What do we do?

Introduction

On October 1, 2012, the Law on the reform of the Center for Combating Economic Crimes and Corruption (CCECC) came into force, and thus, the former CCECC became the National Anticorruption Center (NAC). The creation of the new anticorruption agency, with exclusive powers to prevent and counteract corruption, was a condition imposed by the European Union for the liberalization of the visa regime.

Center for Combating Economic Crimes and Corruption

The National Anticorruption Center is the legal successor of the CCECC - an institution, created on June 6, 2002, by merging the Economic-Financial Police Directorate and the Anti-Corruption Directorate of the Ministry of Internal Affairs, the Financial Guard and the Financial Control and Review Department of the Ministry of Finance.

The creation of the Center (CCECC) was determined, first of all, by the need to build an efficient state structure, the main purpose of which was to combat economic crimes and corruption in the Republic of Moldova.

Another requirement, no less important, was the need to optimize the structure and activity of the control bodies. In 2002, following evaluations regarding the activity of the law and control institutions, it was found that the functions of different state institutions were duplicated, on the one hand, and inefficient interactions between them, on the other. As a result, there was a considerable number of tendencies and inopportune checks and reviews that did not produce the expected effects in order to eradicate economic crimes and the phenomenon of corruption in society.

At the same time, among the CIS countries, only in the Republic of Moldova the control bodies did not have criminal prosecution functions. With the adoption of the Law on the Center for Combating Economic Crimes and Corruption, an institution with a complex system for detecting economic crimes was created in Moldova, starting with obtaining and documenting the operative information, carrying out the review and control act, the criminal prosecution. and submitting the case to the court.

Also, the formation of CCECC was also determined by the European integration standards that required the existence of specialized anticorruption bodies.

Thus, the Center for Combating Economic Crimes and Corruption was an imperative of the time, the activity of the institution, initially, aiming at preventing, discovering, investigating, eliminating contraventions and economic-financial and fiscal offenses; countering corruption and protectionism; counteracting the legalization of goods and money laundering illegally obtained, carrying out the anticorruption expertise of the draft legislative acts and the draft normative acts of the Government, in order to align them with the state policy of preventing and combating corruption. 

Starting with 01.07.2002, after the publication of the Law of the Republic of Moldova on the Center for Combating Economic Crimes and Corruption no.1104-XV from 06.06.2002 in the Official Monitor, the hiring of the personnel from the Department of Financial Control and Review of the Ministry has begun Finance, the Anti-corruption Directorate of the Department for Combating Organized Crime and Corruption, the Economic-Financial Police Directorate of the General Police Inspectorate of the Ministry of Internal Affairs; of the Financial Guard of the Main State Fiscal Inspectorate.

On 13.12.2002, the reorganization of the Center took place and a new classification scheme was approved, according to which the subdivisions of the institution were territorially located in the cities of Chisinau, Balti, Edineţ, Soroca, Ungheni, Orhei, Hincesti, Causeni, Cahul and Comrat.

This structure was functional until May 13, 2004, when the reorganization of the Center took place, with the reduction of some subdivisions, as a result of the elimination of 8 general territorial directions. Thus, out of the 9 territorial subdivisions, only two remained in the composition of the Center: the General Territorial Directorate of Balti and the General Territorial Directorate of Cahul.

During the 10 years of existence, C.C.C.E.C.  has passed through 9 processes of structural reform and reorganization, 3 times his procedural competences were changed and 5 directors changed.

CCECC Directors:

1. Alexei Roibu

2. Valentin Mejinschi

3. Serghei Pușcuța

4. Serghei Mejinschi

5. Viorel Chetraru 

From CCECC to NAC

Throughout the Center's activity, the reports of international institutions, especially the European ones, recommended strengthening the independence of CCECC. Despite these recommendations, until the adoption of Law no. 120 of May 25, 2012, the issue of ensuring the real independence of CCECC it was never given due attention in the processes of its reformation.

