Albanian English

Law no. 9049

LAW

Nr. 9049, dated 10 April 2003

ON THE DECLARATION AND AUDIT OF ASSETS, FINANCIAL OBLIGATIONS OF ELECTED PERSONS AND CERTAIN PUBLIC OFFICIALS

(as amended with Law no.9367 dated 7 April 2005,  with Law no. 9475, dated 9 February 2006, with Law 9529, dated 11 May 2006, with Law no. 85/2012, dated 18.09.2012, with Law no. 45/2014,dated 24.4.2014)

Pursuant to Articles 78, 81 point 1 and 83 point 1 of the Constitution, on the proposal of the Council of Ministers

THE ASEMBLY

OF THE REPUBLIC OF ALBANIA

D E C I D E D

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose

The purpose of this law is the determination of rules for the declaration and audit of assets, the legitimacy of the sources of their creation, financial obligations for elected persons, public employees, their families and persons related to them.

Article 2

Definitions

Except when otherwise provided, the following terms have these meanings in the law:

1.  “Share” is a title of ownership, which represents one of the parts into which the capital of a company is divided and which gives the right to its owner to take part in the profits.

2.  Abrogated

3. “Registered movable property” is all property not included in immovable property and required to be registered in the public registers.

4. (Ref. Article 3, point 11, Law no. 9367 dated 7 April 2005).

5.  “Part of the capital” is the part that a partner owns in the capital of a company.

6. “Transaction” is an action by means of which is assured the transfer of property obligations and rights from one owner to another.

7. “Declarable expenditure” is the amount of money, paid for education, medical treatment, holidays, refurbishment, as well as other expenses of this type, carried out from the declaring entity.

8. The terms “conflict of interest”, “official”, “related person”, “private interests”, used in this law shall have the same meaning as defined in Article 3, points 1, 4, 7 and 11, as well as in Article 5 of Law no. 9367, dated 07.04.2005 “On the prevention of conflicts of interest in the exercise of  public functions”, (as amended).

9. Definitions “personal data” and “processing of data” have the same meaning as defined in Article 3 of Law no. 9887, dated 10.3.2008 “On protection of personal data”(as amended).

Article 3

Subjects Who Have the Obligation to Make a Declaration

1. Have an obligation to periodically declare to the High Inspectorate for the Declaration and Audit of Assets and Conflict of Interests:

a) The President of the Republic, Members of Parliament, Prime Minister, Deputy Prime Minister, ministers and deputy ministers;

b) The judge of the Constitutional Court, judge of the Supreme Court, the Chairman of the High State Audit, the Prosecutor General, the Ombudsman, Member of the Central Election Commission, Member of the High Council of Justice and the Inspector General of the High Inspectorate of Declaration and Audit of Assets and Conflict of Interests

c) High and middle management officials, according to the legislation in force on civil servants;

ç) Prefects, Deputy Prefects, heads of regional councils, mayors, heads of municipal units and communes;

d) Directors of directorates, and the commanders of the Armed Forces in the Ministry of Defense and National Intelligence Service

dh) Prosecutors, judges and bailiffs of all levels;

e) Directors of independent public institutions and members of regulatory bodies;

ë) General Directors, directors of directorates and heads of sections, (commissariats) in the center, districts and regions, of the General Directorate of Police, General Directorate of Taxation and the General Directorate of Customs and management levels in the General Directorate of Prevention of Money Laundering;

f) The official of customs and tax administration, who deals with the collection of customs or taxation revenue, with the exception of officials of the tax administration of the local government;

g) Leaders at all levels of the structures of restitution and compensation of property, privatization and registration of property;

gj) Officials, elected and appointed by the Assembly, the President of the Republic, Prime Minister, ministers or persons equivalent to them;

h) Governor of the Bank of Albania, the deputy and the members of its Supervisory Board;

i) Directors of public institutions subordinated to central institutions at the regional level;

j) Directors of joint stock companies with participation of the state capital over 50 percent and more than 50 workers.

