Balancing of business and society interests is a precondition for development

The bill to reduce the pressure exerted by state institutions on the businesses proposed by the Ministry of Justice was subject to a broad debate that involved over 100 businessmen, public servants and representatives of civil society organizations, IPN reports.

Minister of Justice Vladimir Cebotari said the bill is designed to further improve the business climate, to attract new investments to Moldova’s economy and to reduce the pressure on entrepreneurs exerted by the law enforcement agencies.

“The bill does not exempt anyone from criminal liability for wrongdoings. It comes to say that the business community should not be “terrorized”. It does not cut the investigation powers of the law enforcement agencies or other bodies, except for the diminution of the Security and Intelligence Service’s power to investigate economic offenses, the Customs Service’s prosecution power and the power to investigate the economic offenses by the National Anticorruption Center and the Anticorruption Prosecutor’s Office,” stated Vladimir Cebotari.

According to him, the bill introduces suspended sentence for economic frauds that were committed without the use of violence or that weren’t committed by an organized criminal group or that weren’t followed by a theft or massive appropriation. It also bans the arrest of persons for crimes punished with less than five years in jail.

A number of businessmen who took part in the debate supported the bill.

Alexander Koss, of the Foreign Investors Association, said the businesspeople welcome the provisions of the document. “It is not so easy for the business in Moldova. The market is small, while the number of inspectors and persons from the law enforcement agencies that decide the penalties imposed on entrepreneurs is large. We do not need the penalties imposed by inspection bodies on companies to double. We want the SIS to be preoccupied with Moldova’s integrity, the fight against terrorism, while the NAC with the prevention and fighting of corruption, first of all in state institutions, while the Economic Police, which cause terror among businesspeople, should disappear. The police should deal with swindles, financial pyramids, forging of money and other serious offenses. The police do not have what to do at small and medium-sized enterprises, which represent a majority in the Republic of Moldova,” stated Koss.

Alexandru Baltaga, of the Moldova Business People Association, noted it is very important to respect the presumption of innocence when the inspectors come to enterprises. It is not the case to treat all the businesspeople who want to work honestly the same way owing to the violations committed by some.

Some of the entrepreneurs said emphasis should be placed on the prevention of violations of the legislation by businesses, ensuring of stability of legal provisions and respect for the business community.

In connection with the decriminalization of economic offenses, Alexandra Can, of the National Employers Confederation of Moldova, said such words as penalty and fine should be replaced with “delay tax”.

Programs director of the think tank “Expert – Grup” Dumitru Budianschi and programs director of the Legal Resources Center of Moldova Nadejda Hriptievschi noted such a law has been awaited by the business community, but this should ensure a balance between the interests of businesses and the public interest, of the whole society.

The participants in the debate formulated a number of proposals that the Ministry of Justice promised to take into consideration. Both businessmen and representatives of civil society said they are waiting for the final variant of the bill.

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