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Activity of the Parliament on February 9–22, 2004

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February 9–13, 2004

During the aforesaid period the debates in Parliament were quite politicised. During the two days of plenary session Communist faction and opposition exchanged numerous accusations. However, the most controversial debates accompanied the draft laws submitted by the opposition that the majority faction refused to endorse, and vice versa submitted by the Government and majority faction that were severely criticised by opposition, criticism not taken into consideration by the ruling party.

Another source of discontent was the initiative to suspend the immunity of Christian-Democrat deputies accused of staging protest rallies and being under investigation. The three deputies: Vlad Cubreacov, Stefan Secareanu and Valentin Chilat did not attend the hearings of the Legal Commission for Appointments and Immunities and were therefore summoned to the plenary session. Citing some procedure irregularities the three left the plenary session, followed later on by the deputies of the “Braghis Alliance”. As a result, Communists accused the latter for endorsing “profane actions” of the state symbols of the Russian Federation. “Braghis Alliance” leader responded that he did not support illegal actions and that he did not want to be a part of the “show put on by Communists and Christian-Democrats”. Finally, the Parliament decided to suspend the immunity of the three deputies with the vote of 69 Communist and independent deputies. The three shall be liable for staging illegal protest rallies at the Russian Embassy, National TV and for unauthorised protests throughout downtown. As Christian-Democrats’ leader, Iurie Rosca was not in the country, Prosecutor General adjourned the examination of the request to suspend his immunity.

Despite the harsh debates, Parliament examined a number of legal acts that would be given a thorough consideration bellow.

Law on the modification of the Law on Government

The law provides for the reorganisation of the Ministry of Environment, Constructions and Territory Planning into two separate structures:

The debates on the law continued for two days, great many opposition deputies but also Communist ones criticised the initiative on the grounds it was too expensive and useless. The law was passed only after deputies received assurances that no additional staff or funding would be required.

Noteworthy, during a recent meeting at the Ministry, President Voronin dubbed it as a “monster” failing handle all the tasks it was entrusted. Immediately afterwards Gheorghe Duca was elected Chair of the Academy of Science. However, prior to that President criticised the Academy as well, threatening to take actions unless some meaningful changes happened.

There is yet another explanation to the deputies’ criticism: as long as Gheorghe Duca, former member of the Democratic Party and “Braghis Alliance”, headed the ministry no criticism at all had been expressed, whereas immediately he secured a safe position in another institution the ministry was subject to large-scale reorganisation.

Law on debt transferring

Parliament decided to transfer the debts incurred by the “East electric networks” state enterprise to its creditor, “Energoreparatie” state enterprise. The debt worth 750 thousand Lei was incurred as a result of certain normative acts that cancelled the debts of agricultural enterprises. It would be covered from the state budget by compensating the taxes that the creditor was due. Noteworthy, the creditor does not have any fiscal relations with the Republic of Moldova as it was subordinated to Tiraspol.

Law on the modification of the Labour Code

Under the modifications the provision obliging employers applying for licensing to have a prior permission of the work protection bodies, was excluded. The Government lobbied the amendment with a goal to reduce the number of legal acts required for licensing and thereby boost small business.

Resolution on 645-th anniversary of the Moldovan state

It was decided to celebrate the 645th anniversary of the Moldovan state via numerous events at the national and local level, which is of paramount importance for the “steadiness of the Moldovan nation”. The document does not specify on the territory where the celebrations are to be held, between Prut and Dniester or on the whole area known as Moldova. The decision was passed in order to consolidate “multinational Moldovan” society, accelerate the restoration of the territorial integrity, and Moldova’s affirmation in European community. The document does not provide any clear mechanisms for pursuing the said goals.

Noteworthy, 2004 was declared the year of Stefan the Great — 500 anniversary of his death. The anniversary would also be celebrated in Romania. To as to avoid any confusion, Republic of Moldova decided to mark another event — 645th anniversary of the Moldovan state.

Laws on the ratification of international acts

Parliament ratified a number of international acts:

1. Agreement on free trade between Republic of Moldova and Ukraine. One of the opinions expressed during the debates was that the Agreement would damage domestic producers, as the market would be flooded with cheap Ukrainian goods. Government replied that it would never happen and that the agreement would open Ukrainian market for Moldovan goods.

