ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of June 26, 2024 No. 447

About change and recognition voided some regulations (increase in efficiency of process of development and promotion of acts of the Government)

List of amending documents

Based on part (2) Article 21 and article 31 of the Law No. 100/2017 on regulations (The official monitor of the Republic of Moldova, 2018, Art. No. 7-17, 34), with subsequent changes, and parts (1) article 19 of the Law No. 235/2006 on the basic principles of regulation of business activity (The official monitor of the Republic of Moldova, 2006, Art. No. 126-130, 627), with subsequent changes, DECIDES: the Government

1. The order of the Government No. 1104/1997 about procedure for conducting legal examination and state registration of departmental regulations (1998, Art. No. 6-7, 10), with subsequent changes, to declare the official monitor of the Republic of Moldova invalid.

2. In the Order of the Government No. 1429/2008 about review and optimization of the regulatory base of regulation of business activity (Official monitor of the Republic of Moldova, 2008, Art. No. 237-240, 1472), with subsequent changes, to make the following changes:

Item 21 of appendix No. 3 to state 1) in the following edition:

"21. Are part of the Commission:

the commission chairman – the secretary general of the Government;

members from bodies of public management who develop policy for business environment: secretary general of the Ministry of Economic Development and digitalization, secretary general of the Ministry of infrastructure and regional development, secretary general of the Ministry of Agriculture and food industry, secretary general of the Ministry of Finance, secretary general of the Ministry of Health and secretary general of the Ministry of the environment;

members from business community: the chairman of National confederation of patronage of the Republic of Moldova (the vice-chairman of the Commission), the chairman of Chamber of Commerce and Industry, the coordinator of the Secretariat according to regulation impact, the head of the Secretariat of Economic council in case of the Prime Minister.";

2) in appendix No. 4:

a) in all text to replace the word "examination" in any grammatical form with the word "conclusion" in the corresponding grammatical form;

b) 4) of Item 7 to state the subitem in the following edition:

"4) representatives of the following central bodies of public management: Ministry of Economic Development and digitalizations (1 representative of fields of the industry or trade), Ministry of infrastructure and regional development (2 representatives of areas of construction and transport), Ministry of Agriculture and food industry (1 representative), Ministry of the environment (1 representative), Ministry of Finance (1 representative of tax and customs areas), Ministry of Health (1 representative), Ministry of Justice (1 representative), Ministry of Internal Affairs (1 representative). The chairman and the vice-chairman are full-fledged members and are given the specific authority provided in this Provision;";

c) in the subitem 4) of Item 9 of the word "and to represent the examination" to exclude;

d) in Item 16:

1) to state the subitem in the following edition:

"Considers 1) and takes out the conclusions concerning explanatory notes about need of project development of regulations on state regulation of business activity;";

in the subitem 2) shall be replaced with words the words "performs examination" "takes out the conclusions in the relation";

in the subitem 6) of the word of "development of the analysis of impact" shall be replaced with words "carrying out the analysis of the regulating impact";

e) in the subitem 4) of Item 19 of the word "provide examination and recommendations" shall be replaced with words "express opinion and provide recommendations";

f) in Item 24:

in the subitem 1) "provision of the expert opinion by it" shall be replaced with words words "to issue of the conclusion by it";

in the subitem 2) "the expert opinion provided" to replace the text with the text of "the conclusion issued";

in the subitem 3) shall be replaced with words words of "documents of the analysis of impact" "explanatory notes";

g) in the name of Chapter IV of the word "PROVISIONS EXPERT" to replace with the word "ISSUES";

h) in Item 29:

2) to state the subitem in the following edition:

"2) to assessment and support of the text of the explanatory note concerning which the conclusion is issued;";

in the subitem 3) shall be replaced with words the words "exposed to examination" "concerning which the conclusion is issued";

i) Item 32 in paragraph four "expert" to exclude the word;

j) state Items 34 and 35 in the following edition:

"34. The working group considers in the course of preparation of the conclusion regulatory legal acts which contain the regulations regulating business activity, and contents of the explanatory note to them and at the same meeting approves the conclusion of advisory nature consisting of two Sections in which results of consideration of the draft of the regulation and, respectively, the explanatory note are stated. The term of preparation of the conclusion constitutes 10 working days if other term is not established in the statement for making the conclusion.

By consideration of drafts of regulations degree of compliance of legal contents of the project to the principles of regulation of business activity is determined and, proceeding from circumstances, recommendations about its reduction in compliance with the specified principles and provisions of the regulatory base are constituted.

By consideration of contents of the explanatory note degree of compliance to requirements of the Methodology of the analysis of effects in the course of reasons for drafts of regulations approved by the Government is determined (further – Methodology), and, proceeding from circumstances, recommendations about completion and enhancement of the explanatory note are formulated.

The line item of the Working group concerning contents of the project and the explanatory note is accurately expressed in the text of the conclusion based on opinions of members, the Secretariat according to the regulating impact and other opinions provided to meeting time:

1) it is supported;

2) it is not supported.