2. Hold the obligation to make a declaration also the persons that, under Article 9 of this Law, have the obligation to make a declaration upon request.

3. The Assembly, by its own decision and on the proposal of the Inspector General, imposes the obligation to declare their assets to other functions contemplated in this Law.

Article 4

Time Period and Object of Declaration

The subjects specified in article 3 of this Law are obligated to declare to the High Inspectorate of the Declaration and Audit of Assets and Conflict of Interests by March 31 of each year the condition, up to December 31 of the previous year, of their private interests, the sources of their creation, and their financial obligations, as follows:

a) Immovable properties and the real rights over them;

b) Movable properties that can be registered in the public registers;

c) Items with special value over 300 000 (three hundred thousand) ALL;

ç) The value of shares, securities and parts of capital owned;

d) The amount of liquidity, situation in cash outside the banking system, in current account, deposits, treasury bonds and loans, in ALL or foreign currency;

dh) Financial obligations to natural and legal persons, expressed in ALL or in foreign currency;

e) Personal income for the year, from the salary or participation in boards, commissions or any other activity that brings personal income;

ë) Licenses and patents that bring income.

f) Gifts and preferential treatments, including the identity of the natural or legal person from whom come or are created the gifts or preferential treatments. The gifts or preferential treatments are not declared when their value is less than 10,000 (ten thousand) ALL, and when two or more gifts or preferential treatments given by the same person, together, do not exceed this value during the same period of declaration;

g) Engagements in private activities for profit or any kind of activity that generates income, including any kind of income created by this activity or this engagement;

gj) Private interests of the entity, corresponding, containing, based on or derived from family or cohabitation relations;

h) Any declarable expenses, worth over 300,000 (three hundred thousand) ALL, carried out during the declaration year;

Private interests of other types, different from those specified in Article 4 of this Law, may be required to be declared periodically, if it is possible and appropriate for subcategories of interests within these types, determined by order of the Inspector General

Article 4/1

All officials, who due to the exercise of public functions, become subjects of this Law and fill in the declaration form for the first time, under Article  5/1 of this Law, cannot hold and declare cash balances outside the banking system over the amount of 1.5 (one point five) million ALL.

For officials who have to make a declaration, pursuant to Article 5/1 of this Law, the deposition in the banking institutions of cash balances over the value provided in the first paragraph of this article, is mandatory required before submission of the declaration of private interests at the HIDAACI.

Article 5

Refusal to Make a Declaration

1.  Refusal to make a declaration entails the loss of function and punishment in conformity with the Criminal Code.  The Inspector General, within 30 days, sends to the responsible organ a reasoned notification about the removal from work of the person who refuses to declare.

The responsible organ, within 30 days from receiving the notification, is obligated to take measures for the removal from work of the employee who has refused to make the declaration.

2.  When the making of the declaration is refused by the elected persons or those with immunity, the Inspector General notifies the Assembly, and, as the case may be, the superior organ of the person.

The Inspector General is obligated, in all cases of the refusal to declare over 30 days from the notification of the responsible body, to make public the cases of refusal of declaration.

Article 5/1

Declaration before beginning of duty

1. All entities that have the obligation to declare, according to this Law, must declare before beginning the duty:

a) All accumulated assets, financial liabilities and other interests set out in Article 4 of this Law, including the sources of their creation;

b) Engagements in private activities for profit or any kind of activity that generates revenue, which exist at the date of commencement of duty, including any kind of income created by these commitments or activities, from January 1 to the date of beginning of duty of the declaring year.

2. The declaration prior to the beginning of duty is submitted no later than 30 days from the date of beginning of duty.

Article 6

(Abrogated)

Article 7

Annual Periodic Declaration

1. In the periodic declaration are given only the changes that occurred in the assets, financial liabilities and private interests previously declared, according to Article 6 of this Law, those occurred during the year being declared, and any income received, and declarable expenditure made throughout the year for which the declaration is made.

