The draft law on the National Intelligence Service of Moldova and the draft law to amend and supplement the law on the status of informant and intelligence officer will generate additional costs that are to be covered from the state budget, but the author of the bills does not specify where this money will be taken from. This is one of the conclusions of the experts of the Center for the Analysis and Prevention of Corruption (CAPC), who analyzed the legislative initiatives from the perspective of the human rights.

CAPC expert Viorel Parvan, in a news conference at IPN, said both of the bills generally obey the constitutional and international norms. However, some of the aspects of the initiatives run counter to the case law or decisions of the Constitutional Court. The legislative initiatives would generate additional costs that are not planned in the state budget. The bill on the National Intelligence Service provides for the payment of allowances to persons who cooperate in a secret way with the Service. In the case of the death of these persons, a death benefit of 60 monthly salaries will be provided. The author of the bill determined that 360,000 lei per person will be offered in such a case.

The implementation of the bill to amend and supplement law No. 170-XVI of 19. 07.2007 concerning the status of information and intelligence officer also implies a series of costs.

About 4 million lei a year is needed to pay health allowances to security and intelligence officers. A monthly allowance is paid to these officers when these are sent to work in other settlements. A sum of 650 lei a month is also paid to each member of these officers’ family.

In this connection, the CAPC expert reminds the Constitutional Court’s provision stipulating that any change or amendment that envisions budget costs must be accepted by the Government. The costs for these legislative initiatives haven’t been yet endorsed by the executive.

Viorel Parvan said the norms provided in these bills will remain only declarations until the financing sources are not specified. “The state is obliged to provide this category of population, but in the absence of financial resources and if it is not indicated where this money will be taken from, these norms will not be implemented,” he stated.

He also identified other venerability factors in the mentioned bills. Thus, the bill on the National Intelligence Service stipulates that among the Service’s duties are to prevent, identify and ascertain such offense as organization of illegal migration that harms the image of the state at external level, but it is not defined what harm to the state image at external level is and such an offence does not exist in the Penal Code of the Republic of Moldova.

According to the CAPC expert, the implementation of these two bills without making the necessary changes will insufficiency ensure the principles of transparency, participation and responsibility.