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RLWeek February 17-23, 2020: The Law for sanctioning acts that violate provisions protecting social cohabitation, acts of disorderly conduct and public nuisance is republished. The rules for the performance of inspection activities by the economic-financial inspection body

The Law for sanctioning acts that violate provisions protecting social cohabitation, acts of disorderly conduct and public nuisance is republished

On 18 of February 2020, The Official Gazette no. 125 republished Law no. 61/1991 for sanctioning acts that violate provisions protecting social , acts of disorderly conduct and public nuisance.

Law no. 61/1991 knows republishing for a fifth time and it is updated in accordance with the modifications brought about by Law no. 11/2020 regarding the modification of article 2 point 20 of Law no. 61/1991 concerning sanctioning acts that violate provisions protecting social cohabitation, disorderly conduct and public nuisance and Law no. 192/2019 meant to amend and supplement provisions on public order and safety.

The law features the acts constituting contraventions that violate provisions protecting social cohabitation, disorderly conduct and public nuisance, as well as the applicable sanctions.

The contraventions are noted by the mayor, those authorized  by the mayor, by police officers or agents, by gendarmerie officers, petty officer, under-officer and by officers of the fronteer politice when the acts are committed in their area of jurisdicion.

Whenever the situation involves a contravention for which the law provisions a fine penalty, the officer that noted the contravention shall also issue the fine.

The rules for the performance of inspection activities by the economic-financial inspection body

On 17 February 2020, The Official Gazette no. 121 published Order no. 624/2020 concerning approval of detail attributions, informational influx and work methodology in inspection activities implemented based on the provisions of Government Order no. 119/1999 regarding internal/managerial control and preemptive financial control.

The order provisions for the following aspects:

1. The organization of the inspection. The activity of inspecting shall be exercised by the economic-financial inspection body. The activity of inspecting shall be exercised at the central level by the Public Finance Ministry through the General Directorate for economic-financial inspection and at the local level it shall be exercised by territorial structures for the economic-financial inspection, part of the economic-financial inspection services, agencies and divisions from within the Regional General Directorate for public finance and the General directorate for the management of the biggest taxpayers.

2. The implementation of the inspection. There are provisions that establish the situations in which an inspection can occur at a public institution:
– whenever there is indication of deviation from legality of regularity while operations are being performed, indication that results out of calls for control/complaints made by public authorities/institutions, including special structures part of the Public Finance Ministry, or out of other control actions implemented by the economic-financial inspection body or/and by petition.
– whenever the inspection body is called upon or there is indication that the persons responsible for this sector of activity fail in implementing a sound financial management.
– in all contexts in which the inspection body receives an intimation linked with the fact that the authorising officer (credit principal) performs on one’s own account operations without a preemptive financial control visa.

The inspection shall focus upon:
– observancy of accounting and economic-financial provisions.
– the preciseness and the real character of the data inserted in the financial-accounting register.
– the economic-financial management of public funds and/or public property.

3. Performing the inspection
 – The inspection shall be performed within the work space of the public institution and/or at the headquarters of the control body based on a work order.
– The public institution can ask the suspension/adjournment of the data for the beginning of the inspection for justified reasons based on documents/information. The suspension or adjournment of the inspection is approved or rejected by the minister for public finance or by the person deputized towards this aim by the minister for public finance and the public institution is announced within 5 days from the approval date.
– Once the inspection is over the legal reprezentative of the public institution or the person deputized by him to fulfill this duty is obliged to give a written statement in which he states that all the documents and informations demanded by the inspection body were presented, as well mentioning that all of these documents were returned in the care of the public institution. All the drawn up documents shall be verified and than conveyed to the public institution.

The Inspection Body shall draw up the following documents:
– inspection report.
– unilateral note.
– report.
– record of findings and subsequent penalties pertaining to contraventions, annexed to the inspection report.

The public institution can file for a remedy against the inspection report. The remedy against the inspection report represents the demand of the public institution for a re-examination of the inspection report towards its rescission or modification.

Dragoș Lucian Ivan

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