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Chapter XVI

Infringements affecting the activity


of public authorities

Article 312. Abuse of power or abuse of office

Intentional use of the service situation in a manner contrary to the public interest or the rights
and interests protected by law of natural and legal persons, if the act does not meet the
constitutive elements of the crime,

is sanctioned with a fine from 30 to 90 conventional units with deprivation of the right to hold a
certain position or the right to carry out a certain activity for a period of 3 months to one year.

Article 3121. Failure to provide persons with hearing disabilities with a mimetic-gestural
interpreter by public authorities

Failure to ensure communication between authorities and people with hearing disabilities, as
needed, with the services provided by a mimetic-gestural interpreter

is sanctioned with a fine from 60 to 180 conventional units applied to the person in charge.

Article 313. Excess of power or exceeding of service attributions

Committing an action that clearly exceeds the limits of the rights and attributions granted by law
and that contradicts the public interests or the rights and interests protected by law of natural or
legal persons, if the deed does not meet the constitutive elements of the crime,

is sanctioned with a fine from 30 to 90 conventional units with deprivation of the right to hold a
certain position or the right to carry out a certain activity for a period of 3 months to one year.

Article 3131. Protectionism


Protectionism, ie support for solving the problems of individuals or legal entities not provided by
normative acts, regardless of the reasons, which does not contain elements of crime, granted in
the exercise of office by the person working in a public authority, public institutions, state or
municipal enterprises or in a company with majority state capital,

shall be sanctioned with a fine from 60 to 90 conventional units applied to the natural person,
with a fine from 72 to 150 conventional units applied to the person in charge.

Article 3132. Failure to declare or resolve a conflict of interests

(1) Failure to declare the conflict of interests by the person working in a public organization
within the meaning of Law no. 133 of June 17, 2016 on the declaration of wealth and personal
interests

is sanctioned with a fine from 45 to 60 conventional units applied to the natural person, with a
fine from 120 to 180 conventional units applied to the person in charge with deprivation, in both
cases, of the right to carry out a certain activity for a term from 3 months to a year.

(2) Failure to resolve the conflict of interests in accordance with the provisions of the Law on the
declaration of property and personal interests

is sanctioned with a fine from 60 to 90 conventional units applied to the natural person, with a
fine from 180 to 240 conventional units applied to the person in charge with deprivation, in both
cases, of the right to carry out a certain activity for a period from 3 months to a year.

Article 3133. Excessive power regarding permissive acts

(1) Unexcused procrastination and / or exceeding the period of time established by law for the
issuance of the permissive act, as well as the issuance of the permissive act for a period of
validity less than the term provided by the Nomenclature of permissive acts

shall be sanctioned with a fine from 30 to 45 conventional units applied to the natural person,
with a fine from 45 to 60 conventional units applied to the person with positions of
responsibility, with or without deprivation of the right to carry out a certain activity for a period
from 3 months to a year.

(2) The request to hold and / or issue a permissive act that is not included in the Nomenclature of
permissive acts, establishing and / or applying a payment for issuing the permissive act in an
amount higher than the payment provided by the Nomenclature of permissive acts, unjustified
refusal of issuing the permissive act, invoking and applying certain requirements and procedures
for issuing permissive acts that do not correspond to the law, as well as unjustified withdrawal of
the permissive act

shall be sanctioned with a fine from 60 to 90 conventional units applied to the natural person,
with a fine from 90 to 120 conventional units applied to the person with positions of
responsibility, with or without deprivation of the right to carry out a certain activity for a period
from 3 months to a year.

Article 3134. Violation of the legal regime of incompatibilities and limitations applicable to
public office or function of public dignity

Violation of the legal regime of incompatibilities and limitations applicable to the public office
or the position of public dignity by:

a) failure to resolve within the legal term incompatibilities regarding the public office, public
office with special status, public office or the activity of the local elected according to the
legislation governing the status of these persons and according to the legislation on declaration
and control of property and personal interests;

b) the use in private interest of the official symbols related to the exercise of the mandate, of the
public office or of the function of public dignity, the admission of the use of his name
accompanied by the quality of public agent, voice or signature in any form of publicity for a
economic agent, for a national or foreign commercial product contrary to the provisions of the
legislation of integrity and of the legislation regarding the declaration and control of wealth and
personal interests,

is sanctioned with a fine from 50 to 60 conventional units applied to the natural person, with a
fine from 120 to 200 conventional units applied to the person in charge, with or without
deprivation of the right to carry out a certain activity, including public positions and positions of
public dignity, for a term from 6 months to one year, or with a fine from 200 to 250 conventional
units applied to the legal person.

