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TABLE OF CONTENTS I. INTRODUCTORY INFORMATION 3 II. ABOUT THE NATIONAL INTEGRITY SYSTEM ASSESSMENT 8 III. EXECUTIVE SUMMARY 10 IV. COUNTRY PROFILE: FOUNDATIONS FOR THE NATIONAL INTEGRITY SYSTEM 17 V. CORRUPTION PROFILE 29 VI. ANTI-CORRUPTION ACTIVITIES 32 VII. NATIONAL INTEGRITY SYSTEM 38 LEGISLATURE 38 GOVERNMENT 55 JUDICIARY 69 PUBLIC SECTOR 88 LAW ENFORCEMENT AGENCIES (POLICE) 103 ELECTORAL MANAGEMENT BODY (CENTRAL ELECTION COMMISSION) 119 OMBUDSMAN (THE INSTITUTION OF PARLIAMENTARY ADVOCATES) 133 SUPREME AUDIT INSTITUTION (COURT OF ACCOUNTS) 147 ANTI-CORRUPTION AGENCIES (NATIONAL ANTI-CORRUPTION 161 CENTRE, NATIONAL INTEGRITY COMMISSION) POLITICAL PARTIES 179 MASS MEDIA 193 CIVIL SOCIETY ORGANISATIONS 207 BUSINESS 221 VIII. CONCLUSIONS AND RECOMMENDATIONS 237 IX. BIBLIOGRAPHY 252 NATIONAL INGEGRITY SYSTEM ASSESSMENT MOLDOVA 2014 1 FOREWORD Similar to natural disasters, wars and pandemics, corruption poses some of the most devastating impacts on human development. Corruption affects the mechanism of free competition – creating barriers for potential investors. It increases the costs of business, enhances risk, diminishes competitiveness, contributes to the creation of monopolies, and dictates prices on the consumption market. Corruption reduces the quality of social, education and healthcare programmes, thus affecting quality of life and increasing inequality. It undermines political responsibility, transparency and inclusion, imposing on society the mercantile interests of narrow groups of people and damaging the democratic process. Corruption tarnishes the image of the state and can isolate it from the interests of the international community. As a whole, corruption is the key repressor of the economic, political, social and democratic development of a state – and it even affects its security. Therefore, combating corruption is imperative for strengthening a state based on the rule of law, so that the state can be democratic and prosperous. Realising the need to reach this objective, a number of institutions in Moldova have taken measures to strengthen the system of preventing and combating corruption. They have had rather modest results. Taking into account the European path undertaken by the current Moldovan government, the chances of more tangible success in this area have considerably increased. It is only with the support and close oversight provided by international institutions, as well as the driving motivation of the more for more1 principle applied to the Eastern Partnership countries, that Moldova has a real chance of reducing corruption and reaching its ambitious goal of joining the European Union. Only by displacing firm political will can Moldova receive strong support from civil society on this difficult path. On behalf of Transparency International Moldova, I have the honour to present the evaluation of the National Integrity System of Moldova – an attempt to tackle holistically the vulnerability of the state to the challenges of corruption and to present proposals for the sustainable strengthening of this system. I would like to express my gratitude for the valuable input of all those who have contributed to this research – the authors of the report, the persons who generously offered their free time to support interviews, the members of the advisory group who debated on the subjects presented, and the Secretariat of Transparency International who supervised the implementation of this project and conducted an external evaluation of the report – especially to Emilija Taseva, Andrew McDevitt and Suzanne Mulcahy. Also, I would like to express my gratitude to the donors without whom this project would not have been possible – the European Commission and the East European Foundation- Moldova. Lilia Caraşciuc Executive Director of Transparency International Moldova Country Coordinator of the Project 1 More support for more achievements. 2 NATIONAL INGEGRITY SYSTEM ASSESSMENT MOLDOVA 2014 I. INTRODUCTORY INFORMATION NATIONAL INTEGRITY SYSTEM ASSESSMENT COUNTRY COORDINATOR Lilia Carasciuc, Executive Director, Transparency International Moldova AUTHORS OF THE STUDY Maria Ciubotaru, Nadine Gogu, Mariana Kalughin, Ianina Spinei, Cristina Țărnă RESEARCH REVIEW Suzanne Mulcahy, Transparency International Secretariat; Andrew McDevitt, Transparency International Secretariat LIST OF INTERVIEWEES Iurie Ciocan, Chairman of the Central Election Commission Corneliu Ciurea, Expert IDIS Viitorul Nichifor Corochi, Former Chairman of the Supreme Council of Magistrates Alexandru Cuznețov, Vice-president of the Lawyers Union of the Republic of Moldova Andrei Brighidin, Director for Development and Evaluation, East-European Foundation Ion Bunduchi, Independent media expert Anatolie