What's new in Moldovan law: 6 August 2021

Ruling No. 109

Decizie de inadmisibilitate a sesizării nr. 154g/2021 privind excepția de neconstituționalitate a unor prevederi din articolul 287 alin. (8) din Codul contravențional (obligarea scoaterii de pe teritoriul vamal a mijloacelor de transport)

• Constitutional Court
• In force since 13 Jul 2021

Ruling No. 111

Constitutional Court rejects as inadmissible a challenge to Tax Code articles 226⁴ and 264

The Constitutional Court declared inadmissible a challenge to the constitutionality of certain provisions of Tax Code articles 226⁴ and 264, which concern income tax estimation and the limitation period. The decision does not change the law, so the challenged provisions remain in force. It was adopted on 15.07.2021 and published in the Official Gazette on 06.08.2021.

• Constitutional Court
• In force since 15 Jul 2021

Order No. 726

Aprobarea Metodologiei privind repartizarea timpului de muncă a personalului didactic din instituțiile de învățământ general

• Ministerul Educației, Culturii și Cercetării
• In force since 6 Aug 2021

Decision No. 305

ANRE repeals Decision No. 24/2017 on procurement in energy, gas and water sectors

The National Energy Regulatory Agency repeals Decision No. 24/2017, which approved the Regulation on procurement of goods, works and services for licence holders in the electricity, thermal energy and natural gas sectors, and for operators providing public water and sewerage services. The decision takes effect on the day of publication in the Official Monitor, 06.08.2021. The text sets no other transitional arrangement.

• National Agency for Energy Regulation
• In force since 6 Aug 2021
• Repeals: Decision No. 24/2017

Decision No. 326

ANRE approves tariffs for auxiliary services of S.A. "Apă-Canal Leova"

The National Agency for Energy Regulation has approved tariffs for auxiliary services provided to consumers by S.A. "Apă-Canal Leova". Decision No. 326 of 30.07.2021 entered into force on 06.08.2021, the date of publication. The available official text does not detail the services or the tariff amounts, which are set out in an annex.

• National Agency for Energy Regulation
• In force since 6 Aug 2021

Decision No. 330

Tarifele reglementate pentru serviciile auxiliare prestate de către Î.C.S. „Nord Gaz-Sîngerei” S.R.L

• National Agency for Energy Regulation
• Repealed

Decision No. 331

Stabilirea costurilor de bază ale operatorului sistemului de transport al gazelor naturale S.R.L.„VESTMOLDTRANSGAZ”

• National Agency for Energy Regulation
• In force since 6 Sept 2021

Order No. 176

Registration of manufacturer prices for medicines, Order No. 176 of 30.07.2021

The Medicines and Medical Devices Agency approves a list of medicines with manufacturer prices for registration and a list of generic medicines with prices re-evaluated after the original medicines' prices are approved. Manufacturer prices approved for one calendar year are included in the National Catalogue. The order takes effect on the date of publication in the Official Monitor, 06.08.2021.

• Agenția Medicamentului și Dispozitivelor Medicale
• In force since 6 Aug 2021

Ruling No. 107

Constitutional Court rejected as inadmissible a challenge on funeral costs in motor liability insurance

The Constitutional Court declared inadmissible a referral challenging the constitutionality of Article 25 paragraph (4) letter b) of Law No. 414 of 22 December 2006, which concerns funeral costs included in insurance compensation for damage caused by motor vehicles. The decision does not change the law, and the referral was not examined on the merits. The decision entered into force on 13.07.2021 and was published in Monitorul Oficial No. 186-189 of 06.08.2021.

• Constitutional Court
• In force since 13 Jul 2021

Order No. 725

Changes to sanitary rules for importing and selling second-hand clothing and goods

Order No. 725 amends the regulation on sanitary rules for second-hand goods. The word "hygienic" is replaced with "sanitary," and the competent bodies become the National Agency for Public Health and the territorial Public Health Centres. Second-hand footwear, clothing, textile articles and toys may be sold only in specialized markets, mixed markets or specialized shops. The act enters into force on 06.09.2021.

• Ministerul Sănătății, Muncii și Protecției Sociale
• In force since 6 Sept 2021
• Amends: Order No. 4342/2001

Ordinance No. 23-01009/2

Temporary replacement of liquidator for BC "Banca Socială" S.A. and BC "Unibank" S.A. in liquidation

The National Bank of Moldova decided that, while liquidator Iulian Țurcan is on annual leave from 02.08.2021 to 15.08.2021, Silvia Marcu will act as liquidator of both banks. When the period ends, management returns to Iulian Țurcan. The order took effect on 29.07.2021.

• Banca Națională
• In force since 29 Jul 2021

Decision No. 43/5

CNPF grants insurance broker licence to ELSE ASSISTANCE SRL

The National Commission for Financial Market granted BAR „ELSE ASSISTANCE” SRL a licence to carry out insurance and/or reinsurance brokerage, for an unlimited term. The activity is carried out at mun. Chișinău, str. Grigore Vieru 22/3, of.10. The decision took effect on its adoption date, 30.07.2021.

