In this law, following terms shall have these meanings:
1“Day” implies calendar days, which are calculated according to the rules provided in Article 56 of the Code of Administrative Procedure;
2“Legal document” means any document prepared by the assessee in the course of the exercise of the professional duty, specifically a decision, report, indictment, legal opinions, and other acts that prove the person’s professional capacities.
3“HIDAACI” means the High Inspectorate for the Declaration and Audit of Assets and Conflict of Interest, organized and functioning according to Law “On declaration and audit of assets, financial obligations of elected persons and certain public officials”.
4“re-evaluation Institutions” shall imply the Commissions, the Appeal Chamber and Public Commissioners;
5“Commission” means the Independent Qualification Commission provided in Art.179/b, paragraph 5, of the Constitution.
6“Inappropriate contact” means a meeting, electronic communication, or any other type of wilful contact, which is not in compliance with the assumption of office by the assessee, regardless whether a business as defined in paragraph 9 of this Article or any other relation is established for the assessee.
7“Appeal Chamber” means the Specialized Appeal Chamber of the Constitutional Court provided in Art.179/b paragraph 5 of the Constitution
8 “Organized crime, traffic and corruption” includes criminal offences provided in Article 75/a of the Criminal Procedure Code which fall under the competences of the serious crime court and any other court which may substitute it in the exercise of these competences.
9“Business relations” shall be any professional or commercial relationship, bearing a connection to the activities carried out by the entities of this law and their clients, which, at the moment of its establishment, is considered to be a sustainable relation or not a sustainable relation under the Law no “On prevention of money laundering and financing of terrorism”;
10“Proficiency assessment body” means the Inspectorate of the High Council of Justice functioning according to Law no. 8811, dated 17/05/2001 “On organization and function of High Council of Justice”, as amended, the relevant structure of the General Prosecution Office or the institutions that perform the professional evaluation according to the law;
11“Asset” means all movable and immovable properties in the Republic of Albania or abroad, under the provisions of Article 4 of the Law no 9049 dated 10/04/2013 “On the declaration and audit of assets, financial obligations of elected persons and certain public officials”, as amended, being in the ownership, possession or use of the assessee;
12 “Re-evaluation period” means the period of the employment of an assessee during which their ethical and professional performance is assessed according to this law;
13“Related Persons” shall mean the circle of persons related to the assessee, commissioner, public commissioner or judge, consisting of the spouse, cohabitant, adult children, as well as any other person mentioned in the family certificate as provided by the office for civil registry to assessee, commissioners, public commissioners or judges for the period of re-evaluation.
14“Other related persons” shall mean any natural or legal person who turns out to have or to have had ties of interest with the assessee, commissioner, public commissioner or judge, resulting from any property/asset interest or any business relation.
15 “Person involved in organized crime” shall mean any person that has been convicted or criminally prosecuted, within or outside the territory of the Republic of Albania, on one of the criminal offences provided in paragraph 1 of Article 3 of the Law no. 10192, dated 3.12.2009 “On preventing and striking at organized crime, trafficking and corruption through preventive measures against assets”, as amended, expect the case when he/she was declared not guilty by a final court decision. The person shall be considered to be involved in organized crime, even if:
aCriminal proceedings instituted against him have been dismissed by the prosecuting organ because of the death, or in cases when it was impossible to have him/her in the position of the defendant and he cannot be convicted;
bHe/she have been found not guilty by the court because the criminal offence was committed by a person who cannot be charged and convicted;
16“Assessees” means all persons re-evaluated as mentioned in Art.179/b of the Constitution.
17The wording “has not held a political post in the public administration” shall mean he or she has not have been member of the Assembly, prime minister, deputy prime minister, minister, deputy minister or official employee in the cabinet of the President of the Republic, Speaker of the Assembly, Prime Minister, Deputy Prime Minister, or minister assuming the office of the cabinet director, advisor, assistant, spokesperson or personal secretary to the head of the cabinet.
18The wording “has not held a leadership position in a political party” means that he or she has not been member of steering organs according to the provisions of the statute of the political party.
19“Legitimate income” shall be considered the incomes of the assessee and his or her related persons, according to the definitions of the source of income provided in law “On tax income”;
20“Trust” is a fiduciary agreement where the property is held by the trustee for the account of the beneficiary, according to the Law ‘On prevention of money laundering and financing the terrorism’ as well as according to the international legislation;
21“International observers” means persons assigned by the International Monitoring Operation and notified in accordance with Article B of the Annex of the Constitution.