2. The declarations prior to the beginning of duty, according to Article 6, and the declaration after leaving office, according to Article 8 of this Law, are specific cases of the periodic declaration.

3. All officials and other persons related, who have the obligation to declare, are obliged to present their declaration, sealed in an envelope, by March 31 of each year, to the authority or responsible structure of the public institution contemplated in letter “b” of point 2 of Article 41 of Law no. 9367, dated 07.04.2005 “On the prevention of conflict of interests in the exercise of public functions”, (as amended).

4. When the official transfers the rights of active ownership of shares or parts of the capital, according to paragraph 3 of Article 38 of Law no. 9367, dated 07.04.2005 “On the prevention of conflict of interests in the exercise of public functions”, (as amended), in the periodic declaration, as long as this situation continues, he/she only declares the situation of these rights before the transfer and the fruits of property that he/she has effectively received during the year for which the declaration is made.

5. For the purpose of the annual periodic declaration, according to the above points of this article, among the persons related to the official, have the obligation to declare only the husband / wife and adult children

Article 7/1

Declaration after leaving office

1. The declaration after leaving office is made only once for the period from the last declaration to the date of leaving office, except when the official starts to work in another task, which, according to this Law, continues to bear the obligation to declare.

2. In the declaration made after leaving office are given only the changes that occurred in the assets, financial liabilities and private interests for the period from the last declaration up to the date of leaving office.

3. The declaration is made no later than 15 days from the date of leaving office.

Article 8

(Abrogated)

Article 9

Declaration on Request

1. The Inspector General has the duty to request the declaration of assets and private interests and the sources of their creation, according to the requirements of this Law, as well as to order the inspection of the accuracy of these declarations even for individuals, or natural and legal persons, when, from the verifications made, it turns out that the latter are persons related to entities that have the obligation to declare periodically.

2. Is deemed as related person, pursuant to point 1 of this Article, even the trustee, within the meaning of article 3, point 6 and article 38 point 3 of Law no. 9367, dated 07.04.2005 “On the prevention of conflict of interests in the exercise of public functions “, (as amended), and the cohabitant in the meaning of Articles 163 and 164 of Law no. 9062, dated 08.05.2003 “The Family Code”.

3. The Inspector General, for the purpose of verifying the declaration of income, in accordance with the Law no. 8438, dated 28.12.1998 “On Income Tax”, (as amended), sends to the Minister of Finance and the General Director of Taxation an information for the list of individuals who have resulted as persons related with the declaring entities that have the obligation to declare, according to point 1 of this Article.

Article 9/1

Authorization of Audit

The declaration of assets and private interests is accompanied with a special authorization, by which the declaring entity authorizes the organs/entities specified in this Law to make verifications in all public and private subjects, within and outside the country, about the data provided in the declaration.

The omission to provide this authorization within 15 days from the end of the term for making the declaration constitutes legal cause for termination/interruption of work relations according to the respective legislation.

Article 10

(Abrogated)

(Ref. Article 50 of the Law no.9367, dated 07.04.2005)

CHAPTER II

ORGANS, COMPETENCIES AND STRUCTURE

Article 11

Inspector General

1. The organ responsible for the audit of declaration of assets is the Inspector General.

2. The Inspector General is elected by the majority of members of the National Assembly, for a five-year mandate, eligible for reappointment.

3. The Assembly not later than 3 months before the termination of the mandate, as foreseen in point 2 of this article, publishes the vacancy notification for the position of the Inspector General.

4. In case of termination of mandate, as foreseen by article 14 of this Law, the notification of the vacancy for the position of the Inspector General, is done with its initiative by the National Assembly, within 10 (ten) days from the vacancy.

5. Every citizen meeting the criteria foreseen by article 12 of this Law might submit his/her application to the Assembly for the position of the Inspector General. The application is accompanied with the respected documentation, proving the fulfillment of the legal requirements and the objective criteria.

