Advanced Search

On Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea și completarea unor acte legislative

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
    The Parliament adopts this organic law.
Art. I.-Law nr. 317-XV of 18 July 2003 concerning the normative acts of the Government and of other authorities of Central and local public administration (Official Gazette of the Republic of Moldova, 2003, # 208-210, art. 830), as amended, is modified and completed as follows: 1. Article 8 shall be added to (4) and (5) with the following contents: "(4) draft normative acts of the local public administration authorities shall make public , for consultation, with at least 15 working days prior to the date of approval of the Act. Acts as a matter of urgency shall be carried out in compliance with the law nr. 239-XVI of 13 November 2008 on transparency in decision-making process.
(5) the agenda of the meeting of the local Council/District are displayed in public places and be placed on the website of the Council for consultation, with at least 3 working days before the day of the meeting. "
2. Article 25 shall be supplemented with paragraph (5) with the following contents: "(5) regulatory acts of the local public administration authorities shall be included in the State Register of local acts in compliance with the law nr. 436-XVI dated December 28, 2006 on local public administration. "
3. In article 27: single paragraph becomes paragraph 1;
article is supplemented with paragraph (2) with the following contents: "(2) the official record of the acts of the local public administration authorities shall take place within the framework of the State Register of local laws."
4. Article 68 shall be supplemented by paragraph 3 with the following: "3. the normative acts of the local public administration authorities shall be included in the State Register of local acts in compliance with the law nr. 436-XVI dated December 28, 2006 on local public administration. "
Art. II.-Law nr. 436-XVI dated December 28, 2006 on local public administration (Official Gazette of the Republic of Moldova, 2007, no. 32-35, art. 114), as amended, is modified and completed as follows: 1. Shall be filled with articles 101 and 102 with the following content: "in article 101. Ensure record-keeping laws, local public administration authorities (1) the authorities of the local public administration are obliged to include in the State Register of local acts, in accordance with the present law and the law. 317-XV of 18 July 2003 concerning the normative acts of the Government and of other authorities of Central and local government: the local councils) decisions of the first and second levels;
b) provisions of the President and the Mayor of the district;
c) acts pretor;
d) other acts of the local public authorities, which are subject to mandatory control of legality in accordance with art. 64. (2) draft normative acts of the local public administration authorities shall make public, for consultation, with at least 15 working days prior to the date of approval of the Act. Acts as a matter of urgency shall be carried out in accordance with the law. 239-XVI of 13 November 2008 on transparency in decision-making process.
(3) the agenda of the meeting of the local Council/District are displayed in public places and be placed on the website of the Council for consultation, with at least 3 working days before the meeting.
Article 102. State Register of local laws, (1) the State Register of local laws is an informational resource that contains electronic texts of the acts of the local public administration authorities and additional data established by Government decision.
(2) the State Register of local laws, have the following functions: a), recording and keeping a record of acts of local public administration authorities;
b) ensuring access to public acts of local public administration authorities;
c) mechanisms for carrying out the provision of the administrative control of the local public administration authorities ' acts.
(3) access to the State Register of local laws is free and guaranteed by the law.
(4) regulatory acts of the local public administration authorities, included in the State Register of local acts, with the exception of documents containing personal data, the public can be accessed without restrictions. Personal acts and acts of individual character is entered in the State Register of local acts and can be accessed in accordance with the law. 133 of 8 July 2011 on the protection of personal data.
(5) the State Register of local laws is created, administered and maintained in the manner established by the Government.
(6) Creating, managing and maintaining the register of local acts are carried out in accordance with the law. 71-XVI of 22 March 2007 concerning the registers. "
2. In article 8 (5) shall read as follows: "(5) no later than 5 days from the date of signing, Council Secretary ensures the inclusion of Council decisions in the State Register of local acts, displays with normative decisions of the Council in public places." the article is completed (6) and (7) with the following contents: "(6) with normative Decisions shall enter into force on the date of their inclusion in the State Register of local acts, or from the date indicated in the the text of the decision, which may not precede the date of its inclusion in the State Register of local acts.
