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Concerning Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea şi completarea unor acte legislative

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    The Parliament adopts this organic law.
Art. I.-State Tax Law No. 1216-XII of 3 December 1992 (republished in the Official Gazette of the Republic of Moldova, 2004, nr. 53-55, art. 302), with subsequent amendments, shall be completed as follows: 1. In article 4 (1) shall be supplemented with paragraph 113) with the following content: "113) parties-if the transaction confirmation by the Court within a process of mediation that took place outside the civil trial;" in paragraph (7) shall be supplemented with the following letter a1) table of contents : "a1) parties-if investiture appended by the notary, under the conditions laid down by the law of the transaction concluded between legal entities under a mediation process which took place outside the civil process;".
2. Article 7 shall be added to paragraph 71) with the following content: "350 CID) mediation process by completing transaction or reconciliation with all claims of the parties over claims to assets in the amount and under the conditions laid down in article 21. 39 of law No. 137 of 3 July 2015 on mediation; ".
Art. II.-in article 10 of law No. 1585-XIII of 27 February 1998 concerning the mandatory health insurance (Official Gazette of the Republic of Moldova, 1998, no. 38-39, art. 280), with subsequent amendments, paragraph (2) shall be supplemented as follows: in the first sentence, after the words "bailiffs" insert the word "mediators";
the letter a), after the words "of the enforcers" shall be inserted the words "mediators" and after the words "registration certificate", the words "mediator," attestation.
Art. III.-the family code no. 1316-XIV dated 26 October 2000 (Monitorul Oficial of the Republic of Moldova, 2001, no. 47-48, art. 210), with subsequent amendments, shall be completed as follows: 1. Article 7, paragraph (2), after the words "certain cases" shall be inserted the words "mediators";
article is completed with paragraph 4 with the following contents: "(4) In any conflict or dispute in the family, which creates or may create a hazard for normal growth and development of the child or which infringe or affect his legal interests, the guardianship authority advises family members are in conflict or dispute settlement in the context of a process of mediation."
2. Article 29 shall be completed (41) with the following contents: "(41) may include Spouses in the matrimonial contract mediation clause."
3. In article 60, paragraph 4 shall be added in the end with the text: "guardianship authority advises parents to ask a mediator to resolve the dispute."
4. In article 64, paragraph (2) shall be completed in the end with the text: "parents can, on its own initiative or on the recommendation of guardianship, to turn to a mediator to settle the dispute."
Art. IV.-the civil code of the Republic of Moldova nr. 1107-XV of 6 June 2002 (Official Gazette of the Republic of Moldova, 2002, no. 82-86, 661), as amended, is modified and completed as follows: 1. Article 274, paragraph (1) shall be supplemented with the letter g) with the following contents: ") unfolds a mediation process in accordance with the law on mediation."
2. In article 1333, paragraph (2) shall read as follows: "(2) the transaction can be forced under the law on mediation in the manner established by the code of execution."
Art. V.-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 completed as follows: 1. In article 2, after the word "lawyers" insert the word "mediators".
2. In article 3 the notion of "employer", after the words "bailiff" insert the word "mediator".
3. In article 24, after the words "bailiffs" insert the word "mediators" and after the words "registration certificate", the words "the attestation of a mediator".
4. in annex No. 1: at point 2 (f)), after the words "bailiffs" insert the word "mediators";
in paragraph 3, after the words "bailiffs" insert the word "mediators".
5. in annex No. 2 paragraph 2, after the words "bailiffs" insert the word "mediators" and after the word "license"-the words "or approved".
Art. Vi.-The law. 102-XV of 13 March 2003 on the employment and social protection of persons seeking a job (Official Gazette of the Republic of Moldova, 2003, no. 70-72, art. 312), with subsequent amendments throughout the law, the word "mediation", in any case, replace the grammar with the word "intermediary" case grammar.
Art. VII. The criminal procedure code of the Republic of Moldova nr. 122-XV of 14 March 2003 (reprinted in the Official Gazette of the RM, no. 13, 248-251, 699), as amended, is modified and completed as follows: 1. In article 52, paragraph (1) shall be supplemented with 241 points) and 28) with the following content: "241) has, at the request of the Ombudsman, the information required to process criminal mediation without prejudice to criminal prosecution; "
"28) shall inform the suspect, accused person, defendant, victim, plaintiff, civil side about the possibility of recourse to mediation pursuant to art. 219 paragraph 2. (9) and article 3. 276 paragraph 1. (7).”
