Activity of the Parliament on June 15–30, 2006

Appointments

The Parliament appointed on June 15 Victor Cibotaru as first deputy governor of the National Bank of Moldova (BNM) and member of the Management Board, at the initiative of the BNM governor. Previously, Cibotaru has headed the commercial bank Moldindconbank.

Former Christian Democratic lawmakers Ion Neagu, Zoia Jalba and Valentina Cusnir have been dismissed from posts held in working bodies of the Parliament and international parliamentary delegations, at the request of the Christian Democratic People’s Party (PPCD) faction. These deputies were excluded from PPCD faction on June 28 for violating the status and spoiling the image of the party.

Legislative acts

Law on completion of legislative acts with regulations on community expertise. The Parliament has passed in the final reading the law requiring a community expertise of the national legislation, with the purpose to adjust legislative acts and other normative documents to principles and regulations applied in the European Union. The law does not establish, however, a concrete expertise mechanism, nor does it stipulate the allocation of the finances needed for this purpose, so that many shortcomings will be observed when it will be implemented.

Law on modification of the Penal Code and Code of Penal Procedure. The adopted law is based on principles of the so-called restorative justice (restoration, remedying of damages, not punishment of minor at all costs) and revises the penal sanctions applied on minors, reducing the general maximum detention term for minors, rise of the number of educative restrictions, use of unpaid labour for the community’s benefit for more offences, etc.

Law on amendment and completion of the law on rehabilitation of victims of political repressions. The adopted document stipulates a mechanism of restitution of properties and compensation of value of properties that cannot be returned to victims of political repressions. The parliamentary opposition has proposed that the expenses for the implementation of this law be covered from the state budget, but the parliamentary majority insisted that the expenditures be covered from local and state budgets, with opposition factions and representatives of victims of repressions fearing that this situation will block the adequate and immediate implementation of the new regulations.

Law on revision of Constitution. Lawmakers have past in two readings the law on modification of Article 24 of Constitution, with the purpose to exclude all provisions allowing the death penalty. One the new regulation takes effect; Moldova will abolish the death penalty definitively. It should be noted that the Parliamentary Assembly of the Council of Europe (PACE) is discussing in Strasbourg the complete abolition of death penalty in member states of the Council of Europe and the Moldovan Parliament wanted to have a certain contribution in this regard, hurrying up to adopt the necessary draft laws scheduled for another date.

Law on modification of the law on National Bank of Moldova. It prohibits the crediting of the state and establishes a series of amendments recommended by international financial organisations. The law awards certain immunity to BNM governor and vice-governors, stipulating that they may be held, searched and arrested at the indication of the prosecutor-general only.

Decision approving the report on execution of the 2005 state budget. The document voted by parliamentary majority approves the execution of the state budget comprising 9,062.1 million lei in revenues and 8,482.5 million lei in expenses, with a surplus of 579.6 million lei. The Government will ensure the publishing of the entire report on execution of the 2005 state budget report for 2005 in Monitorul Oficial. The PPCD faction did not vote the report and criticised the Government for how it has executed the budget, accusing it of inefficient expenses (for different investments incapable to bring profit), bad management of public funds (small taxes for renting of public goods), stagnated privatisation, reduction of exports and growth of trade balance. According to PPCD, the Government is incompetent in planning the real revenues, which have been “over expectations” in the latest period.

Draft law on basic principles and mechanism regulating the entrepreneurial activity. The draft elaborated by Government was improved by the relevant parliamentary commission and experts, but a new document was presented to the Parliament and opposition lawmakers raised objections. All factions supported the general ideas of the document, but described the draft as “late” and “necessary for quite a long time.” On the other hand, the draft was criticised for not containing some elements capable to ensure a free activity of entrepreneurs, protect them against controls and interference of state authorities and bodies. The document adopted in the first reading is based on a concept allowing the Parliament and the Government only to establish primary legal regulations on entrepreneurship, joined by some independent public authorities in charge with finances, securities, tariffs and regulations regarding telecommunication, energy, etc. The normative acts in the field will be published, while the second stage of the process of revision of regulations (the so-called “guillotine” procedure) will start on basis of effective legislative acts.

