Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF MOLDOVA

of April 5, 2012 No. 68

About approval of National strategy of decentralization and the Action plan on implementation of National strategy of decentralization for 2012-2018

(as amended of the Law of the Republic of Moldova of 15.07.2016 No. 168)

The parliament adopts this ordinary law.

Art. 1. - Approve:

a) The national strategy of decentralization provided in appendix 1, being integral part of this law;

b) The action plan on implementation of National strategy of decentralization for 2012-2018 provided in appendix 2, being integral part of this law.

Art. 2. - To the government:

a) bring national programs and action plans into accord with the tasks and priorities stated in the specified Strategy;

b) provide implementation specified Strategy and the Action plan and to annually submit to Parliament reports on decentralization process development.

 

Chairman of the parliament

Marian Lupu

Appendix 1

National strategy of decentralization

Preface

The national strategy of decentralization (further - Strategy) is the main program document in the sphere of local public authority which determines national mechanisms of decentralization and providing authentic local autonomy of bodies of local public authority.

Strategy determines the medium-term purposes and tasks (three-five years) by realization of the priority connected with decentralization of the power and providing local autonomy according to the principles of the European charter of local self-government (further - the European charter) ratified by the Republic of Moldova on July 16, 1997.

The concept of decentralization and task of policy of decentralization correspond to experience of the European countries, aspiration to the European integration and bilateral agreements between the Republic of Moldova and the European Union.

Development of Strategy follows from need of strategic planning of process of decentralization for the purpose of consolidation of capacity of bodies of local public authority, improvement of management and quality of the public services provided to citizens.

Development of Strategy was performed taking into account the existing regulatory base, existing the politician, the achievements and shortcomings which are earlier realized strategic the politician of the demands made in the course of the European integration, the principles of the best the practician connected with criteria of preparation for accession to the European community and along with accounting of specific features of development of bodies of local public authority in the Republic of Moldova.

For the purpose of the integrated coordination of process of strategic and industry planning in the spheres which are subject to decentralization, provisions of Strategy were approved with the relevant program documents, with reform of the central public management, other reforms representing operational succession of actions of the National development strategy.

For the purpose of Strategy the concepts determined in the Law on administrative decentralization No. 435-XVI of December 28, 2006 which application was caused by availability of the program documents establishing accurate stages of realization of process of administrative decentralization in the Republic of Moldova are used and develop.

The obligation of the Government to provide transparency in case of Strategy development, participation and dialogue with all concerned parties and partners in development was executed also by revival of the Parity commission on the decentralization which is consultative body on monitoring and coordinating of process of decentralization and including equal number of representatives of government and non-governmental sectors.

For accomplishment of the tasks stated above the Parity commission created the working groups on decentralization consisting of representatives of bodies of the central and local public authority, civil society, the scientific and academic circle and partners in development.

Approach taking into account human rights and gender equality was the fundamental and integrated principle during Strategy development. Proceeding from it, special attention was paid to the principles of participation, nondiscrimination, transparency, responsibility and equality between women and men.

Development of Strategy was preceded by complex researches and the analysis in the field of administrative and financial decentralization, creation of reports on assessment of capacity of bodies of local public authority, expert opinions according to the existing legislation in the field of the organization and functioning of local public authority which serve as versatile information support and are provided in appendices to this document.

During activities for Strategy development the working groups on decentralization enjoyed the group of the international and local experts specialized by methodological support within the Joint program of the integrated local development for financial support of the Government of Sweden, the Program of the United Nations for development (PROON), the United Nations in gender equality and expansion of the rights of women (UN Women) and Council of Europe (CoE).

The offers provided to Strategy are result of extensive consultations with representatives of bodies of local public authority of the first and second levels which were held through representative association Congress of regional authorities of Moldova (CALM), with representatives of civil society who were led through National council on participation (CNP), and with other concerned parties.

Part 1. Local public authority: current situation and determination of problems

The European charter guarantees the right of local authorities of the public power to have the efficient potential for permission and management within the law, under own responsibility and for the benefit of the population considerable part of public affairs. This right is provided also in the Constitution of the Republic of Moldova, the Law on administrative decentralization No. 435-XVI of December 28, 2006, the Law on local public authority No. 436-XVI of December 28, 2006 in which it is determined that bodies of local public authority use autonomy in decision making, organizational autonomy, autonomy in financial management and have the right to initiative in all that concerns management of local public cases, performing the powers within the managed territory and within the law.

Economic, social and political development in the Republic of Moldova revealed need of deep and efficient reform in the field of public management, especially local public authority in recent years. The program of activities of the Government for 2011-2014 accurately determines that "rapprochement of the Republic of Moldova with the European Union is possible only in the conditions of the state in which structures with high hierarchy are replaced with the decentralized, transparent and flexible structures founded on rule of law, the civil laws and freedoms. The government will provide coordination of reform of the central management with reform of local authority and delegation of power, including in the field of public finance, to bodies of local public authority. Decentralization of the power and investment of bodies of local public authority by the real power will be important for all-round development of regions with decentralization of economic activity in all territory of the Republic of Moldova.".

