The Project of the Plan for regulating the Transnistrian conflict and modernizing the Republic of Moldova

 

 

proposed by The Popular Rising ďAn European United Moldova ď to the governments of Republic of Moldova, Transnistria, U.N., U.S.A., Russia, Ukraine and to the public opinion .


 

1) Basic Juridical and Political Principles

A) The Republic of Moldova and The Mediators have decided that in order to assure the unity of the country, the civil peace, the democratic development, and European integrity is necessary to regulate the Transnistrian conflict through adopting of the new Constitution of Republic of Moldova due to the fact that is possible to create an united state, independent, sovereign, based on the principles of decentralization and regional self-management, defined in the frontiers of Moldavian Socialist Republic since the date of 1 of January 1990.
B) The parties consider that the achievement of mechanisms for regulating the Transnistrian problem is possible basing on ht collaboration with mediators, preliminary examination by the entire nation and adopting new Constitution of United State Republic of
Moldova during the national referendum.
C) The juridical regulation will be done together with the political regulation which will materialize in the Joined Declaration of European Integration of a United Moldova.
D) In order to make the government democracy, to increase the trust transparency of the new managementís activity to reduce the bureaucracy and the maintenance costs of the central state bodies, The United Moldova will refuse presidential institution.
E)
Russia will fulfill itís obligations from the decision taken by O.S.C.E., in Istanbul and Porto regarding the withdrawing the military contingent and munitions from the territory of Republic of Moldova. The parties will have in charge the assuring of the fact, that procedures of juridical and political regulation shall coincide with ending of the actual Parliamentís mandate in February 2005, thus the Parliamentary elections according the new Constitution take place in that period of time.
F) In order to implement the new Constitution of The United Moldova will be created the international guarantee mechanism with the fixed mandate .The Warrants shall be eventually the actual mediators and other organizations and state that will accept this noble mission .

2) Basic Constitutional Principles

In the new Constitution of The United State will be stipulated the following basic constitutional principles:
1) The Rep. of Moldova is an independent state, democratic, sovereign, a Parliamentary Republic by form of governing, divided in 6 regions equal in right, based on the principle of unity of the national territory, principles of joined edification of the stateís power, a single space of defense, customs, and monetary currency system .The Rep. of Moldova is a neutral state and can not adhere as a member to any military alliance regional or global.
2) The Military Forces of Rep. of Moldova will be reduced to the reasonable number and will be commanded by a body in powered by the Government of Rep. of Moldova. The limits number of the bodies shall provide the order and security will be determinate by organic law.
3) The Constitution of Republic of Moldova, the organic and ordinary law adopted and confirmed with the Constitution referring to the competence of administration, referring to the competence of law making and administration of Rep. of Moldova and Regions, as well as other acts of central bodies of the stateís power adopted for execution the constitution and the central laws, have a direct action in the whole territory of Rep. of Moldova and are obligatory for execution for all bodies of states power, bodies of self-administration, natural and juridical persons.
4) The territory of Rep. of Moldova is formed from: the united national territory divided in 6 regions (Chisinau, Tighina, Tiraspol-Trsnistria, Gagauzia, Balti, Cahul-annex 1) In the limits of the national territory all attributions of the legislative, executive, and judiciary power and the competence of management are exercised directly, respectively by Government, Parliament and the juridical bodies while in the cases established by law of the regions by the bodies of the local self-administration.
5) The Parliament by constitutions forms the regions, in the competence of Rep. of Moldova which forms their own bodies of power legislative, executive (Parliament, Government) and the judiciary power. The Regions may have Constitution and their own legislation, patrimony, budget and their own symbols, and as well as other insignia of their statute as autonomous regions in the composition of the Rep. of Moldova.
6) The juridical constitutional statute and the borders of the regionsí territory can not be modified without their consent.
7) The state language of Rep. of Moldova is Moldavian -Romanian based on Latin graphic. The following language will have the statute of regional, working languages: Russian, Ukrainian, Bulgarian, and Gagauzian. By the Constitution (Regulation) of the regions together with the Moldavian -Romanian language, in the territory of the regions will be instituted also other official languages. The statute of the languages in the regions will be determinate by the local referendums. The secretary proceeding in the territory of the regions in all bodies of state power and bodies of local self-administration shall be done in the state languages and regional. The right to use the mother language is saint and the Rep. of Moldova guarantees to all its citizens, who live in its territory, the right to preserve it, to create conditions for studying and itís developing and usage in administration in according The European Charta concerning the regional and minority languages.
8) The Rep. of Moldova is the subject of the international law and the member of international overall and regional organizations for which is required the international juridical personality.
9) The Rep. of Moldova established international relations with other states and international organizations and concludes treaties and agreements. International treaties ratified by Rep. of Moldova and the general principles of international law are priority to the legislation of Rep. of Moldova.
10).The international treaties referring to the competence of administration of
Republic of Moldova will be ratified ordinary law.
11) The international treaties referring to the competence of separate administration of
Republic of Moldova and Regions will be ratified through national organic laws. During the negotiations for concluding international treaty, which refers to the separate administration, the central government in order to take into considerations the opinion of the regions, sustains the preliminary consultations with state power bodies of the Regions and assures the participations at the negotiations of the members of the empowered bodies of the in conformity with the order with the order established by the national organic law.
12) The Regions of Rep. of Moldova can be members of the international organizations overall and regional, which require the existence of the international juridical personality.
13) The withdrawal of the region Tiraspol-Transnistria from the componence of Rep. of Moldova can be done only in case abolition of the State Rep. of Moldova, based on a decision adopted during a national referendum through the majority of votes of electors registered on the territory of Rep. of Moldova .This referendum is called by the Parliament with the agreement of the Constitutional Court.
14) The Constitution
Moldova stipulates the competence of administration of Republic of Moldova as will as the competence of regional administration.

