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IPN: Monitor of Official Gazette, 24.11.2017


https://www.ipn.md/index.php/en/ipn-monitor-of-official-gazette-24112017-7978_1038398.html

The new issue of the O.G. (No. 411-420) presents first the Law to ratify the Third Additional Protocol to the European Convention on Extradition (No. 214, October 20, 2017). The given protocol (compiled on 10.11.2010 and signed by Moldova on 12.042013) is a mechanism for applying the simplified extradition procedure, without going through all the procedural formalities, which is aimed at optimizing and hastening this procedure.

The next act in the O.G. (Law to amend and supplement a number of legislative acts, No. 223 of November 2, 2017) aims to implement a new concept of “social entrepreneurship”, which is entrepreneurial activity whose main goal is to solve social problems in the interests of the community. Thus, changes are made to a number of acts (Law No. 845/1992 on entrepreneurship and enterprises, Law No. 837/1996 on public associations, Law No. 581/1999 on foundations, etc.) to regulate and define the mentioned concept, the concept of “social enterprise” and the list of activities in the field. The provisions of the law will take effect in six months.

The Law to amend and supplement Law No. 355/2005 on the salary system in the budgetary sector (No. 224, November 2, 2017) envisions the adjustment of the current legal framework to Law No. 52/2014 on the People’s Ombudsperson. Given the role of human rights promoter and the international practices, the salary of the of the People’s Ombudsperson was raised.

A noble intention to contribute to the protection of the population’s health and avoid the negative effects of smoking and to bring additional revenues into the state budget was promoted by making changes to Article 9 of the 2017 State budget law No. 279/2016 (No. 227, November 2, 2017). More exactly, it was decided to raise the minimum selling price of filter cigarettes.

The O.G. also contains a number of decisions of the Constitutional Court on the inadmissibility of applications about the exception of unconstitutionality for norms from the current legislation (24 norms adopted during March 31 - September 21 this year). These acts were awaited with interest by the authors of applications. At the same time, the Court’s appraisals contained in the adopted judgments represent a real and very important constitutional law study for the whole community of jurists, who should know the area en gross and en detail.

Among the Government decisions published recently is the Decision to approve the regulations on the organization and functioning of specialized arbitration in the field of intellectual property and arbitral procedure (No. 987, November 21, 2017). The specialized arbitration (under the State Agency on Intellectual Property) will deal with disputes related to copyright, relations between co-authors and other relations in the field.

A number of Government decisions were amended to implement Law No. 77/2016 on information technology parks. Thus, by Decision No. 996 of November 21, 2017, there were supplemented the regulations on the method of setting and paying allowances to families with children (No.1478/ 2002), the regulations on the calculation and payment of allowances for temporary incapacity for work (No.108/2005), the regulations concerning the setting and payment of the paternal allowance (No.1245/2016) and others.

Several Government decisions are aimed at developing the bilateral relations with the foreign partners. In this regard, there were approved cooperation programs in the field of culture between the Ministry of Education, Culture and Research of Moldova and the similar ministries of Ukraine, for 2017-2021, and of Slovakia. The partnership framework agreement between the Ministry of Health, Labor and Social Protection of Moldova and the French Office for Immigration and Integration for implementing the reintegration assistance program took effect. The agreement is aimed at creating conditions for Moldovan citizens who gained experience in France or other states to put it into practice in the country by starting businesses that would generate incomes and jobs.

Government decision No. 1011 of November 21, 2017 stipulates salary raises for a number of categories of employees, mainly of medical, social assistance, education, arts, culture and sport institutions. The pays of employees of education institutions, including sports schools, will be raised as of September 1, 2017, while of employees from other sectors as from January 1, 2018.

The third part of the O.G. (Ministerial, departmental acts and acts of the National Bank of Moldova) contains the Ministry of Economy’s regulations designed to ensure uniformity, legality and exactness of measures in areas of pubic interest. This time, there were approved legal metrology norms for gas, electric power and heat meters and cab meters.

For conformity, Monitor of the Official Gazette