The spring session results: the work of the Committee on Legislation, Protection of the Rights and Freedoms of Citizens

The Committee on Legislation, Protection of the Rights and Freedoms of Citizens worked the most significant legislations on during the spring session of 2023.

For the convenience of citizens

Owners of residential premises can receive a certificate of citizens registered in their apartment or house in a simplified manner. The consent of all residents and registered in this room was required previously in order to obtain an address certificate. There was a situation, where it was impossible to obtain a certificate if, for example, the person registered was outside the PMR since information cannot be disclosed to third parties without the consent of the owner of personal data. Changes have been made to eliminate such conflicts.

A unified register of the population will be maintained, which will simplify the provision of public services by state authorities and local self-government in Pridnestrovie. Each individual will be assigned an identification number. There were no requirements for the mandatory use of general rules for identifying information about a person prior to this. The data from individuals was collected repeatedly, which was often inconvenient and time-consuming. Information about the population will be collected in a single register, it will be reliable and up-to-date. Interdepartmental electronic interaction will improve. The law “On the unified register of the population” will come into force from the beginning of 2024.

Fines can be paid online: through the state information system "Electronic Payments". People will not have to provide bailiffs with a paper receipt for payment of a fine, as was previously required.

The adopted amendments to the current legislation will come into force on December 26 this year.

Requirements for consideration of appeals

To protect the rights and interests of citizens, the deputies prescribed requirements for the consideration of appeals by officials. If the official does not redirect the received appeal to the competent authority and does not notify the applicant about it, he may pay a fine from 10 to 25 RU of the minimum wage (from 184 to 460 rubles). Such a fine has already been provided in the Code of Administrative Offenses for violation of the deadlines for considering an appeal (30 calendar days). Responsibility is introduced for not redirecting the appeal to the competent authorities within 3 working days.

Officials will have to pay a fine more – from 25 to 50 minimum wages (from 460 to 920 rubles) for repeated violation of the rights of citizens.

Changes to the Code of Administrative Violations

The fine for not fastening a seat belt in a car has been increased by 1 minimum wage. Now violators of traffic rules will have to pay 3 minimum wages (55.20 rubles). The same penalty will be for driving without a helmet. The deputies decided not to increase it to 10 minimum wages (184 rub) for the time being, as was originally proposed in the law-in-draft submitted for consideration by the parliament.

For comparison, the fine for violation of the rules for using seat belts, motorcycle helmets, reflective signal warning vests, a child seat ranges from 450 to 600 lei in Moldova and 3 penalty points.

The maximum level of concentration of alcohol in the blood of drivers has been specified. The Code of Administrative Offenses now states that in order to bring to administrative responsibility for driving while intoxicated and for failure to fulfill duties in connection with an accident, the fact of using substances that cause alcohol intoxication can be established by determining the presence of absolute ethyl alcohol in the blood at a concentration of 0.34 and more than a ppm. The fact of alcohol consumption by a driver was established at a rate of 0.16 milligrams per liter of exhaled air in the Code of Administrative Offenses until now. The determination of the state of alcoholic intoxication is possible both by exhaled air and by a driver's blood test.

Amendments have been made to the Code of Administrative Violations of a clarifying nature. They legislate the types of special technical means that fix administrative offenses on the territory of the republic. The concept of "special technical means operating in automatic mode and having the functions of photo and film shooting, video recording" is supplemented with the following characteristics:

- devices must operate in a stationary position or on a vehicle moving along an approved route, which fixes in its field of view all administrative offenses for the detection of which it is intended;

- an official of the internal affairs body does not exert any influence on the devices.

Administrative responsibility has been introduced for throwing garbage along the roads and outside the city or village in Pridnestrovie. We are talking about production and consumption waste, which is thrown away from vehicles, trailers, motoblocks and motor cultivators. Violators will pay a fine: from 368 to 920 rubles for citizens, from 920 to 1472 rubles for officials, from 4600 to 6400 rubles for legal entities.

