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Activity of the Parliament on May 31 – June 14, 2006

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Legislative acts

Law on National Institute of Justice. The document was modified compared with the initial version, especially concerning the composition of the management college, financing and control on activity.

Law on abolition of visa regime for citizens of some states. Moldova has annulled visas for citizens of member states of the European Union (E.U.), citizens of the United States, Canada and Japan.

Law on modification and completion of some legislative acts on labour protection. The adopted document stipulates the modification of regulations on sanctioning of officials for violation of legislative acts and other normative acts on labour protection, as well as sanctioning for use of a foreign registered name on behalf and for activity of an enterprise.

Law on withdrawal of higher quality fields owned by a foreign company from agricultural circuit. The Parliament has approved by derogating from provisions of the Land Code the withdrawal of 41 hectares of private higher quality fields of the foreign company Mold Itera Energy S.R.L from agricultural circuit for construction of a power plant near the village of Burlaceni, the district of Cahul. This company has acquired the fields when the Moldovan legislation was ambiguous and did not ban foreign businesses to own farm land in Moldova. The beneficiary enterprise will have to pay about 28 million lei to the state budget after enforcement of this law in order to compensate the reduction of farm fields.

Decision approving changes to the 2006 budget of the National Commission for Securities (CNVM). Revenues and expenses of the commission have been increased, as new pay conditions were introduced and CNVM needs more acquisitions. The rises are covered from higher fees raised by CNVM from different operations on securities market.

Law on ratification of the financing agreement for development between the Republic of Moldova and the International Development Association. The agreement stipulates a crediting of about 15 million dollars for a 40-year term, a 10-year grace period and an annual tax of 0.75 percent. These funds will be allocated for the RISP-II project, which aims to encourage the growth of agriculture, to improve the access of private farmers to know-how and finances.

Law on ratification of the loan agreement between the Republic of Moldova and the International Fund for Agricultural Development. The ratified document stipulates a loan of about 13 million dollars for a 40-year term, a 10-year grace period and an interest rate of 0.75 percent. The finances will be used for intermediation services provided to rural enterprises, rural financial services, investments in infrastructure, project management.

Draft law on state-guaranteed legal assistance (# 1091). The draft adopted in the first reading proposes the regulation of conditions, volume and mode of granting of state-guaranteed legal assistance with the purpose to provide a free and equal access to everybody to qualified legal assistance. The assistance will be of two types: primary (except for some trials and secondary (consulting and representation at trials).

Draft law on forced execution system. The document adopted in the first reading proposes to establish the competence of the forced execution system, legal status of personnel, rights and obligations, personal and social guarantees of judicial executors and their responsibility.

Draft law on organisation and functioning of the national commission for consulting and collective negotiations, commissions for collective consultations and negotiations at sectorial and regional levels. The draft proposes to establish the legal status, mode of organisation and functioning of the national commission created to resolve problems in the labour and socio-economic fields, with the purpose to develop the social partnership at national, sectorial and regional levels.

Draft law on modification and completion of the Code on Administrative Contraventions and law on Prosecutor’s Office. The draft proposes some amendments seeking the exclusion of specialised prosecutor’s offices from structure of prosecutor’s office; the annulment of the prosecutor’s right to hold a person for administrative contraventions; the representation of interests of state and society through civil action by prosecutor; the hierarchic structure of the prosecutor’s office; establishing of immunity against filing of penal cases vs prosecutor by Prosecutor-General only; establishing of additional social guarantees for prosecutors. Draft developers describe the document as an objective for fulfilment of recommendations of the Council of Europe and implementation of provisions of the E.U.-Moldova Action Plan concerning the status of prosecutor’s office, but representatives of the opposition consider that the amendments are superficial and insufficient for a democratic reformation of this important structure. The lack of the notice of the Council of Europe on this draft, the persistence of some out-of-date principles (representation of state in civil cases), equalling of prosecutors with judges, but without imposing similar conditions of succession to the magistracy also raise criticism.

