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Legal Commentaries

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Parliament Activity Review November 25-29, 2002
December 2, 2002

Legal acts adopted in the final reading

I. Law on Humanitarian Aid.

ADEPT comment: The law regulates the storage, distribution and recording of the humanitarian aid provided to the Republic of Moldova. The law defines the notions of humanitarian aid, donor and beneficiary of humanitarian aid, etc.

Under the law a central body shall be established to administer and coordinate humanitarian aid, which in its turn shall be subordinated to the Interdepartmental Commission on Humanitarian Aid.

The donors could be foreign states, religious, philanthropic and cultural organizations, Red Cross as well as foreign citizens. The following may receive humanitarian aid: distributors of the humanitarian aid, registered public associations and foundations, philanthropic organizations, Moldovan Red Cross, religious organizations registered in compliance with the Law on Cults, state funded organizations and institutions. A specialized Agency could also receive the humanitarian aid in cases when it is intended for the state or to no concrete beneficiaries.

The law also provides the beneficiaries of the humanitarian aid: single pensioners, disabled, orphan and abandoned children, families with more than three children, unemployed, incomplete families, disabled and ill persons, as various other legal entities (medical institutions, orphanages, asylums, blind or deaf associations, etc).

The following goods may be considered humanitarian aid: food, industrial products, medication and medical equipment, and other first aid goods. The law also stipulates which goods may not be brought into the country as humanitarian aid.

The law also regulates the receipt of humanitarian aid, its storage, distribution and recording as well as the liability for violating the law.

II. Law on ratification of the Protocol to NIS Agreement on state tax for economic litigation.

ADEPT comment: Under the Protocol, member states agree on a new quota ranging from 300 to 13,000 rubles for the economic litigation.

III. Resolution on overseeing the enforcement on the Law on Petitioning.

ADEPT comment: Under the resolution, the Parliament requests the Government to take measures and eliminate the flaws found out during the undertaken control. Also the Government is to develop and submit to Parliament a draft law aimed to improve the Law on Petitioning.

Noteworthy, the discussions avoided the recent amendments operated by the Parliament, providing that anonymous petitions should be examined as well. Previously several MPs contested the amendments as being anti-democratic.

Legal acts adopted in the first reading (not final)

I. Draft law on completing the legal acts in the field of forestry.

ADEPT comment: The said modifications are aimed to toughen the circulation and exports of wood products from the Republic of Moldova. In particular it is recommended to introduce sanctions in the Code of Offense for the export of wood products without documents certifying their origin.

Although several deputies pointed the poor quality of the law and loosely defined notions, the draft was adopted in the first reading and is to be perfected until the next reading.






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