Efficiency of Legal Framework for Corporate Governance in the Republic of Moldova

Author(s):  
Olesea Plotnic ◽  
Mihaela Tofan ◽  
Elena Ciochina
2020 ◽  
pp. 70-86

In the Republic of Moldova, in the field of public water supply services, corporate governance, from a conceptual and regulatory point of view, began to develop only in the early 2010s. The selected topic is current because corporate governance is at the early stage in this field, but, at the same time, its evolution for 10 years needs to be analyzed. This process must be monitorized to identify the most important successes or deficiencies in order to develop a set of good practices. The purpose of the research is to identify the relationship between degree of development of corporate governance and the profitability of companies in the field as well as shaping the corporate governance model. Research methods used refer to the observation of corporate and economic processes, interview, investigation, comparing, analysis of corporate legislative and regulatory documents in the field, induction, explanation and interpretation of the main indicators of corporate management. The relevant research results are: identifying the fact that there is no clear dependence between the application of corporate management and increasing the profitability of water companies; at the same time, it has been identified that the participation of employees of water companies in the company boards contributes to better profitability. The corporate governance model was configured, with the identification of deficiencies in the process of regionalization of services. Corporate governance, in the analyzed field, must be subjected of the process of continuous improvement in particular by evaluating the activity of the company’s board.


Author(s):  
Vasile Triboi ◽  
◽  
Natalia Nastas ◽  

This paper addresses the problem of the use of prohibited steroids, used by some athletes to increase their performance. The legal framework of the Republic of Moldova and the international normative documents (WADA) were analyzed, defining the role of anti-doping measures, the information and education programs of the young athlete generation. The pedagogical and organizational aspects of the process of combating doping in sports were determined. There were also revealed some anti-doping activities, recommended for application in the system of children physical education and sports, as well as those for the youth from higher education of physical education and sports.


2017 ◽  
Vol 5 (1) ◽  
pp. 142-156

This article discusses, in general, the cultural heritage preservation legal framework, and, especially, the Law of the Republic of Moldova on Archaeological Heritage Preservation approved by the Moldovan Parliament in 2010. Since the beginning of its independence, Moldova has had very poor legislation on cultural heritage, mostly based on the 1993 Law on monument preservation. But, during the last decade the Moldovan legal framework on heritage it is the improving very much. The 2010 Law on archaeological heritage preservation is the first of its kind in Moldova and was established according to the principles of the European and International Conventions signed by the Republic of Moldova. This paper debates the content of the new law, and light some needs for near future improvements.


2021 ◽  
Vol 7 (4) ◽  
pp. 42-51
Author(s):  
S. B. Adauji ◽  
M. D. Brumarel ◽  
L. V. Spinei ◽  
V. N. Safta

Over the last two decades, the Republic of Moldova has gone through a complex and controversial way of its development. Determining its vector of development based on the democratic values of Western culture the legal framework has been practically completely revised and created. The concept of reforming the pharmaceutical sector in the Republic of Moldova included: liberalization of prices and freedom from the planned system of economic management while creating the necessary mechanisms for the functioning of the market economy – creating the banking system, establishing the capital market, introducing the national currency, creating other institutions, as well as the huge process of creating a new legal framework.


Author(s):  
Elena A. Kosovan ◽  

The article considers the process of formation of the institutional and legal framework for the local self-government system in the Republic of Moldova. Chronologically, the study covers the first decade after the collapse of the Soviet Union. The author places the formation of the national local self-government system in the context of the European vector of Moldovan foreign policy, analysing the process (especially the implementation of the so- called “decentralization reform”) from the perspective of Moldova’s interaction with the European Union and the Council of Europe. The theories of formal structure and social imitation provide the conceptual framework for the study. The author briefly describes the Soviet self-government system, the gradual abandonment of which was the essence of the reforms of the 1990s, and touches upon the organization of self-governance according to the Anglo-Sax- on and Continental models and the modern systems of self-governance existing in the European Union, to which the Republic of Moldova aspires to become a member. The article consecutively analyses the stages of work of Moldovan legislators aimed at the formation of local authorities, evaluating its results both in terms of compliance with European norms and principles of local self-government organization and in the context of the national ethno-political, institutional and legal, civil and political specificity. According to the author’s hypothesis, the Republic of Moldova builds a system of local self-government by introducing elements of its institutional environment (European principles of regionalization and deconcentration) into its formal structures, but proceeds not so much from their compliance with specific goals and objectives of the Moldovan state, its political, economic and sociocultural specificities, as from their symbolic weight and ability to legitimize Moldova on the international scene as a state successfully undergoing a democratic transition.


2019 ◽  
Vol 10 (3) ◽  
pp. 890
Author(s):  
Indira Sovetovna SAKTAGANOVA ◽  
Gulmira Sovetovna SAKTAGANOVA ◽  
Sholpan Sherehanovna ORMANOVA ◽  
Elnara Ashimovna ASHIMOVA ◽  
Nurzhan SAULEN

