimony located in the discharge;
I) shall ensure the establishment of the draft budget and submit it to the Council for approval;
j) shall ensure the establishment of the annual report of the Institute and shall submit it to the Council for approval;
k) drafting State personnel and the maximum staff of the Institute;
l) pronounced like the issuing of administrative and auxiliary staff of the Institute;
m) conclude memoranda of authorized/Council cooperation with similar institutions abroad and the contribution of donors, international agencies co-operates with regarding the competence of the Institute, with subsequent approval by the Council;
n) exercise other duties necessary for the proper organisation and conduct of the work of the Institute. "
9. The Act is supplemented by article 91cu reads: "Article 91. The Deputy Director (1) the Director shall be assisted by a deputy director, appointed by the Council, on a proposal from the Director, from among persons who complete post-graduate diploma in law and whose professional qualifications and experience in the past 5 years are appropriate for carrying out the duties of the Institute.
(2) the Director of the Institute shall, by order, the duties of Deputy Director.
(3) in the absence of the Director, the Deputy Director shall exercise its duties. "
10. Article 10: paragraph (2), the words "teaching staff" shall be replaced with the word "trainers";
Article shall be supplemented by paragraphs (21) to (24) with the following contents: "(21) Trainers of the Institute are selected on a contest basis, according to a transparent procedure laid down by the Council, and shall be included in the network of trainers of the Institute.
(22) Trainers are selected from the best professionals from among judges, prosecutors, teachers in higher legal education, as well as other professionals who work in areas that make the object of the courses of initial training and continuing training organized by the Institute.
(23) the selection of trainers is made with the following criteria: experience of teaching in the fields) that are specified in the training plans approved by the Council;
b professional experience);
c) works published;
d outstanding reputation in the field) in which it operates;
It's) integrity.
(24) in order to ensure initial training or in-service training invite specialists in a particular field. Director of the Institute has inviting them on contract basis. "in paragraph 3, the words" in relation to teachers "shall be replaced by the words" towards trainers ", and finally it is completed with the text:" academic Norm for trainers of the Institute shall be established by the Government "in paragraph 5, the words" and the regulations of structural subdivisions "are excluded.
11. Article 11 shall read as follows: "Article 11. Personnel of the Institute (1) the Director, Deputy Director, administrative staff and support staff are the staff in accordance with the law. 355-XVI dated 23 December 2005 concerning salary system in budgetary sector.
(2) Judges and prosecutors seconded to fulfil certain functions within the Institute are paid under the provisions of special laws governing their status.

(3) if the judge or Attorney appointed as director or deputy director of the Institute, in the exercise of these powers, resigned from the post of judge or Prosecutor in connection with the age limit but continues the work of the Institute he is paid the wage conditions para. (1) and (4) the Director, Deputy Director and other staff of the Institute who fulfil the conditions laid down for the trainers can profess his academic activity.
(5) the members of the Institute are Trainers on contract basis, in the manner established by the Government. "
12. Chapter III shall read as follows: "Chapter IIIFORMAREA of CANDIDATES for the POSITIONS of JUDGE and Prosecutor, CONTINUOUS TRAINING of judges and PROSECUTORS on the BASIS of the FUNCTION and the EXAM for PEOPLE who APPLY for the POSITION of JUDGE or PROSECUTOR by VIRTUE OF SENIORITY in the JOB 1Concursul for admission Section and the Organization and conduct of training courses for candidates for the offices of judge and Prosecutor in article 12. The initial formation of candidates to the offices of judge and Prosecutor (1) initial formation of candidates to the offices of judge and Prosecutor are one of the prerequisites for appointment to the offices of judge and Prosecutor for people who don't have a seniority of five years provided for in legal specialties in law No. 544-XIII of 20 July 1995 on the status of judges and the law No. 3 of 25 February 2016 on Prosecutor's Office.
(2) the duration of initial training of candidates for the positions of judge and Prosecutor is 18 months.