6. The list of candidates is conferred to the Commission in change for legal issues of the Assembly in order to verify the fulfillment of the respected criteria and conditions. The commission assesses the applications in compliance with the regulation of the Assembly. After the verification that the criteria and conditions are met, the following procedure applies:

a) The commission selects, to present to the Assembly for voting, the three candidates that have the support of the majority of members of the commission, but not less than two-thirds of all its members. Each member of the commission can support up to four candidates;

b) When at least three candidates do not benefit from the support of the qualified majority, according to the letter “a”, the Commission identifies three candidates who received the support of the majority among the members of the commission after the implementation of letter “a”;

c) When during the implementation of letters “a” and “b” two or more candidates have the same support, their selection is done by drawing of lot.

Selected candidates, according to the above procedure, are conferred to the Assembly for voting.

7. The Inspector General makes the first declaration of assets within 30 days from his election and every year according to article 4 of this law to the Assembly of the Republic of Albania.

8. After the end of the term, with his consent, he is entitled to be appointed to the same or equivalent function or public duty that he held before his election. He does not benefit from this right if he is dismissed for serious violations of the law or for actions and behavior that seriously discredit the position and the reputation of the Inspector General.

Article 12

Conditions and criteria for election

1. Inspector General may be elected the Albanian citizen who at the time of candidacy fulfils these legal conditions:

a) To have completed higher education in law or economics in finance profile, Diploma of Second Level;

b) To have work seniority in the profession as a lawyer or an financier economist, not less than 15 years;

c) To have not been criminally convicted by a final court decision;

d) Not to be a member of a political party, deputy, minister, deputy minister, member in the structures of the State Police, the Armed Forces and the National Intelligence Service

2. The candidate who meets the legal requirements set forth in point 1 of this Article is elected as Inspector General on the basis of these objective criteria:

i) Work seniority in the profession;

ii) Specific professional experience in the field of criminal law / administrative or auditing activity;

iii) Progress in the performance of higher education;

iv)To have high moral integrity, including, among others, complete and documented transparency of all income and assets, payment of all tax obligations, as well as official information, taken from other public institutions, including even the confidential information.

Article 13

Incompatibilities

The function of Inspector General is incompatible with:

a) Every other public function;

b) Every other profit-making activity, except for teaching;

c) Membership in political parties and participation in their activities.

Article 14

End of the Mandate

1.  The mandate of the Inspector General ends when:

a) Sentenced by a final court decision for the commission of a crime;

b) Fails to appear at work for more than 3 months;

c) Resigns;

ç) Is declared incapable to act by a final court decision.

2. The Inspector General may be discharged by the Assembly only with motivated request of not less than one-third of the deputies:

a) For violation of the provisions of this law;

b) When he conducts activities that create a conflict of interests;

c) When discovered cases of incompatibility with his function

3. In this case the Assembly decides by a majority of all its members.

Article 15

Competencies of the Inspector General

The Inspector General has these competencies:

a) Directs the High Inspectorate of the Declaration and Audit of Assets and Conflict of Interests, to audit the declaration and the legitimacy of the sources of the assets declared by the subjects contemplated by this law throughout the territory of the Republic of Albania;

b) Notifies, case by case, the President, the Assembly, the High Council of Justice, the Council of Ministers, the Prime Minister, the ministers and the directors of central institutions about the irregularities found in the declaration of assets by employees under their jurisdiction.

Article 16

High Inspectorate of the Declaration and Audit of Assets and Conflict of Interests, Structure and Budget

1. The High Inspectorate of the Declaration and Audit of Assets and Conflict of Interests, hereinafter referred to as the “High Inspectorate”, is a public legal person that, under the responsibility of the Inspector General, administers the declaration of assets, financial liabilities and the audit of this declaration according to the specifications provided in this Law.