Article 3135. Failure to take measures regarding the execution of the provisions of the Law
on the declaration of wealth and personal interests

Failure to take measures regarding the execution of the provisions of the Law on declaring
wealth and personal interests, manifested by:

a) failure to suspend the subject of the declaration during the examination of the finding in court,
if the operative part of the finding provides for the termination of the mandate, employment or
service relations for violation of the legal regime of conflicts of interest, incompatibilities or of
restrictions;

b) omission of dismissal or transfer of the public agent employed within the public entity,
violating the legal regime of restrictions in the hierarchy provided by the legislation of integrity
and the legislation on the declaration and control of property and personal interests,

is sanctioned with a fine from 120 to 200 conventional units applied to the person with a position
of responsibility, with or without deprivation of the right to carry out a certain activity, including
holding public positions and positions of public dignity, for a term of 6 Monday to one year.

Article 3136. Violation of the legal regime of restrictions and limitations in connection with
the termination of the mandate, of the labor relations or service and migration to the
private sector of public officials

(1) Non-compliance with the employment restriction, during a year, within the commercial and
non-commercial organizations in which the public agent had direct supervisory and control
attributions during a year before the termination of the mandate, employment or service relations
within the entity contrary to the provisions of the legislation on integrity and the legislation on
the declaration and control of wealth and personal interests, or non-compliance with post-
employment restrictions during other periods of time provided by the special legislation
governing the activity of certain categories of public officials
is sanctioned with a fine from 50 to 80 conventional units applied to the natural person, with a
fine from 120 to 200 conventional units applied to the person in charge, in both cases with
deprivation of the right to carry out a certain activity for a period of every 6 months to one year,
or with a fine from 150 to 300 conventional units applied to the legal person.

(2) Non-compliance with the restriction of concluding, for one year, the commercial contracts
with the public entity in which the public agent previously operated, as well as the restriction on
exercising the attributions of representing the interests of natural and legal persons before the
public entity activated the person who falls under the legislation on the declaration and control of
property and personal interests, during the last year before the termination of the mandate,
employment or service relations within this entity,

is sanctioned with a fine from 50 to 80 conventional units applied to the natural person, with a
fine from 120 to 200 conventional units applied to the person in charge, in both cases with
deprivation of the right to carry out a certain activity for a period of every 6 months to one year,
or with a fine from 150 to 300 conventional units applied to the legal person.

Article 314. Concealment of an act of corruption or an act related to it or failure to take the
necessary measures

Concealment of an act of corruption or an act related to it or failure to take the necessary


measures against subordinate officials who have committed such actions

is sanctioned with a fine from 30 to 90 conventional units applied to the person in charge.

Article 3141. Failure to ensure measures for the protection of the civil servant

Failure to ensure the measures established by law for the protection of the civil servant who
informs in good faith about the commission of acts of corruption and corruption, acts of corrupt
behavior, non-compliance with the rules on declaration of income and property and violation of
legal obligations regarding conflict of interest

is sanctioned with a fine from 30 to 90 conventional units applied to the person in charge.
Article 315. Receipt of illegitimate reward or material benefit

Receiving (taking) in the exercise of the function of illegitimate reward or material benefit, if the
deed does not meet the constitutive elements of the crime,

is sanctioned with a fine from 60 to 300 conventional units applied to the person in charge with
deprivation of the right to hold positions in the public service for a period of 3 months to one
year.

Article 3151. Violation of the manner of convening or organizing the meeting of collegial
body

(1) Failure to convene or not ensure the organization of the meeting of the collegiate body
according to the legislation or provisions of the statutory acts by the leader, secretary of the
collegiate body or other person whose duties include convening and / or organizing the meeting
illegal act,

is sanctioned with a fine from 50 to 150 conventional units.

