V. On suspending and dissolving the activities of a party or other socio-political organization

The Justice Ministry will suspend the activity of a party or socio-political organization in the case that it has infringed the Constitution or this Law, or failed to meet the requirements set forth in the warning.

[Paragraph 1 of Article 29 (23) supplemented via the Law no. 795-XIV of 10. 02. 2000]

In this case, the Justice Ministry will inform in writing the governing body of the respective party about the violation of the law that has been committed and will establish the term for removing it.

During the electoral campaign, only the Supreme Court can suspend the activity of the party or other socio-political organization.

[Paragraph 3 of Article 29 (23) modified via the Law no. 788-XIV of 03. 02. 2000]
[Paragraph 3 of Article 29 (23) modified via the Law no. 788-XIII of 26. 03. 96]

As long as a party or socio-political organization is suspended, it may not use mass-media, electioneer, conduct banking operations or other operations concerning the property and participate in elections.

[Paragraph 4 of Article 29 (23) supplemented via the Law no. 1615-XII of 19. 10. 93]

After removing the violation, the party or socio-political organization will inform the Justice Ministry, which, in a period of five days, will authorize the party or socio-political organization to resume its activity.

A party or socio-political organization can be suspended for at most six months. The activities of a party or socio-political organization may be suspended for one year if the violation is not removed or if, within a year of the date of suspension, the law is infringed again.

Article 30 (24): Ceasing the activity of a party or socio-political organization

The activity of a party or socio-political organization will cease in case:

• the party or socio-political organization dissolves itself, according to the bylaws;
• the party or socio-political organization is dissolved by the decision of the Supreme Court of Justice.

The authority which made the decision to liquidate the party or socio-political organization, shall immediately inform the Ministry of Justice, which would make a note in the Registry of the Political Parties and Other Socio-Political Organizations to the effect that the party or socio-political organization is under liquidation procedure.

A party or socio-political organization may cease its activity only upon the completion of the liquidation procedure and its exclusion from the Registry of the Political Parties and Other Socio-Political Organizations.

After ceasing its activity, the estate of the political party or socio-political organization shall be used to pursue statutory goals of for philanthropy.

[Article 30 (24) in the wording of the Law no. 795-XIV of 10. 02. 2000]
[Point 2 of Article 30 (24) modified via the Law no. 788-XIV of 03. 02. 2000]
[Point 2 of Article 30 (24) modified via the Law o. 788 of 26. 03. 96]

Article 31 (24/1): Liquidation procedure of the party or socio-political organization

According to the provisions of Article 30 paragraph 24 (1), only the permanent governing body or persons designated by the congress or conference are entitled to conduct liquidation procedures.

The decision on the liquidation of the party or other socio-political organization shall specify the procedure and time period of liquidation, deadline for creditors to submit their claims, which shall be at least 30 days of its publication in the Official Monitor of the Republic of Moldova, as well as ways of using the assets.

If the party or other socio-political organization is liquidated based on the provisions of Article 30 (24) paragraph (2), liquidators should be appointed in the liquidation decision.

Once liquidators are appointed, the mandated of the party or other socio-political organization bodies shall cease.

Liquidators shall meet all the requirements of this law related to publishing a notification on the liquidation of a party or other socio-political organization. The notification will include:

• name of the liquidators and the premises of the party or socio-political organization;
• procedure and time period for liquidation, deadline for the creditors to submit their claims;
• invitation for the creditors to submit evidence to their claims. Individual invitations shall be send to the creditors already known.

After liquidators are designated, they are obliged to draft the list of party or other socio-political organization inventory, indicating exactly the assets and liabilities, which shall be signed by the relevant persons and leaders of the permanent governing body.

Liquidators are obliged to continue the operations under way, to settle creditors' claims, and when the cash is insufficient to pay all the debts, they may sell the party or other socio-political organization patrimony.

Liquidators are liable both to the party or other socio-political organization as well as to the third parties for the damages inquired by their mistake.

Upon completion of the liquidation procedure of the party or other socio-political organization, the liquidators are obliged to draw the liquidation balance and submit it for the approval of the Ministry of Justice and Fiscal Department, as well as publish it in the Official Monitor of the Republic of Moldova. Assets left after the settlement of all the creditors' claims shall be used for the purposes specified in the bylaws or in the liquidation decision.

In all cases of political party or socio-political organization liquidation, liquidators shall submit to the Ministry of Justice the following document for a notification to be made in the Register of the political parties and other socio-political organizations:

• a petition on the exclusion of the party or other socio-political organization from the Register of the political parties and other socio-political organizations;
• registration certificate (original);
• document issued by the Fiscal Inspection to the effect that there are no arrears to the state budget;
• founding documents (original);
• act on the receipt of the seal in view of its destruction, issued by the entitled policy body;
• copy of the notification on the liquidation of the party or socio-political organization, published in the Official Monitor of the Republic of Moldova.

The obligations of the liquidators cease once all the financial and banking operations are completed.

[Article 31 (24/1) introduced via the Law no. 795-XIV of 10. 02. 2000]

Article 32 (25): Sanctioned dissolution

At the request of the Ministry of Justice, the Supreme Court of Justice will establish that the party or other socio-political organization has ceased its activity provided:

• the party or other socio-political organization failed to convene a congress or conference during 4 years;
• the number of the political party or other socio-political organization members is less than the limit established by law.

[Paragraph 1 of Article 32 (25) introduced via the Law no. 795-XIV of 10. 02. 2000]

In the case that a party or socio-political organization infringes the Constitution or the present Law again within one year after it has been suspended, as an answer to the request of the Justice Ministry, the Supreme Court may suspend the activity of that party or socio-political organization.

[Paragraph 2 (1) of Article 32 (25) modified via the Law no. 788-XIV of 03. 02. 2000]
[Paragraph 2 (1) of Article 32 (25) modified via the Law no. 788 of 26. 03. 96]

The State Prosecutor has the right to ask for the suspension of the activity or the dissolution of any party or socio-political organization, arguing his request before the Supreme Court.

[Paragraph 3 (2) of Article 32 (25) modified via the Law no. 788-XIV of 03. 02. 2000]
[Paragraph 3 (2) OF Article 2 (25) modified via the Law no. 788 of 26. 03. 96]

Article 33 (26): Appeals

The refusal to register the bylaws of a political party or socio-political organization may be appealed at the Supreme Court of Justice, which shall examine the appeal within five days according to the special judiciary procedure.

A party or socio-political organization may appeal against the decision by it was suspended. The appeal will be sent to the Supreme Court, which shall examine it within five days.

[Paragraph 2 of Article 33 (26) modified via the Law no. 788-XIV of 03. 02. 2000]
[Article 33 (26) in the wording of the Law no. 788 of 26. 03. 96]

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