of March 23, 2018 No. 51
About approval of the Strategy of development for civil society for 2018-2020 and the Action plan on strategy implementation of development of civil society for 2018-2020
The parliament adopts this ordinary law.
Art. 1. - Approve the Strategy of development for civil society for 2018-2020 and the Action plan on strategy implementation of development of civil society for 2018-2020 stated in annexes 1 and 2.
Art. 2. - To the government in cooperation with the organizations of civil society annually till March 31 to submit to Parliament the report on strategy implementation and the Action plan, specified in Article 1.
Art. 3. - Monitoring and assessment strategy implementations of development of civil society for 2018-2020 are enabled by means of the tools provided in it.
Art. 4. - The commissions on social protection, health care and family to exercise control of execution of this law.
Chairman of the parliament
Andrian Kandu
Appendix 1
List of reducings:
APU - Academy of public management
ABRM - Association of librarians of the Republic of Moldova
NAZN - National employment agency of the population
OTsPU - bodies of the central public management
OMPU - bodies of local public authority
The joint venture - social entrepreneurship
PAGE - Platform for active nationality and partnership for human rights
KMVM - Congress of local authorities of Moldova
KSOPV - The commission on certification of the organizations attracting volunteers
NSU - National council on participation
NSMM - National council for youth of Moldova
NVTsM - National volunteer center of Moldova
SRRM - Council of rectors of the Republic of Moldova
The Volunteer Coalition (VC) - the Coalition on promotion of the law and volunteer activities
FAM - Fund of development in Moldova
FHI 360 - Family Health International 360
HAI - HelpAge International
INO - Institute of life-long education
MEI - Ministry of Economy and Infrastructure
MCXPPOC - Ministry of Agriculture, regional development and environment
MOKI - Ministry of Education, cultures and researches
MZTSZ - Ministry of Health, work and social protection
NGO - non-governmental organization
OHO - the organizations of civil society
SSGO - the structure responsible for cooperation with civil society, as a part of the State office
The strategy of 2012-2015 - the Strategy of development for civil society for 2012-2015.
Development of civil society is important for strengthening of the supreme values of any country, and also for encouragement of involvement of the population in development of communities. Development of the associative sector in the Republic of Moldova confirms observance of basic rights and freedoms, including consolidation rights to liberty, freedom of assembly and freedom of expression. The activities the population promotes large-scale development of communities, increase in standards of life and improvement of quality of life.
Such contribution of the associative sector to promotion and creation of democratic society assumes close cooperation with institutes of the state. Joint initiatives significantly promote progress in different social areas for the adequate solution of the existing problems. The Organization of Civil Society (OCS) as the component of social system is the form of expression of citizens' initiatives promoting active participation of the population in management of public affairs. Support of civil society is method of stimulation of social unity and creation of steady social capital. Also OHO have high economic potential as the employer, promoting thereby decrease in unemployment. Therefore, part of national interests of the Republic of Moldova is support of development of the associative sector, acceptance of policy and creation of favorable normative basis for development of the sector - important element of promotion of democracy and democratic values, significantly the important partner in identification and the problem resolution in different social areas.
The strategy of development for civil society for 2018-2020 (further - Strategy) reflects the obligation of the Republic of Moldova to systematically strengthen conditions for dynamic development of civil society. Based on the principles of mutual trust, partnership, transparency, participation, lack of political commitment, Strategy continues the efforts begun within the previous strategies of development for civil society (for 2009-2011 and for 2012-2015), and is guided by the same priorities.
Strategy is developed on the basis of participation by the cross-industry working group (divided into three working subgroups, according to three general tasks of Strategy), created on the basis of the Order of the Chairman of the parliament of DDP/C-1 No. 9 of November 25, 2016 and consisting of representatives of civil society, the Government and Parliament with assistance of Agency of the USA on the international development (USAID), provided within the "Partnership for Steady Civil Society in Moldova (MPSCS)" Program implemented by FHI 360 and the European center of the non-commercial right (ECNL).
As there is no commonly accepted determination of concept of "the organization of civil society", for the purpose of this Strategy the formulation offered by the United Nations is used: "the non-commercial structures, volunteer groups of citizens created at the local, national or international levels for identification of the problems which are of public interest. Completely directed and created by people with common interests, they provide and perform different humanitarian services and functions, represent needs of citizens before government structures, control implementation the politician and programs, and also support participation of civil society at the level of community" 1.
1.1. General retrospective. Strategy confirms priorities and continues the efforts begun within the Strategy of development for civil society for 2012-2015 approved by Parliament the Law No. 205/2012.
Final assessment of realization of the specified Strategy confirmed the importance of the priorities established by it in spite of the fact that formal assessment of ex ante was not carried out, and the relevant document was based on ascertainings, the conclusions and recommendations of several conducted researches in the field of action of this Strategii2.
