Legal Commentaries
Parliament Activity Review April 7-11, 2003
April 15, 2003
One may realize that the electoral campaign has started not only because of the frequent declarations made by politicians, but also because of the increased attention to the electorate. Thus, the number of meetings with the voters has increased, as has the number of charitable events.
The Parliament itself is likely to be affected by this tendency. Thus, lately the Parliament has focussed less on examining legislation but rather focussed on public debates.
I. Law on completing the law on state budget and exemption wine distillates from customs fees.
ADEPT comment: The law entitles Customs Department to extend by 4 months the deadline for the payment of excises and other related fees on wine distillates imported for the cognac production. Modifications have been operated to the law due to the significant increase in the demand of Moldovan cognac on the foreign market, and the shortage of distillates for its production. The said modifications would allow for the production of 500,000 decaliters of cognac in 2003 and 600,000 in 2004.
II. Law on exempting "Industrialporiect" Institute from VAT and penalties.
ADEPT comment: In 1995-2001 the Institute was forced via a Government resolution to cede one of the building in its property to the Information Technology Department. However at that time Fiscal Code provided for binding calculation of VAT tax on any transferring. Later controls showed that the Institute failed to comply, consequently considerable penalties were applied.
Thus not only the Institution had to transfer free of charge one of its buildings it had also had to pay for it. Later on, the said provision was excluded from the Fiscal Code, nevertheless it was not possible to apply it retroactively. That is why it was necessary to adopt another law that would exempt the institute from the penalties incurred.
III. Law on the recording information system of crimes and criminals, passed in the first reading.
ADEPT comment: The law regulates the formation and operation of the recording information system of the crimes and criminals. In addition the system will also record court hearings and investigations on the registered cases. The law provides for:
- general notions;
- principles of system creation and operation;
- organizing a unified recording system;
- rights and responsibilities of or relevant persons.
According to some preliminary assessment, the enforcement of the law would not require any additional funds, as it is already in use in the Ministry of Home Affairs. The only thing necessary is to legalize it in compliance with Constitutional and legal provisions on human rights.
IV. Law on modification of the Law on Licensing, adopted in the first reading.
ADEPT comment: Under the law, a license should be received for industrial fishing in Dniester and Prut rives, as well as for transportation services.
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