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INSTRUCTION No 4 from 24 March of Moldova's Commission for Emergency Situations

23:16 | 24.03.2020 Category: Official

Chisinau, 24 March /MOLDPRES/ -   In accordance with the Article 22 from the Law No 212/2004 on the regime of state of emergency, of siege and war, Article 2 of the Parliament Decision No 55/2020 on the declaring of the state of emergency, points 6, 7, 8 and 9 from the Regulation of the Moldova’s Commission for Emergency Situations, approved under the Government Decision No 1340/2001, Moldova’s Commission for Emergency Situations  

INSTRUCTS:  

1. The deliberate infringement or out of negligence of the Commission’s instructions represent reason for the dismissal of the leader of the public institution from office.  

2. The dismissal from office is ordered by the instruction of the Commission for Emergency Situations, based on the oral or written proposal of a Commission member.  

3. The provisions of the Article 86, paragraph 2, 87, 89, 90 of the Labour Code, as well as of other legal provisions which impose conditions, restrictions and rules of dismissal from office are not applicable on the period of the state of emergency.

4. The normative and individual instructions of the Commission for Emergency Situations are appealed directly in law court in a period of 24 hours starting the moment of the posting on the government’s official webpage.

5. The appeal submitted does not suspend the effects of the act appealed.  

6. The law court does not have right to suspend the act appealed.  

7. The exclusive competence for the consideration of the appeals against the Instructions of the Commission for Emergency Situations belongs to the Chisinau Court of Appeal.

8. The cause is judged in a term of 72 hours from the date of the file’s entering the court.

9. The appeal declared by omitting the term cannot be reinstated.

10. The decision by the Chisinau Court of Appeal is irrevocable starting the moment of its issuance.

11. The provisions of the Administrative Code, Civil Procedure Code are applicable at the consideration of causes, to the extent to which they do not run counter the provisions of the current instruction.

12. The Commission for Emergency Situations, at a proposal by a Commission member, decides the employment of the head of the public institution.

 

The Instruction contains also other points.

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