2. In article 57, paragraph (2) shall be supplemented with 141 points) and 161) with the following content: "141) shall inform the suspect, accused person, defendant, victim, plaintiff, civil side about the possibility of recourse to mediation pursuant to art. 219 paragraph 2. (9) and article 3. 276 paragraph 1. (7);”
„ 161) presents information from the Ombudsman of the criminal dossier required to the mediation process, without prejudice to criminal prosecution, ".
3. In article 58, paragraph 3 shall be added to point 12) with the following content: "12) to appoint a mediator in accordance with the law."
4. In article 60, paragraph 1 is supplemented with paragraph 121) with the following content: "121) to appoint a mediator in accordance with the law;".
5. In article 62, paragraph (1) shall be supplemented with paragraph 181) with the following content: "181) to appoint a mediator in accordance with the law;".
6. In article 64, paragraph 2 shall be added to paragraph 211) with the following content: "211) to appoint a mediator in accordance with the law;".
7. In article 66, paragraph (2) shall be supplemented with paragraph 291) with the following content: "291) to appoint a mediator in accordance with the law;".
8. In article 68, paragraph (1) shall be supplemented with paragraph 151) with the following content: "151) to participate in the process of mediation at the request of the person who defends a;".
9. In article 219, paragraph (9) shall be completed in the end with the words "or to have recourse to mediation to settle the civil dispute '.
10. In article 220 (2), after the words "Civil Procedure Rules" shall be inserted the words "the mediation process and the rules of civil litigation".
276. in article 11, paragraph 7, after the word "mediation" shall be inserted the words "in accordance with the law on mediation".
12. In article 285, paragraph 2, item 1), after the words "the injured party" shall be inserted the words "has been entered into a transaction within the process of mediation."
13. In article 2871, paragraph (1) shall be added to point 5) with the following content: "5) began the process of mediation pursuant to art. 276 paragraph 1. (7).”
14. In article 2873 (1), after the words "resumable" shall be inserted the words ", except where it has been entered into a transaction".
15. Article 3441: under paragraph (1), after the words "of this code" shall be inserted the words "the case against filing civil action";
article is completed (31) with the following contents: "(31), Mediator before the mediation process must be informed by the Court about the significant elements of the case. Ombudsman i put at your disposal the necessary materials, without prejudice to re-opening. "in paragraph (4) shall read as follows:" (4) the mediator immediately begin the process of mediation in accordance with the provisions of the law on mediation "shall be added to article (5) with the following contents:" (5) on the termination of the mediation, the mediator draws up a report in which it shall record the light of the termination of the mediation process. The minutes shall be parties and organizations shall submit to the Court. If the parties have reconciled, the mediator draws up the transaction, to be signed by the parties and shall be submitted to the Court in which criminal proceedings lies the cause along with the Protocol regarding the termination of mediation. "
Art. VIII.-code of civil procedure of the Republic of Moldova nr. 225-XV of 30 May 2003 (reprinted in the Official Gazette of the RM, no. 13, 130-134, art. 415), as amended, is modified and completed as follows:

1. In article 9, paragraph 2, after the words "judicial debates lead" shall be inserted the words "shall inform the parties about the possibility of initiating the process of mediation."
2. Article 60 (5), the words ' will not admit the transaction between the parties "shall be replaced with the words" not confirming the transaction ", and finally it is completed with the text:" Previous confirmation of the transaction, the Court shall verify compliance with article 11. 32 para. (3) of law No. 137 of 3 July 2015 on mediation. "
3. In article 81 (1), after the words "to recognize," shall be inserted the words "to have recourse to mediation,".
4. In article 89, paragraph (1) shall be supplemented with the letter i) with the following content: "i) termination process in relation confirmation of the transaction concluded in the process of mediation pursuant to article. 39 of law No. 137 of 3 July 2015 on mediation. "
5. Article 97 shall be completed (6) with the following contents: "(6) If, after the filing of the judgment, the parties have recourse to mediation and were partially reconciled, the State fee shall be reduced in proportion to the value of the claim resolved through transaction."
