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IPN: Review of Official Gazette, issue of 19.01.2018


https://www.ipn.md/en/ipn-review-of-official-gazette-issue-of-19012018-7978_1039484.html

Today we start to enumerate the documents published in the O.G. with a law that was long-awaited, especially by the young people: Law concerning measures to implementing the state program “First House” (No. 293, December 21, 2017), pages 54-55. The goal of the law is to create a legal framework for implementing this important program designed to facilitate the access of private individuals to home loans that are partially guaranteed by the state. The applicants must meet a number of conditions, including to be citizens of Moldova who work in the country, be younger than 45, have incomes for paying interest on the loan and others. The own contribution will be 10% of the purchase price of the home, which must not be higher than 1 million lei. The home loan is repayable in 25 years, if the beneficiary does not repay the loan beforehand, and must be paid off before the official retirement age.

To facilitate the implementation of the program, on the Government’s initiative the lawmakers amended (by Law No. 294 of December 21, 2017), pages 55-56, a series of documents that regulate the taxes for authenticating contracts for selling and purchasing houses and apartments within the aforementioned program and the honorarium of bailiffs for selling the mortgaged/secured property at the request of the mortgagee, and the methodology for calculating the payment for notarial services.

In order to adjust the Nationality Law No. 1024 of 2000 to the Constitutional Court’s judgment of October 6, 2015 on the constitutionality of provisions of the given law, Parliament adopted the necessary changes to this law (No. 132, December 21, 2017), pages 8-10. Thus, there were specified the decedents up to the third degree when applying for nationality by recognition and introduced new norms on the nationality of the child born on Moldova’s territory to parents who have the nationality of another state or one of these is a stateless person or a beneficiary of international protection, while the other one is a foreigner. The law takes effect on April 19 this year. Until then the Executive is to adjust its regulations to the given law, including the regulations on the obtaining and loss of Moldovan nationality.

The O.G. also provides the readers with several acts concerning the international relations of our country. As it is known, on March 2, 1993, Moldova became a party to a number of international conventions, including the Convention on the Contract for the International Carriage of Goods by Road. By Law No. 275 of December 15, 2017, pages16-24, Parliament decided to subscribe to the Additional Protocol to the CMR Convention concerning the Electronic Consignment Note that is designed to facilitate the making out of such notes using information technology. Thus, Moldova joined 13 European states to strengthen mutually advantageous cooperation relations in the area of international carriage of goods by road.

There is also the Law to ratify the agreement on readmission of persons between the Government of the Republic of Moldova and the Cabinet of Ministers of Ukraine (No. 276, December 15, 2017), pages 24-33. The agreement is a major objective of the Association Agreement with the EU (Moldova has now ten such agreements with third countries) and was signed with the aim of fighting illegal migration between the signatory parties. The O.G. also contains the Law to ratify the protocol to implement the agreement on readmission of persons between the Government of the Republic of Moldova and the Cabinet of Ministers of Ukraine (No. 277, December 15, 2017).

The division “Acts of the Constitutional Court of the Republic of Moldova” contains the Judgment of October 17, 2017 on the interpretation of provisions of Article 98, paragraph (6) of the Constitution (non-fulfillment of the constitutional duties by the President), and the Court’s appraisal of October 20, 2017 on the circumstances that justify the suspension of the President of the Republic of Moldova from office so that a minister could be named by an acting President. This is an unordinary case and the Court resorted to such a move for two more times.

The Court of Auditors of the Republic of Moldova adopted a significant decision concerning the Audit report on the quality of air in the Republic of Moldova (No. 65, November 30, 2017), pages 87-109. This says that the quality of air in Moldova is a reason for concern, especially amid the pollution risks generated by the developing economy.

An important Government decision published in the O.G. is the decision to approve the food safety strategy for 2018-2022 (No. 1 150, December 20, 2017), pages 110-130. This is an all-inclusive document with very ambitious objectives, analyses and detailed prognostications designed to ensure the implementation of the principle “from pitchfork to fork”, which includes all the stages of the food chain, from production of fodder for animals, health of plants and to primary production, transportation, sale, import and export of food. The primary responsibility for the safety of food in the process and for implementing the relevant legislation is borne by the operators from the food industry and not only.

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