To the Government of the Republic of Moldova
The 1st July 2014
The Anticorruption Alliance and the National Council for Participation (CNP) active in the prevention, diminution and eradication of corruption in Moldova, considers appropriate the addressing to the authorized state institutions on continuing reform of the justice sector, preventing and combating the corruption and the lack of integrity by approving and adoption of the anti-corruption policies and the integrity assurance.
State with regret that the draft of the law on modification and completing certain legislative acts with modifications necessary to prevent and combat the corruption, the conflicts of interest, the prevention of the corruption risks already figured 2 times on the agenda of 2 meetings of Government of 25 and 28 June 2014 to no longer found later in the final versions of the agendas of the Cabinet of the Ministers.
Express the perplexity for exclusion from the final editorial offices agendas of the draft law with modifications necessary to prevent and combat the corruption, the conflicts of interest, and the prevention of the corruption risks, and in particular, selective:
1) The specifying in the Penal Code of the notion of damaging the public interest (Article 126 (2)),
2) The inclusion of a new criminal offense component in the Penal Code "The Conflict of interests" (art. 329/1),
3) The concretization notion of "the public agent" in the Law on the testing professional integrity, no. 325/2013
4) The facilitating the procedure of realization of testing the integrity of the public sector to promote the integrity and the trust in the public sector,
5) The specifying through the exhaustive coverage of corruption phenomenon and the facts corrupt behavior in the Law on preventing and combating the corruption,
6) The fortification of the mechanism of the corruption risk assessment in activity of the elaboration of policies, normative acts and adopting decisions by public authorities.
7) The express establishing of the responsibility for various forms of breaches of the declaration of income regime, conflicts of interests, including procedural or material non-compliances, failure to comply the obligations to declare improper influences, concealment of corruption acts, obstructing them.
8) The introducing the contravention responsibility for acts of favoritism, conflict of interest and not declaring it, breach of the regime of incompatibility, etc.
The Anticorruption Alliance and the National Council for Participation consider imperative the adoption of the legislative modifications, initial introduced on the agendas of 2 meetings of the Cabinet of the Ministers, because the draft of law was subjected to the procedures of transparency and aims to implement the following provisions of the EU-Moldova Association Agreement, namely:
1) Art. 4 - the internal reform - ... the ensuring effectiveness in the fight against corruption ... to ensure effective implementation of international legal instruments such as the UN convention against corruption in 2003,
2) Art. 16 -The preventing and combating the organized crime, corruption and other illegal activities - 1e) passive and active corruption, in the private and public sector, including the abuse of functions and influence, 1f) forging documents and filing false declarations ...,
3) Art. 22 - e) the promoting of the ethical values in the public service,
4) Art. 50 - The fight against frauds and corruption in the public finances - b) improving methods for combating and preventing frauds and corruption in the fields provided (public finances).
Consider that these legislative modifications, originally proposed in editorial office, to the examination in meeting of the Cabinet of the Ministers have to be placed on its agenda urgently.
Olga Bîtcă, the president of the AAC Sergiu Ostaf, the president of the CNP