EN Funcționarii sunt precum carțile dintr-o biblioteca: cu cât sunt plasați mai sus, cu atât sunt mai nefolositori.
A. Karr

Politicienii noștri au învățat să mintă, fără să spună minciuni. Că doar la urmă să descoperi ca “adevărurile” lor, luate toate împreună, alcătuiesc o mare Minciună.
Nicolae Dabja

Nimic nu este mai respingator pentru o democratie decat inchiderea unei persoane sau incarcerarea ei din motiv ca nu este populara. In aceasta consta adevarata testare a civilizatiei.
Winston Churchill

Prin democraţie înţeleg că ea îi conferă celui mai slab dintre noi aceleaşi şanse ca şi celui mai puternic.
Mahatma Gandhi

Democrație si astfel, neputând face ca tot ceea ce este just sa fie tare, s-a făcut ca tot ceea ce este tare sa fie just.
Blaise Pascal

Democrație înseamnă cineva care vrea sa înalte poporul pe umerii săi, nu cineva care vrea sa se înalte el pe umerii poporului.
Nicolae Iorga

De regula, peste democrațiile infantile, pe lângă plaga sărăciei si corupției, mai vine si ciuma naționalismului.
Valeriu Butulesc

Prima CAPC Projects

CAPC Projects

ContentTitleCategoryProject type
2011-11-01

Available only in Romanian.

Corruption proofing - stage 5Expertise, Information and adviceProject implemented
2010-10-19

Available only in Romanian.

(Română) Suport informaţional Autorităţilor Publice Locale (APL) în elaborarea actelor normative localeInformation and advice, LegislationProject implemented
2015-04-01

Available only in Romanian.

(Română) Promovarea măsurilor restaurative în cauzele de corupţieInformation and adviceProject implemented
2008-07-01

In July 2008, with the financial support of the Swedish Helsinki Committee for Human Rights, CAPC launched the "Anti-Corruption Awareness Raising through Radio Shows" Project. The project lasted until December 2008 and provided for production of a series of 23 shows entitled "Corruption Free Zone", implemented in cooperation with Radio Noroc. Between 1 July and 10 September 2008 the first 12 shows were broadcasted, each Monday and each Wednesday, then these shows were broadcasted each Wednesday, between 19.00-20.00.

Project Overall Objective: Educating intolerance of the general public towards corruption through involvement of the media and of the public officials in raising awareness about the human rights of the corruption victims and granting free legal assistance to them.

Specific Objectives which will contribute to the achievement of the overall objective are:

  • Dissemination of information and legislative innovations regarding human rights and ways of fulfilling them;
  • Increasing the transparency of the public authorities to discuss about corruption affecting human rights’ fulfilment;
  • Providing access of the public to free legal assistance in corruption cases affecting human rights' fulfilment.

Every radio show was attended by the CAPC lawyers and by the representatives of public authorities. The radio shows discussed various aspects of the topics addressed and replies were given to the written messages sent by listeners during the show. Throughout the show, listeners were able to call the CAPC hotline to denounce violations they knew and which were related to the topic of the show.

 


Shows made


08 2008


Corupţia, împiedică realizarea drepturilor omului?
4 08 2008


Corupţia în medicină afectează dreptul la viaţă şi sănătate? Tratamentul pacienţilor oncologici.

6 08 2008

Corupţia în învăţămînt afectează dreptul la educaţie? Bacalaureatul şi admiterea 2008.
11 08 2008

Noua Lege anticorupţie va schimba ceva?
13 08 2008

Corupţia poate afecta dreptul la libera circulaţie? Taxele ilegale colectate de şoferii rutelor internaţionale cu pretextul facilitării trecerii în vamă.
18 08 2008

Corupţia în rîndurile poliţiei afectează dreptul la securitate individuală?
20 08 2008

Corupţia afectează dreptul la un proces echitabil? Neexecutarea hotărîrilor judecătoreşti generează mecanisme corupţionale.
25 08 2008

Corupţia în administraţia publică locală împiedică soluţionarea problemelor cetăţenilor.
27 08 2008

09 2008

Corupţia afectează libertatea asocierii şi dreptul la învăţămînt gratuit? Contribuţiile forţate prin intermediul asociaţiilor părinteşti şi fundaţiilor.
1 09 2008

Dreptul la muncă poate fi afectat de corupţie? Noua lege a securităţii şi sănătăţii în muncă.
3 09 2008

Ce este conflictul de interese şi de ce trebuie acesta reglementat special?
8 09 2008

Corupţia în administraţia publică locală
10 09 2008

Corupţia în vamă
17 09 2008

Declararea veniturilor şi averilor funcţionarilor este o modalitate eficientă de prevenire şi combatere a corupţiei în Republica Moldova?
24 09 2008

10 2008

Corupţia în rîndurile poliţiei rutiere
1 10 2008

Plăţile neoficiale în învăţămînt
8 10 2008

Corupţia cumpără grade de invaliditate?
15 10 2008

Noua lege a protecţiei martorilor asigură garanţii suficiente pentru protecţia celor care denunţă fapte de corupţie?
22 10 2008

Corupţia generată de sistemul asigurărilor medicale obligatorii
29 10 2008

11 2008

Corupţia generată de sistemul asigurărilor medicale obligatorii – continuare
5 11 2008

Prevenirea corupţiei
12 11 2008

Corupţia în universităţi
19 11 2008

Corupţia în rîndul avocaţilor: mit sau realitate?
26 11 2008

 

Radio broadcasts "Corruption free zone"Information and adviceProject implemented
2006-03-01

The project „Decreasing of the corruption level through civil society implication in the legislative creation process” (Corruption proofing – stage 1) was implemented in the period of March 2006 – October 2006 with the financial support of the Eurasia Foundation through financial resources given by USAID.

The Project Mission was to decrease the corruption level through the involvement of the civil society in the legislative drafting process and creation of the preconditions necessary to set up an institution (representative of the civil society) to monitor on a permanent basis the legislative drafting process, for the purpose of excluding the legal provisions favouring corruption.

The Project started with the following preparatory activities:

  • Project logistics;
  • determination and approval of the fields of corruption proofing expert review and criteria for selecting the draft legislative acts put forward for the expertise process;
  • drawing up and approval of the Instruction, setting the institutional and organizational framework for proceeding with the corruption proofing expert review process;
  • drawing up and approval of the Methodology to allow proper identification of the elements of corruptibility in the draft legal acts;
  • selecting and training the experts in corruption proofing expert review.

After the described preparatory activities, the direct corruption proofing expert review of the draft legislation was launched. 79 draft legal acts were subjected to corruption proofing expert review (see the expert review reports no. 001-079).

Corruption expertise - stage 1ExpertiseProject implemented
2015-05-01

Available only in Romanian.

(Română) Consolidarea eforturilor societăţii civile de monitorizare a reformei sectorului justiţieiMonitoringProject implemented
2006-10-01

The Corruption Proofing Project (stage 2) was a follow-up of the pilot project the “Decreasing the level of corruption through civil society involvement in the legislative process" (corruption proofing - stage 1) and was implemented by CAPC from 1 October 2006 to 1 October 2007 under the Joint Project of the Council of Europe and European Commission against Corruption, Money Laundering and Terrorist Financing in the Republic of Moldova (MOLICO), co-financed by European Commission, Swedish International Development Cooperation Agency and the Council of Europe.

The following activities were implemented under this project:

  • development in partnership with CCECC of the Methodology for corruption proofing of the draft legislation and other regulations and their review by the experts of the Council of Europe;
  • development of guidelines for corruption proofing of draft legislation and other regulations;
  • corruption proofing of the draft laws (202 draft laws were reviewed, expert review reports No. 080-281);
  • organizing training sessions for CCECC (1 training session);
  • organizing training sessions for central and local public authorities (14 training sessions conducted in the southern and central rayons of the country);
  • preparation and public presentation of the Study on the effectiveness of the corruption proofing mechanism.
Corruption expertise - stage 2ExpertiseProject implemented
2015-09-01

Available only in Romanian.

(Română) EXPERTIZA CORUPTIBILITĂŢII PROIECTELOR ACTELOR LEGISLATIVEExpertise, LegislationProject implemented
2008-04-19
"Corruption Proofing" Project is implemented by the Centre for the Analysis and Prevention of Corruption (CAPC) within the framework of the Joint Project of the European Commission and the Council of Europe against corruption, money laundering and terrorist financing in the Republic of Moldova (MOLICO), co-financed by the European Commission, the Swedish International Development Cooperation Agency (SIDA) and the Council of Europe.
The contents of this publication are the sole responsibility of the CAPC experts and can in no way be taken to reflect the official opinion of the European Union, SIDA and the Council of Europe.

The Project „Corruption Proofing of the Draft Legislative Acts and Dissemination of Best Practices”, is envisaged to last throughout the period of April 2008 – January 2009 (hereinafter referred to as „Corruption Proofing – stage 3”) is a follow-up to the Project „Corruption Proofing – stage 2”, implemented in the period October 1, 2006 – October 1, 2007.

Project Mission: Promotion of the Corruption Proofing Methodology and advancing the CAPC and CCECC corruption proofing best practices.

The Project was carried out in the framework of the Joint Project of Council of Europe and European Commission against Corruption, Money Laundering and Terrorist Financing in the Republic of Moldova (MOLICO), co-financed by European Commission, Swedish International Development Cooperation Agency and Council of Europe, supporting a series of activities divided in 4 Modules:

Module I. Joint CAPC and CCECC training of the central and local public authorities on corruption proofing of draft legislation and draft regulatory acts of the Government

Module II. Promotion of the corruption proofing methodology as best practice in preventing corruption

Module III. Supporting the legislative process by submission of corruption proofing expert reports on draft laws of the Parliament

Module IV. Developing an electronic template to facilitate the writing of the corruption proofing expert reports and subsequently transferring it to the CCECC

"Corruption Proofing" Project is implemented by the Centre for the Analysis and Prevention of Corruption (CAPC) within the framework of the Joint Project of the European Commission and the Council of Europe against corruption, money laundering and terrorist financing in the Republic of Moldova (MOLICO), co-financed by the European Commission, the Swedish International Development Cooperation Agency (SIDA) and the Council of Europe.
The contents of this publication are the sole responsibility of the CAPC experts and can in no way be taken to reflect the official opinion of the European Union, SIDA and the Council of Europe.

The training sessions “Corruption proofing of the draft regulatory acts” in the districts of were envisaged to be carried out in 8 Southern regions of the Republic of Moldova.

Training Objectives
The overall objective of the training is to provide support to the local government for the improvement of the local regulatory activity. The trainings will aim to:

  • promote the corruption proofing methodology at the local level
  • training up to 160 persons involved in developing, advising and approval of draft regulatory acts at the local level
  • developing skills of identifying and avoiding corruption risks’ elements in the regulatory acts at the local level

Target audience
Representatives of the local government (mayors of villages, district counsellors, secretaries of district councils and village administrations’ secretaries, as well as other persons involved into the process for elaboration of draft decisions on the local level)

Expected Outputs:

  • local public authorities familiarized with the corruption proofing methodology;
  • better awareness of the corruption phenomenon and consequences;
  • improved quality of the regulatory acts passed at the local level.

