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Activity of the Parliament on October 6–19, 2003

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October 6–10, 2003

The Parliament convened only once during the aforesaid period, however it was sufficient to observe the growing political confrontation within the legislative body. Thus, opposition came up with a draft declaration on the failure of the Russian Federation to comply with the resolutions of the Istambul and Porto OSCE Summits, and insisted on its examination during the plenary session. At the initiative of the Chair of the Parliament the issue was subject to voting, however it failed to gather a majority vote. Nonetheless, the draft declaration was made public at the end of the plenary session and it would be probably reexamined later on by the Parliament. Experts believe opposition intentionally comes up with initiatives that they know, far too well, ruling party would not endorse for either objective or subjective reasons. Definitely, behind the recent protest rallies in front of the Russian embassy, criticism of the Russia’s stance in the negotiations on Transdnistrian conflict, lie some hidden motives, i.e. probing political issues subject to debates in the upcoming electoral campaign. Ruling party, on the other hand, adopted an awaiting strategy, nevertheless it resorted to the same strategy, however with a different goal in mind — resolving the Transdnistrian conflict at any price, by the upcoming elections. One may expect new info on the negotiation process to be released, in particular the draft of the joint statement of the conflicting parties on the principles of regulating the constitutional status of the breakaway region.

Besides major political problems, the Parliament examined several important drafts, and we will refer to some of them in greater detail below.

Law on Ratification of the Agreement on mutual protection and promotion of investments, concluded between the Republic of Moldova and Republic of Bosnia and Herzegovina

The Agreement was concluded for a ten year period in view of boosting economic cooperation on the mutually acceptable terms. Among others the Agreement refers to:

The Agreement also provides for the settlement of disputes between the contractual parties, etc.

Law on Modification and Completion of the Law on Imprisonment on Suspicion

The modifications exclude the provisions allowing for compelled feeding of detainees. Compelled feeding is viewed as a kind of torture, as it is done against the will of the detainee. Furthermore, coercion methods involved upon compelled feeding sometimes are rather violent and besides the moral pain sometimes produce physical pain. However, the law allows for compelled feeding in cases when detainee’s life is under threat.

Draft law on the state informational resources

The draft establishes ground rules and terms for developing the infrastructure of informational resources in the Republic of Moldova, juridical matters in the use of IT, systems and networks.

The law does not apply to mass media, non-governmental IT, and undocumented data processing. It also defines some basic notions, such as: data base; electronic document; national domain,md; informatization; owner of the informational resources, information systems; information process; information product; communication network; information service; informational support; IT; subject of law, etc.

The law determines the subjects of law within its competence:

The law clarifies the notions used as well as establishes rules for handling different types of data and ensuring the security of information systems. Basic information resources include among others:

Under the law, Information Technology Department shall be the sole body entitled to establish and use state information resources. This provision is likely to raise a lot of questions as, at the moment the said Department already holds a monopoly on state information resources; and it is likely to position the Department far better than other state bodies working in the field.

Draft law on modifying the Regulation on settling matters related to the administrative-territorial division of the Republic of Moldova

One of the most important modifications abolishes certain Government competencies in authorizing changes in the borders of the administrative-territorial units, in creating or dissolution of such units. As it stands at the moment, the situation is rather unclear, on the one hand any changes in the administrative-territorial borders are the sole competence of the Parliament upon prior consultation of the citizens, and on the other, under the Regulation it is the sole competence of the Government.

A string of problems may surface upon the enforcement of the said modification. In particular excluding the Government from the decision making, and leaving it in the sole competence of the Parliament, i.e. political, is not the best option since the Parliament is more guided by political interests rather than social and economic considerations.

Draft law on modifying and completing the Law on Publishing Activity

Via those modifications Moldovan law is brought in accordance with international law norms. Certain aspects are to be clarified: notions, competencies of the Ministry of Culture, copyright, and protecting publishing rights. A separate article shall regulate the activity of the National Book Chamber and its data bases, which are the sole property of the state.

Draft law on canceling the penalties imposed for the failure to transfer on time state social insurance contributions

Under the modification, penalties incurred by 29 companies that had paid all the arrears to the social security budget are cancelled. The total amount of cancelled penalties is estimated at 1.7 million MDL, whereas the arrears paid by the companies at 5.8 million MDL.

Noteworthy, the list of companies include also state institutions and local public administration, namely: Statistics and Sociology Department; General Finance Department of Chisinau Municipality; General Security Department of the Ministry of Home Affairs, etc.

October 13–17, 2003

During the said period, Teleradio-Moldova institution and possible changes to its status have taken the center stage.

The draft law proffered by a group of Communist deputies has drawn wide-range criticism from opposition for an alleged attempt to subdue the newly established institution and to conceal the frauds made by the institution’s leadership, which by the way had been appointed by the very same Communist majority.

