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Legal Commentaries

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Parliament Activity Review 3-14 December
December 19, 2001

I. Laws examined and adopted

1. Law on 2002 state budget

ADEPT Comment: The passing of this law has been of such a great interest because it was severely amended. Moreover, there's no chance for it to be fully realized given the enormous deficit caused by the lack of foreign financial and lack of resources obtained after the privatization of state property. Obviously Government is going to propose rectifying the current budget, reducing to minimum those chapters expenses whereever it's possible. The adopting of budget was accompanied by some surprises: President didn't sign the law and got it back to Parliament - an unthinkable situation till recently. But the politics has triumphed over economic calculations in this case, too. President proposed giving Territorial-Administrative Unity of Gagauzia broader opportunities of resolving economic and financial issues. Parliament accepted the President's proposals, deciding that in 2002 the excises for the goods and products made in this autonomy should be established within its own budget. Of course, the representatives of the autonomy wish much more, invoking in this respect the Law on the special status of Gagauzia, but neither President, nor Government, nor Parliament, cannot fully satisfy the autonomy's requests, especially when those infringe upon the state's financial and economic sovereignty.

2. Law on unemployment fund

ADEPT Comment: In comparison to original contents of the draft law the deputies inserted new modifications in the final version of the law. The most important of them refer to the following:

  1. prohibiting contributions and services of social security in foreign currency;
  2. developing a special regulation for the Direction that is to be administering the unemployment fund;
  3. the law comes into force simultaneously with the law on the social security budget for the respective years, etc.

3. Law on modification and completion of the Law on administrative-territorial organization of the Republic of Moldova

ADEPT Comment: According to the current provisions of the articles 18 and 19 of the Law on the administrative-territorial organization of the Republic of Moldova the amending of administrative-territorial organization is carried out on the "Government's proposal". This syntagma has been excluded from the law and thus the result is that from now on such proposals of modifying the respective law might be made by all subjects having the right to legislative initiative: President, Government and deputies in Parliament.

4. Law on modification and completion of Law on administrative office for disputed claims.

ADEPT Comment: The essence of the modifications refers to the following:

  1. broadening the number of acts excluded from being liable to legal contest in court of the administrative office for disputed claims; the following are excluded:
    • individual administrative acts issued by Parliament, Government and President regarding appointments, elections and dismissal of public officials;
    • normative acts issued by the above-mentioned institutions as well as international treaties being checked as to their constitutionality;
    • administrative acts issued to execute the courts' irrevocable decisions.
  2. broadening the number of subjects having the right to appeal to the court of administrative office for disputed claims. The respective right shall be given to the following:
    • prosecutor who, according to article 5 of the Code of civil procedure, has the right to contest the acts issued by public authorities;
    • other individuals, according to legislation;
  3. giving the right to declare appeal of repealing just to the Prosecutor General and his/her deputies.
  4. determining the opportunities of making the leaders of public authorities responsible for not executing the courts' decisions related to administrative office for disputed claims.

5. Law on modification of Penal Code and Code of penal procedure.

ADEPT Comment: This law establishes who is not liable to adjourn of penalty if pleaded guilty by court. Code of penal procedure provides the way of delaying the execution of penalty for condemned women who are pregnant or have children up to eight years.

6. Law on modification and completion of some legislative acts on migration

ADEPT Comment: This laws established and given additional competencies to Service of migration, established the responsibilities of public administrative authorities, of juridical bodies, education institutions and other organizations, to inform the State Service of Migration and Ministry of Interior about comings-in and comings-off the country, issuing of visas, changes in marital status of the immigrant etc. At the same time, there was established the data that is to be mentioned in certificate of immigrant as well as in work permission.

Foreign citizens and stateless individuals arrived in Moldova for a period of up to 90 days shall register with territorial offices dealing with immigration services, and those arrived for a period longer than 90 days, shall be obliged to get at first a certificate of immigrant or confirmation of repatriation.

7. Title V on fiscal administration of the Fiscal Code has been reexamined and adopted

ADEPT Comment: This law has been passed within summer session of Parliament, and President didn't promulgate it, considering that it had both technical-legislative and structural flaws as it follows:

  1. financial and fiscal control bodies have groundlessly been given some rights provided for by the procedural penal legislation;
  2. stimulating measures should be the priority and not the punitive ones;
  3. prohibiting any forms of imposing technical and material services on economic agents for the personnel of inspection authorities;
  4. the fiscal Code's provisions on applying physical force, special means and guns by the employees of financial guard shall be excluded.
Parliament agreed with the majority of President's proposals and introduced the respective modifications in Title V of the fiscal Code that is to be promulgated unconditionally by President during two weeks.

8. Law on control and prevention of abusive consumption of alcohol and narcotic substances.

ADEPT Comment: This law determines the state politics in domain of alcohol consumption as well as in domains of fighting consequences of abusive alcohol consumption, of improving the health alcohol-addicted individuals, of educating people according to the values of abstinence, etc. The law establishes the following: basic notions, objectives, goals and activities of public administration authorities, conditions related to curing drugs and alcohol addicted patients, organization of the respective medical assistance, the way the drugs and alcohol addicted individuals shall be obliged to undergo special medical treatment, etc.

9. Laws on ratification of some international acts:

  1. European Convention on legal status of children born out of marriage;
  2. European Convention in domain of information on foreign law and additional Protocol to Convention;
  3. Agreement on modification of Agreement on Credit for development (Credit for structural adjustments SAC-II), etc.

10. There has been approved the parliamentary delegation of the Republic of Moldova to Parliamentary Group for Pact of Stability in South and East Europe.

II. Legal acts examined and adopted in the first reading

1. Draft law on social benefits budget

ADEPT Comment: As a matter of fact the law has been adopted in the second reading, but the parliamentary majority agreed to get back on some article on financing sports schools during the third reading.

2. Draft of the new penal Code, first 130 articles.

ADEPT Comment: The new penal Code contains new provisions. The most important of them are the following:

  1. penal responsibility of legal entities;
  2. new categories of penalties that don't imply imprisonment;
  3. the repeating of administrative infringements shall not be liable to being qualified legal offence, etc.

3. Draft law on modification and completion of some legislative acts in order to execute the provisions of the Law on peasants' households (farms)

ADEPT Comment: This law is after the following:

  1. establishing sanctions in the Code on administrative offences for: infringement of the way of submitting the documents for being enlisted in the registry of farms.
  2. establishing a provision on way of regulating the assets of farms' members in the Law on property;
  3. establishing a provision on way of simplified book keeping for farmers in the Law on bookkeeping, etc.

4. Draft law on legal acts of Parliament

ADEPT Comment: The respective draft is to regulate the way of developing, giving expertise on and submitting legislative acts to be examined. If the respective draft is adopted and its norms shall be strictly taken into consideration, it shall represent one of the most important barriers against illegal lobby.






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