Draft law on sustenance of small- and medium-sized business sector. The new law aims to substitute the Law # 112-XIII from 20 May 1994 concerning sustenance and protection of small business, an old document that requires essential changes of concept. Under the draft adopted in the first reading, the small- and medium-sized business sector will be made up of micro enterprises (with up to 9 workers, assets and annual sales worth maximum 3 million lei); small enterprises (with up to 49 workers, assets and annual sales worth maximum 25 million lei) and medium enterprises (with up to 249 workers, assets and annual sales worth maximum 50 million lei). Individuals practising entrepreneurial activity without being legal entities will be also considered subjects of small- and medium-sized business sector. The law proposes the indication of a series of enterprises which will not be covered by these provisions (leading economic agents; enterprises in which the state controls a large share; fiduciary companies, investment funds, financial-crediting institutions, exchange offices, etc. It proposes to regulate the activity of the non-commercial organisation for development of small- and medium-sized business sector. The draft contains superficial provisions on funds for sustenance of small- and medium-sized enterprises and state or local programmes aimed to support the activity of these businesses.

Draft law on modification of some legislative acts on justice. The Parliament has passed in the first reading two draft laws seeking the modification of some regulations on status and activity of the judicial system, such as: the inclusion of three civil society representatives, entitled law professors in the judge qualification college; the periodical attestation of judges, once in three years, except for the judges holding higher qualification rankings; the introduction of disciplinary sanctions such as the “early attestation” and the “reduction to a lower rank”; the prohibition of an ex officio member (prosecutor-general, head of the Supreme Court of Justice and justice minister) to head the Superior Council of Magistracy; — the detailing and consolidation of the aleatory distribution of cases and continuity; — the conduct of proceedings in another language, with the condition that applications and legal documents are issued in Moldovan language only; — the video, audio recording of sittings with immediate transcription; — the right of the court head to create specialised panels for certain cases or categories of persons; — the organisational, technical-material and financial ensuring of courts, with the specialised contribution of directorate for judicial management in the apparatus of the Superior Council of Magistracy; — the availability of judicial commission by the Justice Ministry (not the Interior Ministry as at present); — the obligation to graduate from the National Institute of Magistracy for candidates to the post of judge, with some derogations; — the establishing of conflicts of interests for candidates to the post of judge; — the needed consent of the Superior Council of Magistracy for punishment of a judge under the Contravention, Penal or Civil Codes; — the patrimonial responsibility of the state for legal mistakes and right to regress against the judge who has committed a harmful judicial mistake with bad-will or grave negligence; — the enlargement of types of disciplinary breaches; the extension of competences of the Supreme Council of Magistracy and contestation of its decisions, etc.

Draft law on completion of Article 4 of the law on healthcare. Under the document approved in the first reading, private medical-sanitary and pharmaceutical institutions will work in their private headquarters and rented hospitals, but “not in public medical-sanitary institutions.” The Ministry of Health and Social Protection motivates the interdictions through appeals and requests of state medical institutions regarding their relations with private medical-sanitary facilities, observance of some unsatisfactory influences of activity of private and state businesses in the same building and cumulating of offices by employees of these services. The document was submitted in 2004, two years after the Parliament adopted its decision # 1395/17.10.2002 on findings of a control on execution of the law on minimum state-guaranteed free medical assistance, which empowered the Government and local public administration authorities to ensure some measures aimed at an efficient use of all rooms in state medical institutions and gradual exclusion of private economic agents from these institutions. The present situation registered when the draft law was passed in the first reading reveals that surfaces larger than 170,000 square metres are not used in public medical-sanitary institutions. Most of over 600 private health facilities rent place public institutions.

