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IPN: Monitor of Official Gazette, 01.12.2017


https://www.ipn.md/en/ipn-monitor-of-official-gazette-01122017-7978_1038538.html

Today, the Official Gazette (No. 421-427) contains other regulations awaited by our diaspora – Law to ratify the agreement on social security between Moldova and Turkey (No. 220, October 27, 2017). The given agreement, signed on May 5, 2017, is based on the European principles defined in the regulation (EC) No. 883/2004 on the coordination of social security systems. The agreement benefits the Moldovan citizens who live and/or work in Turkey, including employees, freelancers, personnel of the diplomatic service, and also their relatives in Moldova.

The amendments made to Law No. 192/1998 on the National Commission for Financial Markets (No. 221, October 27, 2017) underline the necessity of presenting, together with the annual report, a report on the fulfillment of the budget of the entity so that the use of the earned money and its distribution could be monitored in the future.

The Parliament Decision on the 2016 report of the Court of Auditors concerning the administration and use of public financial resources and public property (No. 234, November 16, 2017) contains an alarming conclusion: the recommendations of this important inspection body are improperly implemented by the audited entities, mainly the local public authorities. In this regard, the Government is to initiate the necessary changes in the regulations to remedy the situation.

The O.G. also informs that 15 persons obtained Moldovan nationality, while another 15 persons regained Moldovan nationally (by presidential decree). A decree on the renouncing of Moldovan nationality is also to be issued.

Of interest to the general public is the Constitutional Court’s judgment on the examination of the constitutionality of articles of the Labor Code and the Railway Transport Code and Government Decision No. 656 of June 11, 2004 concerning the approval of the Nomenclature of units, sectors and services whose employees cannot go on strike. The Court partially admitted the application submitted by People’s Ombudsman Mihail Cotorobai, ruling that the invoked articles are constitutional, while the Government Decision is constitutional only when it refers to particular persons. Thus, not all the employees specified in the Nomenclature cannot go on strike, but only:
a) persons with responsible posts in the central public authorities;
b) employees whose functional duties include the ensuring of public order, rule of law and state security;
c) judges of courts of law.

The O.G. (pages 48-104) allotted a wide space to the Court of Auditors’ Decision concerning the Report on performance auditing “Efficiency of economic-financial management and administration of property by enterprises that provide water supply services for the population” (No. 43, September 22, 2017) and the related report. The addressed problem is vital for the population as there were identified multiple weak points and also those who should remove these.

Even if the O.G. does not contain the draft state budget law and relisted laws, the Government Decisions on the approval of the 2018 draft state budget law (No. 1006, November 21, 2017), draft mandatory state health insurance funds law (No. 1007, November 21, 2017) and draft state social insurance budget law (No. 1008, November 21, 2017) are very important. The draft state budget law for 2018 is based on an economic growth of 3%, an 8% increase in exports and a 6% rise in imports. Under the document, the state budget revenues will total 36.6 billion lei, an increase of 8.4% compared with the rectified state budget for 2017. The rise in revenues is mainly due to the larger amounts that will be collected as taxes and duties and as grants. The grants will total 2.8 billion lei, up 1.6 million lei on this year. The state budget expenditure will total 41.3 billion lei, an increase of 9.3% compared with the rectified state budget for 2017. The costs will rise amid the planned salary raises, the rise in pensions and due to other measures that will be taken in the social protection and education spheres. Parliament is to now adopt the given documents.

The Government also made very important supplements to the Regulations concerning the replacement of criminal punishment with community service (No. 1643/ December 31, 2003). Indubitably, the practice of community service is beneficial both to communities, where there is a shortage of labor force, and to persons who did something wrong. Work makes a man nobler!

A special Government Decision (No. 1016, November 23, 2017) was approved to adjust the national frameworks of Moldova to the European Qualifications Framework (EQF) and the Qualifications Frameworks in the European Higher Education Area (QF-EHEA) and to indirectly correlate them with the national qualifications frameworks of other states. The Ministry of Education, Culture and Research will be responsible for designing, managing and permanently updating the National Qualifications Register, which will be made public, in electronic form, on the Ministry’s official website.

Those interested can also familiarize themselves with other important documents adopted by the central authorities.

For conformity, Monitor of Official Gazette

P.S. In the current issue of the Official Gazette (and not only), we can see a different practice of using the letters “â” and “î” (read in English as “y”, as in the case of “Grecheanyi”) to express the same sound in the word “hotărâre/hotărîre” (decision), for example. The variant with “â” is used by the Constitutional Court and the Court of Auditors, while the Government and Parliament insist on the formula with “î”. Isn’t it time to reach a consensus on this strictly linguistic issue?