(2) The actions specified in paragraph (1) committed premeditatedly or if they have caused
damages in considerable proportions

shall be sanctioned with a fine from 100 to 250 conventional units with deprivation of the right
to hold a certain position or the right to carry out a certain activity for a period of 3 months to
one year.

Article 316. Failure to meet the legitimate requirements of the Member of Parliament

(1) Failure to fulfill the legitimate requirements of the deputy in the Parliament or impeding the
development of the activity of deputy

is sanctioned with a fine from 12 to 18 conventional units.


(2) Failure to comply with the deadlines for submitting the information requested by the Member
of Parliament

is sanctioned with a fine from 6 to 12 conventional units.

Article 317. Manifestation of disrespect towards the court or towards the Constitutional
Court

(1) Manifestation of disrespect towards the court or towards the Constitutional Court

shall be sanctioned with a fine from 6 to 30 conventional units applied to the natural person, with
a fine from 30 to 60 conventional units applied to the person in charge.

(2) The interference in various non-procedural forms in the activity of the judges of the courts
and of the Constitutional Court, the attempt to exercise influence over them

shall be sanctioned with a fine from 24 to 45 conventional units applied to the natural person,
with a fine from 48 to 90 conventional units applied to the person in charge.

Article 318. Non-execution of the court decision

(1) The intentional non-execution or the evasion from the execution of the court decision or of
the executory document mentioned in art. 11 lit. c) or d) of the Enforcement Code

is sanctioned with a fine from 30 to 60 conventional units.

(2) The intentional non-execution or the evasion from execution by a person with a position of
responsibility of the documents indicated in par. (1) or preventing their execution

is sanctioned with a fine from 120 to 180 conventional units.


Article 3181. Non-execution of the emergency restriction order

Intentional non-execution or evasion from the execution of the requirements of the emergency
restriction order

is sanctioned with a fine from 60 to 90 conventional units or with a misdemeanor arrest from 3 to
10 days.

Article 319. Non-execution of the obligations provided by the Enforcement Code

(1) Actions (inactions) of persons who, without good reasons, do not meet the requirements of
the bailiff in the enforcement procedure or prevent the execution of the enforcement document

is sanctioned with a fine from 18 to 30 conventional units.

(2) Failure to fulfill the obligation by the parties of the enforcement procedure to communicate to
the bailiff the change of domicile or headquarters, as well as non-communication within the
terms provided by the Code of execution of the information requested by the bailiff by virtue of
his duties

is sanctioned with a fine from 30 to 60 conventional units.

(3) The execution of the enforcement acts by another person than the bailiff

is sanctioned with a fine from 45 to 90 conventional units.

Article 3191. Obstruction of the activity of the National Integrity Authority

(1) Failure to present, late presentation of data, information, documents or documents requested
by the National Integrity Authority under the conditions of Law no. 132 of June 17, 2016
regarding the National Integrity Authority and / or the presentation of some data, information,
documents or inauthentic documents
is sanctioned with a fine from 60 to 90 conventional units applied to the natural person, with a
fine from 150 to 180 conventional units applied to the person in charge, with a fine from 180 to
240 conventional units applied to the legal person.

(2) Non-execution of the finding act of the National Integrity Authority remained final

is sanctioned with a fine from 60 to 90 conventional units applied to the natural person, with a
fine from 180 to 270 conventional units applied to the person in charge, with a fine from 210 to
300 conventional units applied to the legal person.

Article 3192. Non-execution of the decisions of the Court of Accounts

Actions or inactions of persons in positions of responsibility who, without good reason, do not
execute the decisions of the Court of Auditors within the time limits set by it

is sanctioned with a fine from 120 to 210 conventional units.

Article 320. Interference in the activity of the Ombudsman and the Ombudsman for the
rights of the child

Interference in the activity of the People's Advocate and the People's Advocate for the rights of
the child in order to influence their decisions on complaints, intentional ignorance by the person
responsible for the complaint and failure to comply with the recommendations given by the
People's Advocate and the People's Advocate for children's rights, another form of their activity

shall be sanctioned with a fine from 12 to 18 conventional units applied to the natural person,
with a fine from 45 to 60 conventional units applied to the person in charge.

Article 321. Violation of the rules for the use of diplomatic and service passports of the
Republic of Moldova
Possession and / or illegal use of diplomatic and service passports of the Republic of Moldova

is sanctioned with a fine from 24 to 60 conventional units.