3) The exclusive competence of lawmaking of and administration of the Rep. of Moldova

1) The national patrimony and its financial administration.
2) The activity of the central bank, the currency regulation and money issuing.
3) The external politics, the external commerce and the international treaties of Rep. of Moldova, the problems of war and peace.
4) The citizenship of Rep. of Moldova, the problems of emigration and immigration.
5) The determination of the order of producing selling and buying of weapons and munitions, producing of toxic substances, drugs and the order of their utilization.
6) The determination of the statute and securing the stateís borders, air space of Rep. of Moldova, the regime of border zone.
7) The meteorology survey, map drowning, standards, norms, the measure system and time calculation.
8) The custom regulation.
9) The energetic system, transportation by pipers, communications.
10) The judiciary organization, the organization and activity of the bodies of law and national army.
11) The penal legislation and penal procedure, amnesty and pardon.
12) Delimitation of the property into public, national and regional.
13) The national budget, taxes, duties and other obligatory fees.
14) The main principles in education and social protection.
15) The main principles in external economy activity of citizen and juridical entities.
16) The national electoral law.

4) The competence of the Regionís administration

1) The regulation of the external economical activity concerning the objects of Regionís administration exercised by the bodies of the state power of the regions the their own means, as well as the external economical activity of citizens and organizations in the limits established be the national organic laws
2) Institution of the system of bodies of the state power of the regions.
3) Administrative legislation concerning the regulation of the activity of the regional state bodies.
4) The problems of local self-administration, establishment and assurance of guaranteeing right of citizens to self-administration.
5) Civil, family and dueling law making.
6) Health protection issue.
7) The organization and activity of lawyers and notary.
8) State property and its financial administration.
9) The approving and executing the budgets Regionís subjects, executing, the exercising checking the regional budget execution.
10) Culture and arts, protection of historical monuments of great regional values, physical education and sports.
11) The problems of constructions and architecture.
12) Decorations and titles of honor of regions.
13) Problems concerning auxiliary measures of social protection given to the citizens who live on the territory of the subjects, from their own budgetary means.
14) Other issues that do not fall under the competence of administration and regulation from center.