Training Contents:

  • Development and justification of the draft local regulatory acts
    Addressing this subject in local trainings is of particular interest to representatives of local authorities (based on the CAPC experience), because in this training the local authorities were trained how to prepare a draft regulation: the general law-making requirements, regulations governing this process, the necessary preparatory procedures; the need to substantiate regulations; the consequences of non-observance of rules for the drafting and approval of the draft regulations. Teaching this issues was accompanied by review of some case studies distributed to participants.
  • Corruption and other risks to be avoided in the drafting of the local regulatory acts
    Corruptibility elements are examined in parallel with other errors made in the development and promotion of draft laws. Consideration of this subject is aimed at informing participants about the concept and categories of corruptibility elements, the negative impact of these elements. The training participants reviewed also some case studies and were requested to identify and qualify certain elements of corruptibility in cases distributed by the trainer.
  • Concept and regulation of the corruption proofing of regulatory acts
    While reviewing this topic, participants are informed about the mechanism of corruption proofing of draft laws: the causes that led to the promotion of this mechanism, the institutions involved in this process. Participants are explained about the purpose of the Methodology of corruption proofing, the practical application of this Methodology, they are shown the results of implementation by CAPC of corruption proofing etc.
  • National anticorruption mechanisms
    This theme covers topics on legislative and regulatory acts in the field of preventing and combating corruption, more attention being given to new regulations (Law on Preventing and Combating Corruption (new version), Law on the conflict of interest, Code of conduct for public officials, Law on public service and the status of public servant, etc.). Also, participants are familiarized with new initiatives in preventing and combating corruption and anti-corruption projects carried out in Moldova, both by national, as well as by regional and international agencies. Another subject of this theme relates to agencies involved in preventing and combating corruption, the competencies of each authority. While teaching this theme, trainers use the results of surveys assessing the perception of corruption by the population, statistics on the number of corruption offences, elaborating on hypothetical situations or real cases (by observing confidentiality of identity), etc.
"Corruption Proofing" Project is implemented by the Centre for the Analysis and Prevention of Corruption (CAPC) within the framework of the Joint Project of the European Commission and the Council of Europe against corruption, money laundering and terrorist financing in the Republic of Moldova (MOLICO), co-financed by the European Commission, the Swedish International Development Cooperation Agency (SIDA) and the Council of Europe.
The contents of this publication are the sole responsibility of the CAPC experts and can in no way be taken to reflect the official opinion of the European Union, SIDA and the Council of Europe.

The methodology for corruption proofing of draft laws (hereinafter referred to as Methodology) was developed to establish procedures and mechanisms for expert review of corruptibility of the draft legislation.

The expert review of corruptibility of draft legal acts carried out by independent experts, serves as a contribution of the civil society to the establishment of a modern legal framework compliant with the European legal framework. The Contribution of the Centre for Analysis and Prevention of Corruption (CAPC) is put into value in accordance with the Concept Paper for Cooperation between the Parliament and the civil society, approved by the Parliament Decision No. 373-XVI of 29 December 2005.

See the text of the Methodology.

"Corruption Proofing" Project is implemented by the Centre for the Analysis and Prevention of Corruption (CAPC) within the framework of the Joint Project of the European Commission and the Council of Europe against corruption, money laundering and terrorist financing in the Republic of Moldova (MOLICO), co-financed by the European Commission, the Swedish International Development Cooperation Agency (SIDA) and the Council of Europe.
The contents of this publication are the sole responsibility of the CAPC experts and can in no way be taken to reflect the official opinion of the European Union, SIDA and the Council of Europe.

"Corruption Proofing" Project is implemented by the Centre for the Analysis and Prevention of Corruption (CAPC) within the framework of the Joint Project of the European Commission and the Council of Europe against corruption, money laundering and terrorist financing in the Republic of Moldova (MOLICO), co-financed by the European Commission, the Swedish International Development Cooperation Agency (SIDA) and the Council of Europe.
The contents of this publication are the sole responsibility of the CAPC experts and can in no way be taken to reflect the official opinion of the European Union, SIDA and the Council of Europe.

"Guide on corruptibility expert review of draft legislative and other regulatory acts" (hereinafter referred as “the Guide”) was developed by the CAPC in December 2006 and was assessed by the Council of Europe experts.

The Guide aims to contribute to the activity of preparing the expert review reports to identify the legal norms with risks of favouring corruption, being a legal-theoretical basis for the activity of corruption proofing of draft legislative acts. This document is useful also for the process of legal and regulatory acts’ drafting, as it provides information about the normative constructions and omissions generating negative effects. This Guide was drafted in accordance with the provisions of the Law No.780-XV of 27.12.2001 on legislative acts and the Law No.317-XV of 18.07.2003 on the regulatory acts of the Government and of other authorities of public and local administration, being also the first ample methodology for corruption proofing of the draft legislative and regulatory acts.

Publication available in Romanian (revised and updated version)Russian and English (initial versions) languages 

"Corruption Proofing" Project is implemented by the Centre for the Analysis and Prevention of Corruption (CAPC) within the framework of the Joint Project of the European Commission and the Council of Europe against corruption, money laundering and terrorist financing in the Republic of Moldova (MOLICO), co-financed by the European Commission, the Swedish International Development Cooperation Agency (SIDA) and the Council of Europe.
The contents of this publication are the sole responsibility of the CAPC experts and can in no way be taken to reflect the official opinion of the European Union, SIDA and the Council of Europe.

Nagacevschi Vitalie
Expert in Constitutional and administrative law, justice and home affairs, human rights and freedoms

Lawyer, attorney, President of the NGO "Lawyers for Human Rights”, member of the Board of the Lawyers’ Union of Moldova. Professional experience in prosecution, Ministry of Justice. Co-author of the report on compatibility of Moldovan legislation with the requirements of the European Convention on Human Rights, the draft law on refugees, the draft law on prosecution.

Gurin Corneliu
Expert in Constitutional and administrative law, justice and home affairs, human rights and freedoms

Lawyer. Professional experience within the Parliament Office, holder of the highest degree of qualification in public service. Co-author of the Law on legislative acts, the Electoral Code, the General classifier of legislation of the Republic of Moldova, the Law on procedure of repairing the damage caused by unlawful actions of the criminal investigation and preliminary investigation authorities, the prosecution authorities and the courts; Law on the status of refugees, the Consumer Co-operative Law, Law on the manufacture and circulation of ethyl alcohol and alcoholic products, numerous draft legal acts and legal expertise. Co-author of some publications in the field of constitutional law, fundamental rights and freedoms.

Rusu Eugen
Expert in Constitutional and administrative law, justice and home affairs, human rights and freedoms

Lawyer. Professional experience in prosecution. Former Member of Parliament (legislatures XIII and XIV), chair of the Legal committee for appointments and immunities of the Parliament of Moldova. Member of the Committee for Combating Trafficking in Human Beings. Member of the Working Group for promotion of reforms of the juvenile justice system.

Mirza Veaceslav
Expert in Constitutional and administrative law, justice and home affairs, human rights and freedoms

Master of Law, national expert of the Institute for Penal Reform, the EU-UNDP BUMAD programme . Professional experience in public sector (The Office of the President of the Republic of Moldova) and private sector. Author and co-author of many draft laws and by-laws (draft Enforcement Code (Book II), draft Administrative Offence Code, member of working groups for finalization of the Code of Criminal Procedure, the Criminal Code, improvement of justice efficiency, etc.). Experience in the expertise of legal acts in terms of constitutionality, compliance with the Convention for the Protection of Human Rights and Fundamental Freedoms and the European Community legislation.

Rosca Nicolae
Expert in Economy and Trade.

Doctor of Law, Associate Professor, attorney. Member of the Commission for licensing notary activities and the and Commission for licensing of attorneys. Co-author of the draft law on real estate cadastre; draft Law on licensing; draft Law on Condominium, the draft law on the protection of small entrepreneurs, the draft law on limited liability company, the draft law on non-profit organizations; the draft Civil Code. Author of numerous publications on business law and civil law.

Baes Sergiu
Expert in Economy and Trade.

Doctor of Law, Associate Professor, attorney. Chair of the Commission for licensing of attorneys. Arbitrator in the Court of Arbitration at the Chamber of Commerce and Industry of the Republic of Moldova and the Romanian Association of Commercial Arbitration. Co-author of the draft law on real estate cadastre, the draft law on limited liability company, the draft Civil Code, the draft law on non-profit organizations. Author of numerous publications in the field of civil law and business law.

Pagoni Domnita
Expert in Economy and Trade.

Lawyer, doctoral student, senior university lecturer. Professional experience in private sector. Co-author of the draft Civil Code. Author of a large number of publications in the field of civil law.

Jigau Radu
Expert in Economy and Trade.

Lawyer, university lecturer, industrial property adviser. Professional experience in private sector.

Armeanic Alexandru
Expert in Budget and Finance.

Doctor of Law, Associate Professor, Head of Department at AESM. Professional experience in the Ministry of Justice and the Office of the President of the Republic of Moldova. Author of an impressive number of publications in the field of taxation and finance.

Ermurachi Victor
Expert in Budget and Finance.

Master of Law, university lecturer, attorney. Member of Board of the Fund for guaranteeing deposits in the banking system. Professional experience in private sector.

Cojocaru Cristina
Expert in Education and training, culture, cults and media

Lawyer. Master of private law. Teaching experience as a lecturer at the English-speaking division of the Law Department of MSU. Professional experience in the EU-supported Project “Civil and Commercial Judiciary" in Moldova, the U.S. Embassy in Moldova and the Centre for Analysis and Prevention of Corruption. Co-author of publications in preventing and combating trafficking in human beings and justice.

Meresevschi Vladislav
Expert in Education and training, culture, cults and media

Licentiate of history and law. Professional experience in pre-university education and local public administration.

Marian Silvia
Expert in labour law, social insurance, health and family

Doctor of Law, Licentiate of economics, Associate Professor. Professional experience in Administration of AESM, higher education and private sector. Represented AESM in civil and criminal cases in the courts; Territorial Cadastral Office, Ministry of Justice, State Registration Chamber of the Department of Information Technology, Ministry of Education, Youth and Sports, etc. Author of publications in the field of civil law, land law, business law, labour law, tax law.

Apostol Lilian
Expert in labour law, social insurance, health and family

Lawyer. Lecturer at the Centre for retraining of the prosecution staff. Professional experience in prosecution.