Article 322. Violation of the use of public symbols

(1) Intentional violation of the use of state symbols (coat of arms, flag, anthem) of the Republic
of Moldova or another state

is sanctioned with a fine from 12 to 24 conventional units applied to the natural person, with a
fine from 21 to 45 conventional units applied to the person in charge, with a fine from 30 to 60
conventional units applied to the legal person.

(2) The desecration of the national symbols of the Republic of Moldova or of another state, other
than those indicated in par. (1), if the deed does not constitute a crime, or of the territorial
symbols or the intentional violation of the way of using these symbols

is sanctioned with a fine from 9 to 21 conventional units applied to the natural person, with a fine
from 18 to 36 conventional units applied to the person in charge, with a fine from 30 to 60
conventional units applied to the legal person.

(3) Intentional violation of the use of corporate symbols of the specialized central bodies of the
public administration, of the corporate symbols of other central administrative authorities or of
the Armed Forces

is sanctioned with a fine from 6 to 12 conventional units applied to the natural person or with
unpaid work for the benefit of the community from 20 to 40 hours, with a fine from 9 to 21
conventional units applied to the person in charge, with a fine from 24 to 45 conventional units
applied to the legal entity.

(4) Unauthorized use of registered private symbols


shall be sanctioned with a fine from 3 to 6 conventional units applied to the natural person, with
a fine from 6 to 12 conventional units applied to the person in charge, with a fine from 18 to 30
conventional units applied to the legal person.

(5) The display or use in any way of signs not registered in the manner established by the
legislation on public symbols as a national, territorial symbol or as a corporate symbol of a
central specialized body of public administration, corporate symbol of another central
administrative authority or the Armed Forces

is sanctioned with a fine from 9 to 21 conventional units applied to the natural person, with a fine
from 18 to 36 conventional units applied to the person in charge, with a fine from 30 to 60
conventional units applied to the legal person.

Article 323. Illegal actions against state distinctions

(1) Illegal wearing and keeping of state distinctions of the Republic of Moldova

is sanctioned with a fine from 3 to 6 conventional units.

(2) Illicit transactions with state distinctions of the Republic of Moldova

is sanctioned with a fine from 3 to 6 conventional units.

(3) Forgery of state distinctions of the Republic of Moldova

is sanctioned with a fine from 6 to 12 conventional units.

Article 324. Encroachment of official qualities

The encroachment of official qualities by the illegal use of the uniform with distinctive insignia,
with the symbolism of the public authorities or with a similar aspect that would allow the
confusion, if it is not accompanied by the commission of a crime,
is sanctioned with a fine from 18 to 48 conventional units.

Article 325. Disclosure of data on security measures

(1) Disclosure of data on the application of security measures to a person or his close relatives, if
the deed does not meet the constitutive elements of the crime,

is sanctioned with a fine from 48 to 60 conventional units.

(2) Disclosure by a person in charge of the body providing state protection of victims, witnesses
and other persons benefiting from state protection of the information on the state protection
measures applied, if the deed does not meet the constitutive elements of the crime,

is sanctioned with a fine from 60 to 90 conventional units with or without deprivation of the right
to carry out a certain activity for a period of 3 months to one year.

Article 326. Violation of the provisions of the Law on the cadastre of real estate

(1) Violation of the term established for the submission of the application for registration of the
right over real estate

is sanctioned with a fine from 12 to 18 conventional units.

(11) Failure to register within the established term the contracts regarding the investments in
constructions at the territorial cadastral offices by the party that ensures the construction of the
real estate

is sanctioned with a fine from 90 to 150 conventional units applied to the person in charge, with
a fine from 210 to 300 conventional units applied to the legal person.
(2) Failure to ensure access to real estate for the execution of cadastral works

is sanctioned with a fine from 12 to 18 conventional units.

(3) Failure to present the documents that serve as a basis for making entries in the real estate
register in accordance with the legislation

is sanctioned with a fine from 6 to 12 conventional units.

(4) Failure to present updated cadastral data

is sanctioned with a fine from 6 to 12 conventional units.

(5) The introduction, modification and deletion from the real estate register, in violation of the
established manner, of the cadastral data, their dissemination and provision without approval

is sanctioned with a fine from 24 to 30 conventional units.