Article 13. Competition for admission to training of candidates for the positions of judge and Prosecutor (1) Admission for the initial formation of candidates to the offices of judge and Prosecutor shall be carried out on the basis of competition.
(2) the competition for admission to training of candidates for the positions of judge and Prosecutor (hereinafter the admission contest) is organized by the Institute in compliance with the principles of transparency, equality and is based on the skills of participants in the contest.
(3) the date, the place, the way the competition for admission and the number of seats removed from the contest are brought to their attention by the notice of competition, which will be published on the official website of the Institute and the media with at least 60 days before the date of the contest.
Article 131. Conditions for entry in the contest for admission (1) admissions competition shall have the right to participate only persons who satisfy the conditions laid down by law No. 544-XIII of 20 July 1995 on the status of the judge for the Office of judge and law No. 3 of 25 February 2016 on Prosecutor for the Office of the Prosecutor. Persons applying for admission to the courses of initial training of candidates for the post of judge should have a seniority of at least 2 years in legal specialties.
(2) an application for entry in the competition for admission to the Institute is submitted within the time limits specified in the notice of competition, enclosing the following documents: a) copy of the identity card;
b) copy of diploma of Bachelor of law or its equivalent;
c) copy of the book (if applicable);
d) criminal record; 
It's the last reference) job (if applicable).  
(3) The admission contest are accepted only candidates who have submitted complete folders corresponding to the conditions set out in paragraph 1. (2) and (4) at the time of submission of the documents, the candidate requested the agreement on medical examination, if the promotion exam for admission, you're going to express in written form.
(5) a medical certificate shall be issued by the Health Commission of the Ministry of health that is specialized.
Article 132. Conduct of the competition for admission (1) the competition for admission is conducted in front of the Commission for entrance exams, which are formed on the basis of the decision of the Council during the contest and consisting of 7 members, comprising two members appointed by the Superior Council of magistrates, two members appointed by the Superior Council of public prosecutors and three members appointed from the ranks of teachers and professors who hold the title of doctor of law , or one of its higher education system, the legal disciplines included in the samples. University professors are selected by the Institute.
(2) Commission for entrance exams has the following duties: (a) the participants in the works) examines and assesses the contest participants of competition within each stage of the competition for admission;
b) announces the results of the examinations for admission;
c) ensure that the spaces in which runs the contest may not have unauthorized access to foreign persons;
(d) prepare and submit to the Council) to approve lists of participants in the contest to promote the acceptance, in descending order of the average obtained in the oral and written, and report on the conduct of the examination;
(e) exercise any other powers) necessary for the proper organisation and conduct of the competition for admission.
(3) of the Commission for entrance exams may not participate the members of the Superior Council of Magistracy, the Superior Council of public prosecutors, the College for the selection and career of judges, College selection and career prosecutors and people who are in conflict of interest. Commission members will sign the statutory declaration to that effect.
(4) where the incompatibility is detected after the appointment of the members of the Commission, the Member concerned must withdraw immediately and notify this situation to the Council for its replacement in the order referred to in paragraph 1. (1) Article 133. Procedure for assessment of the results of the competition for admission (1) the competition for admission is conducted in the form of an entrance exam which consists of oral and written sample.
(2) For each sample, a participant in the contest is evaluated with marks from 1 to 10. It is considered that the participant has passed the sample oral or written if it has obtained a minimum of note 5 (five) on each of them.
(3) oral Sample audio and video are recorded. Audio and video recordings of oral and sample works in writing of the participants in a contest are preserved by the Institute before the termination of the procedure for the examination of complaints. 134, after which it is disposed of in the manner established by law.
(4) the examination shall entail the abolition of Trişatul from the competition for admission.
(5) in the context of the examination of admission entrance exams Committee assesses the competitors with the following criteria: the quality of presentations and arguments) to the respective topics;
b) ability interpretation and application of material and procedural law;
c) capability analysis and synthesis;
d) ability to respond promptly and accurately to questions.