"Corruption Proofing" Project is implemented by the Centre for the Analysis and Prevention of Corruption (CAPC) within the framework of the Joint Project of the European Commission and the Council of Europe against corruption, money laundering and terrorist financing in the Republic of Moldova (MOLICO), co-financed by the European Commission, the Swedish International Development Cooperation Agency (SIDA) and the Council of Europe.
The contents of this publication are the sole responsibility of the CAPC experts and can in no way be taken to reflect the official opinion of the European Union, SIDA and the Council of Europe.

In October 2007, CAPC released the "Effectiveness of the Corruption Proofing Mechanism Study" (hereinafter referred to as" Study ").

The Goal of the Study is to identify the effectiveness of the mechanism for corruption proofing of the draft legislation. A summary of the main findings of the study is presented below.

In the period of October 2006 – October 2007 CAPC put under corruption proofing expertise a total of 202 draft legislative acts placed on the website of the Parliament. In their reports, the CAPC experts formulated objections about 2256 elements found in the drafts subjected to expertise. Upon writing of this study 117 of 202 draft laws put under expertise were passed by the Parliament and published in the Official Gazette.

  • Categories of corruptibility elements most frequently identified in draft laws are: faulty reference and allocation-of-regulatory-authority norms, conflict of laws and lacunas (35,6%), excessive or ambiguous discretionary powers of the public authorities (28,6%) and defective linguistic formulations (21,9%).
  • Effectiveness of the corruption proofing reports drawn up by the CAPC experts was measured by verifying the acceptance of 1064 objections about concrete corruptibility elements found in 117 draft laws put under expertise, which have been passed by the Parliament. Of 1064 objections 562 were accepted, representing an output of 52,8% of the corruption proofing reports presented by the CAPC experts.
  • Transparency of the legislative process. The failure to publish the informative notes on the website of the Parliament together with the text of the draft legislative acts was constantly criticised in the expert reports of the CAPC. Following these critics the practice of placing the informative notes on the Parliament’s website was influenced considerably. The effectiveness of these critics became visible after the first 6 months. Since May 2007 the frequency of making the informative notes public started to increase and as of July 2007 there were no more cases in which the informative notes were not made public along with the text of the drafts.
  • Justification of the drafts. Most of the informative notes to the draft laws put under expertise were general and formal, without going into the details of the need of promoting the new draft laws. Contrary to the requirements of the Law 780/2001, the draft laws were promoted absent an outline in the informative note of the “new elements, social, economic and other effects of their implementation”.Implementation of 75,7% of all the draft laws considered by the CAPC experts implied financial and other types of costs, meaning that according to the Law 780/2001 the economic-financial justification was mandatory. Only 3,9% of these drafts were accompanied by such a justification.References to the compatibility of the draft laws with the acquis communautaire and international standards were made in the text of the informative notes and of the drafts themselves in only 17,3% of the cases, leaving 83,7% of the draft laws developed contrary to the requirement of the Law 780/2001 about including in the informative notes “references to corresponding regulations of the European Community legislation and level of compatibility of the draft legislative act with these regulations”. The presence of direct references to the acquis communautaire and other international standards in the text of the draft laws did not involve on every occasion a genuine alignment of the national legislation to the EU and/or other standards.
  • Promoting and damaging of some interests contrary to the public interest through draft laws submitted to the Parliament. The promotion of interests/benefits through draft legislative acts was found in 43,1% of the cases. 70,1% of the drafts promoting some interests/benefits were qualified by the experts as contrary to the public interest. 20,8% of all the drafts put under expertise were assessed as generating damages, contrary to the public interest. A clear tendency was remarked in initiating draft laws promoting/damaging interests/benefits by parliamentary deputies (65%), tendency which is almost double in manifestation if compared to the draft laws initiated by the Government (35%).
  • Broadening of discretionary powers of the public authorities through draft laws submitted to the Parliament. Including in the draft laws provisions about the activity of the public authorities by which their discretionary powers are broadened is a typical trend of the drafts initiated by the Government, noted in 43% of the cases, while the initiatives of the deputies refer to this aspect thrice less, only in 17% of the cases. Bringing of legislative initiatives by the Government aiming at extension of their powers can also be qualified as a variety of promotion of interests, but this time it is a promotion of the departmental interests of the central public authorities, which are also the authors of the drafts promoted by the Government.

Publication available in Romanian and English languages

Corruption expertise - stage 3ExpertiseProject implemented
2009-07-09

"Corruption Proofing" is implemented by the Centre for the Analysis and Prevention of Corruption (CAPC) within the framework of "Corruption Proofing of Draft Legislative Acts – Phase IV" project supported by the Civil Rights Defenders and Swedish International Development Cooperation Agency (SIDA).

The Project “Corruption Proofing of Draft Legislative Acts – Phase IV” is envisaged to last throughout the period of July 2009 – December 2009 (hereinafter referred to as „Project” Proofing – stage 3”) is a follow-up to the „Corruption Proofing of the Draft Legislative Acts and Dissemination of Best Practices”, implemented in the period April 2008 – December 2008.

Project Overall ObjectivePrevent corruption to spread in Moldova through passing of defective laws, increase transparency and accountability of the legislator towards voters, empower the legal community and civil society to exercise public control over the legislative process, and enhance the access of the people to diverse and balanced information about the stakes of the emerging legislation.

The Project financed by Civil Rights Defenders and Swedish International Development Cooperation Agency.

Project Objective:

  • reveal the capacity of legal provisions to generate or favour acts of corruption and recommendations for removing these risks from the draft laws or for reducing their impact - taken into account by the legislator;
  • set up public oversight of the legislative activism of the parliamentary members;
  • raise the capacity of the legal community and civil society to engage more professionally in debates with the public authorities promoting draft laws;
  • ensure dissemination of balanced information about corruption and discrimination risks of the upcoming legislation.

Project objectives will be achieved by conducting the following activities:

I. Corruption proofing expert opinions – CAPC will continue corruption proofing of draft legislative acts registered in the Parliament and of draft regulatory acts on express request of certain authorities, with subsequent submission of survey reports to Parliament and the requesting authorities.

II. Designing an on-line database for the monitoring of the legislative activism of each member of the Parliament - Substantiated data included in articles and other references regarding the activity of politicians / political parties represented in Parliament, through journalists’ and other stakeholders’ using the information from the CAPC database on legislative activism of deputies

III. Corruption proofing forum – Interested members of the legal community and civil society informed about the risks of the upcoming legislation, engaged in public discussions about them on the Corruption Proofing Forum and better prepared to approach the subject in further discussions with public authorities in charge.

IV. Information of the public about emerging laws – Public empowered to face the new legislative changes and/or having enough time to protest against the promotion of laws unfavourable to its interests, as well as public aware of the quality of the laws promoted by elected political parties.

"Corruption Proofing" is implemented by the Centre for the Analysis and Prevention of Corruption (CAPC) within the framework of "Corruption Proofing of Draft Legislative Acts – Phase IV" project supported by the Civil Rights Defenders and Swedish International Development Cooperation Agency (SIDA).

Considering the vivid interest of the journalists in the particular activity of each member of parliament (especially in the electoral campaign period, when the journalists had to portray the profile of all the former deputies running in the new elections), it was found useful to develop a data-base available on-line to the journalists and public, in which information about the legislative activity of all deputies will be introduced in a systematic basis. Thus, the database will make possible to identify the deputies:

  • actively promoting draft laws affected by severe risks of corruption, abuse and discrimination
  • promoting private interests through draft laws
  • supporting draft laws free from risks of corruption/abuse/discrimination or private interest promotion
  • who are completely passive in terms of initiation of draft laws.

In general, the emphasis of this project is to be working more with the journalists and increase public awareness of the legislative process, as it is directly linked to political processes occurring in the country, as opposed to the previous approach of working almost exclusively with the lawyers. The database is a new component, which we believe will catch the attention of the journalists, as it will become a valuable source of information for their articles.

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"Corruption Proofing" is implemented by the Centre for the Analysis and Prevention of Corruption (CAPC) within the framework of "Corruption Proofing of Draft Legislative Acts – Phase IV" project supported by the Civil Rights Defenders and Swedish International Development Cooperation Agency (SIDA).

During the project "Corruption Proofing of Draft Legislative Acts – Phase IV" CAPC launches a new product to coverage and to disseminate the information on activities of corruption proofing.

This component involves the development and distribution of a periodic Digest (newsletter) in electronic form containing information on:

  • Recent proofing reports of CAPC to draft legislative acts and other acts;
  • Description of projects surveyed;
  • Basic objections and recommendations of the  CAPC experts;
  • References to the corresponding discussions from CAPC  forum on the activity expertise;

Digest will be sent to the following categories of beneficiaries:

  • Members of Parliament, advise standing committees and employees of the Parliament;
  • Employees of ministries and other administrative authorities,involved in the process of designing and promoting of draft legislative acts and other normative acts;
  • Media representatives;
  • Members of civil society organizations;
  • Representatives of the general public interested in legslativ process in Moldova.

Access to information published in the Digest legislative debates anticorruption will be done by subscribing to applicants.

Newsletters (Digest) will be prepared and distributed  depending on the number of draft legislative acts and variety of areas involved in these projects. People that  will ask Digest subscription will have the option to select areas that are of interest to their work.

Subscribe!

"Corruption Proofing" is implemented by the Centre for the Analysis and Prevention of Corruption (CAPC) within the framework of "Corruption Proofing of Draft Legislative Acts – Phase IV" project supported by the Civil Rights Defenders and Swedish International Development Cooperation Agency (SIDA).

An on-line forum on corruption proofing (hereinafter referred to as Forum) was launched in order to disseminate best practices and to improve corruption proofing, to ensure better visibility and broader publicity of the CAPC corruption proofing activity.

The Forum includes three topics for discussion, and namely:

  • CAPC corruption proofing methodology
  • CAPC expert review reports
  • The study on the effectiveness of corruption proofing mechanism developed by CAPC for the period 1 October 2006 - 1 October 2007.
Corruption proofing - stage 4Expertise, Information and adviceProject implemented
2008-01-01

From January 2008 to February 2009 the Centre for Analysis and Prevention of Corruption (CAPC) has implemented the project “Monitoring the Implementation of Chapter V of the Threshold Country Plan (TCP) by the Centre for Combating Economic Crime and Corruption (CCECC)”. The project monitors actions aimed at improving the operation of the Centre for Combating Economic Crime and Corruption. This activity represents one of the priorities of the Threshold Country Plan (TCP) – Strengthening Civil Society Monitoring Capacity in Moldova (SCSMCM).

The goal of the monitoring activity consists in objective assessment of transparency and capacity of the Centre for Combating Economic Crime and Corruption to prevent and combat corruption and to come up with legal and institutional solutions and recommendations that would improve the governance. Through this monitoring activity, CAPC intends to assess the quality of TCP implementation.

The monitoring process is run according to the Methodology for monitoring of progress and real impact of anti-corruption policies from the perspective of implementation of the Threshold Country Plan of he Republic of Moldova under the US “Millennium Challenge” programme and of the Government Decision no. 32 dated 11.01.2007, by the Centre for Combating Economic Crime and Corruption. The monitoring results are presented in the CAPC monthly and quarterly reports.

