Individualizarea răspunderii în declararea averii și intereselor personale: ambiguități legislative și riscuri sistemice [Articol]

Abstract

This article analyzes the legal framework governing declaration of wealth and personal interests (DWPI) in the Republic of Moldova, highlighting ambiguities and risks related to the individualization of liability. Although the declaration is considered a personal and irrevocable act, public agents often face sanctions for incomplete or inaccurate information provided by spouses or partners. The paper examines the extension of control to indirect subjects such as family members and other associated persons, as stipulated in recent regulatory methodologies. The main concern addressed is the lack of legal mechanisms ensuring individual responsibility when errors arise from third-party omissions. The methodology is based on legal analysis and interpretation of current national legislation. The article also explores the disproportionate consequences faced by public agents and suggests a digital interconnection system with tax databases as a practical solution. The paper argues for a nuanced approach that differentiates between intentional concealment and technical or third-party omissions, advocating for better protection of individual integrity within the declaration of wealth and personal interests (DWPI) regime.