Law on checking incomes of functionaries is non-functional: experts, law-enforcers agree

The law on declaring and checking incomes and properties of state dignitaries, judges, prosecutors and public servants is not functional. The conclusion is shared by both corruption fighting authorities and independent experts. The functionality and quality of the anti-corruption legislation was discussed Friday at a sitting of the investigative journalists club, Info-Prim Neo reports. “The law on declaring incomes and properties is not functional. Although approved back in 2002, its effects are not felt 7 years later. It's goal is noble, but it does not work. If the law were efficient, the level of corruption in this country would be lower,” said an expert of the NGO “Corruption Analysis and Prevention Center” (CAPC), Cristina Cojocaru. The law provides that the functionaries should declare their properties, only if their value exceeds 50,000 lei. The expert says the threshold should be lowered. The state dignitaries and servants shall declare their shares in joint stock companies, under law, but not in other types companies. The functionaries declare the type of their cars, but not the number plates. The experts add that the checking commissions have a very short time to check the statements. An expert with Transparency International – Moldova, Efim Obreja, says the mechanism of checking the declarations is imperfect. Under law, the statements shall be lodged with the checking commissions, which send them to the Economic Crimes and Corruption Combating Center (ECCCC), only if they find irregularities. Anti-Corruption prosecutor Viorel Morari tells from his practice that most of the public servants own cars and real estate registered on other persons, which are not public functionaries. He says it's impossible to punish a servant for stating incomplete information as long as it is truthful. Money transfers from abroad are often not declared by dignitaries. “The law on stating incomes is not bad, but very bad,” said a top officer of the ECCCC, Radu Cotici. “The mechanism of checking the declarations is absolutely not functional. The blank the servants fill in offers insufficient information to check their exactitude. At the same time, the ECCCC cannot check the information if it is not notified. The members of the checking commissions are not interested in thoroughly checking the declarations because they are not remunerated. Neither do they have access to the necessary data. “However, there is political will to change the situation. President Vladimir Voronin raised the issue at sitting of the National Commission for European Integration. A working team of experts suggests to modify the law integrally,” said Radu Cotici. The sitting of the investigative journalists club is part of the Strengthening Civil Society Monitoring Capacity in Moldova (SCSMCM) Program, implemented by the Academy for Educational Development (AED) with technical assistance from the International Research & Exchanges Board (IREX). The SCSMCM program is funded by the Millennium Challenges Corporation (MCC) and managed by the US Agency for International Development (USAID) within the framework of the Country Threshold Program (CTP) for Moldova.