Activity of the Parliament on March 1–15, 2008

Legislative acts

Law on protection of inventions. The law establishes the framework needed to enforce international and community acts in the area, stipulates rights and obligations related to development, legal protection and exploitation of inventions. According to the document, rights on inventions are awarded and protected in Moldova under a brevet issued by the State Agency for Intellectual Property.

Law on transplantation of human organs, tissues and cells. It creates the legal regulatory framework on transplantation of human organs, tissues and cells, except for reproductive organs, embryonic or foetal issues, cells and organs, blood and derivatives. It stipulates the creation of the Transplant Agency, which will be controlled by the Ministry of Health and funded from state budget.

Law on ratification of the May 16, 2005 Council of Europe’s Convention on the Prevention of Terrorism. The ratification of this document is also stipulated by the European Union — Moldova Action Plan (EUMAP). Its ratification will strengthen efforts against international terrorism and other related crimes, promote a positive international image of Moldova. The convention will enter into force for Moldova the first day of the month following a three-month term after the adoption of the law on ratification.

Law on completion of Article 7 of the law on social protection of people affected by the Chernobyl disaster. It introduces a monthly pecuniary compensation for participants in the cleanup of consequences of the Chernobyl disaster to purchase food products that help eliminating radionuclide from their bodies. According effective norms, such food products cost about 850 lei per person and month, and 2.3 million lei will be additionally needed from the state budget a month (more than 28 million lei a year) to implement these provisions.

Law on modification and completion of the Code of Criminal Proceedings. Amendments aim to ensure the implementation of the law on international legal assistance in criminal matters and they concern provisions on extradition institution and other international legal assistance forms.

Law on modification and completion of the Execution Code of Moldova. Amendments stipulate the right of legal executor to restrict debtors from leaving the country for a certain term.

Law on completion of the law on procurements. Under amendments, the law on procurements will not be applied any longer in the field of contracts on printing of banknotes and issuance of coins and their carriage.

Law on modification of Article 24 of the Law on Government. The Ministry of Industry and Infrastructure was dissolved under this law.

Draft law on public function and status of public functionary. It stipulates duties of the public office, in particular, issuance of policy documents; elaboration of draft normative acts; enforcement of normative acts; elaboration of documents on enforcement and execution of normative acts; internal and external public control and audit; management of human resources in public service; planning, management and control of public funds; fiscal management; representation of interests of public administrations represented by public functionaries. The law will not be applied on public dignitaries; personnel recruited on basis of personal confidence in cabinet of public dignitaries; personnel of public administration in charge with secretariat, protocol and administrative duties, etc. Under the law, persons who “hold the citizenship of Moldova only” may bid for public offices.

Draft law on weaponry, ammunitions, explosive materials and substances. It regulates legal relations related to manufacturing, introduction and withdrawal from country, carriage, holding, arm possession, repairing, evaluation, bonus operation, rejection, other operations with weapons and ammunitions authorised in Moldova performed by individuals and legal entities; preparation, manufacturing, testing, holding, delivery, carriage, storage and use of explosive materials, substances and pyrotechnical products by individuals and legal entities. The law does not cover the regime and operations with military weapons, ammunitions, explosive materials and substances for armed forces, owned by state, administrated or used by Interior Ministry, Defence Ministry, Department of Penitentiary Institutions of the Ministry of Justice, Prosecutor-General’s Office, Centre for the Struggle Against Economic Crimes and Corruption, Information and Security Service, Border Guard Service, State Guard and Protection Service, Customs Service; nuclear weapons, ammunitions and explosive substances.

Parliamentary control. Statements

Hearings. Motions

The parliamentary majority has turned down a new initiative by the opposition (representing DPM, NLP, OMA, and LDPM) to organise hearings on the Transnistrian conflict.

Questions. Interpellations

Following a working sitting convoked by Parliament chairman, it was decided that the budget of the judicial system will be adopted under a Parliament decision starting 2009. The Superior Council of Magistracy jointly with the Ministry of Finance and Ministry of Justice will elaborate a draft budget of the judicial system for 2009 and will submit it to the Parliament, in order to approve it by the end of the current session.

Note by ADEPT: This idea is not an innovation but a try to respect the effective legislation for about 13 years:

Under Article 121 (1) of Constitution, the Parliament approves the funds for law courts and they are included in the state budget.
Article 22 (1) of the Law # 514/1995 concerning judicial organisation stipulates that the Parliament approves the funds needed for a normal functioning of law courts, at the proposal of the Superior Council of Magistracy, and they are included in the state budget.
Article 4 (4) of the Law # 947/1996 concerning the Superior Council of Magistracy stipulates that the SCM is in charge with examining, confirming and recommending draft budgets of legal courts.

There is an unanswered question: why authorities do not want to respect norms of the laws they adopt? Although these norms are effective at present, their unclear formulation allows an interpretation and implementation accordingly to the general procedure: the Ministry of Finance recommends the budgets and it may accept or turn down demands, while the Government makes a final decision in this respect. The Parliament is constrained to modify them in the limits recommended by Government, and any rise requires a respective financial coverage but the Parliament lacks it. It was already observed that in spite of exclusive prerogatives, the Parliament cannot approve alone its own budget, and its size approved by the Permanent Bureau or legislature is reduced much in the draft budget adopted by Government. In all likelihood, the budget of the judiciary will have the same fate: the approved amount will not cover the needs and will be much smaller than demanded by SCM.

PCRM Deputies Vladimir Dragomir and Elena Bodnarenco have asked the Prosecutor’s Office to tell the Parliament the findings of investigations on privatisation of the Teodosiu Manor and sanctioning of the guilty persons, as well as to report who was chairing the Privatisation Department in the period concerned and if that person abused of authority in other cases.

Statements

The OMA faction has released a statement invoking corruption elements in sports management area. It indicated sports facilities which were not finished or were not completely renovated, others are replaced or there are plans to build trade centres instead of them. In particular, it denounced a recent governmental project on reconstruction of the Republican Stadium, clauses of an ante contract signed by Government, which guarantees some profitable affairs (construction of a trade centre; construction of two residential blocks and superposed parking sites; free granting of a 50-hectare supplementary field). These rights are granted in exchange for an investment of about 35 million euros, but this is a derisory price which damages public interests.

Another OMA statement accuses the PCRM of attempting on national dignity, promoting a false patriotism and says that the judiciary, prosecution and SIS are under the direct control of chief of state and the European integration has been a simulated option for seven years.

The CDPP faction has released two statements, with the first reiterating accusations against LDPM chairman Vladimir Filat regarding bribery of representatives of other parties and manipulation of public opinion. The March 7 statement repeats questions to law enforcement bodies, in particular, who finances the LDPM and what will be the impact of dirty money on political life? The second statement (released on March 13) demands the re-examination of the 1999 aircraft deal which involved Vladimir Filat. It says that a report by the investigative commission (created under the PD # 163-XIV from 15.10.1998) has found out that Vladimir Filat, who headed the Privatisation Department in the period concerned, violated the legislation. As law enforcement bodies did not take all necessary measures in that period, the CDPP asks the Prosecutor-General’s Office to check why necessary investigations did not begin.

Deputy Vladimir Filat has released a statement seeking parliamentary hearings on elaboration and implementation of European integration policies and an efficient and serious control on fulfilment of Moldova’s commitments.

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