of December 16, 2004 No. 424-XV
About review and optimization of the regulatory base of regulation of business activity
The parliament adopts this organic law.
This law establishes the principles and actions for review of the regulatory base for the purpose of exception or the non-admission of the provisions which are not corresponding to the legislation and is not oriented to market economy and also on ensuring stability and quality of regulation of business activity in order to avoid barriers in the field of entrepreneurship.
Review and optimization of the regulatory base of regulation of business activity are based on the following principles:
a) transparency and stability of regulation of business activity;
b) presumption of observance of regulations by subjects of business activity; interpretation for benefit of the subject of business activity in case of doubts in application of any provision of the legislation on business activity;
c) non-interference to business activity, including non-admission of its suspension, except as specified, accurately determined by the legislation;
d) financing from the budget of the ministries, departments, bodies of local public authority, other administrative authorities, and also inspections, the agencies, services and other subordinates and/or subordinated organizations with functions of state regulation, control and inspection (further - bodies of public management), except as specified, determined by the legislation;
e) separation of functions of bodies of public management for state regulation, control and inspection and functions on provision of services on assessment of conformity and other paid services;
f) non-admission of establishment and collection by bodies of public management of other service fees for issue of the licenses, permissions and other acts concerning business activity except the payments which are accurately determined by the laws and/or resolutions of Parliament and Government accepted according to legislation provisions with indication of service and the amount of payment for this service;
g) non-admission of establishment and reclamation of other documents for issue of the licenses, permissions and other acts concerning business activity, except documents, precisely and more exhaustively established in the laws, resolutions and/or ordinances of the Government accepted according to legislation provisions and also non-admission of violation of fixed terms.
(1) All regulations of the Government and other bodies of public management (further - official acts) are reviewed according to provisions of this law. Review of official acts consists in the analysis of their content for the purpose of assessment of conformity to the principles of market economy.
(2) Each official act is considered on the basis of the following criteria:
a) legality of the official act (compliance to its content and purpose of the law; for regulations of the central bodies vlastiopublikovaniye in the Official monitor of the Republic of Moldova);
b) compliance to the principles established in Article 2;
c) compliance to requirements of the Law on regulations of the Government and Law on local public authority.
(3) Upon completion of review official acts join in the Register of the official acts regulating business activity (further - the Register) which conducts the Ministry of Economics.
(4) the Register is constituted on the sample approved by State commission on regulation of business activity on the basis of the following data:
a) acceptance date, number, name and contents of the official act;
b) the body of public management which adopted the official act;
c) data on inclusion in the State register of legal acts;
d) data on publication of the official act (if its publication is provided by the law);
e) data on the changes made to the official act and additions.
(5) Review of official acts is performed in three stages.
(1) In a month from the date of entry into force of this law each body of public management considers official acts in the field of the activities on the basis of the criteria established in part (2) Article 3.
(2) Each body of public management constitutes the List of official acts according to the sample established by State commission on regulation of the business activity (daleekomissiya) created by the Government with involvement of all concerned parties. For accomplishment of the tasks assigned to it the Commission creates the working group of representatives of bodies of public management and private sector.
(3) Within 15 days after the term established in part (1), each body of public management represents to the Ministry of Economics the List of official acts and their complete texts, including on electronic media.
(4) Each official act is followed by the explanatory note reasoning for its inclusion in the List of official acts on the basis of the criteria established in part (2) Article 3.
(1) Within three months after the term specified in part (1) Articles 4, the working group considers the official acts and explanatory notes provided by bodies of public management on the basis of the criteria established in part (2) Articles 3, and under each separate act makes the decision on inclusion it in the Register. The body of public management which provided the List of official acts participates in consideration.
(2) Each body of public management has the right to protest in the Commission the solution of working group on non-inclusion of the official act in the Register. The protest is considered within a month from the date of its giving, but no later than the term specified in part (1) Article 6.
(3) If the official act corresponds to the criteria established in part (2) Articles 3, but it is not published in the procedure established by the legislation, the body of public management provides its publication during the term specified in part (1). Otherwise the specified official act does not join in the Register.
(1) Within a month after the term specified in part (Articles 5, the working group informs 1) and provides conditions for participation of interested persons and the organizations in review of official acts.
(2) Within 15 days after the term specified in part (1), the working group prepares final version of the draft of the Register, and the Commission accepts it and represents to the Government for approval.
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