III. The activity of parties and other socio-political organizations

[Name of Article 18 (15) in the wording of the Law no. 795-XIV of 10. 02. 2000]

The rights of parties and socio-political organizations are established in this law and also in their bylaws.

To pursue their bylaws or programs goals, parties and socio-political organizations have the right to:

• freely circulate information about their activity;
• participate (independently, as a part of a bloc or a union with other parties and organizations), in elections of the representative state bodies of all ranks and in the formation of state administrative bodies;
  [Subparagraph 3 excluded via the Law no. 146-XIV of 30. 09. 98]
• found and own mass-media means, and conduct editorial activity, according to the legislation in force;
  [Subparagraph 4 modified via the Law no. 1615-XIV of 19. 10. 93]
• use free of charge, during the election campaign, the state mass-media, in accordance with the republican laws regarding the elections;
• exert other rights provided by the this Law, or by other pieces of legislation. Parties and other social-political organizations are obliged to:
• observe Republic of Moldova laws and their bylaws provisions;
• upon modification of the legislation or inconsistencies, modify appropriately their founding documents.

Upon modification or completion of the data included in the Register of Political Parties and Other Socio-political organizations, within 15 days inform Ministry of Justice.

[Paragraph 3 of Article 18 (15) introduced via the Law no. 795-XIV of 10.02.2000]

Failure to submit new data for inclusion in the Register of Political Parties and Other Socio-Political Organizations shall serve grounds for suspending the activity of the party or socio-political organization.

[Paragraph 4 of Article 18 (15) introduced via the Law no. 795-XIV of 10.02.2000]

Article 19 (15/1): Governing bodies of the parties and socio-political organizations

The following are the obligatory governing bodies of the political party or socio-political organization: the congress, conference and the permanent governing body in the time period within congresses and conferences.

The bylaws of the party or socio-political organization may provide for other governing bodies as well. In this case their responsibilities should be clearly defined in the bylaws.

The congress or conference is the supreme decision making body of the party or socio-political organization.

The congress or conference is convened at least once in 4 years, by the body entitled to do so according to the bylaws provisions.

Delegates to the congress or conference shall be elected by the territorial branches of the party or socio-political organization. The number of delegates is established according to the number of members. The procedure of delegates election shall be specified in the bylaws.

The congress, conference of the party or socio-political organization shall be considered deliberative provided at least half of delegates are present.

The decisions of the governing bodies of the party or other socio-political organization shall be adopted by the majority vote, unless otherwise specified in the bylaws.

[Article 19 (15/1) introduced via the Law no. 795-XIV of 10. 02. 2000]

Article 20 (15/2): Territorial Branches

Parties and socio-political organization may have territorial branches with a minimum number of members specified in the bylaws. The set up procedure shall be specified in the bylaws as well.

Territorial branches are not legal entities.
The governing body of the territorial branch is the general assembly of the members (delegates) of the organizations, whereas in the time period between general assemblies - permanent governing body, specified in the statue. Responsibilities and decision making procedure of the territorial branches' governing bodies are similar to those stipulated in Article 19 (15/1) paragraphs 6, 7.

Governing bodies of the territorial branches are elected for a period specified in the bylaws. These bodies may represent the party or other socio-political organization in relations with third parties at the local level, may open sub-accounts at the bank and administer them.

[Article 20 (15/2) introduced via the Law no. 795-XIV of 10. 02. 2000]

Article 21 (15/3): Membership in the political party or other socio-political organization

Membership in a party or other socio-political organization is personal and indefeasible. Members of the party or socio-political organization have equal votes.

Entitled body of the party or socio-political organization decides on granting or withdrawing membership in cases specified in the bylaws.

A member of the party or socio-political organization has the right to leave the party or socio-political organization at any time, his/her decision being effective immediately.

[Article 21 (15/3) introduced via the Law no. 795-XIV of 10. 02. 2000]

Article 22 (16): The property of parties and of other socio-political organizations

Parties and other socio-political organizations may poses assets such as buildings, equipment, publishing houses, printing houses, means of transport, as well as other assets necessary exclusively for pursuing bylaws goals.

The right of parties and other socio-political organizations to poses property is regulated by law.

Parties and other socio-political organizations have the right to benefit from their buildings and other goods, according to the borrowing or lease agreements concluded with other persons.

Parties and other socio-political organizations may not own land, industrial enterprises or associations and production cooperatives, and cannot conduct economic or commercial activities, except for the cases mentioned in Article 23 (17).

[Paragraph 4 of Article 22 (16) completed via the Law no. 1615-XII of 19. 10. 93]

It is prohibited for parties and other socio-political organizations to possess and deposit or keep weaponry, explosives and other materials which may present a danger (including environmental) to the life and health of citizens.

Article 23 (17): Financial support for parties and other socio-political organizations

The finances of parties and other socio-political organizations may be formed from registration and membership fees, profits received from the activity of mass media, sale of socio-political literature, sale of other propaganda and agitation materials manufactured with their own symbols, from the holding of festivals, exhibitions, lectures, other measures, from the voluntary contributions, donations by physical and legal entities, except for the cases indicated in the first part of Article 12 (10), and also from other sources not prohibited by law.

[Article 23 (17) in the wording of the Law no. 1615-XII of 19. 10. 93]

Article 24 (18): The use of income

According to the legislation, and exclusively in order to pursue its bylaws goals, a party or socio-political organization may set up enterprises or administrative organizations, which have the right to be legal entities.

Income received from the activities of parties and other socio-political organizations may not be distributed among their members and should be used solely for pursuing bylaws goals.

[Paragraph 2 of Article 24 (18) in the wording of the Law no. 1615-XII of 19. 10. 93]

Members of parties and other socio-political organizations are not entitled to the income and property of the parties or socio-political organizations and are not liable for their debts.

[Paragraph 3 of Article 24 (18) in the wording of the Law no. 1615-XII of 19. 10. 93]

It is allowed to use the earnings for charity and sponsorship regardless of the bylaws provisions.

The parties and socio-political organizations shall publish an annual report about the source of their income and about expenditures, and before February 1 of the following year, shall present a declaration about their financial activity for that relevant year to the financial authorities.

[Paragraph 5 of Article 24 (18) supplemented via the Law no. 1615-XII of 19. 10. 93]

The estate and resources from illegal sources shall be transferred into the state property based on the court ruling.

Article 25 (19): The right to circulate information

The parties and other socio-political organizations have the right to make public, in written, verbal, or any other form, information about their activities, to propagate their ideas, purposes, and programs. They also have the right to establish their own mass-media, except for radio and television, and use state mass-media, according to the legislation in force.

Article 26 (20): The right to hold rallies The parties and other socio-political organizations have the right to demonstrate and to call for meetings or demonstrations, as established by law.

Pages:

1 / 2 / 3 / 4 / 5 / 6 / 7