2.Abrogated

3. The Inspectors of the High Inspectorate enjoy the status of civil servant.

4. The High Inspectorate has its own independent budget, set by the Assembly which decides on the number and salaries of the employees of this Inspectorate.

Article 17

Competencies of the High Inspectorate

The High Inspectorate has these competencies.

a) Exercises direct audit upon the declarations in its designation;

b) Collects data, carries out administrative research and investigations about the declarations of persons who have the obligation to declare according to this Law, in conformity with the Code of Administrative Procedures. Data collection is done in accordance with Law no. 9887, dated 10.3.2008 “On protection of personal data” (as amended)

ç) Cooperates with the auditing organs and other structures responsible for the fight against corruption and economic crime;

Article 18 (Abrogated)

The Low Inspectorates

(Ref. Article 41, point 2 of the Law no.9367, dated 07.04.2005)

Article 19(Abrogated)

Competencies of the Low Inspectorate

Article 20 (Abrogated)

Composition of the Low Inspectorate

(Ref. Article 41, point 2 and article 42 point 3 of the Law no.9367, dated 07.04.2005)

CHAPTER III

ORGANIZATION OF THE DECLARATION AND AUDIT

Article 21

Declaration

The declaration of assets, their sources, financial liabilities is made according to the requirements specified in this Law and in the form determined by the Inspector General. The declaration includes the assets of the subject and his family (husband / wife, cohabitant and adult children), the sources of creation and financial liabilities of the entity. The declaration must also indicate whether the declaring entity has or has no other related persons.

Article 22

Declaration of Family Members

When the property of members of the family is divided and registered as such in the organs of the state or judicial administration, the declaration is submitted separately by each member of the family, with the property registered in his name, and joined to the declaration of the person who has the obligation to make the declaration. A family member and a person related to the official are liable for the authenticity and accuracy of the information/data declared.

Article 23 (Abrogated)

Submission of the Declaration and Time Periods

Article 24

Preliminary Processing

The High Inspectorate makes the preliminary processing of declarations, which includes the jurisdiction, the regularity in filling out the declaration and its annexes.

The Inspectorate, when from the preliminary processing identifies material mistakes or mistakes in filling out the declaration, notifies the subject that has submitted the declaration, who within 15 days from the date of receiving the notification is obligated to correct them.

The declarations of private interests, upon submission and registration, are passed on immediately to the physical scanning and are stored in the programmed electronic system of the HIDAACI.

Only after completion of the scanning procedures, the declarations of private interests are passed on to the preliminary processing, arithmetic and logical audits and then through the complete audit.

The Admission procedures, scanning and preliminary processing are approved by the Inspector General.

Article 25

Types of Audit

1. The arithmetic and logical audit is performed for each declaration, to verify the accuracy of the assessment of the declared assets, accuracy of the financial sources declared and the sufficiency of covering the assets with the sources declared.

This auditing process is carried out by the HIDAACI within the calendar year of submission of the declarations of private interests of officials and persons related to them.

2. Abrogated (ref article 17 and 18 of the Law no.9367, dated 07.04.2005)

3. The methodologies and manuals to exercise the auditing are approved by the Inspector General.

Article 25/1

Complete audit of the declaration of assets and private interests

1. The complete audit to verify the authenticity and accuracy of the data contained in the declaration of assets and private interests are carried out:

a) Every 2 years for the President of the Republic, Prime Minister, Deputy Prime Minister, Minister, Deputy Minister, Constitutional Court judge, judge of the High Court, the Chairman of the High State Control, the Prosecutor General, Ombudsman, members of the Central Election Committee, members of the High Council of Justice, members of the regulatory bodies or the protection of competition, the Governor of the Bank of Albania, Deputy Governor and members of its Supervisory Board;

b) Every 3 years for deputies, prefects, mayors, heads of communes and district councils (only for mayors or heads of communes with over 10,000 inhabitants), the civil servants of high-management level of public administration, officials of high management level of customs and tax administration, judges of appeal, prosecutors of appeal and the Prosecutor General;

c) Every 4 years for the heads of state institutions, central or local, and members of collegial bodies of these institutions not included in the above letters of this point.

