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Activity of the Parliament on June 10–23, 2002

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June 10–14, 2002

During the time period covered by this commentary, the opposition parties boycotted the vote on several important pieces of legislation. At the same time they were extremely active during the session reserved for Q&A. During the latter they made several accusations to the governing party, which were later on circulated in the newspapers controlled by them. Noteworthy, to the usual accusations of illicit business, opposition added some criticism related to economy and foreign trade. And all these on the eve of a very important event for the governing party — namely the scientific conference “Communist Party — a year of governing”. This way opposition showed that it closely monitors the governing party and once again highlighted the problems society is facing. It remains to be seen what would be the reaction of the Communist party, especially of the President.

The Conference was organized on June 15, immediately after the changes in the presidential administration. The establishment of a new position, i.e. councilor on domestic affairs has been largely debated in mass media. Some experts claim the changes are due to the fact that a clan of the governing party secured a greater influence on the party leader. Given the idea launched by “Communist” newspaper to amend the party program, one may expect tumultuous developments.

As for the legislative activity, the majority faction passed and amended a series of draft laws and also finalized several acts necessary for the enforcement of the previously passed laws.

Acts adopted in the final reading

Law on the enforcement of the Civil Code

The new Code was promulgated by the President on June 11, 2002 and was to be published in the Official Monitor. Though, the Code could not be published or enter in force without a special law on its enforcement. The law adopted by the Parliaments provides that the Civil Code shall be enforced on January 1, 2003. Until then recommendations are to be submitted on adjusting other laws to the Civil Code provisions. Further, commencing January 1, 2003 legislative acts shall be applied provided they are in line with the Code provisions.

When the Civil Code is published, we shall come up with a more comprehensive analysis of its provision, including a comparative analysis with the current Code.

Law on modification and completion of the Law on Constitutional Court

The law sets the procedures for the enforcement of the Constitutional Court rulings. Specifically it provides that Constitutional Court rulings are official acts for binding execution of all subjects of law.

Further under the law, within three months of the day the Constitutional Court ruling is published, the Government shall submit to Parliament the draft law on the modification, completion or abrogation of the unconstitutional law. The Parliament shall examine those drafts on a priority basis.

New provisions have been added obliging the Government and President of the country to abrogate the unconstitutional acts, and if necessary to draft new ones.

The law also establishes that the laws passed in view of enforcing unconstitutional acts shall be considered null as well. Unfortunately, the law does not specify how should the consequences of the unconstitutional laws be eliminated. Thus the problem remains still unresolved.

The draft law was developed by the Constitutional Court. This explains the provisions on binding execution of the Court rulings, as well as specific liability for the failure, improper, or obstruction to enforcement of the Constitutional Court rulings. The provision has still to be worked on, as the law does not provide sanctions for the failure to enforce Constitutional Court rulings.

Law on the modification and completion of the Law on Education

The law entitles Ministry of Education to establish and administer an extra-budgetary fund for education support. The fund shall be formed from payments to be made by professional schools — 0.5% from the funds accrued from the professional activity of the students; as well as by universities and institutes (regardless of the form of property) — 0.5% from the funds accrued from contracts.

Under the law, the Government shall decide on how the extra-budget fund shall be formed and administered, whereas its amount shall be set in the Law on State Budget.

Certainly private institutions will protest against such a law, as under the law the Ministry of Education would tax them.

It is worth mentioning that under one of the provisions, the branches of the foreign institutions should operate based on license and within the state institutions.

Law on the modification and completion of the Law on Telecommunication

The law deals with the most controversial aspect of telecommunication — IP telephony. Initially it was suggested to liberalize this market, though in its final decision the Parliament refused to deprive Moldtelecom from its monopoly on the service, on the grounds that 51% of the company shares are put on the market this year.

The Parliament decision is interesting from another perspective. The liberalization of the IP market was set forth by the foreign donors as one of the conditions for resuming the aid to Moldova. And so far, the Parliament reacted promptly and adopted such kinds of laws required by the financial aid organizations.

Law on modification and completion of the Law on Fighting Terrorism

Under the law, investigation bodies are entitled to ask financial institutions to block the bank accounts of the persons involved in terrorism actions or facilitating such actions.

Resolution on the results of the control over the enforcement of the Law on Tobacco and Tobacco products

According to the Resolution, the Government activity in this field is deemed as dissatisfactory. The Government shall: adopt a strategy aimed to boost tobacco industry in years 2003–2010; based on the recommendations of businessmen active in the field develop proposals on perfecting the legal framework; support and stimulate tobacco production; and develop and enforce a single information system able to rapidly analyze the date on tobacco production, import, export and sale. Further, the relevant Ministry and entitled legal bodies shall take measures to stop tobacco smuggling and its illicit trade.

