print version

The Summit of the Commonwealth of Independent States (CIS) held in Chisinau was the most important event of the last week. Regardless of the views on the Summit results one thing is clear the friendship between President Voronin and President Putin is not so strong now. Despite their efforts Moldovan authorities failed to gain Russia on its side in settling Transdnistrian conflict. On the contrary, Vladimir Putin stated that Tiraspol regime was not criminal as claimed earlier on Vladimir Voronin. Furthermore, recently Russian Federation State Duma initiated the procedures of opening a Consulate in Tiraspol. The situation gets even more complicated and overturns are to be expected in the near future.

Another outcome of the Chisinau Summit is that President Putin took under his protection Ukrainian President Leonid Kucima, facing problems both on domestic and international political scene. In the recent years Kucima was supporting breakaway Tiraspol regime and that is why Chisinau authorities should be alerted by Putin's suggestion Ukraine to take over CIS presidency.

In the time period covered by the commentary the Parliament continued to ratify treaties previously concluded within CIS.

Legislative acts adopted in the final reading

I. Laws on ratifying CIS agreements.

1. Cooperative agreement on settling the problems of disabled.

   ADEPT Comment: The Agreement provides for: creating a friendly environment to the disabled; single standards for disabled rehabilitation; improving the statistics of the disabled people, etc.

   Noteworthy, Republic of Moldova ratified the agreement but formulated the reserves it had with regard to Article 1, which would be applied "in line with the national laws". Experts claim the latter partially annuls the Agreement, as Article 1 provides that parties to the Agreement undertake to promote a coordinated policy on social-medical expertise, rehabilitation of the disabled, granting them equal rights to take part in the public life.

2. Agreement on paying pensions and state insurance to the employees of the Forces Ministries of the CIS countries.

   ADEPT Comment: Under the agreement member states are obliged to estimate in line with their domestic laws and pay the pensions to the employees of the Forces Ministries who settled in the country.

3. Agreement on CIS Member States cooperation during evacuation of their citizens from the third countries in exceptional circumstances.

   ADEPT Comment: Under the Agreement a joint evacuation commission shall be set up to coordinate the evacuation plan. In exceptional cases one or more parties shall undertake the leadership and allot financial and material resources for the evacuation, which are to be later reimbursed by the other parties.

4. Agreements on fairs and exhibitions within CIS.

   ADEPT Comment: Under the Agreement the parties will establish a permanent council on CIS fairs and exhibitions with the headquarters in Moscow. A suggestion to establish a permanent exhibit of the CIS Member States at the Moscow Exhibition Complex was voiced during the CIS Summit, however the Russian part refrained from endorsing the initiative justifying by the need to conduct some preliminary estimates and draft relevant normative acts.

II. Law on requisition of goods and service in the public interest.

ADEPT Comment: The law stipulates the methods for the state to requisite from legal and natural entities real and personal estate. The law also regulates provision of services for the public good, namely recruiting certain categories of population to conduct certain works or to defend the country. Requisitioned goods shall be allocated to the national defense forces or to local government. Consumable goods shall be requisitioned for good and compensation established by law shall be paid. The law provides the types of goods subject to requisition, record keeping, compensation, etc. The law also specifies the goods, which may not be requisitioned.

III. Law on modification and completion of the Law on Supreme Court of Justice.

ADEPT Comment: Under the law, a new position Deputy Chairperson of the Court has been established. Deputy Chairpersons will simultaneously hold the position of Chairpersons of the Penal, Civil and Economic Bars.

IV. Law on the ratification of the Cartagena Protocol on biological diversity.

ADEPT Comment: The Protocol sets norms and procedures allowing importing states to oversee import and export of biologically modified organisms.

V. Resolution on approving the Concept of Migration Policy.

ADEPT Comment: The Concept specifies:

1. objectives of the migration policy;
2. principles of migration policy;
3. tasks of the migration policy;
4. policy priorities;
5. policy enforcement;
6. expected outcomes.

VI. Resolution on overseeing the enforcement of the Law on minimal free medical assistance guaranteed by the state.

ADEPT Comment: The Resolution highlights flaws in the enforcement of the law and obliges the Government, Healthcare Ministry and local government to take measures in view of:

• developing and promoting long-term healthcare strategies;
• obligatory state medical insurance;
• revising the fees for the communal services paid by the medical institutions;
• strict recording of the extra-budgetary funds accrued from the paid medical services;
• information campaign of the population with regard to free medical assistance.

Other legal acts examined in the first (not final) reading

I. Draft law on completing the Law on state regulation of the external commercial activity.

ADEPT Comment: The law is completed so as to establish a fund for promoting exports, which is to be administered by a central public body. The fund shall coordinate foreign commercial activities.

II. Draft law on military material responsibility.

ADEPT Comment: The law sets the penalties to be paid for damaging the patrimony of the military unit.