ç) Every 4 years for all judges of the court of first instance and prosecutors of the judicial district of the first instance;

d) Every 7 years for other officials not included in the above letters.

2.Abrogated

3. Abrogated

4. The complete audit or re-audit of the declaration is carried out whenever deemed necessary by the Inspector General, when he has data from legitimate sources, questioning the authenticity and accuracy of the data contained in the declaration of an official, and when there is a discrepancy resulting from the arithmetic and logical audit, showing that the sources do not cover or do not justify the property rights of the declaring entity.

Article 25/2

Administrative Investigation

1. The Inspector General initiates an administrative investigation when, from the results of the verification of the declaration turns out that the sources do not cover, or justify the assets, or when for a declaration, whether it has gone through a complete audit or not, there are data from legitimate sources of hiding the interests and any other private data that is required to be declared, or false declarations.

2. The collection of data, the complete audit and administrative investigation are conducted in accordance with the Code of Administrative Procedure.

Article 26

Obligation for Data

The High Inspectorate, for the auditing and verification of the declaration data, has the right to use the necessary data of the entire state and public apparatus and public and private legal persons.

On the request of the Inspector General, the banks of second level and other subjects that exercise banking and financial activity in the Republic of Albania, are obligated to provide data about the deposits, accounts and transactions performed by the persons who have the obligation to make a declaration according to this law.

The above mentioned subjects are obligated to put all data requested at the disposition of the Inspector General within 15 days from the date of submission of his written request.

Article 27

Summoning of the subject for clarifications

The High Inspectorate, when during the audit it is discovered that the declarations are not exact or the sources declared are not identified and do not cover the assets declared, summons  the subject to give detailed explanations and the respective arguments, which are always submitted in writing within 15 days from the date of notification.

Article 28(Abrogated)

Assets Gained Unlawfully

Article 29

Calling Experts

The Inspector General has the right to call independent experts licensed in various fields to make a re-assessment of assets, or for issues considered reasonable by them.

Experts are required to maintain the confidentiality of the data they obtain during the expertise, in accordance with the legislation on personal data protection. The experts’ expenses are covered by the budget of the High Inspectorate.

Article 30

Documenting the Audit

For every declaration subject to audit by the High Inspectorate is filled out an audit form in the manner specified by the Inspector General, which is signed by the inspector who has performed the audit.

Article 31

Content of the Data

1. On the basis of the audit sheets, reports and data are drafted and submitted for approval to the Inspector General. The data should contain, in a summarized way, the identification  of the declarations that have gone under the audit, the facts and irregularities found, as well as proposals for disciplinary measures and fines for infractions, when the case maybe, the proposals for criminal prosecution.

2. The HIDAACI’s controller takes appropriate organizational and technical measures to protect personal data from unlawful, accidental destruction, accidental loss, to protect access or dissemination by unauthorized persons, especially when the data processing is done in the network, and from any other form of unlawful processing in accordance with the legislation on protection of personal data.

3. The HIDAACI’s employees, who become aware of the data of declaration of assets, due to the exercise of their functions, are obliged to maintain confidentiality and reliability even after the function. These data will not be disclosed except otherwise provided by the Law.

Article 32

Assets Obtained by Hiding Fiscal Obligations

When assets obtained are considered to be the consequence of hiding fiscal obligations, the Inspector General notifies the tax organs that are forced to inform, case by case, the High Inspectorate for the measures taken.

Article 33

Document Retention

All documentation related to the declaration and audit of assets is archived according to the rules and kept for a 10-year period. This obligation also includes the documentation of the declaration of assets belonging to previous periods and which is available on the date of the entry into force of this Law.