Article 134. The announcement, challenging and results admissions examination (1) the Commission is to announce the results of entrance exams exam no later than 24 hours from its conclusion, and information regarding the exam results are displayed immediately on the premises of the Institute and on the official website. The information must include the full name and surname of the participants in the contest and they received notes from each sample.
(2) the admission exam results can be appealed within 48 hours of displaying their complaints at the Commission, who shall be appointed by the Council and act in accordance with the regulations approved by it.
(3) Appeals shall be examined by the Board of appeal within three days of their registration. The Commission shall draw up a report concerning the results of the examination of the opposition, which is brought to the attention of contestatorului under the signature. The Commission's decisions are final.
(4) Note obtained at the opposition is final and may not be lower than the note challenged.
(5) taking into account the decisions on complaints, the edge of the entrance exams and report lists. 132 paragraph 2. (2) (a). (d)) and submit them to the Council.
(6) it is considered that they had promoted the admission to the contest participants averaged expressed up to hundredths, allows them to be within the bounds of the contest.
(7) where the candidates for initial formation have obtained equal criteria, as the penalty shootout will serve the highest seniority in the legal specialities, doctorate in law, master of law studies or other studies.
(8) the Board shall approve competition results and the lists of candidates for initial training who promoted the contest.

(9) the lists of candidates for initial training to promote competition for admission will be displayed at the headquarters of the Institute and shall be published on the official web pages of the Superior Council of magistrates, prosecutors and Supreme Council of the Institute within a period of 24 hours following their approval by the Council.
Article 135. Admission for the initial formation of candidates to the offices of judge and Prosecutor (1) a person who has passed the competition for acceptance submits a declaration is required, after completion of initial training, participate in competitions to fill vacant functions of judge or Prosecutor for five years, to accept the proposed function and activate this function for at least three years.
(2) persons who have promoted the contest for admission and have signed the Declaration referred to in paragraph 1. (1) are registered at the Institute by order of the Director and shall be eligible for a scholarship in the amount of an average salary per economy achieved in the preceding year.
(3) persons who have promoted the competition for admission, from the time of issuance of the order to the Director of admissions, the student gains the status of training courses.
Article 136. Rights and obligations of the initial training courses (1) Audienţii initial training courses shall be entitled: (a)) at the theoretical and practical training in accordance with disciplinary curriculum sites and training plans approved by the Council;
b) to benefit from the technical-material base of the Institute;
c) to expound their opinion on the quality of the course hours and hours practical;
d) to make proposals for the improvement of education and training;
e) to participate in scientific research, to publish scientific articles and to participate in the elaboration of other materials;
f) to participate in conferences, symposia and other activities;
g) to exercise other rights provided by law.
(2) initial training courses Audienţii are obliged to attend: a) the hours of study in accordance with the schedule established and participate in classroom practice;
b) to study and to carry out the tasks set out in the terms of training plans;
c) to participate in scientific activities;
d) complies with the regulations of procedure of the Institute and of the institutions in which they will conduct legal practice;
e) to make use of resources and material means that they are made available, in accordance with their intended use, solely in the interests of getting the professional knowledge;
f) to refrain from actions that discourages other students to acquire theoretical and practical material;
g) to fulfil other obligations provided by law.
(3) initial Hearings training courses are forbidden: a) to join parties or to pursue political activities;
b) to undertake any paid activity, except scientific, teaching or activities of creation, practiced outside of the initial training.
Article 137. Disciplinary hearings to initial training (1) Audienţii initial training courses shall be responsible for disciplinary infringements of duties delegated to them by law and the rules of procedure of the Institute.
(2) Constitute disciplinary: a) conducting political or public expression of political beliefs during the period of training;
b) attitude towards colleagues, impious trainers or to the staff of the Institute, as well as towards people with whom they are in contact during the period of carrying out of classroom practice;
unjustified absences c) at times of study and internship if they exceed 8 academic hours per month;
d) fraud at examinations.
(3) a motivated absence at times of study and internship in case of illness of the audientului or in the event of the death of a relative up to grade IV, confirmed documentary.
(4) constitutes the disciplinary sanctions: a) warning;
b) lessening the scholarship up to 15% for a period of one month to three months;
c) expulsion from the Institute.
