Activity of the Government on February 15–28, 2006

| e-journal #68 |

Reshuffles

Natalia Gherman was appointed as Moldovan Ambassador to Sweden, while Victor Postolachi (deputy reintegration minister) was nominated to the vacant posts of Moldovan Ambassador to Austria, Permanent Representative of Moldova to the OSCE and representative to the United Nations in Vienna.
Vladimir Botnari was relived from the post of first deputy interior minister and Valentin Zubic, head of the General Police Department of the Chisinau municipality, succeeded him.
Anatol Barbarosie was appointed deputy director general of the Customs Service.
Stefan Calancea was nominated deputy minister of agriculture in charge with coordination of land consolidation, while Mihai Machidon, director general of the Moldova-Tutun Department, was appointed senior state adviser for agriculture.

Decisions

Decision for the approval of the draft law on international legal assistance in criminal matters. The document proposes legal assistance mechanisms and forms of international cooperation in the area: transmission of information and data, communication of procedure acts, summoning of witnesses, experts and defendants, transfer of penal proceedings, extradition, transfer of convicts, recognition of judgments of foreign courts, and others.
Decision on approval of a draft law for the modification of the Penal Code. It proposes the reduction or change of sanctions for a number of offences such as theft, robbery, plunder, hurting, extortion, hooliganism, trafficking in influence, bribe giving, violation of domicile, determination to commit suicide, illegal trafficking in drugs. The document was drafted as a reaction to a message of the Moldovan president regarding the need to review the system of sanctions and punishments, but its implementation may challenge some unwanted effects, especially because thefts, hurting and hooliganism are main offences and they register a certain rise. The modification of the norms stipulating a jail term “of 2–5 years” through norms establishing detention terms of “up to five years” leaves the gravity of sanction to the discretion of court and abuses and corruption, and the use of a “not very severe” punishment is easily motivated.
Decision on approval of the draft law for the ratification of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, adopted in New York on December 18, 2002. The protocol allows U.N. experts to visit penitentiaries and to work out recommendations on better legal or practical guarantees against torture, with the purpose to protect inmates against inhuman or degrading punishment or treatment.
Decision on the approval of draft law on ratification of the Council of Europe’s Convention Against Trafficking in Human Beings, signed in Warsaw on May 16, 2005. The convention sets up better cooperation mechanisms between member states, stipulates the exchange of information, facilitation of prevention, combat and identification of trafficking in human beings, protection for victims of trafficking.
Decision on the adoption of the draft law for the modification of the Election Code. The draft law abrogates Paragraph (2) of Article 69 of the Election Code, which stipulates the right of the Central Election Commission (CEC) to apply sanctions under the shape of warning or fines for violation of the electoral legislation. This norm is not applicable, while CEC does not apply sanctions, preferring to appeal the court or to leave these competences to the discretion of competitors.
Decision on the modification of the regime of identity acts in the national passport system. Under the document approved by Government, local public administration authorities must inform the Ministry of Information Development about residents of the administrated territory within 24 hours after arrival, no matter if they are citizens of Moldova, foreigners or stateless persons, have temporary or permanent registration. The obligation to present the military certificate or military record card was eliminated from regulations on issuing of identity documents. The Defence Ministry did not back this amendment, while the arguments of other ministries that this norm violates the human rights and obstructs the normal documentation of population prevailed.

Sittings. Decisions. Statements

Sitting of the National Commission for European Integration

The sitting evaluated the activities related to the implementation of the Republic of Moldova — European Union Plan within one year and outlined the key directions of activity for the next period. Deputy Premier Andrei Stratan said that 2006 will be a decisive year for the process of implementation of the Action Plan, while the consolidation of democracy and the law based on the rule of law, insurance of economic reforms, start of a dialogue with the E.U. regarding the facilitation of visa regime remain key priorities of 2006. The foreign and European integration minister has highlighted the need to draft a programme for the implementation of the Action Plan, while the prime minister asked coordinating ministries to table sectoral programmes on fulfilment of provisions of the Action Plan, within 20 days.

Vasile Tarlev indicated the importance of some serious progresses in ensuring the efficiency, fairness and independence of justice; guaranteeing of human rights and freedoms; freedom of mass media and modernisation of audiovisual; public administration reform as priority tasks for the implementation of the Action Plan. The prime minister reiterated the importance of introducing a visa simplification mechanism for E.U. residents, in order to demonstrate the “opening of the Republic of Moldova.”