(6) Provision of cadastral data for commercial purposes without a contract concluded with the
territorial cadastral body to legal entities that are not part of the system of cadastral bodies

is sanctioned with a fine from 24 to 30 conventional units.

Article 3261. Violation of the provisions of the Law on local public administration *

(1) Approval by the local public administration authority of a normative act whose draft has not
been published for public consultation

shall be sanctioned with a fine from 6 to 12 conventional units applied to the person in charge.
(2) The omission by the responsible person of the term provided by law regarding the inclusion
of the documents issued by the local public administration authorities, including the minutes of
the local council meetings, of the documents and information provided by law, in the State
Register of local acts

is sanctioned with a fine from 6 to 12 conventional units.

(3) Preventing free access to local council meetings

shall be sanctioned with a fine from 30 to 45 conventional units applied to the natural person,
with a fine from 45 to 60 conventional units applied to the person in charge.

(4) The inclusion in the State Register of local acts of a text that differs from the text of the act
approved by the competent authority

shall be sanctioned with a fine from 30 to 45 conventional units applied to the natural person,
with a fine from 45 to 60 conventional units applied to the person in charge.

(5) The non-inclusion on the agenda of the meeting of the local (district) council by the person
responsible for the notification of the territorial office of the State Chancellery

is sanctioned with a fine from 30 to 60 conventional units.

Article 327. Violation of the deadlines for submitting reports to the Material Reserves
Agency

(1) Violation of the deadlines for submitting the reports to the Material Reserves Agency

is sanctioned with a fine from 2 to 4 conventional units applied to the natural person, with a fine
from 6 to 12 conventional units applied to the person in charge.

(2) The inclusion of false data in the reports submitted to the Material Reserves Agency
is sanctioned with a fine from 3 to 6 conventional units applied to the natural person, with a fine
from 12 to 24 conventional units applied to the person in charge.

(3) - repealed.

Article 3271. Violation of the rules for initiating and conducting proceedings of public
procurement

(1) Violation of the deadlines for submitting the reports to the Public Procurement Agency

is sanctioned with a fine from 2 to 4 conventional units applied to the natural person, with a fine
from 6 to 12 conventional units applied to the person in charge.

(2) The inclusion of false data in the reports and official explanations regarding the appeals
submitted to the Public Procurement Agency

is sanctioned with a fine from 3 to 6 conventional units applied to the natural person, with a fine
from 12 to 24 conventional units applied to the person in charge.

(3) Non-planning of public procurements or their planning in violation of the provisions of


normative acts, non-publication of the invitation to participate and the announcement of
intention, division of public procurement by concluding separate contracts for the application of
a procurement procedure other than the one used under normative acts

is sanctioned with a fine from 15 to 60 conventional units applied to the person in charge.

(4) Restricting in any way the access of economic operators to the procedure for awarding public
procurement contracts

is sanctioned with a fine from 15 to 60 conventional units applied to the person in charge.
(5) Failure to sign the declarations of confidentiality and impartiality by the members of the
working group, failure to draw up the minutes of opening and evaluation of tenders in public
procurement procedures, failure to send, within the established deadlines, information on the
outcome of the procurement procedure; of other information provided by the normative acts

is sanctioned with a fine from 15 to 90 conventional units applied to the person in charge.

(6) Violation of the rules for drawing up and keeping the public procurement file

is sanctioned with a fine from 15 to 60 conventional units applied to the person in charge.

(7) The refusal to transmit to the Public Procurement Agency the information regarding the
public procurement procedures, requested by the Agency for the purpose of fulfilling its
functions and attributions, or their non-transmission within the term provided by the normative
acts or, as the case may be, within the requested term

is sanctioned with a fine from 15 to 60 conventional units applied to the person in charge.

(8) Non-execution of the decisions of the Public Procurement Agency issued regarding the
public procurement procedures

is sanctioned with a fine from 15 to 60 conventional units applied to the person in charge.

Article 328. Violation of the rules of storage, completion, accounts and the use of archival
documents

Violation of the rules for keeping, completing, recording and using archive documents

is sanctioned with a fine from 3 to 6 conventional units applied to the natural person, with a fine
from 6 to 12 conventional units applied to the person in charge.