(5) the penalty provided for in paragraph 1. (4) (a). He shall be established in writing) and applied by the director and may be challenged by the Council.
(6) the penalties provided for in paragraph 1. (4) (a). b) and (c)) shall apply under the decision of the Council and may be challenged in the order established by the law.
(7) if the Commission of the audientul courses of disciplinary offence referred to in paragraph 1. (2) (a). (d) disciplinary sanctions shall be applied) expulsion from the Institute.
Article 138. The termination status of student training course (1) student status of initial training courses shall be terminated in the following cases: (a) submission of the application in question) by audientul initial training courses;
b negative) assessment repeated the same discipline of audientului initial training courses or graduation examination nepromovarea;
c) a definitive judgement condemning the audientului initial training courses;
(d)) that the initial training courses audientul no longer meets the conditions to run for the post of judge or Prosecutor;
(e) disciplinary sanction application). 137 para. (4) (a). c);
f) completion of initial training;
g) death of audientului training courses.
(2) in the cases referred to in paragraph 1. (1) (a). the)-e), the Council adopted a decision of expulsion from the Institute and return the scholarship be paid in accordance with the law during the period of initial training. In case of refusal to return the scholarship received, this shall be levied on the basis of the judgement, at the request of the Institute.
(3) the Board shall order the proceeds of stock exchange received initial training period in the event of the death of audientului training courses, loss of the ability to exercise or due to poor health, established by decision of the competent organs of the medical expertise of vitality, which no longer allow him to exercise, then the Office of judge or Prosecutor.
(4) In the case referred to in paragraph 1. (1) (a). f), the Council adopted a decision on completion of the initial training. 
Article 14. Organizing training courses for (1) initial training courses shall be in accordance with the plans of training and curriculum sites approved by the Disciplinary Board.
(2) the Council shall have the right to decide the formation in mixed groups of candidates for the positions of judge and Prosecutor.
Article 15. Stages of practice (1) Audienţii initial training courses carried out internships in accordance with the curriculum of practice under the guidance of a manager appointed by the Institute of practical proposal from the Superior Council of Magistracy, the Superior Council of public prosecutors or the driver of the prosecution.
(2) practical Training takes place within the courts, procuraturilor and prosecution bodies.
(3) heads of courts, you procuraturilor and criminal prosecution bodies shall ensure that the conditions necessary for the proper conduct of classroom practice.
(4) practical Leaders must have a length of work in the activity in question for at least five years and have an outstanding reputation. The appointment of the driver will take into account the practice and criteria laid down in this law for the trainers.
(5) the driver of a practice is paid at the level of the trainee. The maximum monthly payment ceiling is 2.5 hours per week for an academic trainee.
(6) the leader of practice shall, on completion of the traineeship, the trainee's activity report, which must comply with the requirements laid down by the Council.
(7) the Institute organizes annual training practice leaders.
Article 16. Knowledge during initial training (1) Audienţii initial training courses shall be assessed periodically, and the disciplines that are evaluated, as well as ways of assessment shall be determined by the Council.
(2) assessment of knowledge is done transparently, objectively and impartially, the following criteria: (a) analytical skills), synthesis and interpretation of material law and procedural law;
(b) drafting skills) documents and procedural discretion to resolve the situations of the case;
c presentation quality, reliability) and the reasoning behind the answer.
(3) in the case of repeated negative assessment from the same discipline, audientul initial training courses, on a proposal from the Director, may be expelled by the decision of the Council of the Institute.
(4) the results of the assessments can be appealed pursuant to article. 134. Article 17. Graduation examination of initial training courses

(1) after completion of the initial training courses, the graduation exam audienții claim to the Commission for graduation exams.
(2) in Commission for graduation exams may not participate the members of the Superior Council of Magistracy, the Superior Council of public prosecutors, the College for the selection and career of judges, College selection and career prosecutors, Commission for entrance exams, no spouse, relatives or family members until grade IV including participants in the exam. Commission members will sign the statutory declaration to that effect.
