Parliament Activity Review July 1-5, 2002
July 5, 2002
The period covered by this report was relatively calm, and this because Council of Europe resolution has taken the central stage again. The governing is taking measures to meet in due time the requirements set forth in the resolution, whereas opposition is monitoring them.
Some of the legal acts passed are of great interest and we shall closely examine them.
Legal acts adopted in the final reading
I). Law on revising state budget for year 2002.
ADEPT comment: The law decreased the budgetary deficit by Lei 40 million. Further, financial resources have been redistributed from one category to another, which greatly dissatisfied many deputies, including those from the majority faction. The debates held in Parliament highlighted how several deputies lobby for the increase of funds allocated to sectors, which they coordinate.
The law also operates amendments with regard to:
- Proper taxation of cane raw sugar. Noteworthy, domestic producers protested against the government economic policy, which facilitates the import of cane raw sugar, while the export of the Moldovan sugar has considerably decreased.
- Deadline for paying VAT tax, excises, and customs fee for imported goods.
- Quota of transfers from the state budget to local budgets for salary raise to the workers in the social sphere.
- New budget category for the Constitutional Court so far provided under the judiciary category.
- Loan worth Lei 100 million to be granted by the National Bank of Moldova to the Government, for covering the budget deficit and servicing external debts. Noteworthy, last year the Government received a Lei 30 million loan under a similar law, though there has been no sign of its reimbursement.
II). Law on mobilization and its preparation.
ADEPT comment: The law suffered no changes as compared to the first reading, except for some minor changes. The bill is meant to bring the law in accordance with the economic and financial potential of the state.
III). Law on the modification of legal acts on education.
ADEPT comment: As initially intended, the law includes several key elements:
- Changing the name of the ministry into the Ministry of Education.
- Dissolution of the Evaluation and Accreditation Commission and entrusting those responsibilities to bodies due to be established within the Ministry of Education.
- Reorganizing the Ministry and defining new job roles.
IV). Law on the modification of the Law on the Production and Sale of Ethyl Alcohol.
ADEPT comment: Under the law licensees for en detail sale of alcohol products issued before the enforcement of the Law on licenses shall be valid until the expiration of their term.
V). Law on Ratification of the CIS Convention on forced transfer of patients with mental disorders.
ADEPT comment: The relevant Convention was signed in Moscow in 1997 and provides for the procedure of transferring in custody persons acting irresponsible, who committed serious offences, provided a final sentences has been issued.
The convict shall be transferred into the custody, at the request of the country member to the Convention upon mutual agreement of the parties.
VI). Law on approving the cancellation of financial penalties and sanctions of the taxpayers who paid the arrears to the state budget.
ADEPT comment: The law is aimed to encourage honest taxpayers by canceling their penalties and fees, provided they paid the arrears to the state budget. More than 40,000 enterprises, which managed to pay the said arrears until December 1, 2001, will benefit of this law.
VII). Law on modification and completion of legal acts related to advertising.
ADEPT comment: The law provides for the penal and administrative liability for breaching legal acts regulating advertising.
VIII). Law on modification and completion of legal acts regulating the enforcement of court rulings.
ADEPT comment: The law toughens the penal liability for intentional failure to enforce the court rulings.
IX). Resolution on the evaluation of the enforcement of the Law on Carabineer.
ADEPT comment: The Resolutions highlights that local government failed to take due measures to ensure the enforcement of the said law. In this respect the Ministry of Interior has been entrusted to take measures so as to eliminate the flaws identified.
Further, it was established that the Government should ensure adequate accommodation of the military and oversee the correct spending of funds allotted for the board of military.
X). Resolution on the evaluation of the enforcement of the Law on Petroleum Products.
ADEPT comment: The report on this issue raised a lot of debates in Parliament. It was even suggested to set deadlines for the Government to put an end to smuggling, or to resign.
The resolution points to the flaws and unsatisfactory activity of the Government and local public administration in enforcing the said law. The Government was entrusted to develop and enforce legal acts providing for the automated tracking of the petroleum and its sale.
Further, the Government will have to take measures in view of environment safety. Until January 1, 2002 the Government shall report on the enforcement of the resolution.
Acts adopted in the first reading (not final)
I). Draft law on the modification of legal acts on bankruptcy.
ADEPT comment: The draft is aimed to eliminate the deficiencies in enforcing the Law on Bankruptcy. Specifically, it provides for licensing the managers working in the bankrupt companies.
II). Law on Scientific and Technological Data.
ADEPT comment: The draft determines the state policy with regard to scientific and technological data, and methodology on using such data. The draft includes provisions on:
- Notions: - author of data; database; beneficiary of information; info fund; information institutes; information product; information services, etc.
- Relations between the parties: authors, copyright holder, beneficiaries, producers, intermediaries, etc.
- Priorities of the state policy in the filed.
- Monitoring activity.
- Rights and obligations. .
- Single national information space.
- Information market, etc.
III). Law on the modification of the Parliament Regulation.
ADEPT comment: The law is meant to bring in accordance the Regulation with the modifications operated to the legislation, and the experience acquired by the Parliament.
Previously, the draft stirred fervent debates in Parliament, so that it was excluded from the agenda as opposition blamed the authors for obstructing them. Until the next hearing the draft is to be worked upon, while politically sensible issues shall be excluded beforehand.