6. In article 133 (b)), after the word "notaries", insert the word "mediators".
7. In article 170 (1) (a)), after the words "on the way out of court," shall be inserted the words "including through mediation."
8. In article 183, paragraph (2) shall be supplemented by the letter e) with the following content: "e) evaluation of opportunities to resolve the dispute through mediation."
9. In article 185 (1) d), after the words "conciliation of the parties" insert text ", explains to the parties the right to have recourse to mediation, inform them about the essence, the benefits and effects of mediation or proposes to participate in a session of information on the settlement of disputes through mediation."
10. In article 191 (1), subparagraph (b)) to be completed in the end with the words "including through the mediation process."
11. In article 202, after the words "about the arbitral" shall be inserted the words "or through mediation."
12. In article 212, paragraph 2, the words "to this end, the Court may grant the parties, upon request, allow a period of conciliation and may request their personal presentation in court even if they are represented in the process." shall be replaced with the text: "to this end, the Court may grant the request of the parties, to: (a) a time limit for conciliation) and may request their personal presentation in court even if they are represented in the process;
b) a time limit for informing about the essence, the benefits and effects of mediation and for initiating the process of mediation. "
13. In article 260, paragraph 1 shall be supplemented by the letter f) with the following content: "f) initiation of mediation in accordance with the law on mediation."
14. Article 262 shall be supplemented with the letter c1) with the following contents: c1 ") during the mediation-in the cases provided for by art. 260 paragraph 6. (1) (a). f);”.
15. In article 267, paragraph a) shall be completed in the end with the words "including through mediation."
16. In article 270 (2), the word "debate" shall be replaced with the word "deliberation".
17. In title V, after the words "ARBITRATION DECISIONS" shall be inserted the words "COMMIT TRANSACTION".
18. In article 481, paragraph (3) shall be completed in the end with the words ", or to resolve the dispute through mediation".
19. Title V shall be supplemented with the following contents, chapter XLV: "Chapter XLVPROCEDURA confirmation of the TRANSACTION CONCLUDED in ORDER to PREVENT a CIVIL LAWSUIT and the issue of the ENFORCEMENT of Article 487. Competence for the examination of the application (1) the application for confirmation of the transaction whereby the parties prevent a civil lawsuit, and release the title of execution shall be submitted in writing by the mediation process or its legal representative at the Court of the domicile or seat of the plaintiff.
(2) transactions concluded in the civil and commercial disputes with a foreign element is confirmed under this chapter if the examination of the dispute resolved by the transaction is within the competence of the courts of the Republic of Moldova and the execution of the transaction, in whole or in part, to be carried out in the territory of the Republic of Moldova.
Article 488. The contents of the request for confirmation of the transaction whereby the parties prevent a civil lawsuit and issuing of the certificate of execution (1) the request for confirmation of the transaction whereby the parties prevent a civil lawsuit and issuing of the certificate of execution shall indicate: (a)) to which it addressed to the Court;
b) surname and forenames of the Ombudsman who mediated the dispute;
c) surname and forenames, or name of the parties of the mediation process, their domicile or registered office, telephone/fax numbers, e-mail address and other contact information;
d) date of conclusion of the transaction;
(e) request the party concerned) to confirm the transaction and to release the title of execution of the transaction;
f) as appropriate, the contact details of the applicant's legal representative.
(2) at the request of confirmation of the transaction whereby the parties prevent a civil lawsuit and issuing of the certificate of execution shall be attached: a) transaction in the original;
b) Convention, if such an agreement was concluded;
c) copy of the minutes regarding the termination of the mediation process;
d) where appropriate, the documents establishing the execution part of the transaction.
(3) if the application was filed in violation of the provisions of this article, it shall not be met, in accordance with art. 171. Article 489. Examining the application for confirmation of the transaction whereby the parties prevent a civil lawsuit (1) the application for confirmation of the transaction whereby the parties prevent a civil lawsuit will be examined urgently, within 15 working days from the filing date, without summoning the parties. The Court will send the Party opposes the execution of the transaction, received copies of the request for confirmation of the transaction and on the attached materials, setting a time limit for the submission of the reference.