As a result of the EU Evaluation Mission, from October 2011, the European Commission adopted a second progress report regarding the implementation by the Republic of Moldova of the Action Plan regarding the liberalization of the visa regime, which mentions the CCECC reform.

The report states:

"The CCECC reform strategy aims at redefining the CCECC 's powers and structure, strengthening the independence guarantees of the institution, increasing the capacities to carry out activities to prevent and fight corruption, to raise awareness of public opinion and to obtain public support. This is a key reform to the overall anti-corruption policy framework. It is welcome that the Republic of Moldova has organized a series of public consultations on its reform plans. No matter what will be the solution adopted in the last instance, the guarantees of independence, operational autonomy and efficiency must prevail. They must be applied not only in the future activities of CCECC, but also in the process of selecting and hiring collaborators. Equally important is ensuring the institution with adequate financial and human resources, as well as ensuring coherence, good cooperation and a clear division of tasks with the other institutions that exercise anti-corruption powers, including the National Integrity Commission, the anti-money laundering unit, the prosecutor's office and other legal bodies. 

The reform of the CCECC must go hand in hand with the reform of the legal bodies and the judicial system in order to produce the expected results."

Other important and reference evaluation reports are:

The recommendations of the Expert Mission regarding the review of the competences of law enforcement bodies in the investigation and prosecution of corruption crimes as a result of the evaluation carried out in April 2005 within the Support Program of the National Anti-corruption Strategy of Moldova (PACO Moldova),

The capacity assessment report: the anti-corruption functions of the Center for Combating Economic Crime and Corruption (assessment carried out by the UNDP Regional Center in Bratislava, 2009),

The comprehensive institutional evaluation and the reform plan of the Center for Combating Economic Crimes and Corruption (evaluation carried out within the framework of the EU Support Program in the implementation of agreements between the EU and the Republic of Moldova in 2010) and

The final report on the legal and institutional framework for preventing and fighting corruption in the Republic of Moldova, drawn up at the request of the UNDP Moldova in 2010.

The establishment of a national anti-corruption agency is a common international practice; there is a series of international documents signed and ratified by the Republic of Moldova that contain provisions in this regard:

- The criminal convention on corruption, adopted by the Council of Europe in Strasbourg on January 27, 1999, which was signed by the Republic of Moldova on June 24, 1999 and ratified on October 30, 2003 by Law no. 428-XV, establishes the following: "Each Party adopts the necessary measures to empower persons or entities to specialize in the fight against corruption.

They will have the necessary independence within the fundamental principles of the Party's legal system to be able to exercise their functions effectively and free from any illicit pressure.";

- The UN Convention against Corruption, adopted in New York on October 31, 2003, signed by the Republic of Moldova on September 28, 2004 and ratified by Law no. 158-XVI of July 6, 2007, establishes: "Each state party shall ensure that, according to the fundamental principles of its legal system, there are one or more bodies, as appropriate, tasked with preventing corruption...";

- The declaration on 10 common measures to eradicate corruption in South-East Europe, issued by the Anti-Corruption Initiative of the Stability Pact, signed in Brussels in May 2005, committed the Republic of Moldova to support the sufficient allocation of human and financial resources for the responsible institutions the prevention and eradication of corruption.

On May 25, 2012, the Parliament adopted Law no. 120 on the amendment and completion of some legislative acts, by which the CCECC was reformed. Thus, the CCECC became the National Anticorruption Center (NAC) from October 1, 2012, an independent structure in its activity, which obeys only the law. The NAC presents reports to the Parliament and the Government, the director of the NAC is appointed and dismissed by the Parliament, based on explicitly established criteria.

Selection of the NAC employees. it is done on the basis of very strict procedures, which involve psychological and polygraph checks, and the correctness and honesty of their activity are rigorously supervised, through the application of integrity tests and lifestyle monitoring.