(3) the date, place, manner of graduation examination shall be communicated to the official web pages of the Institute, the Superior Council of Magistrates and the Superior Council of prosecutors.
(4) Samples of examination subjects for graduation and they are established by the Council. Samples are recorded audio and video.
(5) graduation exam samples Results are displayed at the headquarters of the Institute and shall be published on the official website of it not later than 24 hours after the end of each sample and can be appealed in the manner and within the time limits laid down in article 21. 134. (6) Audientul who claimed the graduation exam or who lacked good reasons graduation examination can be admitted once again to support its next session organized by the Institute.
(7) in the absence of illegitimate reasons audientului graduation exam nepromovării exam session or repeated, it is obliged to reimburse the Institute scholarship paid in compliance with the law during the period of initial formation. In case of refusal to return the scholarship received, this shall be levied on the basis of a court decision at the request of the Institute.
(8) the International Graduate Institute shall be issued with a certificate indicating the year of graduation, overall average obtained in which will participate in the contest to fill vacant function of judge or Prosecutor in compliance with the law.
Article 18. Participation in the contest to fill the function of judge or Prosecutor (1) Graduate Institute, after completion of the initial training is required for five years to participate in competitions for the substitution function of judge or Prosecutor, in the manner prescribed by law. 544-XIII of 20 July 1995 on the status of judges and the law No. 3 of 25 February 2016 on Prosecutor's Office.
(2) If the Graduate Institute does not participate in competitions to fill the function of judge or Prosecutor for five years after completion of initial training or unmotivated at most 2 times the functions proposed, it is holidays excluded from the register of participants in the contest to fill vacant function of judge or Prosecutor is obliged to refund and scholarship paid in compliance with the law during the period of initial formation. An exception is made for those who do not participate in competitions for objective reasons. In case of refusal to return the scholarship received, this shall be levied on the basis of a court decision at the request of the Institute. The Superior Council of Magistrates and the Superior Council of public prosecutors shall inform the Institute about people who have not honored commitments.
(3) the refund paid scholarship under the law during the initial training will be arranged by the Council and in respect of our graduates, who worked as a judge or prosecutor or in another public office less than three years after appointment.


Section 2-aProcedura organization and conduct of the examination for persons who apply for the position of judge or Prosecutor by virtue of seniority in employment Article 181. Exam for people who apply for the position of judge or Prosecutor by virtue of seniority at work (1) exam for people who apply for the position of judge or Prosecutor by virtue of seniority in employment is organized by the Institute together with the examination of the initial training courses and it supports to the Commission for graduation exams.
(2) For participation in the examination referred to in paragraph 1, persons. (1) submitted to the Commission for an application for graduation to participate in the exam, with the annexation of the copy on the employee's job.
(3) graduation exams Commission verifies whether the persons who apply for the position of judge or Prosecutor by virtue of seniority in employment meet the conditions laid down in article 21. 6 paragraph 1. (2) of law No. 544-XIII of 20 July 1995 on the status of judges and the art. 20 paragraph 1. (3) of law No. 3 of 25 February 2016 with respect to prosecution and the list of persons admitted to the exam.
Article 182. Organization and conduct of the examination for persons who apply for the position of judge or Prosecutor by virtue of seniority at work (1) the Organization and conduct of the examination for persons who apply for the position of judge or Prosecutor by virtue of seniority in employment shall be established by the regulation approved by the Council.
(2) the examination for persons who apply for the position of judge or Prosecutor by virtue of seniority in the workplace it is claimed under the same conditions laid down for the graduation exam supported by audienţii initial training courses, being properly applied the provisions of art. 17. (3) the results of the examination shall be disclosed in a separate report and is approved by the Council.
(4) After validation of the results of the examination, candidates for the position of judge or Prosecutor by virtue of seniority in employment shall be issued a certificate certifying examination in Committee for graduation exams, indicating the year of support and general media.
