Moldovan government approves amendment of law on insolvency, amnesty in context of 30th anniversary of Moldova's Independence

Chisinau, 8 December /MOLDPRES/ - The cabinet, at a today’s meeting, approved a draft law on the amendment of the way of appealing the decisions of the insolvency court, the government’s communication and protocol department has reported.  

The draft’s goal is to remove the legislative gaps and normative inconsistencies between the civil procedure code and the law on insolvency as to the way of appealing the decisions by the insolvency court. They were triggered by the change of the Article 355 of the civil procedure code through the Law No 254/2017, which changed the jurisdictional competence in the cases of insolvency, from the courts of appeal to judges; yet, the way of appealing the rulings by the insolvency court was not adjusted, in accordance with the competences of the level and jurisdiction.        

Thus, the cabinet proposes to amend the law on insolvency and the civil procedure code, by adjusting the remedy at law. More exactly, it can be exercised against the decisions by the insolvency court, in line with the general procedure of appealing the rulings issued by judges, provided for in the civil procedure code, as well as in accordance with the level of the competent courts, as a result of the amendments made through the Law No 254/2017.       

The government also approved the notification on the draft law on amnesty, in the context of the 30th anniversary of the proclamation of Moldova’s Independence. About 1,723 detainees will get under the action of the act on amnesty, of whom 67 will be liable to immediate release, while conditioned release before term or release after the shortening of the term might be applied for 1,650 detainees.    

It is worth mentioning that the amnesty will not be able to be enforced for the people who committed particularly or exceptionally serious offences, or corruption actions or actions related to corruption.   

Thus, the draft sees the creation of a special commission, which will analyze the amnesty files. The commission will be made up of representatives of the Justice Ministry, National Administration of Penitentiaries, National Evidence Inspectorate, as well as attested judicial experts psychologists.      

In the context, the National Administration of Penitentiaries will present to the special commission the list of convicts who are under the action of the concerned law. Subsequently, after the files are considered, decision-makers will initiate approaches to competent courts for enforcing a solution, such as the pardon or the shortening of the term in jail.    

Photo: Government