One of the important tasks set by the Head of State in 100 Concrete Steps to Implement Five Institutional Reforms, the Plan of the Nation, is step 81 – Development of Private Medicine, Implementation of Corporate Governancein Medical Organizations. The development of private medicine and the improvement of independence of state healthcare organizations through a gradual transition to the status of state-owned enterprises on the basis of the right of economic management with the introduction of corporate governance set new requirements to senior managers of healthcare organizations, the nature of their tasks and ways to solve them. In order to implement the project of the Ministry of Health of the Republic of Kazakhstan (RK) ‘Development of Management and Corporate Governancein Healthcare Organizations’, the transition of state medical organizations on the basis of economic management has been analyzed. The methodological and advisory support is provided to medical organizations at the regional level. The regulatory framework in the area of management and corporate governance of healthcare is developed and amended. The activities of the supervisory boards of state-owned enterprises (SE) on the basis of the right of economic management (REM) have been analyzed and estimated. The data on the current secretaries of the supervisory boards and independent members of the supervisory board have been collected. The corporate governance in subordinate organizations has been rated. The rating of corporate governance is becoming an indicator of compliance with the best practices, both in state-owned and private organizations around the world. Such estimation makes it possible to analyze not only the mechanisms of work, but also to understand the dynamics of these processes. Using the in-depth approach, this instrument helps determining the potential and considerablyimproving the efficiency of the supervisory boards and the entity, as a whole.


2021 ◽  
pp. 30-47
Author(s):  
Liliana Palihovici ◽  

CSOs are a key component of an open and democratic society as they play a key role in the strengthening of democracy and the rule of law, their dialogue with the public authorities being a precondition for this. By analyzing the development of dialogue between Moldovan CSOs and Central and Local Public authorities (CPA / LPA), I found that PA are not yet fully aware of the value of the dialogue, which is sporadic and guided by certain interests, that do not always coincide with the public interest. The key objective pursued by this research was to review the environment underlying activity and collaboration of the civil society from the standpoint of influence exerted by the internal and external factors that determine the core essence of the social environment, while paving and setting conditions for carrying out activities and collaboration between the civil society and public authorities. The paper aims to prove that more communication and collaboration between public authorities and civil society organizations, will likely result in a more inclusive, qualitative and focused act of governance. The author analyses and presents the existing decision-making systems and its consultation mechanisms with the civil society organizations in the Republic of Moldova, the existing opportunities for CSO’s involvement in the public policy making process and the actual practices. A number of research methods were used in the study, aimed at highlighting the particularities of the dialogue and cooperation between the public authorities (PA) and the CSOs, as part of the act of governance, studying the development over time and the influence of various social, economic and political factors on these processes. Thus, the historical analysis method to research the origin and evolution of the legal framework that regulates the dialogue and cooperation between PA and the CSOs was applied. It included analysis of the relevant laws, regulations and policies, together with existing reports and studies on the subject of research, in the Republic of Moldova. I found that public authorities are not yet fully aware of the value of the dialogue and the political factor is also of great influence, as in recent years there has been an increasing pressure on the civil society. The paper reflects the current situation in Moldova, which can be summarized as follows: a) there are no permanent mechanisms or platforms for cooperation and consultation, open to all. Civil society participation is limited to a small number of CSOs, and there are no incentives for the growth of CSOs. b) LPAs, compared to CPAs, enjoy a much higher level of ,,trust” from the society/community, but they rarely have the resources and skills to conduct a constructive dialogue with CSOs; c) there is a proven reluctance of the LPA/CPA to deepen the dialogue and cooperation with the civil society; d) The culture of participation is very weak as there is no perception that participation is an instrument of change. A number of recommendations in order to address the identified problems are listed.


2021 ◽  
pp. 146-150
Author(s):  
Nicolae Pascaru ◽  

In the sense of the Republic of Moldova's pursuit of the European path, of the democratization process, but also in the sense of the increasingly visible development of capitalist relations, the entrepreneurial activity acquires special importance. More and more businesses are being opened in the Republic of Moldova, but one thing that unites all these businesses is the fact that regardless of the type of activity, entrepreneurs must strictly comply with the legal framework for carrying out entrepreneurial activities, especially if these activities involve obtaining certain permissive documents (authorizations / activity licenses). Since the declaration of the Republic of Moldova as an independent state and up to now, the legislator of the Republic of Moldova has made considerable and important progress in adjusting the legal framework regarding licensing in the entrepreneurial activity, the procedure for issuing, suspending and / or withdrawing the permissive acts in the entrepreneurial activity, etc.


Author(s):  
Anton Popov ◽  

The article analyzes the process of institutionalization of the Olympic Movement in the Republic of Moldova, as well as the formation of the normative base of great achievement sport and its role as an instrument of foreign policy and a factor of soft power of the Moldovan State. In this regard, the author examines the continuity in the development of sports, in accordance with the two historical and political periods of the Moldovan statehood - "Soviet" and "Post-Soviet", through a comparative analysis of specific sports achievements. In this context, the author examines the main reasons for the slowdown in the development of the Olympic movement, including through the prism of content analysis the leaders of this structure, as well as the admission of systemic errors associated with insufficient funding of Moldovan sports, the lack of a legal framework for sponsoring performance sports, and the loss of the system for training highly qualified coaches.


Author(s):  
Violeta Tincu ◽  

The paper’s author analyzes several alternative options for local public services management in the Republic of Moldova, based on current legal framework and existing administrative practice. For this purpose, the need to choose an alternative management option was analyzed; alternative options were listed; and an analysis of each option was performed. The paper’s perceived need emerged from an existing situation, typical for the Moldovan local government, where management can only be one of the two traditional ones - direct or delegated, both generating enough problems (studied by the author in other publications). However, local government is often unaware of the fact that it has other perfectly legal alternative options. A reflection chart is included at the end of the paper in order to help local government select the optimum management option when it comes to the public services delivery.


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