Violation of right to free organization or trade union association will not be punished

The draft law that stipulates amending the Penal Code and the Code on administrative contraventions in order to settle responsibility for violating the right to free organization or trade union association, and breaking the law on trade unions was rejected by the communist deputies of the Parliament of the Republic of Moldova. The draft law was proposed by the MPs of the Democrat Party. The draft law settled a fine of 200 to 400 conventional units or 2 years imprisonment for violating the mentioned-above right, breaking the law on trade unions or other normative acts on trade unions. For the same infringement, committed in aggravating circumstances, the draft law stipulated imprisonment from 3 to 8 years. As well, the draft law included introducing an article into the Code on administrative contraventions, which stipulated that infringements committed by persons with responsible positions, aiming to obstruct the rights and guarantees regarding the trade union activity, is punished with a fine from 75 to 150 conventional units. MP Dumitru Ivanov, one of the project’s author declared in the Parliament that the legislation in force stipulates responsibility for the mentioned-above infringements, yet the legal framework that would ensure responsibility for the persons found guilty is not stipulated. Because of its lack, these stipulations can not be implemented, Ivanov said. This fact, according to Ivanov, generates essential difficulties in implementing the legislation on trade unions, as well as of other normative acts. On the other hand, the communist MP, Vladimir Turcan, the head of the Committee for Legal issues, appointments and immunities, declared that the present Penal Code stipulates penal responsibility for the offences included in the draft Law and is not necessary to introduce a new article on this issue. “Regarding the proposal to introduce a new article in the Code on Administrative Contraventions, it is stipulated very general, which will not allow to determine the objective and subjective aspects of this contravention”, noted the chairman of the specialized parliamentary committee. Due to the votes of communist MPs the draft Law was rejected.