(5) the results of the examination to the Commission advocated for graduation exams are valid for a period of 5 years. After expiry of the period of 5 years, persons who apply for the position of judge or Prosecutor by virtue of seniority in employment to support a new exam in front of Commission for graduation exams.


Section 3 aFormarea of judges depending on the continuing and prosecutors according to article 19. Continuous training of judges and prosecutors on the basis of the function (1) continuous training of judges and prosecutors on the basis of the function consists of annually from at least 40 hours.
(2) the Institute shall organize continuing training of judges and prosecutors on the basis of the function according to the training plan approved annually by the Council.
(3) the plan of training judges and prosecutors on the basis of the function shall be drawn up in accordance with the methodology for determining the training needs of judges and prosecutors on the basis of the function, based on the demands of judges and prosecutors on the basis of the proposals submitted by the College of judges of performance appraisal, selection and college career prosecutors , the Superior Council of magistrates and the Superior Council of prosecutors.
(4) Training Plan may include mandatory courses for judges and prosecutors proposed by the Superior Council of magistrates and the Superior Council of prosecutors.
(5) the plan of training judges and prosecutors on the basis of the approved function is published on the official website of the Institute and shall be communicated to the Superior Council of Magistrates and the Superior Council of Prosecutors in December of the previous year the deployment of training courses.
Article 191. Organizing in-service training of judges and prosecutors on the basis of the function (1) the Superior Council of magistrates and the Superior Council of public prosecutors are required to appoint judges and prosecutors training courses continue with account of judges and prosecutors ' options.
(2) continuous training shall be conducted in the form of seminars, lectures, courses, multidisciplinary thematic conferences, etc. (3) the procedure for the Organization and conduct of the continuous training of judges and prosecutors on the basis of the function is regulated by this law and the regulations approved by the Council.
(4) the institution to judge or Prosecutor, delegate training courses continue maintain work (position) and the average salary, travel costs offsets, including those of transport, in accordance with the provisions of the legislation.
(5) Expenses related to the Organization and conduct of training courses shall be borne by the budget of the Institute.
(6) the Institute may organize continuing training of judges and prosecutors on the basis of the distance function in accordance with the regulations approved by the Council.

(7) Judges and prosecutors on the basis depending on the continuous training shall be issued a certificate of participation, in which the binding name of the continuing education activity, duration in hours, the period during which the activity took place on training.
(8) Data concerning the activities of the training organized by the Institute attended by judges and prosecutors in a function in the function are entered into the electronic database of the Institute with regard to continuing training. This includes information on the number of hours of continuing education accumulated annually by every judge or Prosecutor, the designation of activities as well as other popular data related to lifelong learning.
(9) the Superior Council of Magistracy, College performance evaluation of judges, prosecutors and Supreme Council of college selection and career prosecutors have access to data on continuing training which was attended by judges and prosecutors. "
13. The title of chapter IV shall read as follows: "Chapter IVFORMAREA continuous JUDICIAL CLERKS, ASSISTANTS to HEADS of SECRETARIATS, COURTS, PROSECUTOR'S, CONSULTANTS and advisers to the TAKING of EVIDENCE and LAWYERS PROVIDING LEGAL ASSISTANCE GUARANTEED by the State, and the INITIAL and CONTINUING TRAINING of other persons WORKING in the JUSTICE SECTOR" 14. Article 20 shall be repealed.
15. Article 21 shall read as follows: "Article 21. Continuous training of clerks, legal assistants, heads of secretariats of courts, Prosecutor's consultants, counselors and probation lawyers providing legal assistance guaranteed by the State (1) the Institute organizes continuous training of clerks, legal assistants, heads of secretariats of courts, Prosecutor's consultants, counselors and probation lawyers providing legal assistance guaranteed by the State, in accordance with the training plan approved by the Council, after coordination with the Superior Council of Magistracy The Council of Prosecutors, Ministry of Justice and with the National Council for State-guaranteed Legal Assistance.
(2) judicial assistants, Clerks, heads of secretariats of courts, Prosecutor's advisers, counselors and probation lawyers providing legal assistance guaranteed by the State are obliged to follow training courses.