(7) the decisions of individual character shall take effect from the date of communication of the persons concerned or from the date indicated in the text of the decision, which shall not precede the date of its inclusion in the State Register of local laws. "
3. Article 32: at paragraph 11, after the words "public consultation" shall be inserted the words "by displaying in a public place and placement on the official website of the local public authority";
in paragraph 2, the words "and shall enter into force at the time of the public bringing their" are mutually exclusive;
Article shall be supplemented by (21) and (22) with the following contents: "(21) Provisions should be included in the Mayor's State Register of local acts within 5 days from the date of their signature. In addition, the provisions of regulatory nature are displayed in public places.
(22) the provisions of regulatory nature shall enter into force on the date of their inclusion in the State Register of local acts, or from the date indicated in the text of the provision, which may not precede the date of its inclusion in the State Register of local acts. "in paragraph (3) shall read as follows:" (3) the provisions of individual character shall take effect from the date of communication of the persons concerned or from the date indicated in the text of the provision that cannot precede date of its inclusion in the State Register of local laws. "
4. In article 39, paragraph (1) shall be supplemented with the letter h1) with the following contents: "h1) ensure the inclusion of the local public administration authority acts in the State Register of local acts, in accordance with this law;".
5. In article 46: (2) shall be supplemented with the words "no later than 5 days from the date of deployment of the rayon Council meeting";
article is supplemented with paragraph (3) with the following contents: "(3) no later than 5 days from the date of signing, Secretary of the District Council ensures the inclusion of Council decisions in the State Register of local acts as well as shows with normative decisions of the Council in public places."
6. Article 54 shall be supplemented with paragraph 11 with the following contents: "(11) draft provisions of the President of the district at district level issues that may impact economic, environmental, social (the ways of life and human rights, culture, health and welfare, the local communities, public services) shall consult the public by displaying in a public place and placement on the official website of the local public authority in accordance with the law, bulletins procedures established by each representative and deliberative authority of the territorial-administrative unit population level or the first appropriate. "in paragraph (2), the words" and shall enter into force at the time of the public bringing their "are mutually exclusive;
(3) shall read as follows: "(3) the provisions of the President of the district is included in the State Register of local documents within 5 working days from the date of signing. In addition, the provisions of regulatory nature are displayed in public places. "the article is completed (31) and (32) with the following contents:" (31) with normative Provisions shall enter into force on the date of their inclusion in the State Register of local acts, or from the date indicated in the text of the provision, which may not precede the date of its inclusion in the State Register of local acts.
(32) with individual character Provisions shall take effect from the date of communication of the persons concerned or from the date indicated in the text of the provision. In both cases, the entry into force cannot precede the date of inclusion in the State Register of local laws. "
7. Article 64: is completed with paragraph 11 with the following contents: "(11) the acts referred to in paragraph 1. (1) shall be subject to mandatory control by the State Chancellery through the directory of State laws. "in paragraph (2) shall read as follows:

"(2) the minutes of the Council meeting, the opinions of the Commission and appropriate materials for the purposes of adopting the decision, the exercise of control of legality of the acts referred to in paragraph 1. (1), shall be included in the State Register of local acts within 10 days from the date of the meeting in the manner established by the Government. Responsible for this is the Secretary to the Council. "
8. In article 65: (1) shall be repealed;
in paragraph 2, the words "the receipt of the list referred to in paragraph 1. (1) "shall be replaced with the words" the Act's inclusion in the State Register of local acts ".
