US Constitutional Law verses Moldavian Constitutional law

I had to prepare an essay on this theme. So here it is.

I was thinking about the main differences of the Moldavian legislation and the American one, about the mechanisms that rule these countries, about the historical evolution and so on. So, I just found some differences which can explain the position of Moldova, and its internal processes.

First of all, these legislations can’t be compared, because of the lack of democratically history and basis, in the legislation of the Republic of Moldova. Also the corruption represents a distinguished element of the bad developed countries (this element slows down the development, political, economical, juridical…). In the United States, people are afraid to take bribes. But in Moldova, every public functionary doesn’t move without taking bribes. They are not interested in detecting the corruption. Even the professors and teachers, are got used to take bribes. And a considerable percent of them intentionally try to make the students to give the bribes.

Another negative side of Moldavian government is the Transdiestrian problem. The United States doesn’t have such a problem. There exists a certain order. And I don’t think that someday a state would like to get separated.

There’s another difference of the Parliaments. The United States have only to parties: the Republican Party and the Democratic Party, which actually have almost the same political orientation. In Moldova, the Parliament consists of a lot of parties, and each of them wants to lead in his own way, which will serve their own purposes. The two partied Parliament in the United States creates certain equilibrium in the government of the country.

I would also like to comment the elective systems. It’s from the Al Gore verses Bush case. I don’t consider the American elective system efficient and objective. And, in my opinion, thousands of votes are not taking into consideration in such a way. And probably Gore would win, if the votes were counted all together.

“Clinton verses Jones” case:

“She alleges that Ferguson persuaded her to leave her desk and to visit the Governor in a business suite at the hotel, where he made “abhorrent” sexual advances that she vehemently rejected.”- This situation, for example, even if could happen in Moldova, no one would ever find out about it. The president would do everything possible to keep this woman silent. This woman wouldn’t be brave enough to go the police officer, and accuse the president. I have never heard about cases of sexual harassment in our country. Even though I’m sure they happened anyway. It’s just that the notion of “sexual harassment” is a sort of a new one, for European and American society, but not in Moldova. Women are afraid to declare it, because they think it’s a shame. They just don’t want to fight for their rights.

“Youngstown Sheet and Tube co. verses Sawyer”

I’ve chosen this case, because I wanted to show the differences of the responsibilities, of duties and their place in the governing of the country of the American president at that moment, and the Moldavian president now. So, here are some of the phrases that I would like to comment.

“…whether the President was acting within his constitutional power when he issued an order directing the Secretary of Commerce to take possession…” – well, in the Moldavian constitution there’s the third title, which stipulates clearly the duties of the president. But the constitution of United States consists of 30 amendments, which definitely can’t explain everything.

“… Acting within the aggregate of the Commander in Chief of the Armed Force…” – our president won’t be the Commander in Chief, because it’s just not his duty. I consider in this situation the Parliament will take act.

“… the constitution limits his functions in the lawmaking process to the recommending of laws he thinks wise and the vetoing of laws he thinks bad…” – from these words I understand that the constitution of United States, normally limits the activity of the president, just to a sort of legislative duties. He has to follow the process of adopting laws. The Moldavian president has also a legislative duty, in a way. When the law is adopted by the Parliament, the President should put his signature on it, or send it back to the Parliament, to revise it.

The institution of a president is considered to belong to the executive branch. As Moldova is a parliamentary republic, the duties of the president are very limited. He just has the representative role on the international arena. I don’t think that in case of a war, our president will be the commander in Chief of the Armed Forces. Our president can make orders, but they are often purely individual orders. He can’t adopt laws, and he is totally under the control and the domination of the Parliament. So, the Executive Order 10340, would never happen in the Republic of Moldova.

