Law Techniques of Republic of Moldova

Law Techniques

The legislative equipment is understood as system of rules and receptions of preparation of the most perfect in a form and structure of draughts of the regulations providing the fullest and exact compliance of a form of standard instructions to their contents, availability, simplicity and an obozrimost of the standard material, exhaustive coverage of adjustable questions. Degree of perfection of the legislation, clarity of regulations, high level of the account and legislation ordering in many respects depends on observance of rules of legislative equipment.

The main object of legislative equipment is the text of legal acts, information embodiment of legal instructions.

The legislative equipment is recognised to structure a legal material, to improve language of legal acts, to do it more clear, exact and competent. In many respects level of legislative equipment symbolises a certain level of legal culture of concrete society.

According to the Constitution of the Republic of Moldova, the Parliament is the supreme representative body and the unique legislature of the state.

Legislative procedure begins with representation of a legislative initiative which then is considered in the constant commissions.

The right of a legislative initiative belongs to deputies of Parliament, the President of the Republic of Moldova, the Government and People's assembly of independent and territorial education of Gagauzy. Carrying out this right deputies and the President of the Republic represent to Parliament draughts of laws and legislative offers, and the Government — draughts of laws.

Carrying out the right of a legislative initiative, deputies and the President of the Republic of Moldova represent to Parliament draughts of acts and legislative offers, and the Government and People's assembly of independent territorial education of Gagauzy - draughts of laws and resolutions. The draughts of laws submitted the President of the Republic of Moldova or the Government, are represented at plenary session of Parliament by one of members of the Government or the plenipotentiary of the President or the Government, and submitted by People's assembly of independent territorial education of Gagauzy — the Chairman of People's assembly. The deputy carries out the right of a legislative initiative personally or together with other deputies. The legislative offer represents intention to initiate development of one or several acts concerning a certain question or group of questions and urged to regulate certain spheres of the social relations. The legislative offer accepts Parliament the resolution to which establishes term for development of the draught of the act, creates group for development of the offered project or gives the order about its development to other bodies, establishes an order of ensuring activity of this group.

According to Constitution article 74 organic laws are accepted by a majority of votes of the elected deputies after consideration not less than in two readings, ordinary laws and resolutions are accepted by a majority of votes of present deputies. The draughts of laws presented by the Government, and the legislative proposals of deputies approved by it, are considered by Parliament, including quickly, according to established by the Government order and priorities. Other legislative offers are considered in accordance with the established procedure. Laws are transferred for promulgation to the President of the Republic of Moldova.

According to the Law «About adoption of regulations of Parliament» the Parliament accepts the Legislative offer the resolution to which establishes term for development of the draught of the act, creates group for development of the offered project or gives the order about its development to other bodies, establishes an order of ensuring activity of this group.

The draught of the act and the legislative offer are represented for discussion together with a statement of a task, the purpose, the concept of future act, its place in the current legislation, and also social and economic and other consequences of its acceptance according to Law requirements «About acts» . The persons which have taken part in development of the project are thus specified, and results of the examinations carried out thus and researches, and also results of public consultations on it are applied. If implementation of new provisions is interfaced to financial, material and other inputs, financial and economic justification is applied. The draught of the act is represented in the Moldavian language together with a translation into Russian. Draughts of acts and legislative offers are registered in Management of parliamentary documenting of the Secretariat of Parliament as their representation. On the basis of the order of the Chairman of Parliament draughts of acts join in legislative procedure and are distributed for making the conclusions to the constant commissions, Legal management of the Secretariat of Parliament, and in case of need - to the Government, the interested bodies and the organisations. Not later than after five working days from the date of inclusion in legislative procedure draughts of acts, legislative offers and documents take place on the Parliament website. Draughts of acts and the legislative offers presented by the President of the Republic of Moldova, deputies or People's assembly of independent territorial education of Gagauzy, are transferred to the Government for making the conclusions to them. Not submission of the conclusion till 30 days or in shorter term established by the Chairman of Parliament, does not interfere with project consideration by Parliament if the law has not provided other. The draughts of laws included in the agenda of meeting of Parliament, are considered, as a rule, in two readings. Draughts of ordinary laws according to the decision of Parliament can be accepted only in one reading. Draughts of organic laws are accepted only after their consideration in the second reading. Draughts of the constitutional laws, draughts of organic laws concerning the budget, finance, the economy, demanding considerable financial expenses, draughts of difficult laws, and also draughts of laws on other important questions according to the decision of Parliament can be considered and in the third reading.

