Law of the Republic of Moldova on Parties and Other Socio-Political Organizations
No 718-XII of 17.09.91
Vestile No 11-12/106, 1991
I. General Principles
Article 1: The notion of party and the notion of socio-political organization
According to this Law, parties and other socio-political organizations are free will associations of citizens, based on community of ideas, ideals, and goals which contribute to the fulfillment of the political will of a part of the population by seizing state power in a legal manner and taking part in its enforcement.
[Paragraph 1 of Article 1 in the wording of the Law no. 146-XIV of 30. 09. 98]
The notion of socio-political organization also refers to leagues, fronts, unions, political mass movements etc.
This Law does not regulate the activity of other citizens' independent organizations which are based on professional, and cultural affinities and which do not request to participate in the foundation of organs of state.
Article 2: The right of association in parties and other socio-political organizations
The citizens of the Republic of Moldova have the right to associate by free will in parties and other socio-political organizations.
Only citizens of the Republic of Moldova who are at least 18 years of age can be elected as a member of a party or socio-political organization.
A member of one party cannot belong at the same time to another party.
A citizen may become a member of another party or socio-political organization provided he/she withdraws his membership from the party or socio-political organization he belonged to.
[Paragraph 4 introduced via the Law no. 795-XIV of 10. 02. 2000]
Parties and other socio-political organizations have the right to associate according to their free will in political unions, blocks, federations and associations.
[Article 2 modified via the Law no. 146-XIV of 30. 09. 98]
Article 3: The status of being a member of a party or socio-political organization
The status of being a member of a party or socio-political organization is specified by the respective organization.
Article 4: The basic ideas of the parties' and socio-political organizations' activities
Parties and other socio-political organizations perform activities with respect to the Constitution of the Republic of Moldova, to the present Law, and to other laws, and function according to their bylaws, registered in the established way.
The ruling bodies of the parties and other socio- political organizations must be situated in the territory of the Republic of Moldova.
On the territory of the Republic of Moldova cannot be created and cannot function other parties and socio-political organizations from abroad, or their subdivisions.
It is forbidden to establish and to operate paramilitary parties or other socio-political organizations, parties and socio-political organizations militating against political pluralism, state of law, and aim to remove or change by force, or by other unconstitutional means the state order; attempt to undermine the sovereignty and the territorial integrity of the Republic of Moldova, instigate war, social disorder, inter-ethnic and religious conflicts; authoritarian and totalitarian methods of rule, and abridge natural human rights, conduct activities that contravene the Constitution of the Republic of Moldova and the general accepted norms of international law.
[Paragraph 4 of Article 4 supplemented via the Law no. 146-XIV of 30. 09. 98]
Article 5: The bylaws of parties or other socio-political organizations
The bylaws must contain the following data:
- The name of the party or socio-political organization.
- The goals and the way to accomplish them.
- The requirements and formality is necessary in order to become a member of a party or socio-political organization, to be excluded or to resign from it.
- The rights and obligations of the members of the parties and socio-political organizations.
- The way to form and the competence of the ruling committee of the party or socio-political organization and the terms of their empowerment.
- The way to adopt, modify, and complete the bylaws.
- The sources for the financial support and other assets.
- Conditions in which a party or socio-political organization can be created, reorganized, or dissolved.
- Bodies entitled to designate candidates in local, parliamentary and presidential elections.
[Point 9. Introduced via the Law no. 795-XIV of 10. 02. 2000]
The bylaws should not infringe the laws of the Republic of Moldova.
The bylaws of the political party or other socio-political organization is registered provided the applicant:
- Includes at least 5000 active members residing in at least half of the second level administrative territorial units, but no less than 600 in each of the administrative-territorial units mentioned above;
[Letter a) modified via the Law no. 367-XIV of 29. 04. 99]
- Has its own program and governing bodies.
[Paragraph 3 of Article 5 in the wording of the Law no. 146-XIV of 30. 09. 98]
Article 6 (5/1): The program of the party or other socio-political organization
The program of the party or other socio-political organization should be submitted in a written form and be approved by the congress or conference.
[Article 6(5/1) introduced via the Law no. 795-XIV of 10. 02. 2000]
Article 7 (6): The name of the party or socio-political organization
The name, abbreviation and symbol of the party or socio-political organizations must be different from others registered in the Republic of Moldova,
In the case that the name of the party or socio- political organization is changed, then the party or socio-political organization should be registered again, as this Law specifies.