The Parliament passed a Resolution designating three members of the Certification Commission of the Ministry of Justice, two of which are deputies in Parliament A.Smochin and Gh.Popa, and I.Moroz Deputy Financial Director of the Speranta-Unic Factory.

Legislative acts adopted in the first reading (not final)

Law on the structure and functioning of the Ministry of Justice

The draft establishes the spheres of competence of the Ministry of Justice as well as its rights, obligations, competencies, etc. The draft further regulates the statute of the Ministry, its structure, and personnel. A separate chapter regulates the competencies and functions of the Ministry, as follows:

The draft includes provisions pertaining to the Ministry leadership such as the competence of the Minister, Ministry College, and Deputy Ministers.

The draft was largely debated on in Parliament and both the opposition and majority faction opposed the adoption of the draft. After some additional consultations, it was decided to pass the draft in the first reading, and come back to it after the draft laws on notary and bar are examined.

Law on modification and completion of the Penal Code and Code on Administrative Offence

The draft toughens the sanctions for the evasion from the payment of alimony, for the failure to enforce the Court ruling and for the evasion from the payment of damages incurred by committed offence.

Law on modification and completion of several legal acts

The draft includes amendments to the laws on advertising. Under the draft, the Penal Code and the Code on Administrative Offence shall be completed with an article — Violation of the laws on advertising. The broadcast and production of inappropriate advertisements, which damage the public interest or violate citizen’s rights and interests, shall be sanctioned. Further, the following actions shall be deemed violations: dishonest, fake, immoral or disguised advertisement; posting advertisement boards by destroying or damaging trees in protected areas; advertising treatment for incurable diseases, or mass treatment sessions based on psychic influence, etc.

Law on modification and completion of legislative acts in line with the Center for Fighting Economic Crime and Corruption

The draft modifies a series of legal acts so that the Center could launch its activities. The competencies of the Center are provided in the Fiscal Code, Penal Code, Code on Administrative Offence, Law on Entrepreneurship and Enterprises, Law on Bar Association, and Law on Contentious Business.

June 17–21, 2002

Last week was characterized by an offensive in mass media; especially the one controlled by the opposition parties, against the governing party, the latter being accused of protectionism. The offensive has resumed this week, but this time the target being Prime-Minister Vasile Tarlev. The incumbent leadership of “Bucuria” Ltd released an open letter, reading that since the former Director (incumbent Prime-Minister) left, the company has registered a growth, paid back all the arrears to the state budget and decreased the price on its products. Nevertheless it faces bankruptcy due to the illegal business conducted by the former director. We would like to point out that Moldavskie Vedomosti featured the same issue several months ago, although it was rapidly hushed or forgotten. This time, when it is the “working personnel” which has appealed, the power would have to react, at least in a formal manner.

Interestingly enough, the campaign against Vasile Tarlev has resumed shortly after the President Voronin reorganized its apparatus and appointed Mark Tcaciuk (one of the shadow ideologist of the party) as councilor on domestic issues. Marc Tcaciuk is known for his criticism against the policy of the incumbent Government, especially of Prime Minister Vasile Tarlev (recently the same newspaper Moldavschie Vedomosti republished several of its last year articles, whose author is claimed to be the same Tcaciuc).

It is possible that the denigration campaign against Tarlev has been launched to distract the public attention from the accusations of protectionism brought to President Voronin, who is the last person to exculpate himself, and also to tolerate debates on issues repugnant to him. And last but not least, the speculation that Vasile Tarlev would hold his position as Prime Minister until financial aid is resumed and that Government may resign in fall — may come true after all.

Those political battles somehow overshadowed the Parliament, although it worked hard during the reported period, its motto being all legal acts for the Council of Europe expertise. Noteworthy, on June 17–18 a Council of Europe mission visited Chisinau to discuss the assistance project for Moldova in view of implementing the Resolutions and recommendations made by the Council of Europe Parliamentary Assembly, one of which being expertise of legislative acts to be adopted by the Parliament. During the parliament session, deputies of the “Braghis Alliance” faction tried to exclude some of the drafts from the agenda on the grounds that they need Council of Europe expertise.

The majority faction reacted in a very harsh manner blaming Braghis Alliance faction for lack of patriotism and inappropriate formalism. It is worth mentioning the Christian-Democrats position. Although they were the ones to insist on Council of Europe political monitoring over the Republic of Moldova, fact that entitles them to request expertise and monitoring, they declined to do so. They had no objections to the draft law on the grounds that “it broadens the rights of opposition, consequently it could be submitted for the CE expertise after its adoption”.

The great majority of the legislative acts on Parliament agenda have been examined and adopted by the parliament majority faction occasionally joined by the Christian-Democrats whenever they considered it appropriate.

