The Activity of Parliament during March 31 - April 4, 2003
7 April 2003
Although the Parliament decisions on nuclear wastes initially spurred a huge scandal, they did not lead to huge protest rallies of the environmental NGOs. This weak resolution of the Transdnistrian conflict and official visit of the OSCE Chair in Office took the center stage again.
I. Resolution on adopting the Protocol on the mechanism of working out and adopting the Constitution of the Federative State
For the first time in the recent years, during April 4 session the Parliament heard a report on the negotiation process developments, presented by Minister of Reintegration. The latter was criticized for the lack of progress in the negotiations. In addition, for the first time the Parliament examined and adopted an act signed by the two parties in negotiations on the mechanism of working out the draft of the Constitution of the Republic of Moldova. Noteworthy, the Protocol approved by the Parliament stipulates the procedure of forming the Commission, which is to develop the Constitution, deadlines for elaboration and public debates, as well as adoption procedure via referendum.
However, a series of questions arise related to the established procedures. Those few articles of the protocol are not covering the entire range of problems, which would surface later on. One thing is for sure, as outlined the process of Constitution elaboration and adoption does not comply with the current legal framework. Not only Transdnistrian side points to the impossibility of settling the conflict within the framework of the current Constitution of the Republic of Moldova, but also Chisinau authorities seem to agree with it lately. Furthermore, guarantor countries and OSCE share the same opinion. All this might affect our country sovereignty.
Opposition tried to adjourn the adoption of the protocol on reintegration of the country within a single federal state and propose its own solution. Nevertheless, Parliament passed the Protocol and entrusted Judicial Commission to select appropriate candidates into the Commission, which is to draft the Constitution.
II. Law on the Ratification of the Convention between Republic of Moldova and Albania on eliminating double taxation and preventing fiscal evasion on income and capital tax
ADEPT comment: The Convention is intended to eliminate double taxation, prevent fiscal evasion, and abolish any type of fiscal discrimination. The Convention is based on the following principles: non-discrimination of the taxpayers; stable taxes; simplicity of tax payment; and fostering entrepreneurship. The Convention also provides for regular exchange of information between the countries.
III. Law on Ratification of the Protocol to the Convention on legal assistance in civil, family and penal matters among CIS states
ADEPT comment: The Protocol outlines cooperation mechanisms via relevant bodies: Ministry of Justice, Prosecution and Ministry of Foreign Affairs. Assistance shall be provided for: drawing and sending documents; conducting research and investigation, collection of evidence; conducting expertise, interrogation; extradition of persons and enforcing sentences.
IV. Resolution on enforcement of Convention on prohibition of developing, producing, storing and using chemical weapons
ADEPT comment: Ministry of Economy was designated to oversee the enforcement of Convention procedures. Also the Ministry shall represent Republic of Moldova in relations with international bodies working to prohibit chemical weapons.
V. Law on the modification and completion of the Code on Administrative Offence
ADEPT comment: The new provisions outline sanctions for violating the rules of using the cash-registers, namely:
- using unregistered cash-registers;
- breaking on purpose cash-registers' fiscal memory;
- making transactions without cash-registers;
- failure to issue cash voucher to the customers, etc.
VI. Law on completing the Law on Police
ADEPT comment: Under the law, police is entitled to make use of metrology devices to determine the speed (the so-called "police radar"). So far, the devices have been used without any legal grounds and any person sanctioned based on the data of the radar was entitled to request the cancellation of the sanction, although his/her offence was evident.