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Concerning The Reorganisation Of The Courts

Original Language Title: cu privire la reorganizarea instanțelor judecătorești

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    In order to ensure the quality of Justice, efficiency of the judiciary, fair distribution of tasks between the courts, the efficient use of public funds and to create preconditions for specialisation of judges, Parliament adopts this organic law.


Chapter IREORGANIZAREA Of The COURTS SYSTEM Art. 1.-(1) the courts of the Republic of Moldova is reorganized as follows: a) courts Centru, Buiucani, Riscani, Ciocana and Botanica, Chișinău municipality merging through merger, forming the regional court in Chișinău;
b) courts and merging through Singerei Fălești melding with Balti Court, forming Ponds Court;
c) Bender Court merges through merging with Columbia Court, Anenii Noi District Court here;
d) courts and crime in San Diego through merging with, merging Cimișlia District Court District Court regarding Cimișlia;
e) courts Briceni, Dondușeni and Ocnița merge via merging with A Court, forming A Court;
f) courts and merging through Cantemir Taraclia melding with the Courthouse, forming the Cahul District Court;
g) Călărași District Court merges through merger with the District Court, forming Strășeni Strășeni District Court;
h) Ștefan Vodă District Court merges through merger with the District Court, forming Grădiniţa Căușeni District Court;
I) courts Ceadir-Lunga and Vulcanesti merges through merging with Comrat Court of Appeals Court, forming Comrat;
j) Court of Dubasari merges through merging with Court Criuleni, Criuleni District Court here;
k) courts and Glodeni Riscani merges through merging with Court Drochia, Drochia District Court here;
l) merge via melding Florești District Court with Soroca district court District Court, forming Soroca;
m) by merging the melding of Ialoveni district courthouse with Court, forming Hîncești Hîncești District Court;
Four Oaks Court n) merges through merger with the District Court, the regional court here of Ungheni;
Șoldănești), Rezina district courts and merging with the merge via Telenești District Court of Orhei, Orhei district courthouse here.
(2) the rights and obligations of the courts shall be transmitted to the new merged Court created under the provisions of the civil code of the Republic of Moldova.
(3) the Commercial Court Constituency and military court terminates its operation on April 1, 2017.
Art. 2.-(1) newly created Courts under art. 1 (1). (1) they will start its activity on 1 January 2017.
(2) the location of the Unification will be courts gradually, until December 31, 2027, as creating the conditions for it, according to the plan approved by Parliament on a proposal from the Government.
(3) until the creation of the operating conditions in a single establishment, the new courts created under article. 1 (1). (1) will have multiple offices, the headquarters of the Court being the seat of the newly created Court of Justice, in accordance with the annex to this law. The President, the Vice-President and the head of the Secretariat of the Court will turn into its headquarters.
(4) Every seat of the Court, with the exception of the headquarters, is administered by a building administrator, appointed by the President of the Court of Justice.
Art. 3.-(1) the judges shall be deemed merged courts judges of the newly-created courts under article 1 para. (1) and (2) after the termination of the Commercial Court of Constituency and military Court judges they will transfer to the offices within the courts new vacancies created under art. 1 (1). (1) of this Act. As an exception to article 4. 20 of law No. 544-XIII of 20 July 1995 on the status of judges, judges at transfer courts which outgoing pursuant to art. 1 (1). (3) of this Act is not preceded by the assessment of their performance.
(3) to create, in accordance with art. 2, the conditions necessary for the location of the headquarters of the courts, the judges will continue to work in the premises of courts merged.
(4) the Superior Council of Magistracy, until 1 January 2017: a) shall establish and approve the number of judges within the courts, the way of distributing them in courts premises according to work load per system, and will ensure the transfer of judges;
b) will endorse the basic rules regarding the specialization of judges.
(5) until 1 July 2017, Presidents of courts created under article. 1 (1). (1) will determine how the specialization of judges.
Art. 4.-(1) the term of Office of all the Presidents and Vice Presidents of the newly-created courts under art. 1 (1). (1) shall cease as from 1 January 2017.
(2) If the term of Office of a President or Vice-President of the Court, for which he was previously called, expires after 1 January 2017, in case of new appointments, it will not be taken into account in calculating the number of seats held in succession by the President or the Vice-President respectively.
(3) units of clerks and legal assistants within the courts to be merged will be transferred until 1 January 2017 to newly created courts. Clerks and legal assistants within the courts to be merged will continue to work in their premises before the creation, in accordance with art. 2, the conditions required for their position in the headquarters of the courts.
(4) judicial assistants and Clerks within the courts which outgoing will be employed as a priority to the newly-created courts.
(5) after you change the personnel, States the staff of the secretariats of the merged and courts which outgoing, except that referred to in paragraph 1. (3) and (4) of this article will be undertaken as a priority in the Secretariat of the newly-created courts under art. 1 (1). (1) of this Act, subject to staff vacant units, in compliance with the law. 158-XVI dated 4 July 2008 concerning the public function and status of public official and labour legislation.
(6) the number of staff in the secretariats of the courts will change according to need, as reorganization of the courts and the creation of the conditions necessary for their operation.
(7) the Superior Council of Magistracy, until 1 January 2017:

a) will hold contests for the substitution of Presidents and premiers of the courts in accordance with law No. 514-XIII from 6 July 1995 concerning judicial organization;
b) shall establish and approve the number of units of the Secretariat staff for the courts, and the Division of personnel in all locations of the courts.
Art. 5.-(1) demands on civil, criminal, and shall be lodged with the courts to be merged will be examined under the law, by the judges who have been assigned to it.
(2) applications on civil, criminal and contravention, filed at the Commercial Court of the Constituency and the military court until 1 January 2017, in respect of which the first meeting was fixed for the examination will be forwarded to the courts in accordance with territorial competence, within 10 working days of the entry into force of this law.
(3) the date of entry into force of the present law, demands on Civil and Criminal Court shall have jurisdiction over what belonged to the commercial District and the Military Court will be submitted in compliance with the law, the courts in accordance with territorial competence.
(4) applications on civil, criminal and contravention, filed at the Commercial Court of the Constituency and the military court until 1 January 2017, in respect of which the first meeting was fixed for the examination, will be resolved by the justices to whom they have been assigned until April 1, 2017. Causes of unreviewed until 1 April 2017 will be submitted for review within 10 business days, the other justices, according to territorial jurisdiction.
(5) the decisions of the courts, the Commercial Court merged constituency and the Military Court, the Court of appeals contested until 1 January 2017, will be reviewed by courts of appeal in whose constituencies were the respective courts before the reorganization.
(6) records and other documents in the archive are transmitted towards the courts merged keeping newly created courts. Records and other documents in the archives of the Court and commercial Court Military Constituency shall be transmitted towards the preservation of the Court.
Art. 6.-(1) the Presidents of the courts of the merging or that terminates its operation will be performed, until 1 January 2017, inventory and valuation of assets and liabilities and financial statements will be prepared by the merger of the respective courts.
(2) the assets and liabilities, fixed assets and other assets of the courts to be merged, the Commercial Court and the Military Court Constituency to the newly-created courts will be effected on the basis of delivery-receipt documents drawn up in accordance with the regulation on mode of transmission of public property goods, approved by Government Decision No. 901 of 31 December 2015.
(3) during the period 1 January 31 December 2017-2027, capital investments will be carried out according to a plan approved by the Government.