Donciu, Chairman of the National Integrity Commission Ion Guzun, Expert of the Centre for Legal Recourses Petru Macovei, Director of the Independent Press Association, Secretary of the Moldovan Press Council Ion Manole, Director of Promo-Lex Pavel Midrigan, Former Member of Central Election Commission Serghei Neicovcen, Executive Director of the Centre “Contact” Ecaterina Paknehad, Member of Court of Accounts Vitalia Pavlicenco, Former MP, Chair of the National Liberal Party NATIONAL INTEGRITY SYSTEM MOLDOVA 2014 3 Ala Popescu, General Secretary of the Parliament of Republic of Moldova Pavel Postică, Lawyer at Promo-LEX Association Oleg Postovanu, Head of Media Policies and Legislation Department, Centre for Independent Journalism Dorin Recean, Minister of Internal Affairs Eugen Roscovan, Chair of the Small Business Association, Vice-Chair of the National Confederation of Patronate of Moldova Olga Vacarciuc, Ombudsman Adviser, Centre for Human Rights of Moldova Vitalie Verebceanu, Chief of General Direction on Preventing Corruption, National Anti-Corruption Centre LIST OF MEMBERS OF THE ADVISORY GROUP Arcadie Barbăroşie, Ph.D., Director of the Institute of Public Policy Vasile Botnaru, Director of the National Bureau of Radio Free Europe Viorel Cibotaru, Ph.D., Director of the European Institute of Political Studies Cornelia Cozonac, Chair of the Centre for Investigative Journalism Alexandru Cuzneţov, Ph.D., Vice-Chair of the Union of Lawyers of Moldova Evghenii Goloşceapov, Programme Coordinator, UNDP - Moldova Aneta Grosu, Chief Editor of the newspaper Ziarul de Gardă Tatiana Lariuşin, Expert, IDIS Viitorul Ion Manole, Director of Promo-Lex Sorin Mereacre, Ph.D. Chair of the East Europe Foundation Eugen Roşcovan, Chair of the Small Business Association, Vice-Chair of the National Confederation of Patronates of Moldova LIST OF ACRONYMS ACA Anti-Corruption Alliance APA Academy of Public Administration under the President of the Republic of Moldova API Association of Independent Press CCA Audio-Visual Council 4 NATIONAL INGEGRITY SYSTEM ASSESSMENT MOLDOVA 2014 CEC Central Election Commission CHRM Centre for Human Rights of Moldova CIJ Centre of Independent Journalism CIS Community of Independent States CoA Court of Accounts CPA Central public administration CPI Corruption Perception Index of Transparency International CPRM Communist Party of Republic of Moldova CS Customs Service CSO Civil Society Organisation DJA Department of Judicial Administration DPM Democratic Party of Moldova EBRD European Bank for Reconstruction and Development EC European Commission EU European Union GCB Global Corruption Barometer of Transparency International GDP Gross Domestic Product GCR Global Competitiveness Report GPI General Police Inspectorate GPO General Prosecutor’s Office GRECO Group of States against Corruption IPP Institute for Public Policies ISS Information and Security Service IREX International Research and Exchanges Board JSRS Justice Sector Reform Strategy LDPM Liberal Democratic Party of Moldova LP Liberal Party LPA Local public administration NATIONAL INTEGRITY SYSTEM MOLDOVA 2014 5 LRP Liberal Reformatory Party MDL Moldovan national currency - leu MIA Ministry of Internal Affairs MLSPF Ministry of Labour, Social Protection and Family MoJ Ministry of Justice MP Member of Parliament NAC National Anti-corruption Centre NAS National Anti-Corruption Strategy NBM National Bank of Moldova NCFM National Commission of Financial Market NCO Non Commercial Organisation NEA National Employment Agency NGO Non-Governmental Organisation NIC National Integrity Commission NIJ National Institute of Justice NLP National Liberal Party NPC National Participation Council OECD Organisation of Economic Cooperation and Development OSS One Stop Shop PID Penitentiary Institutions Department PO Prosecutor’s Office PPA Public Procurement Agency RM Republic of Moldova SCJ Supreme Court of Justice SCM Superior Council of Magistracy SDPM Social Democratic Party of Moldova SIDA Swedish International Development Cooperation Agency SPGS State Protection and Guard Service 6 NATIONAL INGEGRITY SYSTEM ASSESSMENT MOLDOVA 2014 TAU Gagauzia Territorial Administrative Unit Gagauzia TI Moldova Transparency International Moldova TI Secretariat Secretariat of Transparency International UNCAC United Nations Convention against Corruption UNDP United Nations Development Programme UNGC United Nations Global Compact UNICEF United Nations International Children's Emergency Fund WB World Bank NATIONAL INTEGRITY SYSTEM MOLDOVA 2014 7 II. ABOUT THE NATIONAL INTEGRITY SYSTEM ASSESSMENT WHAT IS A NATIONAL INTEGRITY SYSTEM? In recent years, the Republic of Moldova has defined a firm European path – assuming the responsibility to consolidate a transparent, responsible and participatory governance, to adjust