Another controversial subject was the draft Resolution on the results of parliamentary commission’s control over the IT Department. Again, opposition accused majority faction of concealing the fraud in contracting IT services and products required for the production of IDs of the citizens of the Republic of Moldova. In its turn, majority faction, replied that the disputed contracts had been signed under the previous governments, including the ones made up of the incumbent opposition.

Apart from political matters, deputies examined several important drafts, and we will refer to some of them in greater detail below.

Law on Canceling Penalties accrued for delays in paying state social security

The law cancels the penalties accrued as of January 1, 2002 by the companies which do not have arrears to wage payment to its employees or state social insurance payments.

The penalties are estimated at 4 million MDL. The law refers in particular to state owned companies, municipal or cooperative enterprises, such as:

Law on Publishing International Treaties

Under the law, international treaties Republic of Moldova is part of shall be published in special publications of the Ministry of Foreign Affairs within one month of their enforcement. Legislative and normative acts thereby those international acts are approved shall continue to be published in the Official Monitor of the Republic of Moldova.

The thing is, under the Constitution international acts Moldova adhered to are part of the domestic legal framework, or even have a priority over it (especially in the case of legal acts related to human rights). Nevertheless, only the laws on their enforcement are officially published, whereas the international treaties themselves are rarely published and if published only with a limited turnout.

There were several attempts to solve the problem before, however because of the lack of funds all of them failed.

Under the law, each year the Government will allot a certain amount for special publications of the Ministry of Foreign Affairs. Nevertheless, the law may be never enforced because of the high cost of translation services, which may not be covered all from the state budget. One solution would be to resort to official acts translated into Romanian. However, this solution per se is questionable too as authorities refuse to acknowledge that Moldovan and Romanian are in fact one and the same language. Unfortunately, at the end of the day it will be the ordinary citizen who would have to suffer being unaware of the international provisions, especially those providing for rights and guarantees.

Law on the modification of the Code of Civil Procedure

Modifications operated to law exclude the provisions prohibiting local councilors to practice as lawyers in the precincts they were elected. Initially those limitations were designed to prevent local government from subduing the judiciary, in reality though, they limited lawyer’s prerogatives. Moreover, it left lawyers without any sources of income. This is the more important as the councilor position is not a paid job.

Noteworthy, seizing this opportunity opposition tried to lobby another amendment, thereby allowing MPs to practice as lawyers. The amendment was rejected on the grounds that deputies in Parliament are paid for their activity, moreover under the Constitution deputy position is incompatible with any other paid job, except for scientific or didactic activity.

Law on completing the Law on Energy

The activity of the energy overseeing body is to be funded out of the energy tariffs. Great many deputies, including those of the Communist faction, opposed the initiative on the grounds that it would increase the current tariffs, which would eventually affect consumers. Government representatives argued that at the moment state energy overseeing body was also funded out of the energy tariff, however this procedure was not provided for in the legislation.

Law on transferring summer camp in village Romanesti in return for debts

Historic debts of the Mezon Company, worth 3.5 million MDL have been cancelled in exchange for summer camp in Romanesti village. Initially, the Government proposed the summer camp to be transferred into the property of the Youth and Sports Department, which in its turn would have transfer it into the property of the National Olympic Committee.

Law on modifying the privatization plan

Modifications refer in particular to excluding “Valogrvin” Company based in Hirtopul Mare from the privatization list and transferring it into the property of “Aroma” Company. Thus, Aroma Company would take hold of wineries, which would enable it to fill its stocks of raw material. Noteworthy, Aroma itself is included in the privatization list. Therefore the said modifications were operated in view of increasing its price and attractiveness in the eyes of potential investors.

Resolution on the results of parliamentary commission’s control over the IT Department

The resolution calls on Government to:

The Resolution also calls on the Prosecutor General to investigated on missing ID forms as well as on the legality of the contract on printing an excessive number of forms.

Draft law on modifying the Law on “Teleradio-Moldova” audiovisual public institution

Modifications refer in particular to:

  1. The company shall have a bank account in commercial banks to administer extra-budget funds.
  2. The two deputy chairpersons, one — General Director of the Radio and another of the TV, would stay just as executive director of radio and TV respectively.
  3. The Company will have only one deputy chairperson, i.e. general producer.

The draft also provides for the liquidation of the “Teleradio-Moldova” company and firing its entire staff. The spin-off institution will take over only the assets but not the liabilities. The debts are to be recovered based on a special mechanism drawn by the Government.

Opposition, backed up by the “Teleradio-Moldova” employees protested against the lay-offs and annulling the company’s debts. Majority faction, though, claimed that those modifications would allow the company to operate under new conditions. The draft was passed in the first reading, the next reading being postponed until the expertise and recommendations of the Council of Europe are received.

September 22 – October 5, 2003 October 20 – November 2, 2003