The bill on the prevention and combating of corruption needs to be essentially reviewed. Some of its provisions are not sufficiently clear and contain orthography and punctuation errors, experts of the Center for the Analysis and Prevention of Corruption (CAPC), which appraised the bill, said in a news conference at IPN.
Expert Mariana Kalughin said the informative note does not contain sufficient arguments in favor of adopting this bill. The conditions that left to its drafting are not specified. There is no fundamental analysis of the provisions and their place in the system of laws, of their possible effects. The informative note also does not include reference to the EU legislation.
A number of vulnerability elements were identified in the assessment report. The types of punishment for the same violation are confounded or doubled. The new terms contained in the bill are not defined, while the formulations are ambiguous and allow misinterpretation.
The expert also said that the protection of denouncers of acts of corruption is not appropriate and the lack of guarantees in this respect can explain the low number of denouncements. The official reports show that 30% of the authorities didn’t have internal regulations concerning denouncers at the end of the first half of 2014.
“The non-ensuring of appropriate protection is a problem identified by the GRECO (Group of States against Corruption) when they assessed Moldova. One of our recommendations is to introduce clear rules that would favor the reporting by any public agent of cases of corruption and would appropriately protect these,” stated Mariana Kalughin.
The CAPC assessed the bill within the project “Vulnerability appraisal of draft normative and legal documents” that is financially supported by MATRA Rule of Law and Good Governance of the Kingdom of the Netherlands.
