2.1. General definitions

In order to understand the Moldovan anticorruption laws and regulations (collectively referred to as “anticorruption regulations”), it is first necessary to identify the categories of persons to whom the anticorruption regulations apply In Moldova, both public officials and certain other categories of persons that do not perform public functions are subject to anticorruption regulations.

The Moldovan law defines a public official (Romanian – “functionar public”), as an individual appointed, in accordance with the legal provisions, into a public function, whereas the public function (Romanian – “functie publica”) constitutes all duties and obligations established under the law, for the purpose of achieving the prerogatives of a public authority¹.

The Moldovan law distinguishes a separate category of officials, persons exercising ‘high public functions’, who are appointed directly through elections or indirectly through nomination, in accordance with the law, and includes inter alia, the President of the Republic of Moldova, the Prime Minister, the President and deputies of the Parliament, ministers, mayors etc., as per an exhaustive list prescribed by law².

Also, for the purpose of the applicability of the Moldovan Criminal Code (in particular in relation to the criminal liability for corruption offences), a different definition is used The Article 123 of the Moldovan Criminal Code makes a distinction between the “executive officers” and “high executive officers”³.

As defined by the Moldovan Criminal Code, the “executive officers” (Romanian – persoana cu functie de raspundere) are persons who are granted, permanently or temporally, by virtue of law, by appointment, election or by separate assignment, certain rights and obligations required to perform the functions of a public authority, or administrative and disposition responsibilities or organisational-economic responsibilities within an enterprise, a public institution, organisation of the state or of the local public administration, or within their subdivisions For example, the following persons qualify as “executive officers”: public officials empowered with decision-making rights, directors and deputies of state-owned enterprises, institutions, organisations, agencies, universities, hospitals, or their subdivisions.

The “high executive officers” (Romanian – persoana cu inalta functie de raspundere) are persons whose appointment or election is regulated by the Constitution of the Republic of Moldova and Moldovan organic laws, as well as persons with powers delegated by high executive officers For example, the following persons qualify as “high executive officers”: the President of the Republic of Moldova, the President and members of the Parliament, Prime Minister and ministers, all judges, including judges of the Constitutional Court, prosecutors, and members of the Court of Accounts.

2.2. List of persons subject to anticorruption regulations

Under the Article 4 of the Law of the Republic of Moldova No. 90-XVI on Preventing and Fighting Corruption, dated 25 April 2008, the following categories of persons having a public status could be held liable for corrupt practices (hereinafter - "Corruption Infringers"):

• persons holding ‘high public functions’ (e.g. the President of the Republic of Moldova, the President of the Moldovan Parliament, the Prime Minister, members of the Parliament, ministers and mayors, and other officials as per the list provided in the Law of the Republic of Moldova No. 158-XVI on Public Service and the Status of Public Officials dated 4 July 2008);
• public officials;
• judges, prosecutors, criminal investigation officers, employees of diplomatic service, tax authorities, customs, the Center for Combating Economic Crimes and Corruption, officers of the state security and of internal affairs bodies;
• heads and deputies of public institutions, state or municipal enterprises, of commercial entities with majority state capital;
• persons empowered, under normative acts, to take decisions in relation to the property owned by the state or by local public authorities, including in relation to financial means, or who have the right to dispose of such property;
• persons providing public service;
• persons who are permanently or temporary delegated with one of the functions mentioned from above;
• public officials after expiration of their authority, who resigned or were removed, according to the law;
• agents of electoral competitors;
• notaries, auditors, advocates and representatives in court proceedings;
• other persons provided by laws.

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