NAC directors

1. Viorel Chetraru

2. Bogdan Zumbreanu

3. Ruslan Flocea

4. Julian Rusu

5. Alexandr Pînzari

The National Anticorruption Center (hereinafter referred to as the Center) is a body specialized in preventing and combating corruption, acts related to corruption and acts of corruption.

The center is a legal entity of public law, financed entirely from the state budget, has treasury accounts, stamps with the image of the State Coat of Arms of the Republic and other necessary attributes.

The center is an apolitical body, does not provide assistance and does not support any political party.

The Center is independent in it`s activity and is subject only to the law. The Center has organizational, functional and operational independence under the conditions established by law.

The legal framework

The legal framework for the activity of the Center is the Constitution of the Republic of Moldova, Law no. 1104 of 06.06.2002 regarding the National Anticorruption Center, other normative acts, as well as the international treaties to which the Republic of Moldova is a party.

This law is supplemented by the provisions of Law no. 158-XVI of July 4, 2008 regarding the civil service and the status of the civil servant, of Law no. 199 of July 16, 2010 regarding the status of persons with public dignity functions, labor law, common civil, administrative or criminal law regulations, as the case may be, as long as they do not contravene the special legislation governing the activity of the Center's employees.

The principles of activity

In accordance with Article 3 of Law no. 1104 of 06.06.2002 regarding the National Anticorruption Center, the Center operates on the principles:

    a) legality;

    b) independence;

    c) impartiality;

    d) the priority application of the methods of preventing corruption over those of combating;

    e) respect for human rights and fundamental freedoms;

    f) opportunity;

    g) combining public and secret methods and means of activity;

    h) the combination of the one-person and collegial leadership;

    i) collaboration with other public authorities, public organizations and citizens.

Attributtions

According to article 4 of Law no. 1104 of 06.06.2002 regarding the National Anticorruption Center, In the attributions of the Center enter:

- preventing, detecting, investigating and curbing corruption offenses and offenses related to corruption, as well as acts of corruption;

- carrying out the anti-corruption expertise of the draft legislative acts and the draft normative acts of the Government, as well as of other legislative initiatives presented in Parliament, in order to comply with the state's policy of preventing and combating corruption;

- carrying out the operational and strategic analysis of corruption acts, acts related to corruption and facts of corruption behavior, information on analytical studies of the phenomenon of corruption.

- carrying out the assessment of institutional integrity under the conditions of Law no. 325 of December 23, 2013 on the assessment of institutional integrity, monitoring the implementation of integrity plans and assessing the progress made;

- recovery of criminal assets.

The attributions of the Center are exhaustive and can only be modified or supplemented by law.

 

According to the Personal Data Protection Law no. 133 of 08.07.2011, personal data constitutes any information concerning an identified or identifiable natural person (subject of personal data). An identifiable person is a person who can be identified, directly or indirectly, by reference to an identification number or one or more elements specific to his or her physical, physiological, psychological, economic, cultural or social identities.

In the exercise of its duties and obligations, the Center is entitled to request and receive from public authorities, from legal and physical documents, documents, information and data necessary for the exercise of the duties of preventing and analyzing the acts of corruption and related, as well as the examination of the request or the communication about the contraventions or offenses within its competence recorded in the established way, according to the provisions of art. 6 of the Law no. 1104-XV of 06.06.2002 "On the National Anticorruption Center".

In this context, the National Anti-Corruption Center processes personal data in accordance with the provisions of the Personal Data Protection Law no. 133 from 08.07.2011, being duly recorded in the Personal Data Operator Register.

In accordance with the provisions of art. 12-18 of the Law on Personal Data Protection no.133 of 08.07.2011, the subject of personal data has the right to information, the right of access to personal data, the right to intervene on personal data, the right of opposition of the subject of personal data, the right not to be subject to an individual decision, the right of access to justice.

In order to exercise the rights provided by the Law, the subject of personal data is entitled to address a written request to the National Anticorruption Center, Chisinau, Stefan cel Mare și Sfânt boulevarc, 198.

The full text of the Law can be accessed on the website of the National Anticorruption Center ...