• National Commission for Financial Markets
• In force since 30 Jul 2021

Decision No. 43/7

CNPF grants insurance broker licence to BAR „GENOVA ASIGURĂRI” SRL

The National Commission for Financial Market granted BAR „GENOVA ASIGURĂRI” SRL a licence to carry out insurance and/or reinsurance brokerage activity, for an unlimited term. The licensed activity is carried out at mun. Chișinău, bd. Moscova 11/8. The decision enters into force on the date of adoption, 30.07.2021.

• National Commission for Financial Markets
• In force since 30 Jul 2021

Decision No. 44/3

CNPF registered 6,187 new shares of Centrul Comercial “ANGRO-IMPEX” S.A.

The National Commission for Financial Market decided to register in the Register of Securities Issuers the securities issued by Centrul Comercial “ANGRO-IMPEX” S.A. in an additional share issue. The issue covers 6187 registered ordinary shares worth 309350 lei. The decision entered into force on 03.08.2021.

• National Commission for Financial Markets
• In force since 3 Aug 2021

Decision No. 44/6

CNPF withdraws category A savings and loan association licence from AEÎ “CARACUI”

The National Commission of the Financial Market withdrew licence series CNPF 000147 from AEÎ “CARACUI”, issued on 03.04.2009 for an unlimited term, for category A savings and loan association activity. The decision was taken on the association's own request to voluntarily surrender the licence and takes effect on 03.08.2021. The association may challenge the decision within 30 days of notification.

• National Commission for Financial Markets
• In force since 3 Aug 2021

Decision No. 142

National Bank raises policy rates by 1.0 percentage point

The National Bank of Moldova decided to raise the base rate from 2.65 percent to 3.65 percent per year. Overnight credit and overnight deposit rates also go up by 1.0 percentage point. The mandatory reserve requirement stays unchanged at 26.0 percent for lei and non-convertible currency, and 30.0 percent for freely convertible currency. The decision takes effect on the date of adoption, 30.07.2021.

• Banca Națională
• In force since 30 Jul 2021

Ruling No. 110

Constitutional Court rejected as inadmissible a challenge to provisions of the Enforcement Code

The Constitutional Court declared inadmissible a referral on the constitutionality of certain wording in Article 27 paragraph (4) and Article 63 paragraph (1) letter c) of the Enforcement Code. The referral was not examined on the merits because it did not explain why the challenged provisions conflict with the Constitution. The decision took effect on 15.07.2021.

• Constitutional Court
• In force since 15 Jul 2021

Order No. 25

NBS approves contravention report form and filling instructions

The National Bureau of Statistics approves the contravention report form and the instructions on how to fill it in. The act applies to the central apparatus of the NBS and its regional statistics centers. The order enters into force on 06.09.2021 and repeals order nr.45 of 19.06.2017.

• National Bureau of Statistics
• In force since 6 Sept 2021

Ruling No. 108

Constitutional Court declares challenge to Article 458 of the Criminal Procedure Code inadmissible

The Constitutional Court rejected as inadmissible a challenge to the constitutionality of Article 458 paragraph (3) of the Criminal Procedure Code, which sets the cases for review of a criminal case. The applicant argued that the law does not provide, as a ground for review, the lack of reasoning by a appeal court on possible violations of human rights. The decision is final and entered into force on 13 July 2021.

• Constitutional Court
• In force since 13 Jul 2021

Ruling No. 114

Constitutional Court declares challenge on splitting criminal cases inadmissible

The Constitutional Court decided that the challenge to the constitutionality of Article 279¹ paragraph (2) of the Code of Criminal Procedure is inadmissible. The provision allows a case concerning the participants in one or more offences to be split when the circumstances of the case require it and the split does not negatively affect the full and objective criminal investigation and court examination. The decision was adopted on 15.07.2021 and entered into force the same day.

• Constitutional Court
• In force since 15 Jul 2021

Ruling No. 115

Constitutional Court rejected as inadmissible a challenge to enforcement officer valuation of seized property

The Constitutional Court declared inadmissible a challenge to the constitutionality of a provision in Article 117 paragraph (1) of the Enforcement Code. The provision says the enforcement officer values seized property at average market prices in the locality. The decision does not change the rule and applies from 15.07.2021.

• Constitutional Court
• In force since 15 Jul 2021

Decision No. 20

Constitutional Court confirmed the 11 July 2021 parliamentary election results and validated deputies' mandates

The Constitutional Court rejected the complaint from the political party Noua Opțiune Istorică and confirmed the results of the early parliamentary elections held on 11 July 2021. The mandates of the 101 elected deputies were validated, and the lists of substitute candidates were confirmed. The decision entered into force on 23.07.2021 and was published in the Official Gazette on 06.08.2021.

• Constitutional Court
• In force since 23 Jul 2021

Decision No. 42/4

CNPF introduces special administration of AEÎ “ECONOM FIX” for one year

The National Commission for Financial Market has introduced special administration of the savings and loan association “ECONOM FIX” for a term of 1 year. The appointed special administrator takes control of the association, and the work of its management and control bodies is suspended by law for the whole period. The decision takes effect on the date of adoption, 27.07.2021.