 See the text of Methodology.

The Strengthening Civil Society Monitoring Capacity in Moldova programme that covers monitoring activities is financed by the Millennium Challenge Corporation (MCC) and administered by the United States Agency for International Development (USAID) within the Threshold Country Plan for Moldova (TCP). The SCSMCM programme has been implemented by the Academy for Educational Development (AED) in the period July 2007 – March 2009.

This activity became possible due to support of the Academy for Educational Development (AED) under the SCSMCM programme, based on the cooperation agreement with the United States Agency for International Development (USAID).

Summary of the CCECC monitoring report for quarter I, 2008

The findings presented below serve as benchmarks (concepts for comparison of situation) for further monitoring.

The comments presented below refer to the following:
1. CCECC actions in line with TCP and GD 32 that did not reach the deadline
2. CCECC actions in line with TCP and GD 32 that reached the deadline.

1. CCECC actions in line with TCP and GD 32 that did not reach the deadline. Actions foreseen in GD 32 I.6-I.23, II.24-II.26, II.28-II.32 and III.33-III.38 did not reach the deadline; however we should note the earlier implementation by CCECC of the following actions:

  • I.10 „Development and identification of implementation methods of Information Strategy”. CCECC developed and approved this Strategy, received comments from the civil society and from representatives of international organizations, however it did not take into account those comments upon its approval. CCECC representatives stated that the comments will serve as basis for a revised version of the approved Strategy, without mentioning the time when this will be done. At the same time, placement of the Strategy text under “news” section of the CCECC website, without any invitation for submission of contributions from mass-media, testifies to a poor publicity of this document and a low level of cooperation with mass-media upon its development and implementation.
  • I.11 „Upgrading of CCECC website” – launched on 9 April 2008.
  • II.28 „Development and implementation of a mechanism to assess the level of professional compliance and integrity of CCECC employees”. Upon the date of launching of the CCECC website, it was possible to view the information regarding the commencement of these activities by the Internal Affairs Department.
    It should also be mentioned that in relation to action I.18 “Strengthening the capacity to protect persons providing assistance in a criminal trial; provision of training for development of efficient techniques and strategies”, activity that did not reach the deadline, CAPC monitors took already actions to monitor the situation (developed questionnaires).

2. CCECC actions in line with TCP and GD 32 that reached the deadline. Among actions that reached the deadline were the following:

  • Implemented measures:
    • „I.2 Publication of CCECC new structure on its website (the structure could be more detailed (names and general information on subdivisions: services, sections);
    • „I.3 Ensure transparency of the CCECC budget through placement of budget on the website, broken down by expenditure lines (there are some divergences in this respect between TCP and GD 32)
  • Partially implemented measures:
    • „I.1 Establishment of departments for intelligence investigations and prevention through the development of mechanism for restructuring and cooperation with other CCECC subdivisions”. A GD on the new structure was adopted, although in fact the departments have not been yet established (establishment of all subdivisions, approval of their regulations, job descriptions, establishment of methods of interaction, etc.).
    • „II.27 Revision of employment policy within the CCECC subdivisions”. According to CCECC, the draft Regulation on competitive recruitment, selection and employment in CCECC and draft guidelines on professional performance evaluation, attestation and career advancement within CCECC, were developed. According to CCECC, these drafts cannot be approved because the recommendations of American counterparts stipulate the need to monitor the employment policy through the Civil Council that has not been established so far.
  • Non-implemented measures:
    • „I.4 Development and publication of the Annual Report on the use of budget by budget line” (there are no predefined criteria regarding the content and procedure for development of the Report).
  • Measures not implemented, due to reasons independent on CCECC:
    • „I.5 Identification of NGOs with relevant experience to take part in the activity of the representative civil society group”. In this regard, the problem of creation and operation of the Civil Council needs to be conceptually solved.

Although it did not reach the deadline, the implementation of activities “1.6 Development of regulations on the composition, goals, responsibilities, status of civil society representative group and establishment of mechanisms to ensure its independence” and “1.7 Training for the preparation of civil society representative group to ensure the transparency of its activity, establish and promote hotlines, formulate recommendations to the CCECC management”, will face the same conceptual problem, as mentioned above, referring to measure I.5.

Summary of the CCECC monitoring report for quarter II, 2008

While finalizing the monitoring of implementation of TCP and GD 32 in quarter II of 2008, it was noted that out of the total number of actions (38), CCECC has already implemented 10, and 2 were carried out partially. One action has not been implemented yet due to reasons independent from CCECC. The remaining 26 actions have not reached their deadlines by the end of quarter II and are still ongoing.

Concerning the availability, relevance, efficiency and effectiveness of anti-corruption measures aimed at the implementation of GD 32, it can be stated that:

  • CCECC is exposed to corruption risks, generated by the high degree of administrative discretion and combination of control functions and criminal investigation. It should be mentioned that according to the IT survey, people’s trust in CCECC is twice higher (30,6%) than the trust in MOI (15,8%) and in customs authorities (15,4%). At the same time, CCECC is less credible than tax authorities (38,5%). We assume that the high credibility of CCECC among citizens as compared to other legal bodies is determined by efficient activity of its Internal Affairs Department.
  • The impact of anti-corruption policy within CCECC will not be tangible as long as CCECC’s considerable efforts (training, press conferences, round tables, informal meetings, concepts, etc.) will not be technically and financially supported.

Summary of the CCECC monitoring report for quarter III, 2008

While finalizing the monitoring of implementation of TCP and GD 32 in quarter III of 2008, it was noted that out of the total number of actions (38), CCECC has already implemented 13 actions, and 3 actions were partially implemented. The remaining 22 actions have not reached their deadlines by the end of quarter III, and are still ongoing.

Concerning the availability, relevance, effectiveness and efficiency of anticorruption measures directed at the implementation of GD no.32, it was noted that:

  • CCECC is still exposed to the risk of corruption, generated by the high degree of administrative discretion. However, we should note the rather efficient work of the CCECC Internal Affairs Division.
  • The impact of anti-corruption policy within CCECC will not be tangible as long as CCECC’s considerable efforts (training, press conferences, round tables, informal meetings, concepts, etc.) will not be technically and financially supported .

Summary of the CCECC monitoring report for quarter IV, 2008

CCECC monitoringMonitoringProject implemented
2007-06-01

92-79-79 is a line that has been active since 1 June 2007, which can be called by people who are informed of a case of corruption to get free legal advice.
This line was launched under the "Anti-Corruption Public Awareness Campaign" project implemented by the Centre for Analysis and Prevention of Corruption with the financial support of the British Embassy in Chisinau. To advertise the line a national campaign was launched aimed at raising awareness of people and educating them in the field of anticorruption.

This anti-corruption hotline has been active from 1 June 2007 to 31 December 2009, Monday through Friday, from 9.00 to 21.00, when it is attended by four lawyers/operators, who provide free consultations by phone. Also, lawyers employed by the project offer the option of referral of cases to law enforcement authorities or, if citizens do not trust authorities, these cases can be sent for investigation to journalists, with the consent of the informant.

To ensure the highest quality of journalists’ work, the seminar "Legal dimension of journalistic investigations of corruption cases" was organized in the period 30 May - 1 June 2007. It was attended by 15 representatives of the media. The trainers were representatives of Law enforcement authorities, the Centre for Combating Economic Crime and Corruption, Anti-Corruption Prosecutor’s Office, General Prosecutor’s Office and Ministry of Interior.

Subsequently, the seminar was repeated three times in September 2008, for a total number of 80 journalists, including those from rayons and Russian-speaking people.

Within the project „Anti-Corruption Public Awareness Campaign” co-operation was established with the newspaper „Ziarul de Garda”, to which the hotline operators/lawyers, with the agreement of the petitioners, referred relevant cases for journalistic investigations. The journalists and hotline operators worked as a team, so that, before publication, the ready articles were reviewed by operators/lawyers responsible for a certain case, in order to ensure correctness of legal terminology used by journalists or to make additional comments.

As a result of this co-operation, a number of articles were published.

The titles and summaries at the beginning of articles published in the period March 2007 - March 2008 are presented below:

  • „Ambassadors in Diplomatic Tourism on Public Money” 20 December 2007
    „Holidays for money form the state budget. This is how the appointment of Moldovan officials as Ambassadors is perceived. At least this is what some employees of the Embassy of the Republic of Moldova in the People’s Republic of China reported about the mandate of Iacob Timciuc, ex Member of Parliament from CPRM (Communist Party of the Republic of Moldova), former Minister of Energy. He was not satisfied with the conditions in the premises of the Diplomatic Mission in China and he has spent just in one month approx. USD 12000 in order to use the Embassy “at the level of Ambassador”.
  • „If you do not cover the holes in their pockets, the customs officers play the role of customs officers” 24 January 2008
    „Customs officers levy on citizens their own taxes. Thus, if you travel, for example, by bus to Moscow, in order to facilitate your border crossing, besides the official price of the ticket you have to pay MDL 120 additionally. Although this tax has become a rule for passengers and the driver, officials from the Customs Service Department say that they did not discover this phenomenon.”
  • „Racket in education” 24 January 2008
    „Although it is not stipulated in the law, monthly collection of money for the school fund or class fund exists. In addition to these expenses, you should consider a box of chocolates as a sign of attention, a gold bracelet on the occasion of the class teacher’s birthday, enrolment fee which exceeds MDL 1 000, compulsory lessons with a private tutor and we come to the conclusion that in the Republic of Moldova education is “free of charge” on parents’ money.”
  • „Patients “pay” for doctor’s mistakes” 31 January 2008
    „Cases of malpractice (incorrect or negligent medical treatment, editor's note) are rather frequent in the Republic of Moldova and their number started to grow recently. It is very difficult to prove this kind of cases, especially because those who deliver the verdict are doctors, too.”
  • „Amputation of cheap labour „fingers” 31 January 2008
    „After just three months of activity as carpenter at SA "Ma-Tomis", Ghenadi Tuzlucov was dismissed on grounds that he is no longer able to work: he had his right hand fingers amputated.”
  • „Operation „Red-handed mayor” 31 January 2008
    “Besides the fact that last year was referred to as the year of failures, the year 2007 can be also considered as the year of catching some public officials red-handed, on grounds of taking bribes. This phenomenon occurred, especially, before and after the electoral campaign for local elections. According to the Fraud Investigation Department of the Ministry of Interior in the period 29 December 2007 – 13 January 2008 there were registered other 6 cases of corruption, 2 cases of abuse of authority and 1 case of illegal reward received by a public official.”
  • „In Cucuruzeni, the director’s pigs ate the wheat of the school” 7 February 2008
    „Ilie Rabii, Director of Vocational School from Cucuruzeni, is a prototype of Ostap Bender in flesh. Everybody realizes that he steals, but nobody can prove this. The Director organizes his activities in such a way that nobody, not even specialists from CCECC, can prove his guilt", says Gheorghe Cernovol, senior master, pensioner with a length of service of 30 years at Vocational School from Cucuruzeni.”
  • „Corruption as financial aid at the General Police Station” 7 February 2008
    „General Police Station "requests" aid from economic agents on a special account of the Savings Bank. At least, on the eve of the day of national police, 18 December 2007, the representatives of the Police Station received taxes on that bank account from a number of economic agents, “bargaining like in a market place”.
  • „Red-handed policemen at large” 14 February 2008
    “The Head of the Criminal Investigation Section of Drochia Police Station and one of his subordinates extorted from a person the amount of USD 250 in exchange for their decision according to which that person would not be obliged to act as a witness or even as a party in a criminal case. The citizen addressed the Centre for Combating Economic Crime and Corruption (CCECC). He accepted to participate in the transfer of the amount extorted by policemen and in catching them ”red-handed”. The mission was “successfully” completed.
  • „Money laundering in the kindergarten well” 21 February 2008
    „The Director of the kindergarten from Hirtopul Mare, Maria Postoronca, is suspected of extorting some amounts of money from parents of children who attend this institution. Parents pay MDL 100 on a monthly basis and each of them has a different answer when asked about the purpose of these amounts of money.”
  • „Legalized bribe” for representatives of the state” 28 February 2008
    „Receipt by officials of the Ministry of Finance (MF), Ministry of Economy and Trade (MET), as well as from other ministries of about MDL 900 on a monthly basis for quarterly participation at state enterprises’ board meetings, as representatives of the state, is nothing else than a “legalized bribe”.
  • „Justice „enriches” the Republic of Moldova with new homeless people” 13 March 2008
    In case a disabled person is the subject to judicial investigation, he/she should benefit from a legal procedure taking into account fully his / her mental and physical condition. At least, this is provided by the Declaration on Disabled Persons’ Rights, proclaimed by the UN General Assembly. Despite the fact that the Republic of Moldova is a party to this Declaration, it seems that it is not applied in our country.
  • „Migrants’ money – bait for policemen” 13 March 2008
    External migration of Moldovan citizens, thousands of children and minors left without parents’ supervision, generates new cases of corruption among policemen. Especially in rural settlements, they “supervise” the children whose parents left the country, insinuating that the latter may run the risk of being subjected to some criminal proceedings if they will not pay substantial fees.
  • „Prophylaxis” of marks for payment” 20 March 2008
    On the eve of winter examinations, a number of students contacted the corruption prevention centres, reporting that university teachers asked for various amounts of money for an examination mark. In some cases, according to these students, the teachers even prepare their price-list for marks.
  • „Inflatable figures in the House of Nationalities” 20 March 2008
    Representatives of various nations, who have lived in this geographical area for tens of years, left this place, because, according to them, “the roof of this house is leaking both literally and metaphorically”, “co-operation with nationalities was tuned into a business and we do not have money”, “only political and family interests are protected”. What is, in fact, happening under the roof of the building located on 109, Mateevici Str. in Chisinau?

Pe de o parte, «PCRM foloseşte măciuca puterii pentru a distruge opoziţia», pe de alta — «Procuratura consideră un eşec orice dosar pierdut în instanţele naţionale», consideră edilii inculpaţi.

On 26 March 2008 the Centre for Analysis and Prevention of Corruption presented the Report "Citizens Calling the Anti-Corruption Hot-Line: Need Civic Responsibility or… Courage?"

The report makes an analysis of telephone calls registered at the anti-corruption hotline 92-79-79, during the period 1 June 2007 - 29 February 2008. Further the main findings are presented.

During 9 months of hotline operation, 914 persons benefited from free legal advice. Only 16% of people that called the hotline reported information that could be related to an alleged act of corruption, other 84% reported actions that they confused with acts of corruption, which accounts for people’s erroneous perception of this phenomena.
The analysis of people who called anti-corruption hotline shows that persons who believe that they know about a corruption case, are not indifferent and are willing to report this act, are more likely to be men, aged between 41 and 60 years, employed in private sector. At the same time, the highest likelihood of correct understanding of corruption phenomena is associated with young people below 25 years, pupils and students, or public sector employees below 40 years, i.e. namely people who are less prone to report an act of corruption. Thus, the correct perception of corruption phenomenon is inversely dependent on age and directly dependent on unwillingness to report an act of corruption. It may be concluded that the country’s young generation has a better understanding of corruption, but their indifference deprives them of civic activism and responsibility needed to report the abuse, whereas the adult and old population, although not indifferent to corruption and willing to report it, is more prone to confuse corruption with other social negative phenomena, with advancement in age.

The most frequent corruption acts communicated though the hotline 92-79-79 were related to such sectors as education (30%), police (20%), local public authorities (13%) and health care (12%). Out of the total number of complaints about corruption acts, 90% were registered in public sector and 10% referred to corruption in private sector. At the same time, the majority of informants reported a feeling of fear regarding the authorities and the possibility to cooperate with them.

The operation of the hotline within the Centre for Analysis and Prevention of Corruption demonstrated that the population: 1) does not know and does not understand what corruption is, and 2) is afraid to report the alleged corruption cases and in general to communicate directly with public authorities.

 Publication available only in Romanian language

Hot lineInformation and adviceProject implemented
2005-10-01

The goal of the project implemented by CAPC was advocacy among parliamentarians, party leaders and other political actors in the Republic of Moldova for a better promotion, protection and respect for human rights.

Project objectives:

  • publicizing the issues of human rights;
  • contribute to creating an informed society in human rights;
  • raising awareness of political leaders from Moldova towards the necessity of promoting respect for human rights.

Project implementation. Since 18 October 2005 (during 3 months), at a prime time (08.30), during the public policy programme broadcasted at Radio Nova – “Waking up in the morning”, radio debates were conducted with the participation of parliamentarians, party leaders and other political actors in Moldova. At the same time, representatives of civil society, working in the relevant field were invited as experts. These radio shows discussed and analyzed the main problems related to the promotion, protection, development and enforcement of human rights policies. Live shows gave the listeners an opportunity to share their own views in the radio debate.

To advertise as largely as possible the policies related to the promotion, protection, development and respect for human rights, the transcript of the radio debate was published every Friday in the weekly newspaper which has a national coverage - "Saptamina" and on the CAPC website.

15 radio shows have been organized during project implementation with the following Members of the Parliament of the Republic of Moldova: Dumitru Diacov, Dumitru Braghis, Gheorghe Susarenco, Serafim Urecheanu, Lidia Gutu, Vitalia Pavlicenco, Valentina Holban, Veaceslav Untila. The shows were also attended by: Professor Anatol Gremalschi, Programme Manager, Institute for Public Policy; Nicolae Andronic, President of the Republican People's Party, Mihail Gh.Ciubotaru, writer, ex-Minister of Culture; Anghel Agache, President of the forum "New Moldova", Mircea Esanu, President of the National Centre for transparency and human rights; Ecaterina Mardarovici, President of the Political Women’s Club; as well as lawyers: Vitalie Nagacevschi, Alexandru Tanase, Ion Vizdoaga; Stefan Uritu, President of the Helsinki Committee for Human Rights in Moldova, Mihai Petrache, President of the Centrist Union, expert in constitutional law; doctor Valeriu Sava, the author of the Law on the patients’ rights and responsibilities.

The series of radio shows "Human rights are your rights" were produced with the financial support of the UNDP Moldova Project "Support to the implementation of the National Human Rights Action Plan in Moldova".

Radio broadcasts "Human rights are your rights"Information and adviceProject implemented
2014-01-01

Available only in Romanian.

(Română) Expertiza proiectelor de acte normative prin prisma drepturilor omuluiExpertiseProject implemented
2011-01-19

Through the implementation of the project "Social Campaign: I do not give - I do not take!", Centre for Analysis and Prevention of Corruption (CAPC), Center for Combating Economic Crimes and Corruption of the Republic of Moldova (CCECC) and Publika TV (broadcasting channel) will organise a series of TV programmes (10 programmes), during which will be discussed such topics as current problems which society have to deal with, that shall contribute to the improvement of the level of information of the population, on raising awareness against the tolerance of such phenomenon as corruption and as a result will lead to the respect for human rights. 

The overall goal of the campaign is to link Moldavian citizen with their governmental institutions by increasing citizen trust, transparency and openness of the decision making process. The increased social trust and government transparency will ultimately contribute to the decrease of corruption level in the country to the extent that the infringement of the human rights and freedoms are minimal or non-existent. Providing the endemic character of corruption problem, the only way forwards to bringing citizen closer to their government is to fight corruption by both decreasing outside and inside pressure.

 

The objective is to mobilize individual citizens and civil society actors to effectively address corruption, monitor, advocate, and evaluate government’s efforts thus building a bridge between and mutual trust between citizens and their state institutions.

The Social Campaign: I do not give - I do nor take! is financial supported by The Balkan Trust for Democracy.

EMISIUNEA 1 – 13.09.2011

Corupţia în organele de drept:cine ne apară? (talk-show-ul în limba rusă „День за днем”)

Subiecte in discuţie: Ce este corupţia?
Corupţia şi reticenţa persoanelor de a colabora cu organele de drept.
Asigurarea materială a organelor de drept.
Profilul moral al reprezentanţilor organelor de drept.

Participanţii la emisiune:

Galina Bostan, presedinte CAPC
Victor Colin, sef Directie prevenire si analitica criminogena, CCCEC
Ion Paduraru, ex-ministru al justitie, avocat
Vitalie Sisianu, inspector superior in Directia securitate interna, MAI

Subiectul integral, îl puteţi urmări pe site-ul PublikaTV: http://www.publika.md/------------------------coruptia-in-organele-de-drept--cine-ne-apara_487801.html


EMISIUNEA 2 – 15.09.2011

Scoaterea copiilor din ţară(talk-show-ul în limba română „Ţara lui Dogaru”)

Subiecte in discuţie: Problemele oamenilor plecaţi peste hotare.

Copiii – victime ale problemelor economice şi personale ale părinţilor.

Participanţii la emisiune:

Domniţa Pagoni, expert CAPC

Daniela Răilean, inspector principal, CCCEC

Angela Ganea, şef al secţiei reîntregirea familiei şi adopţiei, Direcţia principală protecţia copilului, Primăria mun. Chişinău

Alexandru Donici, şef adjunct al Direcţiei Documentare a populaţiei, Ministerul Tehnologiei Informaţiei şi Comunicaţiilor

Subiectul integral, îl puteţi urmări pe site-ul PublikaTV:http://www.publika.md/tara-lui-dogaru--scoaterea-copiilor-din-tara_487881.html


EMISIUNEA 3 – 20.09.2011

Asigurările medicale: Asistenţă medicală gratuită sau durere „garantată” de cap? (talk-show-ul în limba rusă „День за днем”)

Subiecte in discuţie: Care sunt serviciile medicale garantate de poliţa de asigurare?