Chapter IIMODIFICĂRI And ADDITIONS To SOME LEGISLATIVE ACTS Art. 7.-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), as amended, is modified and completed as follows: 1. Article 15 shall be added to paragraph 5 with the following: "(5) the Court may take one or more headquarters."
2. In article 16, paragraph (2) shall read as follows: "(2) the Presidents of the courts are assisted by vicepreşedinți. Presidents of courts are assisted by one Vice-Chairman. Within the Court, the number of Vice-Presidents shall be determined according to the number of seats of the Court. In the context of the courts of appeal and the Supreme Court of Justice, the number of Vice-Presidents shall be determined according to the number of colleagues. "
3. Article 21 shall be added to (11) and (12) with the following contents: "(11) the reorganisation or termination of the activity of the courts may be made only by an organic law. A court cannot be reorganized or its activity cannot be terminated if its jurisdictional powers have not been transferred to another court.
(12) the establishment of districts courts and courts of appeals districts is based on the cumulative assessment the following criteria: a) number of cases forwarded to the Court for review within the last 5 years and their complexity;
b) number of inhabitants in the region;
c) distance up to the nearest court, including the time required for its completion;
(d) the administrative and territorial division);
e) boards of buildings status. "
4. In article 25: (2) to (6) shall be repealed;
(1) paragraph only.
5. Annex 4. 2 shall read as follows: Annex 2 6. Annex 4. 3 shall read as follows: Annex 3 Art. 8.-Law nr. 544-XIII of 20 July 1995 on the status of judges (republished in the Official Gazette of the Republic of Moldova No. 2013, 15-17, art. 63), as amended, is hereby amended as follows: 1. In article 6, paragraph (6) are repealed.
2. In article 28, paragraph (2) is hereby repealed.
Art. 9.-the annex to law No. 853-XIII from 29 May 1996 regarding the reorganization of the system of judicial bodies (Official Gazette of the Republic of Moldova, 1996, nr. 46-47, art. 415), as amended, is hereby repealed.
Art. 10.-code of criminal procedure 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), with subsequent amendments, shall be amended as follows: 1. Article 37 shall be repealed.
2. In article 38, point 2), the words "including the military court" is excluded.
3. In article 42, paragraph (6) are repealed.
Art. 11.-the civil procedure code 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. Article 35 shall be repealed.
2. Article 38 shall read as follows: "Article 38. General territorial jurisdiction

(1) the plaintiff may bring the action in the court premises in any of the plaintiff's domicile is located.
(2) an appeal against a legal person shall be brought before the Court in one of the premises of the Head Office of the legal person in question. "
3. Throughout Article 39, the words "the Court" shall be replaced by the wording "in any one of the premises of the Court".
4. In article 44, paragraphs (4) and (5) shall be repealed.
5. Article 53 shall be supplemented by: (11) with the following contents: "(11) the proposal to objecting shall be examined in the manner in which it shall consider the request in court." in paragraph (2) shall be completed in the end with the text: "the application of the objection shall be decided not later than 5 days from the moment of submission."
6. In article 358, paragraph (2) is hereby repealed.
7. In Article 477 (1), the words "Court" shall be replaced with the words "in the Court which would have been competent to examine the cause of the lack of civil arbitration clause".
8. In article 482, the words "the Court" shall be replaced with the text "of the Court which would have been competent to examine the cause of the lack of civil arbitration clause".


Chapter IIIDISPOZIȚII FINAL And TRANSITORY Art. 12.-(1) this law shall enter into force on the date of publication, except where the provisions of article 10 and article 11 paragraphs 1, 4 and 6, which will enter into force on April 1, 2017.
(2) the Government and local public authorities will take the necessary measures, in accordance to the legislation in force, in order to ensure the functioning of the present law.
(3) the Government, within two months, will work out the plan to construct new buildings and/or the renovation of existing buildings necessary for the proper functioning of the judicial system.
(4) the Superior Council of Magistracy will propose to the National Institute of Justice to include in programs of continuing education of judges required subjects for specialization of judges in examining:-non-commercial disputes;
-criminal cases concerning offences committed upon people in the herd of soldiers, from the body of the sergenţi and in the body of the officers of the national army, from carabineer Troops and personnel of the Department of civil protection and emergency situations from the subordination of the Ministry of Internal Affairs, of herd intelligence and security service, service of protection and State guard, qualified persons from the herd of penitentiary institutions , persons subject to military service during the merger, other categories of persons in respect of whom there are express indications in the legislation.
(5) until 1 January 2017, Special telecommunications Center will provide configuration correspondingly the programme integrated management of dossiers.

PARLIAMENT SPEAKER Adrian CANDU No. 76. On April 21, 2016.

Annex