• National Commission for Financial Markets
• In force since 27 Jul 2021

Decision No. 43/1

Ceadîr-Lunga city hall may issue 3000000 lei in bonds, public offer 05.08.2021 to 03.09.2021

The National Financial Market Commission approved the prospectus for a primary public offering of bonds issued by Ceadîr-Lunga city hall. Each bond has a nominal value of 1000 lei, a fixed interest rate of 6.60% per year and a circulation term of 3 years. The offer runs from 05.08.2021 to 03.09.2021, and the issuer may close it early.

• National Commission for Financial Markets
• In force since 30 Jul 2021

Decision No. 43/2

Sîngera city hall can offer bonds to the public worth 4.5 million lei

The National Commission for the Financial Market approved the prospectus for a primary public offering of bonds issued by the Sîngera city hall. Two classes of bonds with a nominal value of 1000 lei each can be subscribed from 05.08.2021 to 03.09.2021, with the option of early closing. The decision took effect on 30.07.2021.

• National Commission for Financial Markets
• In force since 30 Jul 2021

Decision No. 79

Parliament sets up a special commission to elect the Speaker of Parliament

Parliament adopted Decision No. 79 of 29 July 2021, which sets up a special commission to hold the election of the Speaker of Parliament. The commission has seven members from three parliamentary factions. It ends its work by law on the day the Speaker is elected. The decision took effect on the day it was adopted.

• Parliament
• In force since 29 Jul 2021

Decision No. 80

Igor Grosu elected Speaker of Parliament

Parliament took note of the result of the special commission's vote and confirmed the election of deputy Igor Grosu as Speaker of Parliament. The decision took effect on the day it was adopted, 29.07.2021. The text sets no other effects.

• Parliament
• In force since 29 Jul 2021

Decision No. 81

Parliament sets the number of its vice-chairs at 2

Parliament has set the number of vice-chair posts in Parliament at 2. The decision enters into force on the day it was adopted, 29.07.2021, and was published in the Official Gazette on 06.08.2021.

• Parliament
• In force since 29 Jul 2021

Decision No. 82

Mihail POPȘOI elected Vice-Chairman of Parliament

Parliament elected Mr. Mihail POPȘOI to the position of Vice-Chairman of Parliament, through Decision no. 82 of 29-07-2021. The decision entered into force on the date of adoption, 29-07-2021. The text does not set out any other effects.

• Parliament
• In force since 29 Jul 2021

Decision No. 83

Vlad Batrîncea elected Vice-Chairman of Parliament

Parliament elected Mr. Vlad BATRÎNCEA to the position of Vice-Chairman of Parliament. The decision enters into force on the date of adoption, 29.07.2021. The text does not set out other effects or obligations for citizens.

• Parliament
• In force since 29 Jul 2021

Decision No. 84

Componenţa numerică şi nominală a Biroului permanent al Parlamentului

• Parliament
• In force since 29 Jul 2021

Decision No. 85

Înfiinţarea comisiilor permanente ale Parlamentului şi componenţa lor numerică

• Parliament
• Repealed

Decision No. 87

Parliament closes the first regular session of 2021

Parliament adopted Decision No. 87 of 29 July 2021, which closes the first regular session of 2021 on 29 July 2021. The decision took effect on the day it was adopted. The text sets no other effects for citizens.

• Parliament
• In force since 29 Jul 2021

Decision No. 88

Aprobarea Programului de activitate al Guvernului și acordarea votului de încredere Guvernului

• Parliament
• In force since 6 Aug 2021

Decision No. 89

Aprobarea listei ministerelor

• Parliament
• Repealed

Order No. 30

New land category: plot next to a house, within the settlement

The order adds a new category to the land classifier by purpose and use: plot next to a house. It covers privately owned land within the settlement boundary (intravilan) that was allocated under Article 82 of the Land Code, as an additional plot to the land attached to the dwelling. The order enters into force on 06.09.2021.

• Agenția Relații Funciare și Cadastru
• In force since 6 Sept 2021
• Amends: Order No. 17/2021, Law No. 514-XII/1991

Order No. 105

Changes to legal metrology rules for glass hydrometers and measuring tapes

Order No. 105 of 26.07.2021 amends standard NML 5-17:2021 for glass densimeters and alcoholmeters, and order No. 67 of 24.05.2021 on measuring tapes and ribbons. The changes entered into force on 06.08.2021. The text does not specify which persons are affected.

• Ministerul Economiei și Infrastructurii
• In force since 6 Aug 2021
• Amends: Order No. 67/2021

Ruling No. 113

Constitutional Court rejects as inadmissible a challenge to the definition of "public authority" in the Administrative Code

The Constitutional Court declared inadmissible a referral challenging the constitutionality of Article 7 of the Administrative Code, which defines a public authority. The referral arose in a case against a state university over access to official information. The decision does not change the text of Article 7, is final, and took effect on 15.07.2021.

• Constitutional Court
• In force since 15 Jul 2021