Legal Commentaries
Parliament Activity during 9-13 June 2003
17 June 2003
During this period, the Parliament heard the Government report on the implementation of the 2002 plan of activities, as well as the Finance Ministry report on the execution of the 2002 state budget. The parliamentary majority has appreciated as satisfactory the results achieved by the Government last year, and the opposition representatives regarded the presented figures as blown up, the economic success being considerably undermined by the increase in prices and the inefficiency of the economic policy of the executive.
Apart from the political problems, a number of legislative acts have been examined, the most important being in the field of education.
I. Decision on determining the strategic priorities for the development of science
ADEPT Comment: The adopted Decision obliges the Government, together with the Academy of Science and the Supreme Council for Science and technological Development to submit to Parliament proposals on drafting the strategic priorities for the development of science in Moldova.
The need to set such priorities has been determined by the increase in the number of PhD projects and the lack of theoretically founded and practically applicable research. Via this Decision, the Parliament decided to speed up the process of enhancing the scientific field and capitalise on the current scientific potential.
The Decision was adopted regardless of the fact that in the field of scientific research there are already a number of legislative acts, of which the most important are the following:
- Law no. 557-XIV of 29.07.99 on State Policy on Research and Development, which regulates the development and promotion of state policy in the field of scientific research and technological development, as well as the relations between the subjects of research and development, the public authorities and the beneficiaries of the results of the activity in this sphere, defines the role of the state in encouraging research and development as a national priority for sustainable economic development, better welfare and higher quality of life.
- Decision of Parliament no. 1401-XV of 24.10.2002 for the Adoption of the List of Priority Fields of Research and Development for 2003-2010, funded from the state budget, whereby the following priority fields of research and development:
- Fundamental research in mathematics, real, technical, economic, social and humanistic sciences.
- Sciences of life and human health.
- Agricultural science and food security.
- The relaunch and social-economic development through innovation and technological transfer.
- New materials and advanced technologies.
- Energetic systems, alternative sources of energy, the efficient processing and utilisation of energy.
- Information technologies, electronics and communications.
- The functioning of ecosystems, biodiversity and rational use of natural resources.
- The historical and cultural patrimony of Moldova.
By adopting this new paper, the deputies qualified their own decision adopted a year ago as imperfect and including too general provisions, and requested the specialised panel to make a list of Government suggestions on enhancing the field.
II. Law on the Amendment of the Law on Education
ADEPT Comment: As compared to the text adopted in the first reading the deputies put forward a series of amendments, whereby they specified the terms of studies and the conditions for admission at secondary schools, and they established the method of appointing the directors of private education institutions (by founders, in co-ordination with the Ministry of Education).
It needs to be reminded that upon the adoption in the first reading of these amendments, many deputies regarded them as inopportune and likely to disturb the process of secondary and special education.
III. Law on the Amendment of the Nomenclature of Specialities for the Training of Higher Education Personnel
ADEPT Comment: Via this law, the Nomenclature has been added the following profiles and specialities: "Bioengineering", "Applied bioengineering", "Cellular biology and biotechnology" and "Biomedicine".
IV. Report on the Execution of the 2002 State Budget
ADEPT Comment: According to the report, the state budget was executed at in terms of revenues in the amount of 3,371,187,800 lei and in terms of expenditure in the amount of 3,555,603,500 lei, and registered a deficit of 184,415,700 lei.
Upon the examination of the report, it was noted that the commercial deficit has increased and that this trend has persisted over the past years and that the imports have exceeded exports by dozens of millions of US dollars.
Also, the shortage of means allocated for capital investments was noted, as well as the unsatisfactory utilisation of the few means allocated from the budget for that purpose.
Among the main tasks of the Government and the Ministry of Finance in terms of budget execution, the need to increase returns from domestic taxes, enhance financial discipline and abolish fiscal evasion was stated.
V. Law on Cancelling the Debt of the joint Stock Company "Moldova-Gaz" to the State Budget
ADEPT Comment: Via these amendments, it was determined that the VAT will not apply on the imports and supplies of natural gas by "Moldova-Gaz" to "Tiraspoltransgaz" Ltd., which does not have any relation to the budget system of Moldova.
Also, the debt of "Moldova-Gaz" to the State Budget on VAT for gas imports during 2000-2002 and later supplied to "Tiraspoltransgaz" have been cancelled. The amount of "Moldova-Gaz" debts is estimated at over 90 million lei and was not paid by the economic agent based in Transdnistria because it had made all payments directly to the Russian "Gazprom", which owns the majority package of shares of "Moldova-Gaz".
It is to be reminded that recently the deputy chairman of "Gazprom" showed discontent with the activity of the Moldovan enterprise and its losses and requested either to increase the tariffs on the gas supplied to Moldova or to reduce the transit tariffs for the gas transported through Moldova.
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