Activity of the Parliament on March 24 – April 6, 2003

March 24–28, 2003

Once the electoral period commenced, opposition gave up boycotting Parliament session and resumed their legislative activity.

Transit of nuclear wastes on the soil of the Republic of Moldova took the center stage last week. Legislature’s intention to regulate nuclear wastes transit spurred protest of environmental NGOs both in the country and abroad (Bulgaria, Ukraine, Russia). Only Romanian NGOs refrained from any comments, probably because Bulgaria and Romania signed a cooperative agreement and the matter was settled long before.

It is worth mentioning that opposition backed environmental NGOs in an attempt to draw public attention to the issue, especially on the eve of elections. An evidence to this is the recent merger of the Environmental Party with Our Moldova Electoral Bloc.

Despite many controversial and tiresome debates, the Parliament managed to examine and pass several important pieces of legislation.

Laws on the ratification of quadri-Agreement on the transit of nuclear wastes from Kozlodui nuclear power station

Before ratifying the Agreement, the Parliament operated a series of amendment to the laws related to environment and transportation, allowing for the transit of nuclear wastes from Bulgaria. Afterwards, the Parliament ratified the Agreement between the Republic of Moldova, Russian Federation, Bulgaria, and Ukraine “On Cooperation in Transporting the Nuclear Wastes between Russian Federation and Bulgaria through the territory of the Republic of Moldova and Ukraine”.

The Agreement was signed by the parties back in November 1997 and includes provisions:

Bodies to ensure security measures;
Transportation to be used;
Liability for would-be damages in case of accidents (only Russia and Bulgaria);
Liquidation of the accident consequences (on the expense of the country in which the accident was produced) etc.

Law on ratification of Agreement of Ukraine adhesion to the CIS Economic Union

Although it took over the Presidency of CIS, so far Ukraine hasn’t enjoyed the status of associated-member to CIS Economic Union. And this because initially Ukraine requested a special status and intended to sign a separate bilateral Agreement.

Given that establishment of a Free Economic Zone was at issue during the last CIS Summit, Ukraine’s acceptance as an associated-member was another step towards the achievement of the said goal.

Nevertheless, the situation with CIS is quite unclear, especially in the context of the newly established economic community (see the joint statement of Presidents of Russia, Ukraine, Belarus and Kazakhstan).

Law on Pension Indemnification

The Parliament ruled that pensions (not exceeding three minimal salaries) should be indemnified yearly on April 1. In addition the Parliament decided that the minimal indemnification should not be less that 50 lei, whereas the minimal pension less than 135 lei.

Pension related calculations and payments shall be done no sooner than mid-May, fact that would be fully exploited for electioneering purposes. Moreover, representatives of international monetary organizations voiced their skepticism with regard to authorities’ capacity to raise funds to pay for the indemnification, and stated that this decision might raise obstacles in resuming the funding. However, authorities count on a short-term gain, as the creditors would be blamed for obstructing social assistance measures to the population.

Law on Establishing a Migration Department

The establishment of a Migration Department was provided for in the Law on Migration adopted by the Parliament last year. This has raised the number of Government Department’s to 29, out of which 8 have been established since 2001.

Needless to say, a series of decisions have been passed recently prohibiting the increase of the number of public employees, even stipulating that the public institutions apparatus may be enlarged only via a Government resolution.

Resolution on the results of control over Customs’ compliance with the law

The resolution points to serious violations of the legal framework by Customs authorities and outlines a series of measures to be undertaken:

Periodic reexamination of the methodology used to estimate the value of goods and price calculation;
Closer cooperation with Republic of Moldova diplomatic missions in view of monitoring the circulation of goods;
Improving the recruitment, training and activity of Customs personnel;
Establishing the liability of employees guilty of violations and abuses;
Close monitoring of investigations and cases involving Customs, etc.

It is worth mentioning that the problem has been debated numerous of times. Although Customs revenues to the state budget have significantly increased, it remains one of the most corrupted and bureaucratic structures in the country. Despite serious concerns over the problem, no attempts are made to reform the entire system.

Law on the modification and completion of legal acts on the activity of the Center for Fighting Economic Crime and Corruption, adopted in the first reading

The examination of the law spurred a lot of controversy among deputies, some of them suggesting to adjourn the adoption until the enforcement of a new Penal Code and Code of Penal Procedure.

Among others the draft modifies and completes the prerogatives of the Center, which are currently provided for in numerous acts, such as Code of Penal Procedure, Penal Code, Fiscal Code, Customs Code, Law on Fighting Money Laundering, Law on the Court of Accounts, etc.

Needless to say the establishment of the Center itself was very difficult. Many experts in the field voiced their skepticism with regard to the need and efficiency of such a structure, which only duplicates the functions of the law enforcement and financial bodies.

March 31 — April 4, 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.

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.

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

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.

Law on Ratification of the Protocol to the Convention on legal assistance in civil, family and penal matters among CIS states

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.

Resolution on enforcement of Convention on prohibition of developing, producing, storing and using chemical weapons

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.

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

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.

Law on completing the Law on Police

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.

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