9. Article 66: in paragraph 3, the words "the issue of the document" shall be replaced with the words "the Act's inclusion in the State Register of local acts";
article is completed (31) with the following contents: "(31) the term specified in paragraph 2. (3) does not extend to administrative regulatory nature. "
10. Article 67: in paragraph 2, the words "publication or communication of the document" shall be replaced with the words "the Act's inclusion in the State Register of local acts or act of the persons concerned";
article is supplemented with paragraph 21 with the following contents: "(21) the term specified in paragraph 2. (2) does not extend to administrative regulatory nature. "
11. In article 68, paragraph (2) shall read as follows: "(2) the territorial Office of the State Chancellery shall notify the authority of local public administration within: 30 days to) of the date of inclusion of the Act in the State Register of local acts-in the case of mandatory and voluntary control;
b) 30 days after the date of receipt of the request for the carrying out of control-if requested by the control authority of the local government unit or person aggrieved. "
12. The Act is supplemented by article 721 with the following content: "Article 721. Records of acts subject to administrative control (1) records of administrative acts subject to control by the territorial offices of the State Chancellery shall be done through their inclusion in the State Register of local acts, to ensure: a) records, the recording and preservation of the documents under scrutiny;
b) storing, keeping related material issuing administrative acts (the minutes of the meetings of Councils, opinions of the specialist committees and other relevant materials);
c) public access to information concerning the results of the monitoring of the acts of local public administration authorities;
d) internal control activity its territorial offices of the State Chancellery. (2) the procedures pertaining to registration, records and accessing information concerning laws, subject to administrative supervision shall be established by the Government. "
Art. III.-amendments to the Code 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. the article is completed with the following contents: 3261 "Article 3261. Violation of the Law on local public administration (1) approval by the local public administration authority of a normative act whose project has not been published for the purpose of consulting the public is punishable by a fine of from 10 to 20 conventional units applied to the person function.
(2) the omission by the person in charge of the term provided for in the law regarding the inclusion of acts issued by local public administration authorities, including minutes of meetings of the local Council, documents and information as provided by law, the State Register of local acts are sanctioned by a fine of from 10 to 20 conventional units.
(3) Preventing free access to local Council meetings shall be punishable by a fine of from 50 to 75 of conventional units applied to a physical person, with fine of 75 to 100 conventional units applied to person with reference to liability.
(4) the inclusion in the State Register of local laws, of a text which differs from the text of the document approved by the competent authority is punishable by a fine of from 50 to 75 of conventional units applied to a physical person, with fine of 75 to 100 conventional units applied to person with reference to liability.
(5) to include on the agenda of the meeting of the local Council (district) by the person responsible for the notification of the territorial Office of the State Chancellery shall be sanctioned with a fine of from 50 to 100 conventional units. "
2. the code shall be supplemented with the following article: 4151 "Article 4151. The State Chancellery and its territorial offices (1) the Offences referred to in articles. 3261 is established by the State Chancellery through its territorial offices.
(2) have the right to check irregularities and to conclude protocols heads of territorial offices of the State Chancellery. (3) the minutes relating to the offence shall be submitted for examination to the competent court. "
Art. IV.-Article 161 of law nr. 239-XVI of 13 November 2008 on transparency in decision-making (Official Gazette of the Republic of Moldova, 2008, no. 215-219, 798), with subsequent amendments, shall be filled in the end with the text: "individuals and persons with managerial responsibility responsible contravențională in accordance with the amendments to the Code of the Republic of Moldova."
Art. V.-(1) this law shall enter into force on the expiry of 24 months after the date of publication, with the exception of art. Section 7-11, which will be put into operation within 36 months from the date of publication.
(2) the Government: a) within 9 months from the date of publication of the present law, will create informational resource state register of local acts and will approve the documents necessary for its functioning;
b) will provide access to local public administration authorities from the State Register of local acts:-for the second-level within 12 months from the date of entry into force of the present law;
-the first level-within 18 months from the date of entry into force of the present law;
c) within 9 months from the date of publication of the present law, will bring its normative acts in compliance with this law.
(3) the authorities of the local public administration level will be included in the State Register of normative acts on their local laws in force, adopted before the entry into force of this law, within a period of 36 months.