About the corruption in Moldova

Corruption in our country has reached such sizes, that directly threatens national safety of the country. At existing orders when all country lives one day and it is obvious not on means, extracting money all accessible and not always in the faultless ways, bribes will take and give. Take all: from nurses in hospital (for the made injection) up to employees of the mayoralties. The last, by the way, recently have admitted, that to them at times offer bribes for rendering of the certain sort of services, but they ostensibly refuse.
The executor duties the fact of reception of bribes of its subordinates has not shaken mayor of Kishinev Vasily Ursu. It has called inhabitants of capital to abstain from bribery, approving, that only thus it is possible to eradicate corruption, in which is drowing the capital mayoralty. Such application of the chapter of city has been made at a seminar " Prevention and struggle against corruption in municipal administration ", organized most mayoralty. On V.Ursu's appeals officials dimplomatically were silent, and who was not silent, spoke, that bribes does not take. Heads of municipal managements have taken part in a seminar, mayor's suburban settlements, and also pretors sectors of capital.
Representatives of the Maximum secutiry council spoke about corruption at the head of the state, Offices of Public Prosecutor and the Center on struggle against economic crimes and corruption. With the report on a theme " As I did not take a bribe " the chapter of Military municipal center Simion Dodon which has all over the country informed that there were cases when to it offered a bribe has acted, however it never accepted a bribe. It became a little insulting for the chief of Municipal tax inspection Procopy Ducu which has admitted, that to it in general bribes never offered. And the mayor of the city Krikova Valentine Gutsan has told, that " there were certain cases ", but it too never took and did not give bribes.
According to V.Ursu, elements of corruption still exist in Management of architecture and ground attitudes though number of the officials working in this department, was reduced approximately to 70 %. Leaves, that the others of 30 % row money with a shovel, managing the same shovel to dig foundation ditches for illegal constructions in our capital. In conditions when takes or gives almost everyone, it is necessary to begin struggle with itself. But up to understanding of it is it is necessary to grow still. And all to us need only - to compete one: to officials - who has more taken, - who has less given citizens.

Daniel Litvinov

Moldova will restart the exporting of its wine

Moldova will restart the exporting of its wine and other alcoholic products, back in Russia. Over a period of 4 months, the Republic of Moldova was imposed to stop the exporting of wine, because of the interdictions that Russian Federation had established against Moldova production. The main cause was declared as the high concentration of pesticides in Moldavian wine. A lot of deputies, both from Moldova and Russia, considered this act as a political one, because at the same time, Georgia also suffered from the same interdictions.

Besides the Wine Holdings from Moldova, from this situation also suffered other companies, like Carmez “carne, mezeluri”, also all sort of canned food producing companies. So, Moldova’s industry, economy suffered huge losses. Many of them had to end their activity, and thousands of people became unemployed.

And after the last meeting of both presidents, Vladimir Voronin and Vladimir Putin, had settled the restart of exporting of wine, again to Russia. But still many journalists consider this a change of political mood of Russia, and they are not sure weather the pesticides could be taken out of Moldavian wine, which also served as a pretext for interdictions.

The decision of the government concerning the development of mobile telecommunication, GSM standard

This decision had been published in the Official Monitory on 20.10.2006.

Yet we have to mobile operators: Moldcell, and Voxtel (the last one, in the nearest future will change its name into Orange). The cost of mobile services nowadays is really expensive for citizens, and also comparing to international taxes, which are much lower. Moldova’s market, for sure, needs more concurrence in this domain.

So the tax for the license of performing mobile services represents 8 million dollars. This will be the third license of that type. And the company which will possess it will be selected through a contest. After this procedure, the selected company will transfer 4 million dollars to the bank account of the Minister of Finances, and the rest 4 will be transferred in the following 2 years.

All the details about this decision on this link http://justice.md/lex/document_rom.php?id=57C6DECA:27FC8D84

There exists a version that this license could be given to Moldtelecom, which represents the main and only telephone operator in Moldova. Besides fixed telephone services, it provides also internet services, and also cheap VOiP. Moldtelecom represents the monopolist company in Moldova and the state protects its activity, doesn’t let other operators to activate in Moldova, like it is in other countries. That's why Moldtelecom likes to raise its taxes anytime they want.

Chisinau authorities do whatever they want with the public property

On NIT has just said about the reconstruction of the biggest park in Chisinau. Vasile Ursu, which is the executor of duties of the Chisinau mayor (also the representative of the communist party), has told that on a place of the huge lake, situated in Valea Morilor park, an entertaining complex will be constructed: an aqua park, a parking place, a hotel, different bars, restaurants, and all kind of distractive places. Also the president of the Republic of Moldova, Vladimir Voronin, had added that – it is necessary to allow constructing to all wishing investors in the park, and finally transform it in pleasant vacation spot, (even though it was one of the favourite place of Chisinau citizens, and they really enjoyed its natural state).

