Experience of Moldova in Development of Non-for-Profit Legislation and Promotion of Public Participation Ilya Trombitsky Eco-TIRAS, Moldova

Legal Framework Law on Associations (1996) Law on Foundations (1999) Tax Code (1997) Civil Code (2002) In general – simple registration, almost no harassment of the state to NGOs, but no well established mechanisms for self-sustainability of sector. Auxiliary economic activities are not permitted as a source of income for NGOs. Moreover, by Civil Code even prohibited establishing of profit entities by NGOs

Public Benefit Status Main advantage: Public Benefit non-profits (PBOs) are clearly determined and treated with some preferences by tax inspectorate Established a Commission for PBOs certification Minus: neither Government nor donors use PBO status as a feature for decision making on grants (paradox!) Meanwhile, this approach permits to avoid ‘orange revolution’ claims provocation, which looks as important for donors

Experience in regulation of Public Participation in Decision Making In December 2005 Parliament passed a regulation on the Concept of Cooperation of Parliament with Civil Society It provides: -Access of NGOs and general public to legal drafts via website of the Parliament; -Clearly structured procedure of commenting (time frame at least 15 days); -Right of NGOs to delegate experts to the Parliamentary Committees on their profile -It is rejected the principle of cooperation with NGOs on the “elite” principle – non-discrimination, everybody has access

Instruments of Cooperation a) NGO expert councils under Committees (also included to Parliamentary Rules) b) Permanent consultation through Internet c) Periodic meetings and public hearings e) Once a year in December – conference to analyze practice of cooperation

First lessons It is simple to become expert of the Committee by letter with argumentation No rejections Passiveness of NGOs: during 2006 were only 93 comments of 9 NGO from 7000 Measures to involve NGOs in decision making are necessary

Situation on executive level Implementation of public participation is the obligation of Government in accordance with Plan of Actions “Moldova - EU” and “Moldova - NATO” Ministry of Justice is responsible MoJ had the idea to copy Romanian governmental regulation (2005) on establishment under Prime-minister the Collegium of 40 members (NGOs + representatives of ministries) NGOs proposed to follow parliamentary model on governmental and ministerial levels – MoJ accepted this approach Now we are looking on implementation of such procedures on local level by adoption of model regulation for regional and village public authorities

Recommendation for donors When you like to adopt a decision concerning mode of activity in a country/region, discuss it with the local stakeholders: from abroad not everything is looking and working like is looking from inside Example: EU Neighborhood Policy

Thank you! Ilya Trombitsky Eco-TIRAS, Moldova