Draft laws on modification and completion of the law on bar. One of the drafts passed in the first reading stipulates amendments resulting from recommendations of international organisations and justice reform strategy of Moldova. The key amendments refer to the creation of the commission for certification of the lawyer’s work by the Bar (the commission is created now by Justice Ministry with the participation of elected attorneys), registration of officers of attorneys with the bar, and enlarged competences of the commission for ethic and discipline of the bar. Another draft proposed by a parliamentarian seeks the exemption of people who served more than five years as judges or prosecutors and ended their work “from non-imputable reasons” from professional training and qualification examination. Representatives of some parliamentary factions did not warm these proposals and labelled them as “lobbyist” and “discriminatory”.

Parliamentary control. Declarations

Hearings

State of discipline and legality in army

Lawmakers have heard a report on control of military discipline and legality in the National Army. They ascertained better indicators, including on social and pecuniary welfare of military and their families, training of soldiers and military serving on basis of a contract. At the same time, the crime rate remains alarming and a higher gravity of offences committed by military is observed. Many military escape from units, while persons sentenced for contraventions and offences continue to serve in armed forces, they are promoted to post and rankings. Soldiers are rallied for private works incompatible with their status and military regulations. Many fields of military institutions and units are imperfectly used, a situation requiring a better management. The Defence Ministry acknowledges many of the invoked shortcomings and violations, but says that the army is “a mirror of society” and the situation is caused by objective and subjective factors typical to society in general. The Defence Ministry proposes the following solutions: prohibited recruitment of persons with antecedents; revision of the alternative service system, which is almost inapplicable; appropriate financing of the National Army; improvement of military record mechanism and limited issuing of identity acts to future soldiers, etc.

The examination was preceded by strong debates on correction and legality of a control based on an order of the speaker, whom the legislation does not empower with such competences. PPCD has raised most of objections, including related to control and promotion of draft decision on report, as this parliamentary faction was not represented in this control group. PPCD representatives said that the control aimed to create a negative image to the acting leadership of the Defence Ministry, but it spoiled the image of the army in general, an inadmissible situation under present conditions, when relations with the separatist authorities of Transnistria are tense.

Respect for human rights

The Parliament has heard the report of the Human Rights Centre on respect for human rights in Moldova in 2005 and a communication on activity of the Human Rights Centre drafted by the parliamentary commission for human rights. Lawmakers have adopted a decision on this report, signalling some difficulties in functioning of the Human Rights Centre caused by formal attitude of structures in central and local public administration towards appeals of ombudsmen on violation of human rights and fundamental freedoms, lack of efficient measures to ensure the financial and technical-material condition of the centre, and some faults in activity of ombudsmen regarding execution of the law on ombudsmen and provisions of the national action plan on human rights for 2004–2008. legislators invited ombudsmen to use more efficiently the right to lodge applications to the law court in order to defend the interests of petitioners; to take attitude toward violations and abuses in functioning of the judiciary system, to cooperate more actively with nongovernmental organisations that protect the human rights and fundamental freedoms; to table proposals on improvement of national legislative acts on human rights and fundamental freedoms; to strictly supervise the good functioning of democratic institutions of state, etc. The decision contains a series of instructions for Government, which will have to remedy the signalled shortcomings and to take measures to endow the centre and territorial branches.

Execution of the ECHR judgment

The Justice Ministry has replied an interpellation of Deputy Oleg Serebrian regarding the actions taken by Moldova to release political prisoners Andrei Ivantoc and Tudor Petrov-Popa, in line with the European Court of Human Rights’ judgment. The deputy justice minister told the Parliament that “the Moldovan authorities have notified the Committee of Ministers of the Council of Europe with regularity regarding the actions taken to release the prisoners,” “with the Government continuing its efforts with the purpose to fulfil its tasks by transmitting a May 15 order by prime minister that instructs ministries, departments and other state bodies to continue their efforts, including to raise this problem at meetings with counterparts from member states of the Council of Europe (CoE) and European Union (E.U.).” As regards some facilities for families of the two prisoners from Tiraspol, the Justice Ministry does not hold any information and asked other departments to present cogent data, “which are being collected and will be delivered in written form.”

Questions and interpellations

PPCD Deputy Stefan Secareanu demanded at the end of the June 15 plenary session the re-evaluation of sittings on questions and interpellations because only 23 legislators were present in the sitting hall then.