This summer, this lake suffered some very strange actions. One morning the people had to become witnesses to an ecological catastrophe. All the fish in the lake had died and emerged. The horror of this scene was increased by the awful smell of the dead fish. There where many versions about this event. But the public authorities, as the main version consider the high temperature which exhausted the fish and caused its death. Even though there was another version, that the fish was murdered purposely, for certain reasons.

After this declaration on TV, about the construction of an entertaining center, the last version seems to be very real. The public authorities hide many facts for sure.

Central Committee's Application, of the Party of communists of the Republic Moldova

acted on Wednesday to address of agency NEWS-Moldova .

In this connection in the document it is emphasized, that " Transnistrian authorities feverishly prepare for coming nearer presidential elections of the self-proclaimed republic. In a manner peculiar to them which are completely dropping out from рамок of democratic norms and principles, they suppress any heterodoxy, also freedom of citizens cynically violate the rights. On this unattractive background especially actual there is one of the most necessary conditions of the peace and final sanction Transnistrian problems - democratization of region, granting to its distressful population of the political rights and freedom accepted in the civilized world ".

A lot of diplomats of OSCE are going to visit Moldova

A plenty of diplomats of OSCE are going to visit Moldova with official visit which takes place between November, 10th and 13. The delegation consists of from above 30 diplomats of OSCE, including the Belgian ambassadors on service in OSCE, and also the Finnish representatives of the European union, Russia and the USA. Diplomats are invited to Kishinev, Ministers for Foreign Affairs. The purpose of arrival consideration Приднестровского of the conflict. The meeting will pass with officials of Republic of Moldova, and also with political fractions, and the representatives of Transdniestrian administration.

Integrated History texts will be examined by Academy of Sciences commission

A commission formed of 35 doctors of history, academicians, habilitated doctors, correspondent members of the Academy of Sciences of Moldova (ASM) and scientific researchers will analyze the integrated history textbooks used in schools in Moldova.According to the ASM’s press service, the commission members were designated by the Supreme Council for Science and Technological Development as a result of a working meeting between decision makers and at the request of the Institute of History, State and Law of the ASM.

The persons that want to take part in the examination of the texts should apply to the mentioned commission. The experts will present their reports by December 25 after which a commission will forward specialists’ recommendations to the Ministry of Education and Youth.

reporter.md

The integrated history was introduced in the school curriculum, since this year. Before it, there was romanian history instead. Integrated history represents the history of the part of the moldavian province, which is called Basarabia, today's Republic of Moldova. Many historians, teachers and proffessores were very frustrated by the introducing of this integrated history. They consider it an invented one. There are many facts that are changed in it, on a certain purpose. The notion of integrated history is considered to be a political invention, in order to try to represent that Moldova had been historically separated from Romania, which is evidently wrong.

Saddam Hussein sentenced to death by hanging

World events

Saddam Hussein is sentenced to a death penalty through hanging, for the main reason, crimes against humanity, including its totalitarian character. On November, 5th Hussein has been recognized guilty on business about murder 148 shiits in place Shiite town of Dujail in 1982 after the attack accomplished there on a presidential train. The court has recognized also guilty on business about massacre and has sentenced to life imprisonment of former vice-president of Iraq Taha Yasin Ramadana.
According to Saddam’s opinion, this punishment is humiliating. As a military criminal he considers a bullet more correctly in this situation.
The reasons of this sanction are surely political first of all. American republicans are being blamed for the Iraq war, and this verdict could serve as an advantage for them, on the intermediate congressional elections, which will take place on the next day.
The legal procedure on Saddam took place more than a year. The case was investigated by 5 judges, which were replacing one another for several reasons. The 3 lawyers of Saddam Hussein were killed.

Even though the verdict seems to be very cruel, some political analysts consider that Saddam could be amnestied.

Chisinau declares Moldova's Customs Service fully controls export from Transnistria

The Ministry of Reintegration says the Customs Service of the Republic of Moldova has full control over the export from the Transnistrian region. At the same time, the Moldovan customs agencies control only 10% of the imports into Transnistria.

According to the Ministry of Reintegration, the establishment of full control over exports is due to the protocol on the border crossing regime for goods signed by the customs services of Moldova and Ukraine on May 15, 2003.

By November 1, the State Registration Chamber of Moldova has registered 248 Transnistrian economic operators, including 135 on a temporary basis and 113 on a permanent basis.