5) Regulation of Competence of the Regions and Center

1) The regulation of relations appearing between the subject of administration including the determination of the attribution for all levels and branches of the public power at the pointed compartments of administration, are realized through organic laws elaborated by the Parliament of Rep. of Moldova.
2) Ordinary and organic laws, which stipulate the attributions of the public power bodies of Regions concerning the subjects of administration, for the execution which are necessary budgetary expenses, have to contain principles which provide allowing from the central budget off special subventions to the regional budgets and municipal budget as well as the calculation of this separation.
3) The regulation of relations concerning the administration of the regions including the determination of the regional state power bodiesí abilities local self- administration bodies of regions, is realized by the laws of the regions. During the process of region administration the state power bodies of Regions have full state power.
4) Through of the laws of Regions may be done the juridical regulation of administration in the limits of legislative abilities of Regions, established by Constitution, organic and ordinary laws adopted by the Parliament of Region.
5) In case of conflict between laws of regions and of Republic of Moldova the Constitutional Court solve the conflict of competence .The Decisions of the Constitutional Court shall be binding for the parties , final and with no possibility for further attack.


6) Budgetary relations between Rep. of Moldova and Regions

a) The Budget of Rep. of Moldova is formed from taxes, fiscal accounts and from others payments, established by the national organic laws, as well as of others profits obtained from privatization.
b) The Budgets of Regions is formed from taxes, fiscal accounts and from others payments, established by the regions laws, as well as of others profits obtained from privatization, also from defalcation from taxes, fiscal accounts, duties established by organic law.
c) The content and the limits of fiscal shares of the fiscal duties and municipal taxes are established through organic laws

7.) The Parliament of Rep. of Moldova

1) The Supreme Legislative Body of the state power in Rep. of Moldova is Unicameral Parliament
2) The Parliament is formed from 111 deputies, having the mandate for 4 years in according with national organic law.
51 deputies will be elected after the political party lists in the national territorial zone, 61 deputies will be elected in the regional uninominal zone, in dependence of the number of inhabitance, the electoral general rights, as being equal, direct, secret, universal and free expressed .
3) The Leader of the Parliament will be chosen with simple majority of votes from the total number of the deputies.
If, during of 45 days the Leader of the Parliament will be un-chosen beginning with the date of the Parliament elections, the Parliament elections will repeated under supervision of Constitutional Court and organized be Government.
4) Parliament adopts organic and ordinary laws through simple majority, from total number of deputies. The Region will be in right to invoke the veto onto organic and ordinary laws that are un-adequate with the statute of region. The veto can be avoided by Parliament through adaptation in repeated way of the respective law; by skilled majority (2/3 from all numbers of deputies).All law should be promulgated be the President of Parliament.
5) Constitutional modifications can be applied only through constitutional laws, which are adopted by the Parliament after the agreement with Regional Counsels (Parliaments) with skilled majority (2/3 from all numbers of deputies). Constitutional modifications are probated through general referendum with vote of 51 plus one from citizens in participation.

8) The Government of Rep. of Moldova

a) The Executive power in the state will be fulfilled by Central Government.
b) The President of Government and Governmental structure are confirmed in function by Parliament through majoritiesí votes of deputies, with recommendation of the Leader of the Parliament.
c) The functions of the leaders of the central organs of the executive power are in according with principle of representative of the Regions. The order of representation Regions in the central organs of the executive power is established through organic and ordinary laws.

9) The Justice in Rep. of Moldova

1) In order to make the civil, administrative, penal justice in Rep. of Moldova, in according with national organic law is formed The Supreme Court of Justice, Appeal Courts, District Courts and Supreme Council of Magistrate. Constitutional Court will be in title to perform the constitutional justice.
2) The Supreme Court of Justice is the supreme instance of recourse for penal, civil, administrative files. The Supreme Court of Justice is formed by Parliament, from proposal of Supreme Council of Magistrate.
3) Constitutional Court is formed from 9 judges, 6 will be appointed by Regions, each judge represent the Region, the rest will be appointed by Government, Parliament, and Supreme Council of Magistrate. The structure of Constitutional Court is approved by Parliament. Political parties, Syndicates, N.G.O., and the citizens of Rep. of Moldova are in right to go to law the Constitutional Court.
4) The judges of District Courts will be appointed in according with local law. (Regions legislation)