Article 329. Destruction and damage of documents from the Archival Fund
(1) Destruction without the necessary authorization of the documents from the Archival Fund
that are kept in the state archives, in other deposits, in the archives of the legal person

shall be sanctioned with a fine from 42 to 60 conventional units applied natural persons, with a
fine from 42 to 90 conventional units applied persons with positions of responsibility.

(2) Damage to the documents from the Archival Fund by deleting the text or image or by
inserting in the text or image some modifications or completions that did not have serious
consequences

shall be sanctioned with a fine from 30 to 42 conventional units applied natural persons, with a
fine from 42 to 60 conventional units applied persons with positions of responsibility.

Article 330. Refusal, non-execution or improper execution of the obligations provided by


law by the respondents regarding presentation of statistical data, non-timely presentation
of statistics or the presentation of erroneous statistical data

Refusal, non-execution or improper execution of the obligations provided by law by the


respondents regarding the presentation of statistical data, non-timely presentation by respondents
of individual or aggregate data for statistical purposes or presentation of erroneous or incomplete
statistical data, except for information on ideological beliefs , political affiliation, criminal
history, health and privacy of the individual,

is sanctioned with a fine from 12 to 42 conventional units applied to the natural person, with a
fine from 15 to 45 conventional units applied to the person in charge, with a fine from 45 to 55
conventional units applied to the legal person.

Article 3301. Obstruction of the legitimate activity of the Competition Council

(1) Submission of inauthentic or incomplete information to the Competition Council

is sanctioned with a fine from 18 to 60 conventional units applied to the natural person, with a
fine from 30 to 90 conventional units applied to the person in charge.
(2) Impeding the legitimate activity of the officials within the Competition Council, committed
by not admitting the control, preventing the access in the rooms or on the territory or not
presenting the requested information

shall be sanctioned with a fine from 30 to 90 conventional units applied to the natural person,
with a fine from 90 to 180 conventional units applied to the person in charge.

Article 3302. Violation of the rules for declaring wealth and personal interests

(1) The late submission of the declaration of assets and personal interests by the person obliged
to submit it under the conditions of Law no. 133 of June 17, 2016 on the declaration of wealth
and personal interests

is sanctioned with a fine from 30 to 60 conventional units.

(2) Failure to submit the declaration of assets and personal interests by the person obliged to
submit it

is sanctioned with a fine from 60 to 90 conventional units.

(3) Failure to present or refuse the presentation of information on wealth and income by family
members and / or concubine (s)

is sanctioned with a fine from 60 to 90 conventional units.

Article 3303. Violation of legislation and regulations in the field of state aid

Violation of the legislation and regulations in the field of state aid when granting, reporting,
using or keeping records of state aid, as well as non-fulfillment of an obligation or condition
imposed by a decision or prescription of the Competition Council
is sanctioned with a fine from 30 to 90 conventional units applied to the natural person, with a
fine from 60 to 120 conventional units applied to the person in charge, with a fine from 90 to 150
conventional units applied to the legal person.

Article 3304. Publication of subjects for graduation exams of gymnasium and


baccalaureate, as well as solutions to these

Publication of the subjects for the gymnasium and baccalaureate graduation exams and / or the
solutions to them until the beginning of the respective exam or during its progress

is sanctioned with a fine from 30 to 90 conventional units applied to the natural person, with a
fine from 150 to 240 conventional units applied to the legal person, with a fine from 150 to 240
conventional units applied to the person in charge with deprivation of right to hold certain
positions or the right to carry out certain activities for a period of 3 months to one year.

Article 3305. Violation of competition law

(1) The actions or inactions of the responsible persons within the authorities and institutions of
the central and local public administration, of the members of the collegiate bodies, of
restriction, impediment or distortion of competition, established by the decision of the
Competition Council,

shall be sanctioned with a fine from 100 to 150 conventional units applied to the natural person,
with a fine from 100 to 300 conventional units applied to the person in charge.

(2) Non-execution in time or improper execution of the decisions and prescriptions issued by the
Competition Council in order to apply the legislation in the field of competition, state aid and
publicity

is sanctioned with a fine from 100 to 200 conventional units applied to the person in charge, with
a fine from 150 to 300 conventional units applied to the legal person.

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