Article 34

Publication

1. The data collected by the declaration, according to this law, are available to the public only in accordance with Law no. 8503, dated 30.6.1999 “On the right to information on official documents” and Law no. 9887, dated 10.3.2008 “On protection of personal data”, (as amended).

2. The Inspector General, in accordance with point 1 of this Article, determines the procedures on how to proceed with the publication of the data on private interests that are declared to the High Inspectorate for the officials and persons related to them.

Article 35 (Abrogated)

(Ref. Article 42, point “d”, “dh” of the Law no.9367, dated 07.04.2005)

Article 36 (Abrogated)

Article 37 (Abrogated)

Article 38

False Declaration

Declarations and all accompanying documents are official documents.  Submitting false data in them constitutes a criminal act and is punished according to the legislation in force.

Article 39

Reporting

1. The Inspector General reports to the Assembly no later than May 31 of each year about the activity performed in the previous year, as well as whenever summoned by the Assembly.

The Inspector General may request the Assembly for a hearing on issues that he considered to be important

CHAPTER IV

ADMINISTRATIVE infractions

Article 40

Administrative infractions

1. Any violation of the obligations set forth in this Law, when it does not constitute a criminal offense, it constitutes an administrative infraction and it is punished by a fine, according to the limits specified below:

a) For failure to declare periodically or upon request, on time and without good cause, the official or the person related to him, who has the obligation to declare, shall be fined from 50,000 (fifty thousand) ALL up to 100,000 (one hundred thousand) ALL;

b) For failure to issue the authorization under Article 10 of this law, the official shall be fined from 30,000 (thirty thousand) up to 50,000 (fifty thousand) ALL;

c) When the responsible persons of public and private institutions fail to submit the data required by the High Inspectorate according to Article 26 of the Law, they are fined from 50,000 (fifty thousand) up to 100,000 (one hundred thousand) ALL.

ç) When the experts refuse to perform expertise or when they fail to appear, without good cause, to perform expertise under article 29 of this Law, they are fined from 100,000 (one hundred thousand) up to 200,000 (two hundred thousand) ALL;

d) For other violations of this Law, determined by order of the Inspector General and identified during the audit activity of the High Inspectorate, the Inspector General condemns the responsible persons with a fine from 50,000 (fifty thousand) up to 100,000 (one hundred thousand) ALL.

2. The Inspector General has the right to establish administrative measures for violation of the above mentioned cases.

3. The procedures for the implementation of administrative measures and the appeal against them are regulated by the Administrative Procedure Code and the provisions of Law no. 10 279, dated 20.5.2010 “On administrative infractions “.

4. The review of the administrative infractions identified during the conduct of inspections by the High Inspectorate is made no later than 6 months after the identification of infringement.

Article 41

Execution of fines

All revenues from fines and other revenues collected pursuant to the provisions of this Law shall  be assigned to the State Budget, not later than 30 (thirty) days from the date of notification of the fine.

When this deadline expires, the imposed decision becomes an executive title and is executed in an obligatory way by the employer where the offender is employed, or by the bailiff office, upon the request of the Inspector General.

CHAPTER V

FINAL PROVISIONS

Article 42

Law no.7903, dated 8 March 1995 “On the declaration of assets by elected persons and certain directors and employees of the public service” and any other provisions that come into conflict with this Law are repealed.

Article 42/1

The Inspector General continuous to hold his duty after the entering into force of this Law until the termination of the mandate foreseen at the time of his appointment

Transitory disposition

For the effect of declaration of the declarable expenditure, according to Article 1 point 7 of this Law, the declarable expenditure are those occurred with the entering into force of this Law

Entry into Force

This Law enters into force 15 days after its publication in the Official Journal

Approved by Decision no.34/2014, dated 22.05.2014 of the Assembly of Albania

Published in the Official Gazette no.74, dated 27 May 2015

© 2011 HIDAA, All Right Reserved
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