Care sunt rezultatele palpabile ale CNAM?

Oportunitatea introducerii unui sistem mixt de asigurare în medicină, inclusiv de acumulare a  mijloacelor financiare a plătitorului.

Participanţii la emisiune:

Mariana Kalughin, expert CAPC
Sergiu Buşmachiu, ofiţer CCCEC

Iurii Osoianu, director general adjunct al Companiei Naţionale de Asigurări în Medicină

Tatiana Zatîri, şef direcţie politici ajutor medical, Ministerul Sănătăţii

Subiectul integral, îl puteţi urmări pe site-ul PublikaTV:http://www.publika.md/------------------------asigurarile-medicale---asistenta-medicala-gratuita-sau-durere-garantata-de-cap_487851.html


EMISIUNEA 4 – 22.09.2011

Cine sunt „provocatorii” actelor de corupţie  (talk-show-ul în limba română „Ţara lui Dogaru”)

Subiecte in discuţie: Cum poate fi intentat un dosar penal pentru corupţie?

Provocarea – o probă?

Participanţii la emisiune:

Galina Bostan, presedinte CAPC
Bogdan Zumbreanu, sef Direcţie urmărire penală, CCCEC

Vitalie Budeci, avocat, profesor drept penal

Anatol Donciu, avocat, profesor drept procesual penal

Subiectul integral, îl puteţi urmări pe site-ul  PublikaTV:http://www.publika.md/tara-lui-dogaru--cum-se-pedepsesc-provocatorii-actelor-de-coruptie_488761.html


EMISIUNEA 5 – 27.09.2011

Asigurările sociale: tinereţe scumpă şi bătrâneţe în sărăcie (talk-show-ul în limba rusă „ДЕНЬ ЗА ДНЕМ”)

Subiecte in discuţie: Cum sunt cheltuiţi banii din fondul social?

Cum putem să ne asigurăm, că plătind sume mari în fondul social vom beneficia şi de o pensie decentă?

Participanţii la emisiune:

Mariana Kalughin, expert CAPC

Tatiana Mostovei, inspector principal al Directiei prevenire si analitica criminogena, CCCEC

Laura Grecu, şef direcţie politici de asigurări sociale, Ministerul Muncii şi Protecţiei Sociale

Subiectul integral, îl puteţi urmări pe site-ul PublikaTV: http://www.publika.md/------------------------asigurarile-sociale--tinerete-scumpa-si-batranete-in-saracie_495651.html


EMISIUNEA 6 – 29.09.2011

Relaţia dintre funcţionarii publici şi cetăţenii simpli - Unii cer, alţii dau. (talk-show-ul în limba română „Ţara lui Dogaru”)

Subiecte in discuţie: Constituie o contravenţie nu numai faptul de a cere/lua mită, dar şi a da mită.

Ce prevede legislaţia în aceste cazuri?

Problema autorizaţiilor de construcţie.

Participanţii la emisiune:

Domniţa Pagoni, expert CAPC
Victor Colin, sef Directie prevenire si analitica criminogena, CCCEC

Gheorghe Raileanu, sef direcţie autorizare si disciplina in construcţii,

Anatol Zolotcov, viceministru al construcţiilor
Subiectul integral, îl puteţi urmări pe site-ul PublikaTV: http://www.publika.md/editie-speciala--mita--obisnuinta-moldovenilor_499111.html


EMISIUNEA 7 – 04.10.2011

Corupţia şi procesul de înfăptuire a justiţiei (talk-show-ul în limba rusă „ДЕНЬ ЗА ДНЕМ”)

Subiecte in discuţie: Asigurarea materială a judecătorilor.

Numirea şi promovarea judecătorilor.

Comportamentul părţilor în proces.

Ineficienţa legilor.

Numărul mare de dosare aflate pe rol în instanţele de judecată.

Participanţii la emisiune:

Galina Bostan, preşedinte CAPC
Bogdan Zumbreanu, şef adjunct al Direcţiei Generale urmărire penală, CCCEC

Nicolae Esanu, ex-viceministru al justiţiei

Ion Dron, preşedintele Centrului de Iniţiative şi Monitoring al Autoritarilor Publice, avocat

Subiectul integral, îl puteţi urmări pe site-ul PublikaTV: http://www.publika.md/------------------------coruptia-din-sistemul-judecatoresc_509471.html


EMISIUNEA 8 – 06.10.2011

Vama – “drumul de aur”? (talk-show-ul în limba română „Ţara lui Dogaru”)

Subiecte in discuţie: Cazuri de contrabandă se înregistrează mai des, şi totuşi, vameşii români înregistrează mult mai multe cazuri.

Cum dispare contrabanda pe teritoriul Moldovei?

Participanţii la emisiune:

Radu Jigău, expert CAPC
Oleg Ganuşceac, sef de Direcţie, CCCEC

Iurie Ceban, Director Departament, Serviciul Vamal

Subiectul integral, îl puteţi urmări pe site-ul PublikaTV: http://www.publika.md/tara-lui-dogaru-vama-prin-care-treci-cu-bani_509781.html


EMISIUNEA 9 – 11.10.2011

Învăţăm corupţia de la grădiniţă sau cât ne costă învăţământul gratuit (talk-show-ul în limba rusă „ДЕНЬ ЗА ДНЕМ”)

Subiecte in discuţie: Care sunt costurile instruirii suportate de părinţii copiilor?

Asociaţiile părinteşti.

Cum sunt cheltuiţi banii Asociaţiei.

Există o transparenţă a cheltuielilor?

De ce nivelul pregătirii elevilor este tot mai slab?

Participanţii la emisiune:

Stela Pavlov, expert CAPC
Sergiu Carapunarlî, sef adjunct de Direcţie, CCCEC

Viorica Pelivan, metodist, Direcţia generala de învăţămînt, Primăria mun. Chişinău

Valentin Crudu, sef direcţie învăţămînt preuniversitar, Ministerul Educaţiei

Subiectul integral, îl puteţi urmări pe site-ul PublikaTV: http://www.publika.md/------------------------invatamant-gratuit-in-legislatie--dar-cu-bani-in-salile-de-clasa_516091.html


EMISIUNEA 10 – 13.10.2011

Corupţie în poliţie (talk-show-ul în limba română „Ţara lui Dogaru”)

Subiecte in discuţie: Banii fac să dispară orice probleme cu legea.

Nivelul încrederii în organele de drept.

Participanţii la emisiune:

Galina Bostan, preşedinte CAPC
Vitalie Verebceanu, şef Direcţie, CCCEC

Mihai Lupu, avocat

Viorel Morari, Procuror adjunct, Procuratura anticorupţie

Subiectul integral, îl puteţi urmări pe site-ul PublikaTV:http://www.publika.md/tara-lui-dogaru--institutiile-de-drept-si-coruptia_519581.html

 

Social campaign "I do not give, I do not take"Information and adviceProject implemented
2005-02-14

From 14 February 2005 to 6 March 2005, the Election Day, legal advisers of the Centre for Analysis and Prevention of Corruption (CAPC) granted free legal assistance in election-related issues. Free legal assistance was granted to voters, journalists, NGOs and consisted of:

  • provision of legal advice;
  • preparing applications, documents;
  • representing interested persons in the Central Election Commission or the court;
  • mediation of conflict situations.

7 hotlines were organized throughout project implementation: in Chisinau (022) 23 83 84, in Balti (0231) 2 33 30, in Cahul (0 299) 3 22 50, in Causeni (0 243) 2 76 16, (0 243) 2 76 17, in Comrat (0 298) 2 49 82, (0 298) 2 25 68.

The "Free legal assistance in electoral disputes" Project was supported by the Eurasia Foundation with the financial support of the Swedish Agency for International Development and Cooperation (SIDA) and the United States Agency for Development (USAID).

Assistance in electoral disputesLegislationProject implemented
2016-09-01

Available only in Romanian.

(Română) Asistenţă juridică gratuită în litigiile electoraleLegislationProject implemented
2014-07-01

Available only in Romanian.

(Română) Monitorizarea implementării noilor proceduri de selecţie şi evaluare a performanţelor judecătorilorMonitoringProject implemented
2014-03-03

Available only in Romanian.

(Română) Noi soluţii şi abordări în combaterea corupţieiInformation and advice, LegislationProject implemented
2013-06-01

Mission of the project: Through the Project “Vulnerability expertise of normative acts in terms of human rights” it will be performed the expertise of legislation of the Republic of Moldova in terms of human rights, which will allow:

  • Identification and elimination of legal framework problems that favour appearance, perpetuation or increasing the situations of human rights violations, including gender equality;
  •  People information about drafts laws contain and mediatisation of discriminatory drafts laws.

Project expected results include:

  • enhancing transparency of the legislative process;
  • removal of up to 1/3 of the legislative risks of human rights violation, including legal provisions generating or favouring acts of discrimination;
  • public better informed about discriminatory norms in drafts laws and empowered to be engaged in a qualified social-political dialogue with the legislator.

 Activities:

  1. Experts training organization

Training scope is to create capacities for human rights expertise performing through CAPC experts’ familiarization with Guide to perform vulnerability expertise of drafts normative acts in terms of human rights and e-template.

  1. Vulnerability expertise of normative acts in terms of human rights

 The experts will conduct vulnerability expertise of drafts normative acts in terms of human rights of the distributed draft normative acts using the electronic template.

  1. Press-conferences organization

 Press conferences will be organized in order to inform the media and the public about important evolutions in the legislation, emerging through the promotion of new draft laws in Parliament. At these press conferences, the important risks of promoting defective laws will be outlined and their impact for the population will be explained.

  1. Preparing and dissemination of press releases to the media on important findings of expert opinions on draft laws

Press releases will be made as frequently as found necessary to inform the public on the stakes of the emerging legislation (once every two weeks).

At the end of the project, a final roundtable with representatives of the Parliament, governmental authorities, media, civil society and other representatives from the legal community will be held in order to announce the effectiveness of the vulnerability expertise of drafts normative acts in terms of human rights mechanism used by the CAPC in 2013-2014. The main purpose of the roundtable will be to summarize the achievements of vulnerability expertise of drafts normative acts in terms of human rights in 2013-2014.

Vulnerability expertise of normative acts in terms of human rights is carried out by CAPC through the Project “Vulnerability expertise of normative acts in terms of human rights”, financial supported by Civil Rights Defenders from Sweden.

Vulnerability expertise of normative acts in terms of human rightsExpertiseProject implemented
2014-02-15

Available only in Romanian.

(Română) Expertiza coruptibilităţii proiectelor actelor legislativeExpertiseProject implemented
2011-10-18

The low level of society trust in justice and quasi-general perception of corruption advanced level in justice sector, according to Justice Sector Reform Strategy for 2011-2016 (hereinafter - JSRS), are some of the determinant factors of the reforms in justice sector.

