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Activity of the Parliament on November 18 – December 1, 2002
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November 18–22, 2002
Legal acts adopted in the final reading
During the said period the Parliament examined several legal acts pertaining to the electoral promises made by the Communist Party, namely amending the Constitution in view of allowing double citizenship; revising the retirement age and indemnification of the deposits at the Savings Bank.
Law on modification of the Constitution of the Republic of Moldova
As already reported, the modification provides for:
Allowing double citizenship
This legalizes the status of Republic of Moldova citizens who hold double citizenship (according to some estimates there are 600,000 — 800,000 such citizens). Noteworthy, upon the adoption of the law, Romanian Government issued an ordinance suspending the award of Romanian citizenship to citizens of another countries.
Allowing deputies to hold other remunerated positions
The Parliament ruled that the MP position is incompatible with any other remunerated position, except for didactic and scientific activity. Initially, it was suggested that artistic activity should be allowed as well, and that those activities should be carried out after the working hours.
Noteworthy, initially it was envisaged to lift deputies’ immunity, however the idea was abandoned in the final reading. This change was determined not by deputies’ interest to adjust RM laws to international standards and principles, but rather by their interest in preserving certain privileges. Right from the beginning some deputies warned that if adopted, the amendment would allow any policemen to arrest a MP.
Reform of the judiciary system
appointing judges
Initially it was suggested that judges to be appointed by the Parliament “so as to ensure an increased transparency and objectivity”, however in the end deputies decided to leave the appointment of judges in the exclusive competence of the President, so as to ensure a rapid and easy procedure of appointing judges. Another recommendation not taken into account was opposition’s request to oblige the President to appoint a certain judge, if the latter was repeatedly nominated by the Supreme Magistracy Council. The recommendation was rejected on the grounds that the President should be independent in exercising his functions.
reducing the hierarchy of the courts of justice
The Parliament decided to abolish the tribunals and establish a three-layer hierarchy of the courts of justice. Opposition criticized the amendment on the grounds that it would be more difficult to establish the truth if one of the methods of appealing court resolutions is cancelled. However majority faction argued that it is necessary to simplify the judiciary system. It is worth mentioning that the legislature also ruled that judges working in the abolished tribunals should be employed in the existing or newly established courts.
changing the structure of the Magistracy Supreme Council
Under the amendment, Magistracy Supreme Council shall be formed out of magistrates and titular professors, whereas the Chair of the Economic Court and Chair of the Court of Appeal shall be excluded. Another modification refers to the appointment of the Magistracy Supreme Council by the Parliament (via an organic law).
Law on modification of the Law on Retirement
The legislature’s members decided to stop for five years the progressive increase of the retirement age. Under the law, commencing January 1, 2003 men would retire at 62 and women at 57. Majority faction claims that by amending the law they had fulfilled one of their electoral promises.
Law on modification of the Status of Chisinau Municipality
Under the law, Chisinau Mayor is excluded from the Government. Several reasons for the said modification were cited: observing Constitutional provisions; equal rights to all local public administration bodies; etc. Needless to say last week the Government endorsed the amendment, despite the fact that several months earlier it refused to do so and provided a lot of arguments in favor of their position.
Law on military liability for damage
The law provides military’s liability for the damages incurred to the military unit patrimony, as well as procedure for recovering the damages.
Law on modification of the Law on the State Tax
Under the law central public administration bodies, Court of Accounts and its territorial structures funded from the state budget shall be exempted from the state tax in cases the latter defend in court the state patrimonial interests.
Other legal acts adopted in the first reading (not final)
Draft law on indemnification of the deposits of the citizens of the Republic of Moldova in the Savings Banks
The adoption of the law was part of the Communists’ electoral program. The draft includes the following provisions:
- state’s obligation with regard to the citizens having deposits at the Savings Bank;
- deposits shall be indemnified according to the situation as of January 2, 1992: under a 1:1 ratio for the first 1,000 rubles, and 2:1 ratio for the rest of deposited amount;
- law shall be enforced within the next 20 years;
- entrusting the Government to establish the procedure of indemnifying and repaying the deposits.
According to some preliminary estimates, the amount due to the population is 1,5 — 1,7 billion Lei. The Law on State Budget for Year 2003 provides an amount of 43 million. If the law is enforced, Republic of Moldova would be the first CIS country to repay the deposits. Opposition claims by adopting the law Communists hope to secure better results in the upcoming local elections.
Draft law on state social insurance budget for year 2003
The draft provides for revenues of 2,229,066.7 thousand Lei and the same amount of expenditures. A 394 thousand increase registered as compared to this year. The amount would cover the expenditures for stopping the retirement census and establishment of a reserve fund of 100 million lei.
Draft law on canceling penalties of enterprises, which paid the debts to the obligatory state social insurance fund by April 1, 2002
The law cancels the penalties due by 90 enterprises, which managed to repay the debts worth 10 million lei. The penalties are worth 6 million lei. It seems that such kinds of laws are very efficient in levying taxes due to the social security budget.
Draft law on modification and completion of the Law on Petroleum Market
Under the amendments an automated petroleum recording system shall be established. Another modification annuls importers’ obligation to mark the petroleum upon its import in the Republic of Moldova. Previously it was thought that marking petroleum products would end the smuggling.
November 25–29, 2002
Legal acts adopted in the final reading
Law on Humanitarian Aid
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.
Law on ratification of the Protocol to NIS Agreement on state tax for economic litigation
Under the Protocol, member states agree on a new quota ranging from 300 to 13,000 rubles for the economic litigation.
Resolution on overseeing the enforcement on the Law on Petitioning
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)
Draft law on completing the legal acts in the field of forestry
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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