Legal Commentaries
Parliament activity review November 26-30
December 6, 2001
Except for the Community of Independent States Summit, and the agreement between Moldova and Russia on the gas supply and debt restructuring, Moldovan foreign policy was marked by several failures. Thus, Ukraine avoids cooperation with Moldova as far as joint border customs, the only communication is through Ministry of Foreign Affairs. Furthermore, Romanian President councilor announced that President Iliescu has a very busy schedule and wouldn't be able to visit Chisinau, despite the fact that President Vladimir Voronin himself, announced the visit earlier on during a press conference.
As for the Executive, this week was marked by Government reshuffles, sanctions applied, even lay offs of some high rank officials. Later during the week, at the "Government Hour" in Parliament, deputies criticized several Ministers and recommended them to change their rapport with the Parliament.
This week, Parliament resumed its main activity passing legislation, thus moving away from politics. In a record time and without too many debates, the budget for year 2002 was adopted in the third reading during a special plenary session. In a similar manner, the Law on Social Insurance Budget for year 2002was adopted in the first reading.
I. Laws examined and adopted
1. Law on modification of Article 10 of the Law on Petitions
ADEPT comment: The President of the Republic of Moldova came with the initiative for the anonymous petitions to be examined. The amendment raised a lot of controversy when it was discussed in the first reading in Parliament. During the final reading, deputies agreed that only petitions regarding events that pose a threat to the state security will be examined. There is no definition of the "state security" it could be deduced from the Law on the State Security and Law on the State Secret. Consequently, it might well happen that a public servant might interpret any petition either as pertaining to state security or as an ordinary matter.
2. Law on modification of Article 2001 of the Code of Administrative Offence
ADEPT comment: The amendment specifies administrative liability for electioneering on the day preceding the elections. Previously, such a liability referred solely to electioneering on election day.
3. Law on completing Article 51 of the Law on the Local Public Administration
ADEPT comment: The amendment broadens the responsibilities of the mayoralty secretariat to include notary functions, which are stipulated in the Law on the Notary. As it was stipulated in the first draft, secretaries of the mayoralties could have performed notary responsibilities. This is inadmissible and was the subject of ardent debates in Parliament.
4. Law on modification and completion of legal acts regulating the quality of goods and drinking water
ADEPT comment: This law is aimed to ensure the enforcement of the Law on drinking water. It also introduced administrative and penal sanctions for the violation of the legislation on quality of tap water, preserving water sources and consumer protection.
5. Law on modification and completion of the legal acts regulating entrepreneurial activity
ADEPT comment: This law prohibits entrepreneurs (except for farmers, individual companies and license holders) to make transactions in cash exceeding 5,000 MDL per month. Also the law allows relevant bodies to sanction the entrepreneurs violating the law.
II. Legal acts adopted in the first reading
1. Draft law on the social security budget for year 2002
ADEPT comment: The draft law provides a budget of 1,835,016 MDL, a 20% increase as compared to the Social Security Budget for 2001. It also envisages a reduction of the social security quota from 31% to 29%. At the same time it envisages a quota increase for the owners of agricultural lands 1.7 MDL/hectare. Overall, the social security budget includes 5 funds, out of which the following will be covered: pensions, allowance for families with many children, work injury and professional disease insurance, unemployment indemnity, employees' benefits.
2. Draft law on declaration and control of the assets of high rank officials, judges, prosecutors and public servants
ADEPT comment: The draft specifies who and what has to declare, obligation to declare, content, form and term of submitting the declaration, bodies entitled to collect the declarations and bodies entitled to verify the declarations, non-disclosure of information, transparency, etc.
As the draft provides guarantees of non-disclosing information, some opposition deputies initially opposed the draft. Though, finally all the deputies voted in support of the draft.
3. Draft law on modification and completion of the Code on Legal Offence
ADEPT comment: The draft provides tougher liabilities for breaching laws on labor and employee security.
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