The citizens trust level in justice is considered as a litmus paper that reflects the society mood and its attitude towards justice. The most alarming conclusion was made by Public Policies Institute in May 2011 when it was established that only 1% of questioned citizens answered that they fully trust in justice, while 42% affirmed that they do not have any trust in justice.

Prevention and combating corruption in judicial system represent the priority objectives in reforming the system. In fact, one of the expected results of the JSRS is an equitable justice sector, qualitative, with zero tolerance towards corruption that would ensure the state durable development and would meet the individuals’ needs. Or corruption in justice affects the most important social values, giving the fact that judicial system is precisely designed to ensure the rule of law respecting, an indispensable requirement for state of law.

Project Goal: The Project’s Goal is tosupport authorities’ efforts related to enhancing the integrity of justice sector. 

Project Objectives: The Project’s Objectives are:

  • to research and prepare a study and recommendations on the tools and strategies that are available and might be used effectively to prevent and uncover corrupt behavior within the justice sector;
  • to research and prepare a study on the efficacy of voluntary polygraph testing of justice sector officials in uncovering and curbing corrupt practices.

Activities:

Activity no. 1: Study on Tools and Strategies to Prevent and Combat Corrupt Practices in Justice Sector

  • Analysis of the existing strategies and tools, both legal and practical, that are now being used to prevent and combat corruption in the justice sector, with a special focus on evaluating the effectiveness of those tools and strategies in uncovering, preventing and discouraging acts of corruption;
  • Analysis of the changes to the legal and institutional framework needed to create the laws and practices necessary to strengthen efforts for preventing, discouraging and uncovering corrupt behavior within the justice system and to evaluate the risks and costs of implementing such tools;
  • Preparing of an comprehensive study summarizing in detail the results of the above analysis;
  • Formulating of specific recommendations for the development and implementation of tools and strategies designed to strengthen the fight against corruption in the justice sector, consistent with the results set forth in the study and with international best practice;
  • Development of a methodology to monitor the impact of the new instruments and strategies recommended and to determine whether and to what degree these initiatives are effective in preventing, discouraging and uncovering corrupt behavior within the justice sector;
  • Organization of a public roundtable to present the study’s findings and recommendations;
  • Assisting in the development of amendments and draft laws for implementing the formulated recommendations.  

Activity no. 2: Study on Voluntary Polygraph Testing of Justice Sector Officials

  •  Analysis of the possible effectiveness of a voluntary polygraph testing program targeting justice sector officials in preventing or uncovering corrupt practices, focusing on the strengths, weaknesses and risks of such a program and calculating costs associated with introducing such a program. The analysis will also examine various methods of administering such tests, as a condition of employment, as a prerequisite for promotion, on a regular schedule or in an irregular and unannounced basis;
  • Analysis of the best practices and experience in other countries that have adopted a polygraph testing of justice sector officials recently implemented in Eastern and Central European countries, focusing on how those programs are administrated, risks encountered, and results achieved;
  • Developing a study summarizing the analysis above;
  • Developing of recommendations based on that study regarding the implementation of a voluntary polygraph testing program for justice sector officials, focusing on strategies in administering the program to maximize its effectiveness in discouraging and uncovering corrupt practices;
  • Organization of a public roundtable to present the study’s findings and recommendations;
  •  Assisting in the development of amendments and draft laws aimed at implementing the recommendations.

This project is funded by the Embassy of the United States of America in Moldova

Solutions for an incorruptible justiceLegislationProject implemented
2005-10-18

Currently, the Republic of Moldova is part to a set of conventions in the field of human rights. Unfortunately, this fact does not represent itself an effective guarantee of human rights, as long as legislation is not harmonized to the rigors of international treaties and to the various international institutions’ recommendations.

Project objective: Developing an efficient tool for checking the compliance of draft laws with international human rights treaties ratified by the Republic of Moldova.

Through the project “Developing tools to perform legislation expertise in terms of human rights and gender equality” it will be developed:

  1. The Guide on performing legislation expertise in terms of human rights and gender equality.
  2. E-template on performing legislation expertise in terms of human rights and gender equality.

Target group represents: whole society, because of project results will benefit all people, as a result of creating conditions for adopting a concordant legislation with human rights and gender equality exigencies.

Expected results are: an efficient tool for identifying and eliminating legislative and regulatory reasons that favours appearance, perpetuation and increasing situations of human rights violation and gender equality.

Project implementation will directly contribute to create necessary conditions for:

  • Identifying and eliminating sources of legislative and regulatory framework that favours the appearance, continuation or increase of any violation of human rights including gender equality;
  • Ensuring real and permanent monitoring site on the legislative process of civil society in Moldova and representatives of civil society involvement in this process by providing qualified expertise;
  • Creating necessary conditions for informing whole public about draft laws content and discriminatory draft laws mediatisation, by the fact that e-template technical parameters will be designed so as to allow all expertises publication;
  • Improving legal mechanism of protection against discrimination, since the Guide and e-template will oblige the expert to verify a set of elements that have the scope to ensure human rights respecting, non-discrimination, and gender equality.  

Activities:

  1. Developing the Guide on performing legislation expertise in terms of human rights and gender equality

In order to ensure a diversity of opinions it will be engaged a group of 5 persons (including practicients), specialized in: legal technique, human rights, ECHR jurisprudence.

The Guide will include in particular the methodology on performing expertise, the international conventions in the field of human rights and gender equality, which it has ratified the Republic of Moldova, the relevant national legislative acts, the national and ECHR jurisprudence, the key elements that the expert has to analyse, the particularities of the gender equality expertise of the legislative acts, the expertise stages, etc.

  1. E-template algorithm designing

E-template algorithm will be designed (by 2 persons who participated to the Guide elaboration) based on the Guide and taking into account the CAPC experience in the field of corruption proofing expertise. The algorithm will represent the base of the e-template developing (designing). 

III. E-template on performing expertise designing

Designing (programming) e-template and its posting on informational architecture of CAPC’ site will be made by a specialized Company in developing informational products.

  1. Final roundtable organization

During roundtable it will be presented the Guide on performing the legislative expertise from the perspective of human rights and the e-template.

Guests of round table will be CAPC experts, UNDP/UN Women representatives, Parliament officials and specialized NGOs in the field of human rights.

Creating conditions to eliminate norms that could generate situations of non-respecting human rights, of non-discrimination on any criteria is implemented by the Centre for the Analysis and Prevention of Corruption (CAPC) within the framework of “Developing tools to perform legislation expertise in terms of human rights and gender equality” project supported by the Civil Rights Defenders from Sweden.

Developing tools to perform legislation expertise in terms of human rights and gender equalityLegislationProject implemented
2012-02-01

Available only in Romanian.

(Română) Participă şi tu la reforma justiţiei!Information and adviceProject implemented
2004-01-01

The project “Transparency of Justice and Increasing Judges’ Responsibility" was an initiative of the Centre for Analysis and Prevention of Corruption, with the financial support of the Soros Foundation Moldova, through the Law Programme. This project was launched in October 2004 and continued until April 2005.

As a pilot project in the Republic of Moldova, it carries out the monitoring of the justice system, through verification of observance of the public trial principle, promoting the transparency of courts. In other words, the project tested the ability of the Moldovan justice to open the doors of the courtroom for regular citizens willing to attend a trial.

The project was a novelty in ensuring the transparency of justice administration and had the following

Immediate objectives:

  • establishment of an efficient mechanism of monitoring the process of administration of justice in terms of transparency of the justice administration and the responsibility of judges;
  • participation of the legal community, civil society, mass-media in the monitoring process, by providing them with the opportunity to comment on the honesty, professionalism, the degree of transparency of justice administration and the responsibility of judges for decisions made.

Long-term objectives:

  • persuading judges to enhance the quality of justice administration and to assume responsibility for decisions made;
  • diminishing the corruption phenomenon in the justice system;
  • raising the awareness and persuading the legislator about the need to interpret when a trial is declared closed and about the need to design a mechanism for judges’ accountability for decisions made.

The project "Transparency of Justice and Increasing Judges’ Responsibility", established the first monitoring of the justice system in the Republic of Moldova, which helped to review the observance of the public trial principle, promoting in an innovative way the application of this principle, and namely by publishing:

  • information about the access to the monitored trials, granted by the courts to the public (observance of the public trial principle)
  • the content of the monitored trials (on-line trials).

Observance of public trial principle integrates the monthly information regarding the access granted by judges to people willing to attend a trial.

On-line trials offer the visitors of the site the unique chance to „attend” a trial carried out in Moldovan courts during the implementation of the project. After each on-line trial, the visitors of the site have the possibility to express their opinion and to see the opinion of other people with respect to the way the trial is carried out, the quality of justice administration etc. The final monitoring results can be found in the Study by the CAPC.

November 2004

The number of monitored trials - 100 , of which, 96 – public trials and 4 – closed trials.
Of all public trials, 91 were held in the judge’s office and 5 in the court.
All (4) closed trials were held in the judge’s office.

Of all the trials declared public (96), the principle of public trial was applied in 92 cases.

 

The alleged reasons, for which the public trial was not possible, even if the trial was declared public, were:

  • lack of space
  • The judge: "Do you really need that?! Look, there are not enough chairs..."
  • After numerous questions about the person, the occupation of the person who wants to attend the public trial, as well as about the intentions of the person, the clerk of the court: "The judge is already busy enough!"
  • The judge: "I am not the only judge, and I am not the only judge to have trials!"

Of the total number of the trials declared public, when the public trial principle was observed (92), unconditional admission of people occurred in 64 cases.

Judges’ comments in relation to people’s requests to attend the trial:

  • "You’re the boss!"
  • "It is the first time someone wants to attend a trial with no particular reason!"
  • "As you know, the Constitution of the Republic of Moldova provides for public trials, and you don’t need to ask for permission!"

Other comments:

  • The judge showed discontent during the trial because of the presence of persons other the participants to the trial
    Of the total number of the trials declared public, when the public trial principle was applied, in 28 cases the admission of the public was conditioned by the following questions/requests of the judge:
  • "Who are you?"
  • "Who are you? What is your occupation and why do you need that?"
  • "What is your occupation?"
  • "Who are you? Why do you need that? Yes, you can attend, the trial is public!"
  • "Who are you? We are almost done! Well, if you want...!"
  • "Are you a journalist? I would rather not see myself in a mangy paper..."
  • "Who are you? Are you from the press? Or something else?"
  • "Who are you and why do you want to attend?"
  • "Show your identification card, please! "
  • "Why are you here? Who sent you?"
  • "Why do you want to participate in the trial?"
  • "Why do you need to stay here? I have a penal trial, but there are a lot of civil trials! Let’s see if I get a room...!"
  • "Did you attend other trials?"
  • "Do you know any of the parties?"

Other findings:

  • Frequently, because of the insufficient number of chairs, the persons who want to attend the trial, as well as the participants in the trial, must be standing.