(2) if the Court considers it appropriate, it shall convene the stakeholders for hearings, înştiinţîndu them of the date, time and place of the hearing, without drawing up a report.
(3) the judge shall refuse the transaction confirmation if this is precluded by law: a) times the rights, freedoms and infringe the legitimate interests of the person, the interests of society or the State;
b) was concluded with the violation of the law on mediation.
Article 490. The resolution of the request for confirmation of the transaction whereby the parties prevent a civil lawsuit (1) in the case of acceptance of the application, the judge issues a conclusion concerning the confirmation, indicating: (a) the file number) and date of conclusion;
b) Court, the name of the judge who issued the conclusion;
c) surname and forenames, or name of the parties who have entered into the transaction, domicile or head office and, where necessary, their dates, and other contact information;
d) surname and forenames, or name of the party which has requested confirmation of the transaction;
e) Court findings and conclusions concerning the admission or rejection of the application.
f) enforceability of final conclusion;
g) and how should the conclusion.
(2) concurrently with the issuance of the conclusion set out in paragraph 1. (1) the judge shall issue and enforcement, likely execution.
(3) if the confirmation is denied, the appeals court reasoned that dismissal may be appealed. "
Art. IX.-Article 11 of the code of execution of the Republic of Moldova nr. 443-XV of 24 December 2004 (reprinted in the Official Gazette of the Republic of Moldova, 2010, 214-220, 704), as amended, is modified and completed as follows: the letter f), the words "of the international refereeing" shall be replaced with the words "foreign arbitral decisions";
Article shall be supplemented with the following contents, k1): "k1) arbitral decisions approving transactions;".
Art. X-law nr. 23-XVI of 22 February 2008 concerning arbitration (Official Gazette of the Republic of Moldova, 2008, no. 88-89, art. 314) shall be supplemented as follows: 1. The Act is supplemented by article 231 cu reads: "Article 231. Arbitral proceedings the arbitral Institution suspension shall suspend the arbitral proceedings in case of initiation of mediation regarding the same dispute during the mediation, according to the law No. 137 of 3 July 2015 on mediation. "
2. Article 28 shall be completed (21) with the following contents: "(21) If, during arbitral proceedings the parties have concluded a transaction at their request the arbitral procedure shall be terminated. The transaction is subject to approval by the arbitral decision. "

Art. XI.-Law nr. 24-XVI of 22 February 2008 concerning international commercial arbitration (Official Gazette of the Republic of Moldova, 2008, no. 88-89, art. 316), as amended, is modified and completed as follows: 1. The Act is supplemented by article 231 cu reads: "Article 231. Suspension of Arbitration Court of arbitration proceedings shall suspend the arbitral proceedings in case of initiation of mediation regarding the same dispute during the mediation, according to the law No. 137 of 3 July 2015 on mediation. "
2. In article 30, paragraph 1, the words "secure this understanding in the form of an arbitral decisions" shall be replaced with the words "approves the transaction through an arbitrary decision".
Art. XII-offences of the Republic of Moldova nr. 218-XVI dated October 24, 2008 (Official Gazette of the Republic of Moldova, 2009, no.4-6, art. 15), with subsequent amendments, shall be completed as follows: 1. Article 26 shall be supplemented with the letter c1) with the following contents: "c1) conclusion of the transaction in accordance with the law on mediation;".
2. the code shall be supplemented with the following article: 4551 "4551 Article. Mediation procedure (1) in cases of administrative offences provided for in articles. 29, putting on the role of the case, the Court shall issue, at the request of the parties, no later than 3 days from the date of the distributions of the case, a conclusion by which suspend the administrative case and mediation proceedings in accordance with the law on mediation.
(2) upon the termination of the mediation, the mediator shall draw up and sign a report in which it shall record the ceasing of the mediation process basis. The minutes shall be parties and organizations shall submit to the Court.
(3) where the parties have entered into a transaction, it shall be submitted to the Court in which proceedings lies cause minor and is grounds for removal of contravention or criminal process termination in accordance with the provisions of art. 26 and 29. "