The ninth session of the Supreme Council of the V convocation was opened. Deputies adopted a number of legislations to amend the Code of Administrative Offences in the first reading in the course of this first plenary session in this year. Legislative initiative of the head of the parliamentary committee on legislation Galina Antyufeeva who proposed to eliminate the current version of the internal contradictions is among those that were adopted. Paragraph 2 of Article 5.59 of the Administrative Code provides for liability in respect of their parents or persons in loco parentis for committing act that contains elements of an administrative offense by minors. At the same time, the article 20.22 of the Administrative Code provides for liability of the same for the appearance of minors in public places in a state of intoxication, as well as for drinking of alcoholic beverages, beer, consumption of drugs, other intoxicating substances. Such acts may be qualified on both articles of the Code. At that, the sanction, liable for the offense are different. Paragraph 2 of the Article 5.59 of the Administrative Code provides for liability in the form of administrative fine on parents or persons in loco parentis, in the amount from 20 to 50 MW or the execution of punishment as a compulsory work up to 100 hours. In the first part of Article 20.22 of the Administrative Code provides for a fine from 15 to 35 MW or compulsory work up to 60 hours. The second part of the article - the sanctions from 35 to 50 MW or work up to 120 hours.
Legislative initiative is proposed to delete from the Code Art. 20.22. At that appearance of minors intoxicated in public places should be classified according to the article 20.21 of the Administrative Code. The Article provides for the imposition of liability appearance in public places only intoxicated offending human dignity and public morality, in which the person has lost the ability to move independently or navigate in the environment, as well as which may cause harm to others or themselves.
Taking into consideration the social significance of offenses related to the consumption of alcohol by teenagers, drugs, the author of this article suggested supplementing the norm that recognizes the presence of a minor in public places in a drunken state, regardless of the degree of intoxication as offense.
It was also proposed to amend the other articles of the Code with respect to determining the bodies authorized by the consideration of this type of offense.
The legislative initiative was supported by deputies and adopted in the first reading.
Deputy Galina Antyufeeva due to the increasing incidence of tuberculosis invited to establish administrative liability for failure treatment or violation of the treatment regimen, adding to the Administrative Code of the new norm. It is worth noting that today, many patients do not undergo proper treatment in medical institutions, leaving them without permission or treatment refuse at all, thereby compromising the infection of others. Current legislation does not provide for liability of persons with tuberculosis, for the avoidance of treatment. The parliamentarians approved the law-in-draft of the colleagues in the first reading.
Intense discussion caused the proposal of the possibility of getting requested information by a lawyer, including commercial, banking, medical and other secrets. Despite the fact that, under current law “On Advocacy”, the lawyer is entitled to request necessary information for the provision of legal assistance, the implementation of this rule greatly hampered. Legal gap is in the process of gathering and evidence presenting. The existence of problems in the requested information obtaining was confirmed by examples from the practice of Alexander Kiyko law chairman of the Bar Association of Pridnestrovie. Thus, the claim for alimony must obtain information on wages. Commercial organizations refuse to give this certificate, referring to the Law "On the Bar" current from 1993 where commercial organizations are not listed among the organizations required to respond to requests attorney.
According to the author, the legislative strengthening of the effectiveness of lawyer request can greatly enhance the efficiency of justice, in particular by mean of the unloading of vessels from applications and petitions relating to the evidence vindication. The deputy Oleg Vasilaty supported initiative required by citizens. He noted that voters often appeal with similar problems concerning the recovery of maintenance or the division of property.
According to the parliamentarian Gregory Dyachenko, the law-in-draft is the flip side of the coin - using new powers, the lawyers will be able to use information that is medical, commercial or other secret, to the detriment of a third party. Approval of amendments by deputies raise the level of advocacy is much higher than prosecutorial.
Similar law-in-draft is at the stage of development in the State Duma.
The law-in-draft on amendments and addendum to some legislative acts was rejected by deputies without required number of votes.