2. Resolution of the CIS Governmental Council on the remuneration in the community bodies. The document provides for a wage increase to the officials working in the CIS structures so as to adjust them to the general living standards. Republic of Moldova would not contribute towards the wages of the military and security forces given its status.

3. Status of the Intra-European Organisation of Fiscal Administrations. The organisation promotes co-operation and exchange of experience between fiscal authorities of the member countries.

Draft law on the modification of the Law on state tax

The draft passed in the first reading provides for establishing a state tax for using official or historic name of the state on the brand of the product or service. For the brands already in use the tax would represent 1% of the brand value as recorded in the balance sheet, and in case of first time application — 10% of the brand market value.

Draft law on the modification of the Law on Administrative Adjudication

The amendments provide that in case Administrative Court finds that the matter does not fall within its competence it should decline its competence.

February 16–20, 2004

This week Parliament focussed on the relationship between power and opposition, as well as ruling party policy on the major problems in society.

At February 19 session Minister of Foreign Affairs briefed MPs on the efforts undertaken in view of European integration. The recently appointed Minister delivered a 15-minute report reviewing the current state of affairs, though refraining from outlining the perspective of future talks with EU on the individual action plan. A brief Q&A session followed, Communist deputies only clarified certain aspects, whereas opposition deputies inquired to what extend had Moldova complied with the European Parliament resolutions. Parliament failed to reach a consensus on how to proceed further with regard to issues debated, and discussions were ended in 30 minutes.

Deputies also examined a number of legal acts, some of which will be considered in detail below.

Law on the modification of legal acts regulating pharmaceutical industry

The law is forbidding the sale or exchange of medications among wholesalers. Also medications and drugs are to be only imported directly from producers or their authorised dealers.

Boosting pharmaceutical industry has been on Government agenda before. And this because only 3% of the drugs and medications available on the market are produced domestically. While the imports are soaring, domestic industry is still weak and unprofitable. It is worth mentioning that Government annulled the contract on the privatisation of the largest domestic manufacturer “Eurofarmaco”. As a result invested capital had to be returned, which made the business un-profitable for quite a while.

Law on the ratification of the Stokholm Convention on persistent organic polluters

Convention is aimed at protecting peoples’ health and environment against organic pollution. A number of provisions refer to the funds needed to enforce the convention. Lawmakers argued that no additional funds would be necessary to enforce the law, as countries in transition are exempted from membership fees.

Noteworthy, previously NATO provided financial support to the Republic of Moldova to process the dangerous substances stocked on its soil.

Resolutions on appointing Senior General Prosecutor and confirming Prosecution College

Parliament appointed Valeriu Gurbulea as Senior Deputy to the Prosecutor General, previously Secretary of the Supreme Security Council of the Moldovan Presidency. Previously opposition press and civil society organisations accused Mr. Gurbulea of wielding heavy influence on the law enforcement forces and corruption. They asked the President either to oust him or provide evidence to the fact that Gurbule was innocent, however the President remained tight-lipped on the subject.

Parliament passed a resolution and confirming the membership of the General Prosecution College, keeping only Alexandru Stoianoglo (former Prosecutor of Gagauz Yeri) and Nicolae Oprea as Senior Prosecutors among its new membership. New members joined the College, namely:

Draft law on modifying and completing the Law on Real Estate Registry

The draft submitted by the Government changes the procedure of registering the real estate. The law provides for access to estate data-bases hold by the legal bodies and local public administration. The draft also provides that the tariffs on services provided by real estate bodies are to be approved by Government, so as to ensure enough funds and also observe the interests of vulnerable strata of the population.

Draft resolutions on suspending the immunity of deputies in Parliament

Parliament majority decided to suspend the immunity and sent to court three Christian-Democrat deputies: Iurie Rosca, Vlad Cubreacov and Stefan Secareanu. They are persecuted for staging unauthorised protest rallies and profaning Russian Federation symbols (i.e. burning the flag and the portrait of President Putin).

In addition, Prosecutor General requested Parliament to suspend the immunity of “Braghis Alliance” Nicolae Malachi, accused of illegal privatisation of a resort on Black Sea, thereby incurring a 200 thousand Lei loss to the state budget. According to Prosecutor General, Mr. Malachi struck the said murky bargains at the time he hold a high rank position in county administration.

The resolutions were voted in the absence of opposition deputies. Christian-Democrat leader severely criticised majority faction for the policies it was pursuing.

January 26 – February 8, 2004 February 23 – March 14, 2004