Article 8 (6/1): The premises of the party or other socio-political organization
Premises of the party or socio-political organization shall be considered the premises of its governing body. The party or socio-political organization may be registered also in the cases when its premises is the residence of one of its members.
[Article 8 (6/1) introduced via the Law no. 795-XIV of 10. 02. 2000]
Article 9(7): Guarantees on activity
The state ensures that the rights and legitimate interests of parties or other socio-political organizations are observed with respect to the Constitution of the Republic of Moldova. Also, the state guarantees that the same juridical terms are ensured for the accomplishment of the tasks present In their bylaws.
The interference of state bodies and officials in the activity of parties or other socio-political organizations and also the interference of the parties or other socio-political organizations in the activities of state bodies or officials are forbidden, except the cases stipulated by law.
It is forbidden to oppress and to deny the rights of a citizen because of his affiliation with a party or socio-political organization.
Any request to confirm the affiliation with a party or socio-political organization in an official document is not legal.
Parties or socio-political organization shall conduct their activities from their own financial resources.
[Paragraph 5 of Article 9 (7) modified via the Law no. 146-XIV of 30. 09. 98]
The parties and other social-political organizations will promote gender equality in designating governing bodies at all the levels.
[Paragraph 6 of Article 9 (7) introduced via the Law no. 146-XIV of 30. 09. 98]
The person who violates these conditions is held responsible according to the law.
Article 10 (8): Restrictions on political activity
Soldiers, persons who work in the Department of Internal Affairs, or in the State Security Department or In the Customs Office, judges, prosecutors, state inspectors, as well as those working for the official press, radio and television, are not allowed to join any party or any socio-political organization.
[Paragraph 1 of Article 10 (8) supplemented via the Law no. 18-XIV of 14. 05. 98]
[Paragraph 1 of Article 10 (8) modified via the Law no. 788 of 26. 03. 96]
Members of parties or other socio-political organizations who are recruited, as established by the law, into military service, appointed in the prosecution bodies, Internal Affairs bodies, State Security bodies, as well as in the State Inspecting bodies, have to suspend their affiliation during the period they serve in these institutions. Within ten days of the taking the oath, Ombudsmen shall suspend his/her membership in any party or other socio-political organization.
[Paragraph 2 of Article 10 (8) supplemented via the Law no. 18-XIV of 14. 05. 98]
A person who has suspended his affiliation to a party or socio-political organization cannot be elected as a member of the ruling bodies of the party or socio-political organization, and cannot perform any duties for the party or socio-political organization.
Article 11 (9): The depolitization of the education system
In the Republic of Moldova, the education system is not politicized. It is forbidden to disseminate and propagate political ideas of a party or socio-political organization in any kind of school.
[Article 11 (9) modified via the Law no. 146-XIV of 30. 09. 98]
Article 12 (10): Financial support for parties or other socio-political organizations
The financing of parties and other socio-political organizations and the transferal of property to them shall be prohibited for:
- foreign states, foreign individuals and legal entities, and individuals without citizenship;
- state organs, state enterprises, organizations and institutions with the exception of financing in accordance with the present legislation of elections for the representative organs of state power,
- joint-ventures in which more than 20% of the capital is foreign or owned by a foreign state or founder;
- all unregistered civic associations;
- any anonymous persons.
Parties and other socio-political organizations do not have the right to open their accounts in foreign banks and keep any monetary sums in them.
Political parties and other social-political organization shall be funded exclusively through the accounts opened in the banks operating on the soil of the Republic of Moldova.
[Paragraph 3 of Article 12 (10) introduced via the Law no. 146-XIV of 30. 09. 98]
[Article 12 (10) in the wording of the Law no. 1615-XIV of 19. 10. 93]
Article 13 (11): Solving the affairs of the party or other socio-political organization
Problems regarding the interest of a party or socio-political organization are solved, according to the legislation, by state and economical organizations, with the participation or coordination of the respective parties or socio-political organizations.
Article 14 (12): The principle of creating a party or a socio-political organization
The foundation of a party or a socio-political organization is based on the territorial principle.
It is forbidden to establish and operate sub-divisions of the parties and other socio-political organizations at workplace.
[Paragraph 2 of Article 14 (12) modified via the Law no. 795-XIV of 10. 02. 2000]
The state or state official cannot initiate the foundation of a party or socio-political organizations.
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