The Parliament of Moldova approved in the second reading the draft of the so-called "Law on prevention" to create a mechanism for the prevention of possible abuse by regulatory authorities.
It's about the approval of a number of amendments to the Law on State Control of Entrepreneurial Activity and the Code of Offenses, and this draft law was conditionally designated as a “law on prevention”. Its author, deputy of the DA Platform faction, chairman of the commission for control over state finances, Igor Munteanu, noted that the proposed bill is a response to the need to improve the business environment and protect small businesses from numerous barriers to private business. In particular, the bill introduces certain rules that relate to the responsibility of the supervisory authority to provide assistance to economic agents engaged in entrepreneurial activities and advise them through the development of Guides, information notes, recommendations to prevent violations of the law. The document establishes norms according to which the regulatory authorities are obliged to provide entrepreneurs with advice for the correct and uniform application of legislation, oblige the regulatory authorities to develop and publish on their websites the appropriate procedures that will be used by all competent persons to carry out control activities. Supervisory authorities should publish the most common and typical cases of violation, as well as recommendations on them; develop documents and guidelines to inform about the rights and obligations of regulatory authorities and the rights and obligations of persons subject to state control; publish the provisions of the law indicating possible violations, sanctions relying for this, etc. All documents aimed at reducing the number of violations must be published on the website www.controale.gov.md. Also, the bill provides for the addition of the Code of Offenses with a new chapter, which stipulates the procedures for preventing the commission of offenses. In particular, it is proposed that in the protocol on the offense, the ascertaining entity should establish corrective measures for the offender to fulfill the obligations provided for by law, in accordance with a correction plan, in the presence of which no sanctions will be applied to the economic agent. The correction period is from 30 to 90 days, depending on the complexity of the actions that need to be performed. At the same time, a plan of correction is not drawn up if the violator immediately fulfills a legal obligation; if, within 3 months from the date of implementation of the correction plan, he repeatedly commits the same offense; if the prescriptions were issued for previously committed offenses that were not fulfilled within the prescribed period. If, upon the resumption of state control, it is found that the offender has not fulfilled his legal obligations, according to the planned actions, the ascertaining entity draws up a new protocol on the offense, which applies the sanctions provided for by the Code. The expected results of this draft law are the regulation of instruments that ensure the prevention of violations, informing and consulting the economic agent, providing the opportunity to correct in case of minor deviations and an adequate time frame for eliminating deficiencies. The author of the bill notes that about 45% of business representatives say that during control operations carried out by competent state institutions, there are informal and formal rules for extorting bribes from newly created private companies, many of which lack basic knowledge, minimal management and good business management.// 22.04.2021 — InfoMarket