In recent years in the considered direction important steps both on government proposal, and on local initiatives of elected bodies were taken. So, the Government took important measures for improvement of some aspects concerning the legislation in the field of local finance; offered support of decentralization in key areas and areas of impact on social environment, such as education, social security and others, for the purpose of rendering the help by the state through regional authorities; began the extensive advisory procedure and created the corresponding institutional mechanisms of cooperation with bodies of local public authority (further - bodies of MPU) and other social subjects for the purpose of system approach to decentralization process. One of results of the taken measures is also Strategy. At the same time many bodies of MPU of the first and second levels announced successful initiatives of promotion of some projects of development, took difficult measures for restructuring of systems of social subsidizing and showed big openness and competence of dialogue with bodies of the central public management (further - bodies of the CCP).

All this is the promising beginning for transformation of system of local public authority according to the European principles, the principles of autonomy and responsibility by efficient partnership the Government - bodies of MPU. However the last researches and the analysis revealed several important problems of functioning of bodies of MPU in relations with bodies of the CCP preventing bodies of MPU to provide adequate public services to all residents of the Republic of Moldova irrespective of, they live in the capital or in the small rural settlement. These problems create inequality among the population, within specific vulnerable groups as, for example, the groups subject to social isolation, poverty, discrimination, marginalization, with the limited or nonexistent access to the main services, to the benefits of local development, to participation in local development and in decision making process, namely: poor, elderly people, women, persons with limited opportunities, HIV-positive persons, farms without parents, with one parent or the children managed by children, and also thrown, single parents, ethnic, linguistic and religious minorities, especially rums and others, and also other persons and groups, the most subject to risk of discrimination or social exception.

First of all de jure bodies of MPU of the Republic of Moldova have the announced complete autonomy, however de facto this autonomy is limited, partially because of intervention of bodies of the CCP in their daily activities, partially because of the financial resources which are available for them which do not correspond to requirements and which absence is accompanied by also too shattered administrative-territorial device, and partially because of insufficient institutional and administrative potential. These conditions lead to decrease in level of responsibility of bodies of MPU before society which shall be the main receiver and the manager if it is about use of resources and adaptation of public services to local needs.

The second Report on the Millennium development goals underlines such problems as permanent difficulties in ensuring with medical services, infrastructure of water supply and sanitary infrastructure, effective and quality douniversitetsky education for all. Some vulnerable groups, in particular minority of rums, lag behind on key indicators of social integration, especially in the field of education (The government with assistance of the UN agencies in Moldova, the Report on the Millennium development goals: Republic of Moldova, September, 2010). At the same time the economic crisis which mentioned the central and local public budgets of bodies of public management in all Europe did not avoid also the Republic of Moldova. Difficulties in maintenance of level of financing of the main public services left the mark on budgets 2009, 2010 and 2011. In these severe conditions the Government supported to a certain extent budgets of bodies of MPU, having assumed the main burden caused by decrease in receipts in the public budget.

Representation of the current situation is structured as follows:

I. Decentralization of services and powers

II. Financial decentralization

III. Property decentralization and local development

IV. Administrative capacity of bodies of MPU

V. Democracy, ethics, human rights and gender equality.

The measures taken in the course of development of Strategy were directed to the analysis of the main problems arising in each of the specified areas and development of reasoned decisions with precise plans of their realization for the purpose of increase in efficiency and responsibility of public management in relation to the population by more efficient use of the principles of the European charter. The problem caused by lack of correlation of reform of bodies of MPU with the undertaken reforms of bodies of the CCP, which is one of the reasons which exerted negative impact on results of the previous reforms in the field of the public sector also was taken into consideration. Also dense approach to human rights and gender equality with concentration on the principles of participation, nondiscrimination, transparency and responsibility is the cornerstone of Strategy. These principles, including valuation principle from the point of view of human rights and gender equality, are applied to reduction of possible negative influence of this reform by some groups of number of especially vulnerable population.

I. Decentralization of services and powers

Political and administrative decentralization is the complex and extremely difficult process requiring the long-term periods of coordinated actions, involving will and determination of the politicians responsible for decision making. This process is characteristic of many countries of Central, Eastern and Southeast Europe which are in transition period. Strategy assumes coordination internal institutional and the legislation with the European legislation and recommendations of the EU, with provisions of the European charter, elimination of the dysfunctionality revealed by number of researches in the field of MPU, consolidation of local autonomy and democracy.

The current situation is characterized by set of difficult evolutions, partial unconsolidated achievements in daily practice, ambiguities of the legislation, ambiguities concerning procedure of some powers. As the specified researches, and representative associations of bodies of MPU emphasize number of gaps which shall be without delay submitted for consideration executive and legislature of the Republic of Moldova, namely:

Indistinct, not clear and incomplete differentiation of powers between bodies of public management of various levels. Differentiation of powers between bodies of MPU of the first and second levels is not clear and contradictory, and in certain cases it just is absent. The majority of the types of activity specified as own powers is determined indistinctly, and in certain cases they are also within the competence of higher level. Such provision allows to perform dual and ambiguous interpretation of responsibility/powers of administrative and territorial units (further - ATE) various levels. There are no accurate technical and functional criterions which would be legalized and differentiations, provisions and financings of powers were used especially for determination.

Transfer of responsibility/powers without providing with the appropriate financial resources on their implementation. In the Republic of Moldova, as well as in many other countries which are in transition period, decentralization of some public services and transfer of some types of responsibility/powers were made without parallel transfer of the resources necessary for their implementation that led to emergence of obvious vertical imbalance in financing. As a result implementation of these powers is difficult, and sometimes and impossible for small ATE or having the budget with low potential. At the same time there is no mechanism guaranteeing ATE the medium-term and long-term financial resources necessary for implementation of the responsibility/powers delegated by the state.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.