The V convocation: work on amendments to the PMR Constitution

On January 27, 2011, the Pridnestrovian Parliament received a draft of amendments to the Pridnestrovian Constitution. It was signed by a group of 23 deputies. According to the authors, the main goal of the constitutional reforms was to ensure the efficient operation of the state system and government bodies. This means positively influencing changes in the economic and social situation in the republic, including the development of the economy in agriculture, small and medium-sized businesses, which, ultimately, should increase the level of well-being of the people of Pridnestrovie.

The question that the Basic Law of the State (the Constitution of the PMR) needs changes for a long time was resolved positively even earlier, in November 2009. Then it was decided in the course of the plenary meeting of the Supreme Council to create a joint commission on an equal footing with the participation of representatives of the executive, legislative and judicial bodies of state power. This commission was created in order to develop a mutually agreed version of the constitutional law-in-draft. There was a general opinion that the result of joint work would not be a draft of a new Constitution during the first working sessions of the commission, but a draft constitutional law on amendments and additions to section three of the current Constitution "Fundamentals of State Administration", which does not require submission to referendum. This project, due to its social and political significance, needed a broad nationwide discussion even in this form. Therefore, the Parliament of the republic by means of mass media appealed to all citizens of Pridnestrovie with an appeal to take direct part in the discussion of the proposed amendments to the Constitution. The state media published the law-in-draft, comparative tables and amendments. Most importantly, headings were opened, tribunes were provided for discussions, comments and suggestions of citizens. Their Supreme Council planned to analyze, generalize and use in further work when considering the law-in-draft.

Parliamentary hearings on the proposed amendments to the PMR Constitution were held before the first reading on February 18, 2011. Representatives of all three branches of state power, as well as chairmen of city and regional Councils of People's Deputies, heads of state administrations, heads of the prosecutor's office and judicial authorities, the central bank, the Accounts Chamber, and the Commissioner for Human Rights were invited to attend. The public figures were represented by the Federation of Trade Unions of Pridnestrovie, the Public Chamber, the academic community, public organizations and political parties, labor collectives, political scientists and representatives of the media. The goal is to listen to as many opinions as possible on the proposed amendments to the PMR Constitution, discuss issues and proposals.

Galina Antyufeyeva was a member of the constitutional commission and the Head of a specialized committee responsible for consideration and adoption of the draft law to amend the Constitution. She noted that the need to amend the Constitution is long overdue and such attempts have already been made. Both previous and current authors set the main goal - to improve the activities of the state, the management system, create more acceptable conditions for the effective development of the economy and social sphere, and predetermine the prospects for further socio-political development of the PMR. The chairman of the relevant committee added that it is necessary to jointly define the concept of the proposed changes. To develop a general understanding of the system of government bodies, the mechanisms of its implementation.

One of the authors of the law-in-draft, member of the joint constitutional commission, Deputy Vladimir Bodnar, spoke at the parliamentary hearings. He spoke about the history of constitutional construction in the republic: the first Constitution was adopted in 1991, it bore the signs of the Soviet era, being a continuation of the Soviet power and the Soviet state. The republic was parliamentary according to her. Five years later, on December 24, 1995, a new Constitution was adopted at a popular referendum. For the first time, a clear division of power into legislative, executive and judicial powers appeared in it, appropriate laws were created, and the institution of government provided for by the Constitution was in effect. The republic was proclaimed presidential in 2000 by the adopted amendments to the Constitution. Vladimir Bodnar emphasized: time dictates the need to preserve the presidential form of Government in Pridnestrovie, since the recognition of statehood did not occur, the number of threats from outside did not decrease. Only one person - the President - can promptly indeed take measures to resolve emerging problems in such a situation. The parliamentarian explained that it is proposed to return to the institution of government as a collegial body of the republic's executive power. The constitutional law-in-draft provided that the Government would be formed by the President, while the Chairman of the Government was appointed with the consent of the Supreme Council. The position of the PMR President and the executive branch in general was voiced by a member of the constitutional commission, Minister of Justice Sergei Stepanov. He noted in his report, that the President of our republic made a positive decision regarding possible changes to the Constitution, and he positively perceived the holding of these hearings. The minister expressed some objections from the executive branch. Disagreement was caused by the provision in which the President is instructed to develop and submit the concepts of foreign and domestic policy of the PMR for approval by the Supreme Council. His competence should include the approval of the concept, and not its development in conditions when the president will not be the head of the executive branch. Sergei Stepanov suggested that the names Pridnestrovian Moldavian Republic and Pridnestrovie be made equivalent concepts and spelled out in the PMR Constitution.

Deputy Prosecutor of the PMR Ekaterina Lysenko noted that, in general, the proposed draft law on amendments and additions to the Constitution could be adopted, but taking into account individual proposals. She added that it is necessary to restore the previously existing chapter on the prosecutor's office in the new version of the Basic Law. At the moment, this item is in the chapter "The Judicial Power and the Prosecutor's Office", although, as evidenced by scientific research and prosecutorial practice, the prosecutor's office is an independent structure of state power and is not part of the judicial system, explained Ekaterina Lysenko.

Deputy of the Supreme Council, Chairman of the Union of Industrialists, Agrarians and Entrepreneurs of Pridnestrovie Anatoly Belitchenko added that the hearings were held at a high level and allowed an open and free exchange of views. He considers that such hearings can be compared to a referendum. The deputy noted that the republic is developing, improving, and civil society is looking for a way out of difficult situations.

The President of the Association of Independent Political Scientists of Pridnestrovie Andrei Safonov was convinced that it was necessary to improve the electoral system by moving to parliamentary elections on party lists, but at the same time it was necessary to preserve the majority system of forming local Councils of People's Deputies.

The Chairman of the Public Chamber of the Republic Valery Pyshnograev spoke at the hearings. In his opinion, the institution of Government will make it possible to positively influence the economic situation in the republic.

According to the regulations of the PMR Supreme Council, after the hearings, recommendations were developed based on the comments and proposals of the participants:

1) on recognition of the necessity and timeliness of amending the Constitution of the PMR;

2) on the support of the legislative initiative of the deputies of the Supreme Council of the V convocation on amending and supplementing the Constitution of the PMR in order to harmonize with the Basic Law of the Russian Federation, taking into account the need to streamline and optimize the system of state authorities of Pridnestrovie;

3) on the need for detailed revision of the provisions of the draft law, taking into account the opinions of the public and the proposals of the subjects of the right of legislative initiative.

The Supreme Council has been working on a constitutional law-in-draft for a year. The law-in-draft was adopted as a whole at the plenary session of parliament in the third, final reading on June 29, 2011. Thus, the first stage of updating and modernizing the Basic Law of the Republic has come to an end.

The adopted amendments to the Constitution of the republic determined the introduction of the institution of Government into the system of state power bodies. The republic resigned from the post of vice president and came out for the highest collegial executive body, which will be headed by the prime minister.

The implementation of the constitutional reform became the main milestone in the legislative work of the V convocation of the Supreme Council, which had just begun its activity in 2011. Thanks to the amendments made to the Constitution, a new body of state power appeared in the republic - the Government headed by Chairman of the Government, and the time of one President in office is now limited to two five-year terms.