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Legislative acts

• Law annulling rises for late payments and fines. The document aims to stimulate taxpayers to honour payments to the state budget, budgets of administrative-territorial units and mandatory health insurance funds. By derogating from provisions of the Tax Code, the law annuls all rises for late payments and all fines of taxpayers who will not have debts in the record system of the State Tax Inspectorate on December 31, 2006. The parliamentary opposition has criticised this document, outlining the inefficiency of these measures (debts to the budget are still high in spite of similar regulations adopted earlier), affected principles of legality and stability (obedient taxpayers have paid penalties and higher fines for debts, while the guilty do not feel the effect of sanctions for violation of law).
• Law on modification of the 2006 state budget law. The expenditure of the state budget on all components are generally increased by 361 million lei (3.4 percent), while the deficit is expected to grow by 203 million lei. This amendment is linked to the expected execution of incomes and participation of one part of supplies of funds to the state budget this year. Other important expenses are:
  • funds for remuneration of lawmakers and functionaries of the Parliament, Government and some subordinated institutions (6.4 million lei);
  • compensation of expenses of the state-owned enterprise Registru of the Ministry of Information Development for free documentation of citizens from Transnistria, who confirmed their Moldovan citizenship (850,000 lei);
  • capital repairs and current maintenance (allocations are increased by 70.6 million lei, of which capital investments amount to 4.8 million lei only);
  • rise of the fund for financial sustenance of administrative territorial units by 21,174,800 lei (many of these funds will got to the Chisinau municipality);
  • 250 million lei is allocated to increase the statutory capital of the National Bank of Moldova (so that the statutory capital of the central bank grows dynamically, proportionally to the book-keeping totals of the bank).
  