Legislative acts adopted in the final reading

Law on the modification and completion of legislative acts related to the deputy status

The law was passed in the first reading at the time the conflict between the governing and opposition reached the stage of negotiations at the Council of Europe. Back then the President of the country submitted to Parliament a draft law:

Law on the Penal Code enforcement

The law provides:

  1. The Penal Code shall enter into force on October 1, 2002 simultaneously the Penal Code passed in 1961 shall be abrogated.
  2. General Prosecutor shall start an action for cancellation of the previously set sentences so as to apply a more compassionate penal law.
  3. Ceasing law suits for the deeds no longer considered offence under the new Penal Code.
  4. Sanctions in the form of voluntary community work and arrest shall be enforced once appropriate conditions for this are established, but no later than 1 year after the enforcement of the new Penal Code.
  5. Releasing from serving punishment the persons, who had been ousted, publicly censured, deprived of parental rights.
  6. Rehabilitation of persons previously convicted for deeds no longer considered offence under the new Penal Code.
Law on modification and completion of the Law on Fighting Money Laundering

The law introduces a series of modifications and completions on:

  1. Notions.
  2. Rights and obligations of financial institutions in law enforcement.
  3. A new definition of the “limited or suspicious financial operations”.
  4. Exempting financial institutions and their employees from the liability for material and moral damages incurred to some legal and natural entities while enforcing the law.

The law has been amended as a series of flaws surfaced upon its enforcement pointed both by international financial institutions and financial institutions obliged to execute them.

Law on ratification of the Cooperative Agreement on establishing a single education space in the CIS

The agreement was signed in 1997 in view of establishing a single educational space in the CIS, by establishing a mechanism of coordinating educational processes, professional training and evaluation, implementing joint projects, ensuring free access to didactical and scientific information, developing a legal framework favoring educational cooperation, establishing the requirements and mechanism of mutual validation of diplomas, degrees, etc.

The opposition objected the ratification of the Agreement, nevertheless their arguments didn’t persuade the majority faction.

Draft law on ratification of the Agreement on exchange of information related to education between the CIS states

The Agreement was signed in 2001 in Minsk and provides for a permanent exchange of information related to education, and professional training and appraisal.

Law on modification and completion of legislative acts related to the enforcement of Court rulings

The law completes and modifies legislative acts regulating the activity of the bodies entitled to enforce Court rulings — units of the Department of Court Rulings Enforcement of the Ministry of Justice.

Law on modification and completion of the Law on Local Public Administration

Under the law, deputy prefects positions may be established. It is expected that the Government would appoint deputy prefects in all the districts to be established in 2003.

The opposition accused the majority faction that the modifications are made in view of upcoming elections and that they are groundless as the prefectures are due to be dissolved. Another argument brought up by the opposition was that the personnel costs would increase, to which the Communists replied that the latter would be compensated by the reduction of personnel.

Law on modification of the Law on Production and Sale of Ethyl Alcohol and Alcohol Products

Under the law, the licenses issued before the adoption of the Law on Licensing shall be valid until the expiration of the initially set term.

Law on modification and completion of legislative acts related to the Center on Fighting Economic Crime and Corruption

The law was passed in the first reading on June 13. It provides for the modification and completion of the legal acts in view of ensuring well-functioning of the Center on Fighting Economic Crime and Corruption (see commentary of June 10–14, 2002).

Law on modification and completion of the Law on Government

The law provides a new definition of the Ministries, namely bodies of the central government.

One of the most controversial provisions was the one allowing Government to establish additional public administration bodies in view of implementing its work plan, foreign and domestic policy. Opposition, as well as representatives of majority faction claimed that this is an exclusive competence of the Parliament.

Legislative acts adopted in the first reading (not final)

Draft law on Ratification of the Agreement on exchange of information related to education between the CIS countries

The agreement was signed in 2001 in Minsk and provides for continuous exchange of information in the field of education, personnel training and appraisal.

Draft law on modification and completion of the Law on Land Price

Under the law, the term allotted to enterprises for privatizing the adherent territories has been extended. Further, those territories could be purchased for a lower price than that established by law.

The Government explained such a modification by the need to support entrepreneurs, otherwise the latter would have to spend enormous amounts of money for rent or privatization, money they might not have or even if they did, this might considerably damage the economic interests.

Draft law on modification and completion of legislative acts regulating education

The law provides:

  1. Changing Ministry of Science and Education into Ministry of Education.
  2. Establishing the competencies of the Ministry as a central specialized body in the field of education, appraisal and accreditation.
  3. Dissolving the National Council of Academic Accreditation and transferring its competencies to the Ministry of Education.

Representatives of parliamentary opposition objected the adoption of the draft law. In response members of the majority faction and authors of the modification explained that the current procedure is very expensive and that Accreditation Council does not include experts in the field, which won’t be the case of the Ministry.

May 27 – June 9, 2002 June 24 – July 7, 2002