NAC investigated unauthorized construction sites from Moldova. Competent bodies were urged to take actions
foto: PUBLIKA.MD
National Anticorruption Center has performed an investigation regarding unauthorized construction sites from Moldova. Therefore, vulnerable aspects in the field were established, such as legal loopholes and corruption risks.
Therefore, studying 250 court decisions from Chisinau, Bălți and Cahul, taken between 2015-2017, regarding unauthorized constructions, was established that courts instructed the sites to be demolished in 61 cases (24%), while in another 62 cases (25%) the economic agent was fined, but the sites were not touched, while in 127 cases (51%) the process was stopped due to various reasons. At the same time, it was established that from the 61 decisions were the construction sites had to be demolished, 28 remained into force to present. From the 127 decisions for the construction to be stopped, only 52 were appealed, while from the 62 cases where fines were applied, only 7 were appealed. Finally, there were no cases when the court's decision to demolish the construction sites was changed.
From the total decisions terminated in the first instance (127), in 72 cases (57%), the argument became the intervention of the prescription term, in 25 cases (20%) - violation of the procedure, in 19 cases (15%) the arguments were based on the intervention of the prescription period, in 25 cases (20%) - agents failed to appear in court and in 11 cases (8%) - failure to submit sufficient evidence in court to justify the existence of the offense.
It was also established that to this point, line No. 5 of article 439 of the Conventional Code, on elaborating a method to demolish unauthorized constructions and deforestation was never realized, which is also a hindrance in combating illegal constructions.
Here, National Anticorruption Center requested Ministry of Justice to change the legislation on regulating the field. Supreme Court of Justice was urged to elaborate a list of recommendations for courts regarding fitting punishments, while State Chancellery to interferon with recommendations in consolidating the capabilities of agents from local public administration aiming to eliminate all breaches in the launching procedure and examine all breaches in the filed of illegal constructions.