  Certain expenditure is reduced on account of implementation of some priority projects: 4 million lei is withdrawn from the reform strategy of the central public administration and the national strategy on building of information society E-Moldova in connection with achievement of reorganisation procedures for 2007.
• Law on welfare budget for 2007. The draft was completed with a series of amendments by lawmakers and parliamentary factions in the second reading. The general amounts of incomes and expenditure were not modified.
• Law modifying the law on mode of introduction and withdrawal of goods from Moldova by individuals. It allows the reception via international post offices of objects and jewels made from precious metals and stones worth maximum 200 euros for non-commercial and non-production purposes, without paying import rights.
• Law modifying and completing some legislative acts (concerning compensation of damage produced illegally by law enforcement bodies). It improves the existing regulations of the Law # 1545-XIII from February 25, 1998 on mode of compensation of damage produced illicitly by penal investigation bodies, prosecutor’s offices and law courts, as well as relevant norms of the Code of Penal Procedure. The law explains cases, mode and conditions of patrimonial responsibility of state for the damage.
• Law modifying and completing the Law on National Bank of Moldova. The law was completed with new regulations concerning: monetary bonds; NBM capital formation (statutory capital and reserve accounts); distribution of profit and coverage of losses (half of the profit available for distribution will be allocated at the end of the year to increase the statutory capital). Opposition lawmakers said that the permanent rise of the statutory capital of NBM is economically inefficient.
• Law on completion of Article 11 of the law on healthcare. It introduces facilities for graduates from post-university medical resident education and secondary medical education who get employed in rural localities accordingly to assignment, so that they will receive the following in the first three years of work: free housing or coverage of the rent tax; a 30,000 lei single indemnity for doctors and 24,000 lei for nurses (paid in periodical instalments); monthly compensation of consumed electricity, annual compensation of wood and coal. In order to benefit of these facilities, young specialists will sign individual labour contracts with administrations of medical-sanitary institutions to which they were assigned and will be obliged to work three years in those institutions. The young specialist will pay off these amounts, if he/ she tenders resignation or if he/ she is legally dismissed before expiration of the contract.
• Law on completion of some legislative acts (technical communication interception means). It modifies the law on operative investigative activity and the law on telecommunications, in order to regulate the technical endowment procedures for interception of communications in the field of mobile telephony, electronic communications. Economic agents will create a series of facilities for special services, while these services will work in accordance with fundamental guarantees of human rights. At the same time, the related legislation was not completely modified, with the Government being told to start a legislative procedure in order to empower the prosecutor’s office with plenary competences of supervision in the field. We note that the examination of this law in the first reading has produced controversial debates, with the parliamentary opposition describing this document as abusive, capable to limit the fundamental human rights and to affect the interests of economic agents working in this area. A recent survey by the Council of Europe on this draft law indicates that “a deeper analysis of the general legal framework on use of special measures of investigation in Moldova reveals a series of general (structural) and specific faults; the proposed amendments do not tackle these shortcomings in a satisfactory manner. The existing (and proposed) regulation on special investigative measures in Moldova does not correspond to European standards.” (http://www.parlament.md)
• Law modifying and completing some legislative acts (legislation on state social insurance pensions). It was initially proposed the revision of laws that established conditions of retirement and payment of pensions to judges and prosecutors, but this situation was reducing the social protection of these categories of functionaries and was running counter international practice, some previous judgments by the Constitutional Court. The parliamentary majority turned down some special provisions requiring the recalculation of pensions for magistrates concomitantly with the rise of salaries for these categories, the way it is done now in case of parliamentarians, members of Government and other political dignitaries.
• Law modifying and completing some legislative acts (health insurance of foreigners). The law obliges foreign citizens and stateless persons to obtain health insurance for the period they stay in Moldova.
• Law ratifying some international acts. It was decided that:
  1. Moldova joins the U.N. Convention on the Law of the Sea and the Agreement on enforcement of Part XI of the U.N. Convention on the Law of the Sea. A statement proposing Moldova to affirm the “right of riparian states to adopt measures for protection of security interests, including the right to adopt national regulations,” was excluded from the draft submitted by Government. The exclusion was motivated that Moldova respect the international law;
  2. the agreement on some aspects of air services between Moldova and the European Community be ratified;
  3. amendments to Articles 25 and 26 of the Convention on protection and use of transborder water flows and international lakes be accepted.
• Draft law on modification of the Code of Penal Procedure. The draft adopted in the first reading excludes the interdictions against ensuring the measure “bail” for deliberate offences for which the law stipulates a jail term of maximum 10 years. The promotion of this draft was dictated by an ECHR judgment (Boicenco case), which indicated a discordance of treatments applied by Moldovan authorities with fundamental guarantees in the field of human rights. Democratic Deputy Vladimir Filat has released a statement in connection with this draft, highlighting the need of generally tackling the respect for human rights by Moldovan authorities, especially the use of preventive measures and inhuman treatments on persons investigated under Criminal Code.
• Draft law on mandatory health insurance funds for 2007. The document adopted in the first reading stipulates incomes and expenditures in the amount of 1,937,000,000 lei (compared with 1,527,000,000 lei in 2006). It is proposed that the mandatory health insurance premium, calculated in a fix amount in absolute value, be worth 1,209.00 lei. The first health mandatory insurance calculated in percent to the salary and other compensations for categories of payers is established at level of 5 percent (2.5 percent for employer and 2.5 percent for employee), growing by 1 percent.
• Draft laws modifying and completing some legislative acts (aimed to stimulate land consolidation). The draft adopted in the first reading seeks the modification of the law on state tax (introduction of a 5-lei tax for authentication of contracts on sale-purchase of public and private farm land, some exemptions for inheritance of fields covered by consolidation projects) and the law on methodology of calculation of tax for notary services (the quantum of the tax for authentication of assessable transactions with real estates is 0.1 percent of the value of the transaction, but not less than 120 lei; introduction of a 60-lei tax for authentication of a transaction for sale-purchase of agricultural fields from rural areas for consolidation; exemption from the tax for authentication of contracts on exchange of farm fields for consolidation purpose, etc.). Representatives of parliamentary opposition have bitterly criticised the draft, invoking information about existence of some corporate interests for its promotion, including of some economic structures affiliated to Government.
• Draft law on status of information and security officer. The document regulates the legal status of officer of the Information and Security Service (SIS) of Moldova and mode of serving within SIS. The need of new regulations in the field also results from the plan of commitments assumed in front of the Council of Europe (reformation of special services).
• Draft law on housing. It aims to regulate the appearance, exercising, change, termination of the right to possession, use, holding of residence from housing fund; record of dwelling fund; use of residences from private dwelling fund and other types of dwelling funds on basis of location contract or other legal grounds; reconstruction of dwelling fund; ensuring integrity, technical service and renovation of dwelling fund; payment of tax for use of residence and communal services; evacuation of citizens from dwelling fund, etc.
• Draft law approving regulation on military discipline. It aims to regulate the military discipline, obligations of the military for maintenance and respect of military discipline, types of rewards, disciplinary punishments, rights of commanders (heads) to apply them, mode of submission and examination of proposals, demands and appeals of military.
• Draft law on regional development in Moldova. The law defines the functional development regions in Moldova, mode of interregional cooperation, institutional framework, specific tools of regional development policy and indicates the resources needed for creation and functioning of regional development areas in Moldova. The planned regions are: North, Centre, South, ATU Gagauzia, Chisinau municipality and Transnistria.