The goods exported and imported by the Transnistrian businesses, which were checked by Moldova's Customs Service between March 1 - November 1, 2006, totaled over 3.642 billion lei, including over 3.98 billion lei exports and 543,913 million lei imports. Metal products account for over 74% of the exports.

On November 1, the Government extended the decision No.1001 of September 19, 2001 regarding the declaration of goods by the Transnistrian economic agents until January 1, 2008./

reporter.md

Moldova has again an output to the sea!

Moldova has finished the building of the international Giurgiulesti terminal on the Danube River. Now it can accept the sea vessels from anywhere. The president of Moldova declared that this is a very important economical, social and political event, which could lead to new international relations, to the touristy development, and to new working vacancies for our people.

The first sea vessels will arrive by the end of 2006. It has mooring for bulk-oil tankers, 8 tanks for storage of mineral oil by the general capacity of 52 thousand tons. The terminal is equipped by modern system of a storm drain and clearing of residual waters, and also waters with the maintenance of oil, the substation automated by system of fire protection.

Construction Giurgiulesti of the international terminal proceeded 10 years with breaks because of difficulties with financing the project in cost almost 30 million dollars. The Azerbaijan company Danube Logistics SRL known earlier as Azertrans SRL was engaged in realization of the project.

Why Transnistria has no right of being independent.

The Soviet socialist Autonomic Moldavian Republic was formed in 1940, with the initiative of a local group, headed by Kotovsky. So, as you see, this wasn’t the will of the population. No elections, no referendum took place. This was the action of a small group of people, which wanted to promote their own interests, and of course by support of the USSR. In conclusion, Transnistria was taken illegally from Basarabia, without its accordance. Can they now ask for independence, basing on the fact, that they used to be separated illegally? Of course – not! The population of Transnistria was formed by Romanians (Moldavians), and it was violently assimilated with Ukrainians and Russians brought from abroad.

Even nowadays, the considerable part of population of Transnistria consists of Moldavians, more than 40 %. They represent the native population.

No region can ask for independence whether it consists of the same people as the rest of the country. Only an entire nation can ask for independence. Transnistria doesn’t represent that case. These are the same people that live on the territory of the Republic of Moldova. Here, we also have Russians, Ukrainians, Bulgarians, Turks, Jews, etc. But they represent an ethnic group, same as the Russians and Ukrainians in Transnistria.

The political authority has an illegal existence in Transistria. There were no states that recognized the independence of Transistria in the early 90’s. You can’t be independent if no one recognizes it.

About the referendum that took place in September, 2006, there’s an opinion of the head of the OSCE mission in Moldova:

“The OSCE will not recognize this referendum, and we have no intention to support or observe a unilateral action, which calls into question the territorial integrity and sovereignty of the Republic of Moldova...”. The international observers, often are not let in on the territory of Transnistria, especially at elections. This demonstrates the non-democratic character of the Transnistrian so called “government”, and their political behaviour.

The referendum was against the constitution of the Republic of Moldova. Because it represent a unitary state, not a federation, that’s why no region can ask for independence, especially if the interest of other countries are involved.

Passive strike in Chisinau, on the 29-th of October 2006

There was formed a special committee to sustain the declaration of the Romanian president Traian Basescu, about the integration of the Republic of Moldova in the European Community together with Romania, at 01.01.2007.

According to the Infotag Agency source, as the president of this Committee was chosen a university professor Vasile Ursu, as vice president – Ilie Bratu (the president of the unification movement from Moldova), Nicolae Dabija (the president of the democratic Romanians from Moldova, the president of the Romanian union from Basarabia), Dionisie Gutu (the president of the national Romanian party).

The committee considers that the slogans of the authorities from Chisinau, about the integration of the Republic of Moldova in the European Community by itself as an independent state, represent simple speculations, with the purpose of confusing the electors and the international public opinion. “The integration of the Republic of Moldova in the European Community is possible only in case when this territory will become an integrate part of the United Romanian State.”

This committee intends to organize a passive strike, on the 29-th of October, on the Big National Square, to sustain the initiative of the Romanian President, Traian Basescu.

In case of the opposing of the authorities, to agree to this statement, they promise to organize massive strikes and movement, according to the legislation.

