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IPN: Monitor of Official Gazette, 10.11.17


https://www.ipn.md/index.php/en/ipn-monitor-of-official-gazette-101117-7978_1038107.html

It is known that the prevention of fires and ensuring of conditions for protecting persons and goods are among the priorities of any entity. It is thus normal for the recent Official Gazette No. 390-395 of November 10, 2017 (further O.G.) to start with a related legal act. Thus, Law No. 203 of October 6 this year, to adjust a number of laws adopted earlier (Law No. 267 of November 9, 1994 concerning protection against fires, Law No. 436 of December 28, 2006 on local public administration, etc.) aims to improve the legal framework that regulates the activity of the Rescue and Firefighting Service so as to ensure anti-fire security in the housing sector and at economic facilities. More precisely, it is planned to institute the local Rescue and Firefighting Service (unit). There were introduced new norms concerning the obligations of the natural gas supplier and specified the obligations of citizens and requirements regarding certification of production and goods. The made changes are absolutely justified given the so many situations that endanger the lives of people and security of property.

The O.G. informs that the lawmakers ratified the Protocol for approving the regulations concerning the creation and functioning of the working body that will coordinate the actions of the sides related to the Agreement on the Creation of the Free Trade Area between the GUUAM member states. This is absolutely necessary if we intend to stimulate the economic relations in this regard (GUUAM is a regional initiative whose name derives from the initials of the founding members: Georgia, Ukraine, Uzbekistan, Azerbaijan and Moldova, e.n.). The agreement was signed on July 20, 2002…

The recommendations contained in the Parliament Decision on the report by the people’s ombudsperson on the observance of the human rights and freedoms in the Republic of Moldovan in 2016, No. 222 of October 27, 2017, are important for society in general and for each citizen apart (even if the given report is not published). Among the entities that are to put into practice these recommendations are the people’s ombudsperson (to continue the process of reorganizing the institution and to strengthen its capacities), local public authorities of all levels (to take firm measures to hire senior children’s rights specialists at the local public authorities of the first level), the Government and the standing commissions of Parliament, which are obliged to ensure permanent control over the implementation of decisions given that “the respect for the basic human rights and fundamental freedoms is the goal for the adjustment of the legislation pursued by Parliament”.

A number of legal acts in the O.G. are related to the exclusive prerogatives of the President of the Republic of Moldova, such as the decree to name judges and court presidents and the decree to confer honorific titles and state awards on staff and personalities (pages 15-17).

Several governmental documents center on the development of the bilateral relations between our country and the neighboring state Ukraine. The O.G. specifies the regulations contained in the agreement between the Government of Moldova and the Government of Ukraine on the joint control of persons, units of transport, goods and objects through the joint Moldovan-Ukrainian border crossing points that was signed in Chisinau on October 6, 2017 (decision No. 901 of November 6, 2017), the decision on the approval of the Agreement of Cooperation and Interaction between the Security and Intelligence Service of Moldova and the State Service of Special Communications and Information Protection of Ukraine that was signed in Chisinau in 2016 and in Kiev in 2017 (No. 959, November 7, 2017) and, especially, the Government decision on the implementation of Law No. 109 of June 9, 2017 concerning border crossing and customs control measures and ensuring of the fiscal regime within the joint control at some of the state Moldovan-Ukrainian border crossing points (No. 960, November 7, 2017).

From legal viewpoint, Decision No. 899 of November 3, 2017, by which the executive approved the sanitary regulations on the addition of vitamins and minerals and of other types of substances in food products, holds interest for the people. This document practically transposes the related directives of the European Parliament on internal circulation concerning state public health surveillance. Of interest are also the documents of the Ministry of Health, Labor and Social Protection of the Republic of Moldova on the implementation of the European Pharmacopeia No. 776 of October 10 and on the Medical Device Vigilance System No. 820 of October 27 this year (pages 70-83).

In the division “Ministerial, departmental acts and acts of the National Bank of Moldova”, those interested can find information about the changes made to the plan of accounting in the budgetary system and the methodological norms on accounting and financial reporting in the budgetary system that were approved by the Ministry of Finance’s Order No.216 of September 28, 2015 (No. 132, October 31, 2017) and the regulations contained in two orders on notarial activity made by the Ministry of Justice (pages 61-69).

Several documents of the National Agency for Energy Regulator are of real interest to electricity producers and consumers, especially the Decision concerning the approval of the methodology for determining the fixed tariffs and prices of electric power generated  by eligible producers from renewable sources of energy (No. 375/2017, September 28, 2017), and the Decision concerning the approval of the Regulations on guarantees of origin for electric power produced from renewable sources of energy (No. 376/2017, September 28, 2017).

These are important and absolutely necessary steps given the problems faced in ensuring the delivery of electricity from traditional sources and the global tendencies to develop and diversify the alternative sources of energy.

The O.G. also contains a number of documents of the Central Election Commission (CEC) that regulate the holding of the local referendum on the dismissal of the mayor general of Chisinau municipality and the new local mayoral elections that will take place in ten communities on November 19 this year. There is also the CEC decision concerning the approval of the 2018 budget of the Central Election Commission (No. 1174, October 13, 2017). Following the recent amendments made to the Election Code, the CEC modified some of the own regulations and these were published in the given issue of the O.G., such as the regulations on the method of compiling, authenticating, presenting and verifying subscription lists No. 2682 of October 1, 2014, the regulations on the procedure for examining and solving challenges by electoral bodies in the electoral period No 3353 of July 20, 2010 and the regulations on election campaign funding No. 3352 of May 4, 2015.

Finally, the O.G. presents the amendments and supplements made to the Regulations concerning the procedure for designating the lawyer for providing emergency legal assistance No. 8 of May 19, 2009 (Decision by the National Council for State Guaranteed Legal Aid No. 17 of July 20, 2017). These norms are in the interests of the people, especially those with modest incomes, when they appear before court.

For conformity, Monitor of the Official Gazette