PPCD Deputy Adriana Chiriac has asked the speaker and the prime minister to stop the escorting of their automobiles with security and traffic police cars because they block the traffic and challenge negative reactions from motorists and pedestrians. She noted that traffic police escorting and official suite have spoken harshly to motorists of cars in a street of Chisinau, including Chiriac who was accompanying a foreigner. Being unsatisfied that dignitaries did not answer her question and proposal, Deputy Chiriac has asked the Ministry of Finance to report on state budget expenses for security and transport of the prime minister and speaker.

PSL Deputy Valentina Golban has solicited the Tax Inspectorate to report on activity and payment of social taxes (state social insurance taxes) by Chisinau-based large commercial enterprises in 2000–2005. Earlier, AMN Deputy Valeriu Cosarciuc has said that the main commercial enterprises based in Chisinau had paid very low taxes to the budget, declaring officially annual revenues of maximum tens of thousands of dollars.

PCRM Deputy Arcadie Pasecinic has asked the Chisinau City Hall to report on reforms in municipal structures in charge with management of dwelling place. According to the lawmaker, the municipal housing management enterprises are being closed, while the municipality is willing to transmit the administration to associations of lodgers, which are not prepared to take over these functions.

Deputy Ivan Banari has asked the Government to report on enforcement of the governmental decision on implementation of the automatic information system called State Nomenclature of Drugs adopted earlier this year. According to the lawmaker and representatives of associations of pharmacists and small business, this decision makes many small pharmacies go bankrupt because of the dear endowment needed for further activity.

AMN Deputy Alexandru Lipcan has submitted an interpellation to the prime minister and justice ministry, invoking the violation of the right to private property. Lipcan invoked some buildings of the Moldovan University of Humanities, which was lifted from licence and now the police are trying to deprive the institution of higher learning of goods that it is claiming to own legally.

PPCD Deputy Stefan Secareanu has asked the State Service for Religious Denominations to report why it delays the registration of the Diocese of South Bessarabia, which is part of the Metropolitan Church of Bessarabia. Secareanu claims that the non-registration of a component of religious denominations may gravely affect the image of Moldova, which is still monitoring for not executing completely the ECHR judgment on Metropolitan Church of Bessarabia (the Moldovan authorities should adopt a new law on religious denominations).

Another PPCD lawmaker, Valentina Serpul, has asked the minister of education and the rector of the State University of Moldova (USM) to report on education of the director of the State Agency for Constructions, Igor Semenovker. According to information held by lawmaker, Semenovker has graduated from accountancy faculty of USM, but the archives of the university do not include data to confirm that this dignitary holds a higher education diploma.

Statements

Deputy Dumitru Braghis, leader of the Moldovan Party of Social Democracy (PDSM), has read a declaration reiterating previous proposals to improve situation in economy. He raised dissatisfaction that his proposals have been turned down and accused that the entire activity of the Government, majority faction and all state structures “aims to glaze the image of the governance and to hide real information about national economy.” The PDSM leader fears that the Parliament is turning into a voting machine, without being told the economic situation, and it is attracted in promotion of projects that politicise opinions, challenge social confrontations aimed to distort the attention from urging problems of society.

PCRM Deputy Valeriu Calmatui has told the Parliament that certain opposition lawmakers try to present a negative situation only. He assured that higher gas prices will not strongly affect the national economy because the gas holds maximum 20 percent in economy. The Communist parliamentarian outlined that it will be clear what price Moldova will pay for the natural gas of Gazprom only after finalisation of negotiations and signing of a contract with the Russian giant.

PCRM Deputy Grigore Petrenco has read a statement invoking the appearance of “some forms of dangerous, anti-social extremism opposed to values of civilised Europe.” Petrenco indicated an article titled “Acum 65 de ani cerul era al romanului” (The Sky Belonged To Romanian 65 Years Ago) published in the June 23 issue of newspaper Timpul, which spreads the war and invokes the superiority of a nation over another nation. He asked the Parliament to take attitude toward this problem and to disseminate the declaration to ambassadors of CoE member states and the U.S. Embassy to Moldova.

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