The fine will be higher for a repeated violation: up to 1840 rubles for citizens, up to 2760 rubles for officials, and up to 7360 rubles for legal entities.

Employees of the internal affairs bodies will draw up administrative protocols on such an offense, and administrative commissions under city and district state administrations and administrations of villages (settlements) will consider them and decide on the imposition of a fine.

Adjusted legislation in the field of advertising. The profile law now spells out a ban on advertising of traditional medicine (healing) and the practice of alternative medicine, if there is no appropriate permission from the Ministry of Health. There offenses in the Code of Administrative Offenses for violation of advertising about medicines, medical equipment and services. A fine is provided for citizens in the amount of from 35 to 50 minimum wages (from 644 to 920 rubles), for officials – from 50 to 75 minimum wages (from 920 to 1380 rubles), for individual entrepreneurs – from 75 to 100 minimum wages (from 1380 to 1840 rubles), for legal entities – from 100 to 150 minimum wages (from 1840 to 2760 rubles).

The Law “On Advertising” also stipulates a ban on advertising of evaporative mixtures and devices that imitate tobacco smoking, which previously only applied to alcoholic beverages and tobacco products.

Tougher criminal liability

Stricter penalties for crimes against the sexual integrity of children. The maximum term of punishment is provided for those who took advantage of the trust of the child (lived with a minor, worked with children in educational, cultural, sports and other institutions).

Criminal liability has been introduced for concealing such crimes. The fine is up to 700 minimum wages (12880 rubles) or compulsory work up to 180 hours or imprisonment for up to 1 year.

Responsibility for a crime committed by a group of persons by prior agreement or by those who have a criminal record for a crime against the sexual integrity of a child has been strengthened. The term of imprisonment is from 3 to 6 years.

A psychologist must be present at the court session during the interrogation of a minor or a victim. This norm was prescribed in the Code of Criminal Procedure.

Countering corruption and extremist activities

The procedure for conducting anti-corruption checks in relation to officials has been clarified: those who hold public office, civil service positions. The inspections are aimed at finding out whether the existing anti-corruption prohibitions and restrictions are observed, whether all the necessary information about income, property, property obligations, as well as about the income of a spouse and minor children is provided. The procedure for conducting checks on officials can now be approved by the PMR President.

The current norms on the issue of countering extremist activity are specified. The Law “On Combating Extremist Activities” enshrines the right of the PMR Prosecutor, his deputy, as well as the Ministry of State Security to apply to the court to recognize organizations or their structural subdivisions as extremist. Amendments have been made to the Criminal and Civil Procedure Codes. The possibility of prosecuting leaders and members of organizations recognized by the court as extremist is spelled out. The leadership of such an organization can be fined from 2000 to 3500 minimum wages (1 RU of the minimum wage = 18 rubles 40 kopecks) or sentenced to imprisonment for a term of 6 to 10 years with deprivation of the right to hold certain positions or engage in certain activities. The fine of up to 2500 RU of the minimum wage or imprisonment for a term of 2 to 6 years may threaten for participation in the activities of an organization recognized by the court as extremist.

The laws relating to convicts

The mechanism for releasing persons from serving sentences due to illness has been adjusted. From 10 to 3 days, the period for the administration of the colony to file a petition for release from serving a sentence to the court has been reduced. The court then decides whether to release the convicted person. If the petition is granted, then the court ruling on the release of the convict due to illness must be executed immediately. Parliamentarians wrote it into the law. According to the deputies-authors of the law-in-draft, the immediate release will allow faster treatment of patients with serious illnesses in a hospital.

If the court refuses to satisfy the petition, the convict and his lawyer will be able to appeal this decision to a higher court in cassation within 3 days.

The procedure for counting the time spent in custody has been changed. 1 day of detention will be counted as 1.5 days during the period of serving a sentence in a general regime correctional colony for those convicted of crimes of minor and medium gravity. The norm does not apply to those who have committed grave and especially grave crimes.