Strategy implementation of 2012-2015 was enabled against the background of political instability with frequent change of the governments, including ministries that adversely affects on continuity of realization and achievement of progress. Final assessment determined that the Strategy of 2012-2015 was very ambitious, however in implementation process the insignificant progress confirmed with some achievements in three priority spheres of the specified document was made. The main conclusion of final assessment is that the majority of obligations assumed within the Strategy of 2012-2015 were not executed. More precisely, the level of realization provided in the specified Strategy of obligations constituted 27%; 9% of obligations had the expressed extent of realization, and 64% were not realized, including 52% of outstanding actions were not even begun. That is, results of accomplishment of the obligations provided in Strategy and the Action plan were lower than the level of expectations and modest in comparison with the planned results.
Factors which have an adverse effect on strategy implementation of 2012-2015 were as political, contextual and financial procedure, and at the level of management and coordinating between participating subjektami3. From the determining factors stated above we will note shortcomings of development of the associative sector of the Republic of Moldova, rather small amount existing OHO on 1000 inhabitants, small share of active NGO and low level of participation OHO in decision making process. Other factors are shortage of financial resources and low solvency OHO, and also the low level of civil spirit and volunteering. The description of these factors contains in the corresponding parts.
The strategy of development for civil society for 2018-2020 is developed taking into account the previous omissions, the accumulated experience and aimed at realization of the remained pending obligations of the previous document, with revaluation of level of intervention and with inclusion of new necessary actions and measures, but within the priorities established by general and specific tasks of Strategy of 2012-2015. Also the emphasis is placed on monitoring and assessment of achievements, on inclusion of additional indicators of progress as from the point of view of quantity, and quality.
The political context in the Republic of Moldova during development of Strategy was rather stable while social and economic aspects still remain unstable that negatively influences possibility of financial support bodies of the public power of accomplishment of the obligations provided in Strategy. The aspiration of authors of Strategy is in paying attention and to a large extent to involve partners in development in support of realization of undertaken obligations that shall promote increase in efficiency of Strategy. Low impact at the local level of Strategy of 2012-2015 will be partially modified by inclusion in the new Strategy of representatives of local authorities of the public power and by actions planning and achievement of results at the local level, and also by means of amendment of geographical indicators of progress and representation. Shortcomings of monitoring and the reporting of strategy implementation of 2012-2015 will be minimized by creation of the mechanism of parliamentary control for monitoring, and also by establishment of intermediate assessment, along with final.
1.2. Civil society of the Republic of Moldova: general data. Now in the Ministry of Justice about 7950 republican public associations, except for funds, private and public institutions, the religious organizations are registered. The number of local public associations is unknown as local authorities of the public power do not provide the relevant information to the Ministry of Justice, therefore, neither society, nor authorities know real total number of the organizations of civil society in the Republic of Moldova. The majority registered OHO (about 65%) are in municipium of Chisinau though only about 25% of total number of the population of the country live in this administrative and territorial unit. According to unofficial assessments, in the Dnestr region of the Republic of Moldova are registered about 2500 public objedineniy4. In the Republic of Moldova 1,9 OHO is the share of 1000 inhabitants that is progress in comparison with Ukraine (1,2) and the Russian Federation (1,6). However this indicator is much less in comparison with some countries of Eastern Europe, such as Romania (2,9), Macedonia (5,6), Hungary (6,6) or Croatia (9,6)5.
According to estimates of some researches, only about 25% of total number are OHO rather active and develop different projects and initiatives 6, and one of the reasons is both insufficient financing within the country, and lack of mechanisms of generation of the income by provision of services.
Now the associative sector of the Republic of Moldova is present at different fields of activity, are basic of which: education and trainings (50%), social services (% 40,8), development of community (% 36,9), civil participation (% 26,2), health and youth (on % 19,2 everyone), culture (% 16,9) 7.
The legal base of the associative sector provides three different forms of the organization: public associations, funds and private institutions. The main legislation includes the Law on public associations No. 837/1996, the Law on funds No. 581/1999 and the Civil code No. 1107/2002. The majority are OHO registered as public associations. The changes establishing allowing regulations for OHO for receipt of the status of the organization of public advantage are made to the Law on public associations according to provisions of the Civil code.
At the same time in the legal base OHO in 2015 there were some negative changes, in particular because of amendments to the Tax code and introduction failure of "Single window" for registration OHO which is in general favorable for OHO at the national level whereas at the local level in it shortcomings are noted. For example, many local authorities of public management of the first level have no the database registered OHO, their representatives have limited data on award of civil community of single registration number to the organization. "Single window" for registration OHO which owed become functional in 2014, was not established. In June, 2015 the procedure of provision OHO of the status of the organization of public advantage was changed and except the options "approve" and "reject" the Certified commission has the option "postpone", having provided OHO 30 days for reduction in packet compliance dokumentov8. Also, since 2015 the Commission publishes on the official web page of the Ministry of Justice the made decisions, however the reference The Staticized List of the Non-profit Organizations Which Received the Status of the Organization of Public Advantage not aktivna9.
In the course of cooperation representatives OHO and bodies of the public power divide the same values and are guided by the following principles.
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