Russia breaks the sovereignty of the Republic of Moldova

As it is mentioned in its constitution, the Republic of Moldova is a sovereign, independent state. So this means that it is independent in solving all sorts of problems, including internal and external problems. So economical reforms, for example, administrative or constitutional, whatever it can be, Moldova has the right to resolve them by itself, as well as the international traits. After the disintegration of the USSR, Moldova gained the right to be independent in all its activities. But Russia doesn’t consider so. Not looking at different international agreements, Russia stills keeps it munitions on the territory of Transnistria, which is a territorial part of Moldova. Russian Federation promised many times that it will take the munitions, but yet they didn’t do that. They use to call it “Peacemakers” - which is definitely not the perfect identification of their activity there. Because as the Transistria’s government is located illegal there, the same thing Russian military bases do. They are situated there against the agreement of the Government of the Republic of Moldova and of any other states.

In conclusion: Russia kept its aggressive and dominative character, especially against the states that she used to dominate some time ago.

Republic of Moldova – is or not a State of Law

Trying to analyze whether Moldova is or not a state of law, by its entire criterion, you can get a doubtful opinion.

The first article, point 3, of its Constitution, sustains that the Republic of Moldova is a state of law: “the Republic of Moldova is a state of law, democratic, where the human dignity, the human rights and liberties, the free development of the personality, the right and the political pluralism represent the guaranteed supreme values.”

This article really counts all this criterions of a state of law. But the real political and social life differs from what is written in the constitution.

As I mentioned earlier, only a democratic country can pretend to be a state of law. Moldova is being democratic only for 15 years. Our democracy is very young and brittle. Our government doesn’t have that mush experience, to be able to pronounce that law is the supreme power in this state. We are under a huge black spot for being a part of the USSR. This had a total opposite political regime from a state of law. And after the break up from USSR, the Republic of Moldova was trying to redirect its political orientation.

By the form of Government, the Republic of Moldova is a state of law. Is has the separation of powers. By the way it is a parliamentary republic, which is even more democratically than the presidential republic. The population secretly votes the Parliament. The legal procedure of elections is supervised by the international supervisors.

Another characteristic of a state of law, is the Supremacy of Constitution. The Republic of Moldova also respects this. No legal norm can be applied if it is contrary to the Constitution.

By all this steps Moldova seems to be a state of law. But, somehow, the biggest problem is the violation of human right. It exists anyway, not by laws, but by the disorder, by no control of the society and the political authorities. First of all it’s the judicial organs. There were many cases, when Moldovan Supreme Court was giving the person a verdict, which was violating his rights. And after the appealing to the European Supreme Court, the Republic of Moldova, for many times was receiving punishments from it (had to pay certain sums of money to the plaintiffs, and had to agree that they activated against the human rights).

In conclusion: Moldova is formally a State of Law,. Even though it is written in the Constitution so, in many situations it doesn’t reflect the real situation, because of the corruption of the political and judicial authorities, because of not having any democratic experience. So, the Republic of Moldova has to evolve a long period of time, to perfect not only its legislative domain, but also its executive power. Constitution should be an active document. As the basis of all the activities, should serve the human rights not only formally, but in fact.

State of Law

State of law is an institutional form of political organization of society, which has as the main aim the protection and promotion of the basic human rights and liberties. State of law is not a state where the laws are respected, but it is a state where the human rights serve as the primordial values for the whole government, for population and for the social ideas.

The characteristics of a State of Law:
Normally, the first characteristic is the level of democratization of the state. A totalitarian state cannot be a State of law. It can be determined by the electuary fact – how the election procedure takes place. If the whole population, that reached the age 18, has the right to vote the Parliament, to vote secretly and by his own will. The population should have the right to change their representatives in the Parliament, the governors, anytime they want it.
By its form of government – a State of Law is based on the principle of the separation of the state powers. This principle guarantees a real independence of the justice. Each political, institutional authority should have its own domain of influence. A contrary example can serve the USSR, or other totalitarian states which denied this principle.
The supremacy of Constitution, which is based on the fundamental human rights, and liberties, which everyone should obey, and no other juridical norm, no governor can conquer it.
Equal rights and chances to everyone. A State of Law is a social state anyway, which protects the rights of every human, no matter of his age, sex, nationality, religion, social status etc.

In conclusion, a State of Law is, first of all, a democratically governed state.