10) The Terms of Realization of the Settlement Bill

1) The Common Parliament will be formed at the lasted of the
15 February 2005.
2) For preparation of the Bill of Constitution, the parties create the Joint Constitutional Commission (J.C.C.).The Bill of Constitution which is adopted by J.C.C. will be advanced in front of Parliament of Rep. of Moldova to vote by 2/3 from number of deputies. In case, if the Bill of Constitution will be adopted, the Bill of Constitution must be publicized in the official mass-media at the lasted of the 31 Mart 2004.
3) If will be impossible to adopt the Bill of Constitution by J.C.C., the Chisinau Parliament in the urgent regime will adopted in the time of 2 months the Bill of Constitution which is co-ordinate with mediators. The new Bill will be publicized for proposals and debates.
4) The Referendum of population in the problem regarding the adaptation of Constitution is unfolded till
31 November 2004. The Leaders of Rep. of Moldova and Trasnistria assume the duties and guarantees to create all necessary conditions in order to make the Referendum in the territorial limits of Rep. of Moldova that are recognized on international level, in according with democratic standards of the European Council and the Organization for Security and Co-operation in Europe.
5) The Constitution is considered adopted; if during the voting was present 50 plus one from electors which was registered and if Constitution was adopted in majority by inhabitants of Rep. of Moldova with publication in Official Monitor of Rep. of Moldova.
6) In case of un-adoption of the Constitution through referendum, the Parties assume the obligation to continue the preparation and to advance the new Bill of Constitution of Rep. of Moldova in the time of 3 months. If elaboration of the new Constitution during the mandate of the actual Parliament will be un-respected, this aim will be continued by next Parliament, in conditions of the actual Constitution.

11) Post-confliction regulation

In order to realize in adequate way the result of Referendum and implementation of the new Constitution of Rep. of Moldova is instituted the next system of guarantees:

1) Is formed a Multinational Military Levy (M.M.L.) with length by 1 year, under the control of U.N., O.S.C.E. and The Guarantees will reflect the pass from conflict state to post conflict state, will monitories the disarmament of Transnistrian Military Formations, with passing under the subordination of Ministry Of Defense and Ministry of Interior of Republic of Moldova reintegrated.
2) Is instituted the International Committee of Guarantee (I.C.G.), formed from 7 guarantees Ė E.U., U.S.A., Russia, Romania, Ukraine, U.N., O.S.C.E., during the 4 years till the next Parliament elections .
3) The term of activity of the I.C.G is in dependence of the moment of adaptation of the new Constitution through referendum. The Warrants (as overseers) will monitories implementation of the new Constitution in the concrete term will solve the conflicts of competence between the Regions and Rep. of Moldova, will monitories the activity of the Multinational Military Levy.
4) Having the goal to avoid actual humanitarian and economical catastrophe with which the population from both shores of
Nistru River is confronted will elaborated the plan of development of national economy of Rep. of Moldova with annulations of principle financier duties of Rep. of Moldova in front of main creditors.

Annex 1.
The Regions of Rep. of Moldova

The Chisinau region
Mun.Chisinau
Raioanele: Basarabeasca; Calarasi; Cimislia; Criuleni; Hincesti; Ialoveni; Nisporeni
Orhei; Rezina; Straseni;

The Balti region
Mun.Balti
Raioanele : Briceni;Donduseni;Drochia;Edinet;Falesti;Floresti;Glodeni;Ocnita;Risnaci;
Singerei; Soroca; Soldanesti; Telenesti; Ungheni;

The Tighina-Bender region
Mun. Tighina-Bender
Raioanele: Anenii-Noi; Cainari; Causeni; Stefan-Voda;


The Tiraspol- Trasnistria region
Mun.Tiraspol
Raioanele: Dubasari; Grigoropol; Ribnita; Slobozia; Camenca;


The Cahul region
Mun.Cahul
Raioanele: Cantemir; Leova; Taraclia; Vulcanesti;

The Gagauzia region (actual territorial composition)

Chisinau, December, 2003