(3) the number of hours of continuing education which must accumulate annual judicial assistants, clerks, heads of secretariats of the courts, Prosecutor's, consultants probation counselors and lawyers providing legal assistance guaranteed by the State shall be determined by the Council after consultation of the higher magistrates Council, the Superior Council of public prosecutors, the Ministry of Justice and the National Council for State-guaranteed Legal Assistance (4) institution which has delegated persons mentioned in paragraph 1. (2) continuing education courses maintain the workplace (function) and the average wage of the person delegated expenditures, offsets, including those of transport, in accordance with the provisions of the legislation.
(5) the costs associated with organizing and conducting training courses shall be borne by the budget of the Institute, and the ceiling on the maximum of these expenses shall be determined by the Government.
(6) the judicial assistants, Clerks, heads of secretariats of the courts, Prosecutor's, consultants probation counselors and lawyers providing legal assistance guaranteed by the State participating in the activities of continuing education shall be issued a certificate of participation, in which the binding name of the continuing education activity, duration in hours, the period during which the activity took place on training.
(7) the Institute may organize continuing training of clerks, legal assistants, heads of secretariats of the courts, Prosecutor's, consultants probation counselors and lawyers providing legal assistance guaranteed by the State in accordance with the regulations approved by the Council.
(8) Data concerning the activities of continuing education, organized by the Institute, which was attended by clerks, legal assistants, the heads of the secretariats of the courts, Prosecutor's, consultants probation counselors and lawyers providing legal assistance guaranteed by the State are entered into the electronic database of the Institute with regard to continuing training. This includes information on the number of hours of continuing education accumulated annually by each participant, the name of the popular activities, as well as other information related to lifelong learning. "
16. Chapter IV is completed with articles 211 and 212 with the following content: "Article 211. Organization of initial and continuing training of other persons working in the justice sector (1) the Organization of training courses and other persons working in the justice sector shall be fixed by regulation, approved by the Council. Norms for organizing such courses shall be determined by the Government.
(2) initial training or continuing of other persons working in the justice sector is organized on contract basis, on request or on the initiative of the Institute.
Article 212. Conduct initial training courses and other persons working in the justice sector (1) initial training courses organized by the Institute for other persons working in the justice sector for which the law provides for mandatory completion of the initial training courses and will be carried out according to the plans of training and curriculum sites approved by the Disciplinary Council after their coordination with law enforcement organizations of professions related to the justice system.
(2) disciplinary Curriculum sites developed or, if appropriate, reviewed by trainers, examining and approving the annual Council of the Institute.
(3) after completion of the initial training courses, audienții argue an exam for graduation rates.
(4) Audienților who supported the examination shall be issued a certificate of completion of training courses, which is part of the set of documents shall be submitted in order to be admitted to the profession.
(5) continuous training courses of other persons working in the justice sector are carried out in accordance with the training plan approved annually by the Council after coordination with law enforcement organizations of professions related to the justice system. The Institute may organize continuing training of other persons working in the justice sector in accordance with the regulations approved by the Council.
(6) persons who have participated in training courses organized by the Institute shall be issued a certificate of participation, in which the binding name of the continuing education activity, duration in hours, the period during which the activity took place on training.
(7) the Institute submits annually to the professional and trade associations, legally constituted, of those working in the justice sector list persons who have undergone training courses at the Institute, indicating the number of hours of training per person. "
17. The Act is supplemented by the chapter IV1 with the following content: "Chapter IV1EVALUAREA QUALITY TRAINING PROGRAMMES ORGANIZED by the INSTITUTE and PERFORMANCE EVALUATION of TRAINERS in article 213.  Procedure for assessment of the quality of training programmes (1) assessing the quality of training programmes shall be carried out by the Institute in accordance with the methodology for assessing the quality of training programmes, approved by the Council.
(2) the Council shall examine the results of the evaluation and make proposals to improve the training plans and, where appropriate, recommends applying new methods of training.
