MINELRES: The Mihaes Plan for the Settlement of the Transnistrian Conflict through Regionalization

[MINELRES moderator]

Original sender: Aurealian Rus <rus@polisci.rutgers.edu>


http://www.yam.ro/forum/read.php?f=3&i=34909&t=34465

The Project of the Plan for regulating the Transnistrian conflict and
modernizing the Republic of Moldova, proposed by The Popular Rising �An
European United Moldova � to the governments of Rep.of Moldova,
Transnistria, U.N., U.S.A., Russia, Ukraine and to the public opinion . 

1) Basic Juridical and Political Principles 

A) The Rep.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
Rep.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 Rep.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 management�s activity to reduce the birocracy
and the maintenance costs of the central state bodies, The United
Moldova will refuse presidential institution. 

E) Russia will fulfill it�s 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 Rep.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 Parliament�s mandate in February 2005, thus the Parliamentary
elections according the new Constitution take place in that period of
time.

F) In order to implementate 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 state�s 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 Rep.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 state�s 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 regions�
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 it�s 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 Rep.of Moldova will be ratified ordinary law.

11) The international treaties referring to the competence of separate
administration of Rep.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 Rep.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 state�s 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 Region�s administration

1) The regulation of the external economical activity concerning the
objects of Region�s 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 Region�s 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 bodies�
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 reval laws of regions and of Rep. 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 majorities� 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 Min.Of Defense and Min. of Inside
Affairs of Rep. of Moldova reintegrated. 
2) Is instituted the International Committee of Guarantee (I.C.G.),
formed from 7 guarantees � 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

Roman Mih�ie�,
Coordinator of the Popular Rising �An European United Moldova� 
Phone: 238316; mobile phone: -069124477 e-m