Moldova: Gift Rules for Public Officials
The Ministry of Justice's State Secretary, Stanislav Copețchi, emphasises the importance of adhering to the rules governing gifts offered to public officials.
These regulations ensure compliance with legislation and require declaration to a designated evaluation commission.
The legal framework surrounding gift-giving is specifically designed to prevent bribery, a crime outlined in the Criminal Code that prohibits public officials from accepting illegal remuneration in exchange for performing their duties. Admissible gifts, those that comply with the regulations, are limited to objects or goods with a maximum value of 1,000 lei per year. It is crucial to distinguish between permissible gifts and those that violate the regulations.
"Gifts that violate the regulations can be considered bribes, which are illegal forms of remuneration," explains Copețchi. "Admissible gifts are those permitted by law. It is therefore inaccurate to automatically equate a gift with a bribe. The concept of an admissible gift exists when the established procedure for receiving the gift is followed, including being registered accordingly in the public gift registry. This registry is maintained by the public entity and published on its official website," clarifies Copețchi.
If the commission determines that the value of a gift received by a public official surpasses the legal limit, the official has the option to redeem the item.
"If the commission determines that the cost of the goods exceeds 1,000 lei but is still considered an admissible gift, the public official is given the opportunity to redeem the item by paying the difference between the permitted amount and the excess value," the State Secretary adds.
According to Copețchi, any redemption will be made into the account of the public entity where the official is employed.
Translation by Iurie Tataru