In case of equality of votes the draft of the regulation and the explanatory note to it are considered as not supported.

35. The explanatory note which contains analysis results of the regulating impact can be provided to the Working group for carrying out preliminary consultations to or after publication of the announcement of initiation of project development of the regulation.";

k) recognize Items 36 and 37 invalid;

l) state Item 38 in the following edition:

"38. The conclusion prepared by the Working group is attached without fail to regulation project materials, and results of consideration are reflected in the code according to the draft of the regulation.".

3. In the Regulations on the Government approved by the Order of the Government No. 610/2018 (Official monitor of the Republic of Moldova, 2018, No. 245, of the Art. 664), with subsequent changes, to make the following changes:

1) change is made only in the text in Romanian;

2) in the Section I:

a) in Item 1 "National Bank of Moldova, Audit Chamber and the Prosecutor General's Office" shall be replaced with words the text "Constitutional court and autonomous bodies of the public power";

b) state item 4 in the following edition:

"4. Activities of the Government are directed to realization of domestic and foreign policy of the state, ensuring realization of the main interests of society and accomplishment of the Program of the activities approved by Parliament according to provisions of the Constitution of the Republic of Moldova, the Law No. 136/2017 on the Government, other regulations, international treaties which party is the Republic of Moldova, on goal achievement of the European integration and accession to the European Union, and also on the problem resolution in the areas carried by the law to competence of the Government.";

c) state Item 5 in the following edition:

"5. According to the Constitution of the Republic of Moldova and the Law No. 136/2017 on the Government the Government accepts resolutions, ordinances and orders, procedure for development and which promotions it is regulated by the Law No. 100/2017 on regulations and this Provision.

On the questions which are not requiring adoption of the act of the Government according to provisions of the Constitution of the Republic of Moldova, the Government can make decisions according to the rules and procedures established in this Provision.";

d) state Item 7 in the following edition:

"7. The government performs the activities according to the principles of open public administration and is direct or through the bodies subordinated to it informs the public on the activities and provides, according to the law, platforms for participation of physical persons and legal entities, including non-profit organizations, in the course of adoption of socially significant decisions.";

3) in the Section II:

a) state Items 11 and 12 in the following edition:

"11. The program of activities of the Government is the main political document in which the main objectives of development of the country for action of powers of the Government corresponding to the strategic priorities following from the National development strategy, the National program for accession and from other documents public the politician and also the international obligations assumed by the Republic of Moldova, in particular connected with the European integration and accession to the European Union are determined.

12. The Government annually develops for implementation of the Program of activities, updates and approves the National program for accession (Scientific Production Enterprise), the National Development Plan (NDP) and the National Plan of Regulatory Activities (NPRA) determine the purposes and strategic directions of state policy, and also way of their realization in spheres of activity for which it is responsible, develops and submits in Parliament for review budget tax policy, drafts of the laws on the government budget, about the budget of the national social insurance, about funds of compulsory medical insurance and drafts of the laws on introduction of changes in them, and also takes any other actions necessary for carrying out policy of the state in the spheres of activity carried by the law to competence of the Government.";

b) state Item 15 in the following edition:

"15. For the purpose of ensuring accomplishment of the functions and obligations and implementation of legislative provisions the Government can create councils, the commissions, committees and other advisory platforms which perform the activities according to the provisions approved by the Government.";

c) state part 2 in the following edition:

"Part 2

Planning of activities of the Government

16. For the purpose of accomplishment of the Program of activities the Government performs planning of the activities on the basis of criteria of priority and succession, developing and approving the action plan which finds the reflection in the following planning tools: National program for accession, National development plan and National plan of regulatory activities.

The national program for accession is the tool of the Government on mid-term planning, is annually or as required updated and provides strategic complex vision of procedure for realization and terms of realization of intentions of the Republic of Moldova in the field of accomplishment of conditions for accession to the European Union. The program is directed to agreement performance about association and all obligations following from the status of the member state of the European Union and contains plans for development of administrative capacity of the Republic of Moldova, including capacity of organizations in the field of the justice necessary for implementation of the legislation of Community.

The national development plan is the tool of the Government on mid-term planning, is annually updated and establishes priority actions for reforming and projects of development which shall be implemented by the central bodies of public management according to competences during the specific planned period determined on the basis of the Program of activities of the Government, the National development strategy, the National program for accession and other documents public the politician and also the international obligations undertaken by the Republic of Moldova in particular connected with the European integration and accession to the European Union.

The national plan of regulatory activities is the tool of the Government on annual planning of regulatory process at the level of the central bodies of public management which politician and drafts of the regulations making impact on economy, society, the environment, homeland security and defense, the government budget and process of the European integration which the central bodies of public management within calendar year intend to provide for approval to the Government proceeding from priorities of the Program it to activities contains documents public.

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