Parliamentary control. Statements

Questions. Interpellations

Deputy Vitalia Pavlicenco has demanded explanations regarding legality of a circular letter by Prosecutor-General’s Office seeking control on activity and financing of nongovernmental organisations by territorial prosecutor’s offices. She has also requested the Superior Council of Magistracy to assess the legality of a decision by the Supreme Court of Justice, which revised a final and irrevocable decision passed by the same court several years ago.

Our Moldova Alliance Deputy Vasile Grozav has invoked abuses committed in the process of implementation of amendments that ban some activities based on entrepreneur’s patent and asked the Government to provide ample information about measures taken in this field.

Communist parliamentarian Ludmila Borgula has asked the prime minister to report on use of medical and biological waste in Moldova.

Social Liberal Deputy Igor Klipii has asked the Ministry of Foreign Affairs and European Integration (MFAEI) to explain the diplomatic scandal produced by groundless convocation of Romanian ambassador to Moldova by MFAEI in order to be warned over conduct of some persons who do not represent public institutions of Romania.

Social Democracy Party Deputy Dumitru Braghis has appealed to Moldovan president to report on agreements reached with Russian president at the CIS summit in Minsk.

Christian Democratic Deputy Ion Varta has asked the Government to report on measures taken to reduce the coal price and to resolve the problem of supplying citizens and institutions with coal in the heating season of the year.

Democratic Deputy Valentina Buliga has appealed to ministries in charge with social affairs and public health system to report on their cooperation with civil society organisations, signing of cooperation agreements between these structures.

Deputy Valentina Cusnir has asked the executive to report on efficiency of technological machine and tractor stations created in the past years. He invoked cases when such enterprises went bankrupt or shut up because of inefficient management.

Social Liberal Deputy Igor Klipii has proposed the Parliament and its leadership to take an attitude toward anti-corruption fight, invoking some accusations brought by Moldovan president against parliamentarians and findings of surveys that respondents regard the chief of state as a corrupt person. Klipii’s appeal was turned down.

Statements

Our Moldova Alliance (AMN) leader Serafim Urechean has released a statement on inadequate implementation of the European Union — Moldova Action Plan, invoking shortcomings signalled in a recent report on this issue by the European Commission. The AMN faction has also launched a statement describing the conduct of Moldovan president as unconstitutional, as Vladimir Voronin told a national conference against corruption that the justice, associative sector, religious denominations are most corrupt and accused parliamentarians of avoiding a concrete approach of actions against “big corruption”.

Deputy Vitalia Pavlicenco has enunciated a statement on the world day against corruption, saying that the adoption of some amendments on exemption from taxes for operations with agricultural fields and real estate by Parliament reveals some lobbyist and corrupt interests of certain representatives of the state power.

Social Liberal Deputy Oleg Serebrian has presented a statement on relations between Moldova and Romania in the perspective of the forthcoming integration of the neighbouring state in the European Union. Another Social Liberal deputy, Igor Klipii, has read a statement criticising the attitude of the Government toward municipal broadcasting, intentions to privatise the TV channel Euro TV and the radio channel Antena C. According to the statement, arguments invoked for these actions are not cogent, while reforms are promoted subjectively, for political purposes.

Christian Democratic Deputy Gheorghe Susarenco has presented a statement on public broadcasting, replying to intention of the parliamentary majority to annul the provisions of the Parliament’s Regulation that oblige the live broadcasting of plenary sittings of legislature and decisions of the Chisinau Municipal Council to privatise the municipal radio and TV channels. Susarenco described these actions as political, aimed to limit the information of public opinion about real situation in Moldova. Also, the parliamentarian recalled that the reorganisation of state press and broadcasting was part of the ten conditions raised by the Christian Democratic People’s Party when Vladimir Voronin was elected chief of state.

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