ACI Partners: Legal Flash No. 12

ACI Partners: Legal Flash No. 12

• 05.08.2015

 The new Public Acquisitions Law has been adopted with a purpose of harmonising the national legal framework with the EU acquis and transposes the Directives 2004/18/CE dated 31.03.2004, 2014/24/UE dated 26.02.2014 and 89/665/CCE dated 21.12.1989.

Upon entry into force the new Law will substitute the Law No. 96-XVI dated 13.04.2007 on public acquisitions.

Among basic regulations the following can be highlighted:

- establishing the Agency for Complaints Solving, an administrative authority within the Ministry of Finance supervision, which resolves complaints, filed within the public acquisition procedures. This provision comes to preclude conflict of interest noted in the wording of the Law No. 96-XVI dated 13.04.2007 on public acquisitions, where the Agency, on the one side registers results of public acquisitions procedures and on the other side solves operators’ complaints.

The Amendment Law No 136 modifies the provisions of the Law No 192 dated 12.11.1998 on the National Commission of the Financial Market (NCFM).
Among basic new regulations the following can be highlighted:

- the way of communicating of resolutions of the NCFM to the professional participants on establishment of financial remediation procedure, issuance of prescriptions and prohibitions, suspending or withdrawal of license, etc.;
- NCFM acts are subject to judicial review under the procedure established by the Law on Administrative Litigation.
- suspension of execution of NCFM acts may be imposed only if the following clauses are met, cumulatively:
• pertinent reasons and the case is one of the prima facie;
• suspension of execution is applied in order to avoid serious and irreparable damage to the person’s interests;
• damage which might be caused to a person exceeds the public interest followed by issuance of the NCFM contested act.
- establishing of the Center District Court, Chisinau municipality, as the court entitled with examination of administrative claims against NCFM acts.

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ACI Partners

ACI Partners is a dynamically growing Moldovan law firm with an expanding network of partners throughout Europe. ACI Partners was established by separation of the legal business from Ernst & Young Moldova and as such it draws from the latter|s long-acknowledged ability to offer competent advice. ACI Partners’ business strategy is to deliver a solid and reliable service, which the clients may turn to whenever they need. To reach this goal, ACI Partners employs a personalized approach to each client, showing a genuine respect for their values and unqualified commitment to their interests and needs, steadily investing in knowledge and data management and ensuring a working environment consistent with their clients’ quality demands and high expectations.