Parliament Activity Review 22-26 April, 2002
April 29, 2002
Last week public attention was focussed on Strasbourg, where Council of Europe Parliamentary Assembly debated on the report "Functioning of Democratic Institutions in the Republic of Moldova", presented by the rapporteurs on our country after their recent visit to our country. The Resolution was much debated both within the special commission as well as during plenary session.
It is worth mentioning that the representatives of the parliament majority raised the issues of bringing our country's legislation in accordance with the international standards. Thus, the Council of Europe was briefed on the lack of inconsistency between domestic legislation and international norms and that it is not the Communists' 1 year activity to be blamed but rather parliamentary activity since 1991 to nowadays. To cite only the few, Law on Political Parties, Law on the Public Reunions, Law on Deputy Status, Law on Cults, Law on Audiovisual, Regulation on Parliament Activity, and Electoral Code weren't adopted by Communists. All political parties in power from 1991 to 2001 adopted them. Once in power they tried to consolidate their positions, but now the results of their legislative activity have turned as a boomerang against them.
That is why the leader of the Communist faction was right when saying that it wasn't his faction which passed such laws. On the contrary they are ready to modify the laws so as to meet the democratic standards, a proof to their intentions is the adoption of the Code of Civil Procedure and Penal Code, on whose adoption Council of Europe insisted so much.
During this time period only one plenary session of the Parliament was held, thought a series of important legislative acts had been adopted.
Legislative acts adopted in the final reading
I. Law on Production Cooperatives
ADEPT comment: During the second reading of the draft law, the Parliament Commissions read the numerous amendments to the draft, which were adopted by the deputies. It is worth mentioning the following aspects:
- The Law on Cooperative Activity will be abrogated, as all the types of cooperative activity: consumption, entrepreneurial, production are regulated via separate organic laws.
- Joint consumption and production cooperatives will be obliged to cease their activity or re-register. Upon the latter, they wouldn't have to pay an additional taxe, as the re-registration will be free of charge.
Note: For further information see the Legislative Commentary, March 25-29, 2002.
II. Law on modification and completion of the Real Estate Code
ADEPT comment: After the adoption of the draft in the first reading, it was submitted for the expertise of the World Bank. Then the Bank's recommendations have been incorporated in the draft. And this because the modification and completion of the Real Estate Code was one of the conditions set forth by the World Bank for resuming financial aid to the Republic of Moldova.
Note: For further details please see Legislative Commentary, March 25-29, 2002.
III. Law on the Modification of the Customs Code
ADEPT comment: The law provides that duty-free shops could operate exclusively in the international airports and on board of airplanes. The goods will be sold in foreign currency only to the passengers who passed the customs control.
IV. Law on the ratification of the loan contract between KFW Germany, and S.A. "Sudzuker-Moldova"
ADEPT comment: The law ratifies a loan contract worth 10 million DM for establishing a network of technical service infrastructure. Such units will be established in 5 localities, i.e. Drochia, Alexandreni, Donduseni, Falesti, Glodeni Sugar Factories. The loan is offered for a 40 years period, with a 10-year grace period and an interest rate of 0,75% per year. S.A."Sudzuker-Moldova" will have to pay back the credit to the Ministry of Finance within 10 years, with a 3-year grace period.
V. Law on the ratification of the protocols to the Convention of 1979 on the cross-border atmosphere pollution on long distances
ADEPT comment: The law ratifies the Protocol on persistent organic polluters and the Protocol on the heavy metals. Ministry on Environment, Constructions and Territory Development was entrusted to observe the enforcement of the said protocols.
Legal acts adopted in the first (not-final) reading
I. Draft law on canceling the penalties to the companies that paid the arrears to the social security budget
ADEPT comment: The relevant law cancels the penalties calculated in compliance with Article 24 of the Law on State Budget to more than 100 companies. The total amount of penalties exceeds 8 million Lei, whereas the amount paid by the relevant companies to the state budget reaches 39 million Lei.
II. Draft law on the modification of the Law on the Normative Price of Land and Sale-Purchase Procedure
ADEPT comment: Under the law, funds from the sale of estates in the property of administrative-territorial units will remain in the respective unit.
In addition, it is recommended to establish only the minimum ceiling for the annual lease fee for the land in public property - 2% of the normative price on land. It is suggested that the lease quota be established by local public administration according to the market value and tendencies. If the latter provision were adopted, abuses and violations would not be excluded: different quota may be established to different entrepreneurs for similar estates and of a similar quality.
III. Parliament adopted in the first reading a series of draft laws envisaging the modification of legal acts regulating pharmaceutical activity and medicines
ADEPT comment: The draft includes provisions on:
- Notions employed: authorization, expertise, confirmation, and registration of medicines;
- Procedure of authorizing pharmaceutical products;
- Medicines' quality control;
- Medicine marking and accompanying instructions.