Bill consideration in the first reading includes:
  • submission of the project by the author;
  • hearing of the report of the constant commission responsible for project;
  • speeches of deputies with obligatory observance of an order of granting a word to representatives of each parliamentary fraction

At bill discussion the deputy has the right to set to the speaker no more than two questions. On a question and the answer to it it is taken away no more than for two minutes. The presented projects are not made comments.

The author of a legislative initiative has the right to act before completion of discussion, thus its performance should not exceed five minutes. In the presence of several authors one of them with the consent of the others can act only.

As a result of bill discussion in the first reading the Parliament can accept one of the following decisions:
  • to pass the law (in case of consideration of the ordinary law);
  • to transfer the bill according to the proposal of the chairman at meeting to completion of the responsible constant commission or other competent commission;
  • to approve the bill in the first reading and to prepare it for consideration in the second reading;
  • to reject the bill.

The decisions of Parliament accepted as a result of discussion of draughts of laws in the first reading, are brought in the meeting shorthand report if Parliament other decision is not accepted.

After project discussion in the first reading it is transferred to the responsible constant commission or other competent commission for consideration of amendments of deputies, remarks and offers of parliamentary fractions, the constant commissions, the conclusions of the Government and Legal management of the Office of Parliament, and also proposals of representatives of civil society and submission of the corresponding report. By preparation of the bill for discussion in the second reading deputies, the constant commissions and parliamentary fractions can present amendments of the responsible commission in 10-day term from the date of project approval in the first reading. Authors of amendments can take part in meeting of the commission on bill completion. The commission notifies previously the author on carrying out meeting. Bill discussion in the second reading is carried out not later than to 45-day term from the date of its approval in the first reading.

Bill discussion in the second reading includes:
  • zaslushivaniye of the report of the responsible commission;
  • discussion of the project on articles;
  • project vote under articles and, in case of need, as a whole if the Parliament does not make other decision.

Bill discussion in the third reading is carried out according to the decision of Parliament and in cases when during project discussion in the second reading the essential amendments conducting to significant increase in financial expenses in the course of implementation of the law have been offered.

The third reading includes:
  • transfer of amendments of the responsible constant commission or other competent commission and to the Government on consideration and submission of the report and the conclusion in three-week term;
  • carrying out according to the decision of Parliament of independent expert financial and economic appraisal of these amendments;
  • discussion of the report of the responsible constant commission, conclusion of the Government and results of examination.

During the third reading in debate only one representative from parliamentary fraction if deputies of this fraction have offered amendments at bill discussion in the second reading can act only once, and the responsible constant commission has rejected them. Also the deputies who have made amendments at discussion of the bill in the second reading if the responsible commission has rejected them only once can act. Performances should not exceed three minutes. Discussion is carried out only under those articles on which amendments are offered. The report of the responsible constant commission and the conclusion of the Government should contain offers concerning sources and an order of financing of additional expenses.

After consideration and acceptance laws and resolutions are signed by the Chairman of Parliament and go on a promulgirovaniye to the President of the Republic of Moldova. The head of state has the right, if it has remarks under the law not later than in two weeks to transfer it to Parliament for revision, but only once.

All laws втупают in force from the date of their publication in "the Official Monitor" or from the date provided in the text of the law. Not publication of the law attracts its invalidity.

Short info

Flag
Capital Chișinău
Currency Leu (MDL)
Time zone EET (UTC+2), in summer EEST (UTC+3)
Population 2,913,281 (2014)
Languages Moldovan
Calling code +373