Draft laws on community expertise of legislation. The drafts adopted in the first reading proposes to complete the law on legislative acts and the law on normative acts of the Government and other authorities of central and local public administration with norms on mandatory expertise on accordance of the draft legislative or normative acts to community principles and norms, of acquis communautaire in the field of regulation concerned. However, the documents do not contain transitory regulations on mechanism of expertise, technical-material and financial expertise of this process, which is very complex , hard to do under present conditions of Moldova (insufficient knowledge, irrelevant practice, lack of agreements on association and cooperation in concrete fields with the E.U.). The introduction of some new norms without fact coverage and without a national infrastructure capable to ensure the functioning of the mechanism of community expertise could reduce the effect of new regulations, there remaining unimplemented like many other provisions from legislation regulating the process of elaboration and examination of legal norms.

Draft laws on modification of legislation on entrepreneur’s patent. It proposes to prohibit gradually the holders of patents, starting January 1, 2007, to trade some types of goods (excised, building materials, furniture, household appliances, food products (starting January 1, 2008), trading of goods under certain conditions (in booths, at counters and from cars) and providing of some services (transportation of passengers by taxi cars; production, processing and trading of lime. Holders of patents who will stop their work under mentioned conditions will be able to register as individual entrepreneur for free.

Draft law on completion of some legislative acts on education and science (977). The draft adopted in the first reading allows the Academy of Sciences to found and reorganise some state-owned high schools and institutions of higher learning subordinated to the Academy of Sciences of Moldova.

Draft law on modification of the Penal Code. The document adopted in the first reading proposes to exclude the sanctioning of the arrest from Penal Code because it is inefficient in practice. The arrest will be replaced by “unpaid work for the community benefit” in certain cases. However, the proposed document does not contain transitory clauses capable to allow its applying on cases examined by courts or on applied and executing sanctions, a situation requiring appropriate solutions before examination in the final reading.

Parliamentary control. Declarations

Questions and interpellations

AMN Deputy Ion Plesca has asked the Justice Ministry, the Government’s Apparatus and the state-run news agency Moldpres (editor of Monitorul Oficial) to report on exact number of cases lost by Moldova in front of ECHR, damages to be paid to applicants, sanctions applied on persons who are guilty for sentences, ground of selective publishing of ECHR judgments in Monitorul Oficial (some judgment are published in special issues of limited circulation which are not distributed to subscribers).

PSL Deputy Valentina Golban has asked the Government, the Prosecutor-General’s Office and the Centre for the Struggle Against Economic Crimes and Corruption (CCCEC) to report on participation of some lawmakers in coverage of frauds discovered after a control a control was conducted to find out how degrees of invalidity have been awarded, illegalities that representatives of prosecutor’s office and CCCEC indicated at a briefing mediated by mass media.

PD Deputy Oleg Tulea has invoked the prohibition of access of some NGOs which conducted useful social activities to educational institutions and asked the Education Ministry to review its decisions to limit these activities.

PPCD Deputy Vlad Cubreacov has asked the Prosecutor-General’s Office and the standardisation department to verify respect for legislation on consumer’s protection and legislation on functioning of languages in some trade facilities based in the Chisinau municipality, invoking the presence of announcements and invoices in Russian.

PPCD Deputy Ion Varta has asked the Ministry of Education and Youth and report how expenses used from the state budget to publish an experimental textbook of “integrated history” (in a 12,000-copy circulation) by a group of unfairly selected authors have been recovered. The Education Ministry has approved the textbook and it was published, but it was established meantime that the book unfits the requirements and was destroyed, while the budget has suffered serious losses.

Deputy Valentina Cusnir has asked the Government to report on a control of safety of products imported in Moldova, especially from the Russian Federation.

Deputy Dumitru Braghis has asked the Government the reduction of salaries in budgetary sector in April and the lower pay than it had promised after enforcement of the new law on pay in budgetary sector.

May 16–30, 2006 June 15–30, 2006