Of the total number of trials declared closed (4), the motivated decision was adopted in 2 cases, at the time of declaring the trial closed. Reasons invoked in the decision were:

  • Non-disclosure of confidential information (related to the execution of the contract of legal services)
  • Respect for the privacy of the parties involved in the trial (revocation of parental rights)

In 2 cases, where there was no motivated decision when the trial was declared closed, the judge refused to provide a reason for declaring the trial closed.

  • The actions undertaken by the judge in order to prohibit the participation of the public in the trial, when no motivated decision, were the following:
  • the request to produce the identity card, the badge etc.;
  • the request to provide information about the goal and the reasons a person wants to attend the trial;
  • the formal prohibition to participate in the trial.

December 2004

The number of monitored trials - 116, of which, 110 – public trials and 6 – closed trials.
From the total number (110) of public trials, 81 were held in the judge’s office and 29 in the court.
From the total number (6) of the closed trials, 3 were held in the judge’s office and 3 in the court.

Of the total number of trials declared public (110), the public trial principle was applied in 95 cases.

 

Reasons invoked to justify the impossibility to apply the public trial principle, even if the trial was declared public were as follows:

  • The judge: "I don’t know! It is too crowded already!"
  • The lack of space in the judge’s office. The judge: "You can’t sit like an orphan in the corner!"
  • The judge: "Don’t be upset, but you must understand the situation of Mr ... (the name of the complainant), so for you the trial is closed!"
  • The judge: "I can’t allow you to attend, it is a divorce trial and I don’t think the parties are going to like that! " When we asked the parties whether they don’t want someone to attend, the parties expressed their agreement. When we asked whether the trial was public, the judge said: "Yes, but go to another judge!"
  • The judge: "I think you’re chasing us, aren’t you?"
  • When we asked whether the trial was public, the judge: "It is public. No, you can’t attend. How can I allow you, I don’t know you! When I will have a prescription from the president of the court...!"

From the total number of trials declared public, when the public trial principle was applied (95), the unconditioned admission of the public was operated in 77 cases.

Judges’ comments in relation to people’s requests to attend the trial:

  • "Of course you can..."
  • "If you want it so much..."
  • "Yes, you can, but there is nothing interesting for you!"
  • "Yes, please!"
  • "Do you find the file tempting?"
  • "Our door is open!"
  • "Yes, come in!"
  • "If you want, there is no problem!"
  • "If you want... We are delivering the decision today."
  • "You can participate! If you have a cell phone, please switch it off!"
  • "Please! Are you going to write to the BBC about me!"
  • "Don’t’ you have something else to do before the holidays?!"
  • (Joking)"Only if you don’t denounce us!"
  • "Are you a party in the trial? No? Take a sit!"
  • "I think you are monitoring us!"
  • "Who are you? You have nothing to do, right?"
  • "Only if you don’t fuss!"

Other comments:

During the session, the judge emphasized that the trial is public, when the parties tried to "attack” the assisting person.
From the total number of trials declared public, when the public trial principle was applied, in 18 cases the admission of the public was conditioned by the judge by formulating the following questions / requests:

  • "What is your name?"
  • "Let us know once again who are you?"
  • "Only if you are above 18 years!"
  • "Produce the identity card to the court clerk!"
  • "Produce the lawyer identity card. You don’t have one?! Than the identity card!"
  • "Produce the identity card, o.k.?"
  • "Are you a party? No? Who are you? Produce the ID! You don’t have it? Then leave the room! Do you have another ID? Leave it on the table; I suppose you know the rules of behaving during the trial!"
  • "You can’t attend because there are not enough chairs! But if you want to stand, please do so...”
  • "There are not enough places... But if you insist, you can stand!"

Other findings:

  • In one case, at the request of a person to attend the trial, the registrar replied as follows: "Please show me a document certifying that you are a trainee lawyer, because not all judges like someone to attend a trial!"
  • Most often, the district courts do not post the roll (list) of trials, time and room where they are to be held. This is a major impediment for those who wish to attend public trials, creating also some difficulties for participants in the trial.

Sometimes, judges perceive others’ request to attend a trial as an intentional interference with their activity.

Of the total number of trials declared closed (6), the motivated decision was adopted in 2 cases, at the time of declaring the trial closed. Reasons invoked in the decision were:

  • Respect for privacy (protection of honour and dignity)
  • Respect for privacy (revocation of parental rights)

In 4 cases where there was no motivated decision when the trial was declared closed, the judges’ reasons for the closed trial were:

  • Respect for privacy (protection of honour and dignity of an individual, violated by a periodical)
  • The judge: "The Civil Procedure Code provides that when discussing intimate matters, the hearing is declared closed! The decision will be adopted later!"

Observing the privacy of adoption.

January 2005

The number of monitored trials – 108, of which 106 - public trials and 2 - closed trials.
Of all (106) public trials, 64 were held in the judge’s office and 42 in the courtroom.
Of all (2) closed trials, were held in the courtroom.

Of all the trials declared public (106), the publicity principle was applied in 101 cases.

 

Reasons for which the application of the publicity principle is not possible, even if the trial is declared public, were:

  • The judge: "Who are you, anyway?", person: "We are people who want to attend the trial, can we?", judge: "No way!", person: "Is it a closed hearing?", to which the judge closed the door in the most brutal way right in the face of the person who wanted to attend a public hearing.
  • The judge: "Sit down! What is your name?", person, "Ivanov", the judge: "What? What do you want?", person: "I would like to attend the trial.", judge: "Are you a Muslim?", person surprised: "No.", judge: "What is this thing on your head?", laughing "I wanted to make you a special complement! Do you want to attend namely my trial? There are 18 judges in the court. Did you like me most of all?", continuing to flirt "Nooooo ... No way!"
  • One of the parties, representing a ministry, was against the people’s attendance of a public trial, on the grounds of the need to discuss secret information. The judge dismissed people from the room to consider the option of conducting a closed hearing.
  • The judge claimed that the hearing was closed, although in reality it wasn’t so. In fact, it is a judge who established a rule that every time when someone tried to attend his trial, it immediately became "closed", without making any record in the minutes, as required.
  • The judge: "As the situation in the country is tense, I have every right to limit access to the hearing". People did not understand the judge’s claim that the situation in the country was tense, as an excuse to limit public access to court.

Of all the trials declared public where the principle of publicity was observed (101), unconditional admission of people occurred in 94 cases.

Judges’ comments in relation to people’s requests to attend the trial:

  • "Our hearings are public and may be attended by anyone!"
  • "You may attend, but if there are no seats, the judge has the right to limit access to the hearing."
  • "It is not closed, you can attend!"
  • "Come in if you like."
  • "Yes, but if you have a mobile phone - switch it off!"
  • "Are you a relative of a party?"
  • " Who are you? Do you have any connection with this trial? Are you a witness?"
  • “Do you have any connection to this case?"
  • "Are you a witness?"
  • "Who are you?"
  • "What is your name...?"
  • "You may stay, but it won’t be interesting for you"
  • "Why, can’t you go to someone else?!!"
  • “Yes, you may participate, if it’s for your internship!"
  • "A-a-ah! You must be an intern!"
  • "Well, we are already at the end ...!"

Of all the trials declared public (106) where the principle of publicity was applied (101), in 7 cases the access of the public was conditioned by the judge’s formulation of the following questions / requests:

  • "Why did you choose my trial? I want to know who you are!", the person who wants to attend the trial replies: "I am a citizen of Moldova, I wish to attend ...", the judge: "Do you have an ID?"
  • "On what occasion? Are you an American agent? What's the point? We have plenty of controllers! Will you write anything? (to parties) What do you think?".Realizing the plaintiff’s reluctance, the judge: "I 'm not against, but the plaintiff and her lawyer do not approve it. I would accept it, if you have time to waist ...!"
  • "Show me a document that you are a trainee lawyer!"
  • "Who are you, and what are you doing at the trial?"
  • At the request of a person to attend the public trial, the judge: "Go to someone else of those 18 judges!." At repeated request to attend namely this trial, the judge said that there were no seats. When the person insisted to attend the trial even standing, the judge did not answer anything. During the hearing, a party has offered a chair to the person who attended the trial while standing, and the judge commented aggressively: "No one asked you to do that!"

Other findings:

  • In one case, the judge asked the person who wanted to attend the trial to show his/her ID and retuned it only at the end of the hearing.

Of the total number of trials declared closed (2), a motivated decision was taken in 0 cases, when the trial was declared closed. In 2 cases where there was no motivated decision at the time of declaring the trial closed, the reasons brought by judges for holding a closed hearing were:

  • After the hearing that could not be attended by the person, the person asked the judge if there was a motivated decision and the judge replied aggressively: "The hearing was closed, secret and full stop ...!"

Other findings:

  • It is interesting that in one case the prosecutor stated that the hearing was closed. When asked about that, the judge kept silent and it was understood that the hearing was closed.

February 2005

The number of monitored trials - 96, of which all 96 were public trials.
Of all (96) public trials, 77 were held in the judge’s office and 19 in the courtroom.

Of all the trials declared public (96), the principle of publicity was applied in 96 cases. Of all the trials declared public where the principle of publicity was applied (96), unconditional admission of people occurred in 92 cases.

 

Judges’ comments in relation to people’s requests to attend the trial:

  • "It’s not so interesting, but you can stay if you wish to"
  • “It’s not so interesting, you’d better come to the criminal trials, there are many things to laugh at!"
  • "No problem!"
  • "Don’t you have anything to do, like fishing? Come in, the trial is open!"
  • "You’re relatives or friends, aren’t you?"
  • "Are you from the press?"
  • “Where do you do your internship? Come in!"
  • "Are you a witness? Where do you do your internship?"
  • "We’re at the end already. So, do you wish to attend anyway?"

Of all the trials declared public (96) where the principle of publicity was applied, in 4 cases the access of public was conditioned by the judge’s formulation of the following questions / requests:

  • "If the parties are not against ..."
  • "There is no room, but you can stand in the waiting room"
  • "You a are not a journalist, are you? No, then there's no problem, you can stay!"

Other findings:

  • Rarely, when the hearing is held in the courtroom, public access is not restricted. Verification of identity of the person who wants to attend the trial is usually done when the hearing is held in the judge's office.

Parties in the trial do not always understand people’s attendance of a trial, although it is public, which shows the society’s ignorance of a simple principle like publicity of the trial.

Transparency of justiceExpertise, MonitoringProject implemented
2014-10-15

Available only in Romanian.

(Română) Southeast Europe Leadership for Development and Integrity (SELDI)Expertise, MonitoringCurrent project
2019-10-15

Available only in Romanian.

(Română) Centrul de Asistenţă a Consumatorilor din regiunea CentruInformation and adviceCurrent project
2019-11-01

Available only in Romanian.

(Română) „Ajutorul social în Republica Moldova: între eficacitate și integritate”MonitoringCurrent project
2018-06-01

Available only in Romanian.

(Română) Promovarea votului informat şi conştient la alegerile parlamentare prin campania de monitorizare şi informare „Pentru un Parlament curat 2018MonitoringCurrent project