Article 214. Performance evaluation of trainers (1) professional evaluation of trainers is carried out once every two years. The criteria and procedure for the evaluation of trainers are established by the Council.
(2) the Institute shall enjoy, Trainers, training methods and techniques for teaching unless they followed such a course over the past two years.
(3) in the case of repeated or negative assessment participation on grounds unfounded in training, the trainer shall be revoked by decision of the Council. "
Art. V.-Law nr. 59-XVI dated 15 March 2007 concerning the status and organization of activity of clerks from the courts (Official Gazette of the Republic of Moldova, 2007, no. 64-66, art. 296), with subsequent amendments, shall be amended as follows: 1. Articles 14 and 15 shall be repealed.
2. In article 16:

in paragraph 1, the words "five years" shall be replaced with the words "3 years";
(3) shall read as follows: "(3) continuing education courses are organized according to the clerks training plan approved by the National Institute of Justice, after coordinating with the Superior Council of Magistracy. The plan shall be made available to all courts of law in December of previous year performance of class. "
3. In article 17, paragraph 3, the words "initial training" are excluded.
Art. Vi.-Law nr. 8-XVI of 14 February 2008 regarding probation (republished in the Official Gazette of the Republic of Moldova, 2016, 13-19, art. 29), as amended, supplemented with article 241 reads: "Article 241. Continuing training of probation officer (1) probation officer has an obligation to continually refine its qualities via vocational training courses organized by the National Institute of Justice.
(2) the bodies of probation and the National Institute of justice are required to provide the necessary means in their own budgets to cover expenditure relating to programmes of continuing education officers of probation. "
Art. VII.-Article 17 (1) of law No. 154 of 5 July 2012 selection, performance evaluation and career judges (Official Gazette of the Republic of Moldova, 2012, no. 190-192, art. 636) shall be supplemented with the letter f) with the following content: "f) National Institute of Justice shall submit proposals for the development and improvement of training programmes for judges."
Art. VIII.-(1) this law shall enter into force after the expiration of 3 months from the publication, with the exception of: (a) the provisions of article II), which will enter into force with effect from 1 January 2017;
b) the provisions of article IV, paragraph 5, concerning the composition of the Council of the National Institute of Justice, which will be enforced after the expiry of the incumbent members of the Board of the National Institute of Justice;
c) the provisions of article IV, paragraph 5 concerning the completion of article 6 (7), which will enter into force on January 1, 2016;
d) the provisions of article IV, paragraph 8, concerning amendments to article 9 (1) and (2) and of section 9 relating to amendments to article 91 (1) and (2), which will be enforced after the expiry of the term of the current director and Deputy Director of the National Institute of Justice.
(2) starting January 1, 2020 at exams for people who apply for the position of judge or Prosecutor by virtue of seniority in employment can participate only persons who have accumulated up to that date a seniority of at least 7 years in legal specialities, with the exceptions established by law. 544-XIII of 20 July 1995 on the status of judges and the law. 3 of 25 February 2016 on Prosecutor's Office.
(3) the list of legal specialties that require the seven-year period for candidates to the post of judge or Prosecutor shall be approved by the Superior Council of Magistracy respectively by the Superior Council of prosecutors.
(4) persons who, before January 1, 2020, do not have a seniority of at least 7 years in legal specialities must attend the courses of initial training of candidates for the post of judge or Prosecutor, organized by National Institute of Justice.
(5) the Government will provide the financial resources necessary to carry out the new tasks of the National Institute of Justice.
(6) the Government, within 3 months of the publication of this law: (a)) will ensure the republication of law No. 152-XVI dated June 8, 2006 on the National Institute of Justice, as amended and supplemented, in the Official Gazette of the Republic of Moldova, realizing a new numbering of elements;
b) will submit to the Parliament proposals on bringing the legislation in force in accordance with this law;
с) will adopt the necessary acts for implementation of this law and will operate such alterations in the normative acts in force.
(7) National Institute of Justice, within 3 months of publication of the present law, shall develop, approve and modify the necessary documents for the implementation of this law.