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Legal Commentaries

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Parliament activity, June 7-11, 2004
17 June 2004

During the aforesaid period deputies worked mainly in commissions and factions, therefore the plenary session struck a time record, while the issues on agenda were harshly debated.

I. Law on the Amendment of Article 49 of the Fiscal Code

ADEPT Comment: The law was an initiative of the President and was presented as major step in supporting the small-too-middling business. The law provides that certain businesses would be entitled to total exemption from the income tax for a three-year period, namely:

  • Whose annual number of employees does not exceed 19 persons, whereas the turnover does not exceed 3 million Lei, regardless of the legal form or type of activity;
  • Farms established in line with the Law on Farming Associations;
  • Agricultural cooperatives providing services in line with the Law on Entrepreneurial Cooperatives, provided that at least 75% of the production/ services are provided to their own members and/or benefits are procured from the members in an amount of at least 75% of the production purchased by the cooperative.

Leading businesses on the market, where the quota of shareholders who are not representing the small business exceeds 35%; manufacturers and importers of goods subject to excises; fiduciary companies and insurance companies; investment funds; and banks shall not be entitled to the aforesaid exemptions.

A business would be entitled to the exemption once it concludes a special agreement with the State Fiscal Inspectorate. The law also outlines the case when the exemption may cease, in particular:

  • On the date the application is filled it did not meet the requirements;
  • During the time exemption is in force, the business is joined by one or more entitles, which are not subject to this law;
  • The business joins one or more of the entities, which are not subject to the law, etc.

II. Law on the Ratification of International Acts in the Telecommunications

ADEPT Comment: The Parliament ratified the following documents:

  1. Instrument for the modification of the Convention of the International Telecommunication Union.
  2. Instrument for the modification of the Statute of the International Telecommunication Union.

The aforesaid documents were adopted by the Union back in 2002. Modifications refer to the election and activity of Union governing bodies, access to the plenipotentiary conferences, etc. They also refer to the responsibilities, obligations and methodology of the Council, General Secretariat and Committee for Regulations in Radio-communications within the Union. Finally, modifications referred to the membership quota to be paid by each member country.

III. Law on the Ratification of the Resolutions of the Council of CIS Chief of States

ADEPT Comment: The law ratified the resolution passed in 2003 thereby amendments to the CIS statute were operated. In particular those modifications referred to alphabetical rotation of the chairmanship (Council of the Chief of States, Chief of governments and Foreign Ministers).

Noteworthy, the amendment was necessary as several years in a row Russia hold the chairmanship, fact that raised some criticism among member states.

IV. Draft law on the subsidized insurance of the risks of agricultural production

ADEPT Comment: The draft passed in the first reading is aimed at ensuring stable production in agriculture by means of subsidized insurance of the risks of production in agriculture. It regulates the relationships between insurance companies and legal or natural entities, i.e. agricultural producers and fisheries in the process of insuring risks of production, insurance interests being subsidized by the state.

V. Draft law on completing the Law on Privatization

ADEPT Comment: The draft passed in the first reading introduces a new provision thereby the state would not guarantee the right on property on the entities located on the territories controlled by the separatist regime from the left of Dniester, if they are privatized without prior agreement of the Government.

The need to amend the law stems from the fact that secessionist authorities in Tiraspol launched a wide-scale privatization of the industry (over 75 enterprises). While the draft was debated both opposition and majority faction engaged in fierce debates on whether the amendment is appropriate or not.

VI. Draft law on the modification of the laws on issuing IDs to minors upon exiting the country

ADEPT Comment: President of the country submitted the draft in view of combating the trafficking of children. It recommends certain measures:

  1. Minors shall be allowed to leave the country only accompanied by the designated person in the presence of the notary (so as to keep a record of the persons accompanying children).
  2. Minor should consent in full knowledge to going abroad.
  3. Minors shall obligatorily hold IDs (foreign passports) that would allow them to exit the country.

This last requirement gathered a rich harvest of criticism from deputies on the grounds it incurs additional costs to the families.

VII. Draft law on single agriculture tax

ADEPT Comment: The draft provides for testing a single agriculture tax in certain localities of the country. The experiment will serve basis for deciding whether the mechanism is efficient and whether the tax should be applied throughout the country.

Single agriculture tax is to include income tax for entrepreneurship, VAT except for VAT on imports, real estate tax, taxes to the road fund, tax on water and on territory planning. The other taxes and fees shall be paid as provided by the law.

Single tax quotas are to be established on a yearly basis, as follows:

  1. 2.1 Lei - for a l hectare of plots subject to cadastre indicators;
  2. l.50 Lei - for 1 hectare of plots not subject to cadastre indicators.






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