Democratic Party of Moldova

Press realise

10 October 2017

PDM supports the reform on law enforcement bodies in the Republic of Moldova

PDM supports the reform on law enforcement bodies in the Republic of Moldova

The Democratic Party of Moldova (PDM) will ensure political support for a reform on law enforcement bodies in the Republic of Moldova aiming to facilitate better conditions for the Moldovan business community. The legislative proposal drafted by the Ministry of Justice was discussed during the party’s weekly meeting on October 10.

Mr. Sergiu Sîrbu, a PDM Deputy Chair, declared at the press briefing that the first concept of the legislative proposal includes the feedback of the business community, both local and foreign investors, especially regarding abuses committed throughout the years in this field. “PDM is in favor of accelerated reforms implementation and is ready to ensure political support to all initiatives in this regard. This particular legislative proposal aims to tackle the pressure exerted by law enforcement bodies on the business environment by enabling protection against excessive controls, abusive searches and seizure of documents, actions that make any economic activity impossible”, Sergiu Sîrbu declared.

According to Mr. Sîrbu, the new legislation would also introduce a close link between effective mechanisms of voluntary remedy of contravetions, solving the damage caused and qualifying non-violent crimes of economic nature in the light of criminal law. Thus, according to the draft proposal, a contravention will be qualified as criminal only after the alternative solutions have been exhausted or if the contravention has a gravity that poses an imminent threat to the public order, security and safety of people or environment. In respect to economic crimes, we intend to focus first on recovery of the damage caused, correction of errors and prevention of future errors. “Nowadays, it often happens that in case of an infringement, searches are conducted, documents and equipment are seized, economic operations are brought to halt, and until things are cleared up, the economic agent suffers. Now, the legislative framework provides no resolution mechanism that is focused on recovery of damages. We wish sanctions to be applied proportional to the gravity of the contravention and imprisonment to be considered only if the economic agent persists in breaking the law”, Mr. Sergiu Sîrbu explained.

In addition, according to the legislative initiative, the state control bodies would have exclusive instruments to ascertain a number of actions of economic nature provided by the Criminal Code and contraventions provided by the Contravention Code. “The main goal of this initiative is to eliminate abuse inflicted on the business environment. We began with that moratorium, which, in that first phase, yielded very good results, but we promised we would push for a legal solution that will eliminate to a maximum degree the possibility to abuse people who conduct businesses in the Republic of Moldova”, the PDM Deputy Chair added.

The Ministry of Justice will shortly initiate public debates on this issue.