Checking of activities of functionaries

Premier Vasile Tarlev considers that many functionaries from the central administration are not disciplined and practice activities of other nature but required by their offices that the legislation does not allow. He asked the Centre for the Struggle Against Economic Crimes and Corruption (CCCEC) to identify all functionaries of the central administration who work in trade structures or earn from different international financial projects at once. CCCEC will have to issue a list of such functionaries, while the Government will decide what to do with them.

It should be noted in the context that the law on public service bans the functionary:

to hold two posts at once or to cumulate with another work in public authorities, to run two offices at once or to cumulate with another post through contract or agreement in foreign companies or mixed enterprises and organisations, any enterprises, institutions and organisations and public associations, whose activity is controlled, subordinated or rests with the competence of the authority that employed him, except for scientific, education, artistic activity and representation of the state in economic societies;
to hold entrepreneurial activity or to ease the entrepreneurial activity of individuals and businesses in exchange for rewards, services, facilities;
c) to hold undeclared accounts in banks in other countries;
to leave for abroad as part of delegations on account of individuals or businesses, except for service trips stipulated by international agreements signed by Moldova or in line with understandings between public authorities of Moldova and their counterparts from other states, etc.

The order of the prime minister does not establish modalities how CCCEC will fulfil this task, mode of checking of foreign organisations which remunerate public functionaries, nor it establishes a clear term when the information must be presented. On the other hand, we should remark that the Moldovan president said in a speech on April 8, 2005, when the acting Government was created, that the personnel of the executive power should be reduced much, but the volume of financing should remain unchanged, so that “to increase the salaries of functionaries up to the equivalent of 400–1500 dollars, to ensure an inflow of high quality specialists from private business and other competitive sectors, with many experts working in different projects of foreign missions to Moldova.”

Criticism against Interior Ministry

Vasile Tarlev addressed a sitting of the Interior Ministry College and admitted the contribution of the ministry to combat crime and to ensure the respect for law, but noted that there are many problems besides positive results that should be solved “shortly”. He indicated among such problems the combat of organised crime; better record of crimes, penal cases. The prime minister criticised the conduct of measures of reorganisation and optimisation of the structure, staff policy of the Interior Ministry and activity of some distinct subdivisions, mentioned the persistence of corruption, involvement of police in activity of businesses, treatments that harm human rights. The activity of the Interior Ministry against trafficking in human beings and illegal migration is not coordinated enough and it is inefficient.

Rise of gas tariff does not justify higher prices of all products and services

According to the minister of economy and trade, the heating, glass and cement are the main products that should become dearer because of higher natural gas tariffs. The electricity should not be more expensive, while the Government has started recalculating normative compensations for some categories of citizens who are provided increased social protection.

“Free services” for land consolidation

The prime minister has ordered the drafting of a package of documents capable to establish free services provided during the agricultural land consolidation process. Agreements with state notary’s offices have been established for this purpose and negotiations are being held with those deprived “to accept the providing of services” for sale, donation or inheritance of land.

Opening of the oil terminal is postponed

Vasile Tarlev said after a visit to the Giurgiulesti oil terminal that it will open in May, not in March, when it should open. A cargo and passenger port, a crude oil processing plant will be built and a network of 50 filling stations will open in Moldova at the second stage of the project, while investments are estimated at 250 million dollars overall. The Azerbaijani company has invested about 18 million dollars in this project until now and paid the old debts of Moldova towards foreign creditors. It should be noted that the Chisinau Municipal Council has recently failed to decide on leasing of 7 fields for filling stations of the Az Petrol Company. Municipal councillors were unsatisfied that the Government decided to locate the filling stations in Chisinau without consulting them beforehand and proposed that the filling stations be built in other localities that do not have them. They also invoked a too high number of filling stations (about 100) in the Chisinau municipality and warned that the intentions of the executive to facilitate the construction of more stations harm the local autonomy and present an ecological danger.

Modernisation of higher education

The prime minister told a meeting with students and professors from the State University Bogdan Petriceicu Hajdeu in the Cahul city that the executive intends to improve and modernise the higher education.

Vasile Tarlev considers that the didactic staffs should be “rejuvenated” because 99 percent of rectors of institutions of higher learning subordinated to the Academy of Sciences were over 74 years in 2005. The executive will propose a draft law allowing the reemployment of persons over 65 in leading posts of institutions of higher learning only on basis of individual contracts and in exceptional cases.

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