In order to achieve the objective of national economy growth, the Ministry of Economy takes a number of actions to improve the public property administration by improving the framework of administration and transfer of public property into private property.
In 2013, amendments were made to the Law on administration and transfer of public property into private property no. 121-XVI of May 4, 2007 that are aimed at eliminating contradictory interpretations and discrepancies identified during its enforcement. As a result, the duties of the authorities in charge for administering and transferring public property into private property and of central public authorities were defined and specified in terms of transferring the goods that are the state public property, the establishment of usufruct on goods that are public property and property of commercial companies where the state has full or majority share was prohibited, the state share was extended from 25% to 33% in joint-stock companies that are in the process of privatization the shares of which can be used to pay off the state debts to the participants in privatization, etc.
To improve the public property administration, amendments to the Regulation on invalidating the used goods, reported as fixed assets were developed and are being promoted. These amendments are aimed at disciplining and standardizing the procedures and documents related to the invalidation of fixed assets of state enterprises, commercial companies with state share in the share capital and public institutions. In addition, the requirement to coordinate the invalidation of fixed assets whose service life has not expired with the Public Property Agency was included to avoid non-compliance of the list of assessed assets with the list valid during the sale of the company’s property.
In addition, the procedures of record keeping of individuals delegated by central public authorities to represent the state in joint-stock companies with state share and state enterprises, as well as of monitoring their participation in the board meetings, exercising their duties and remuneration were regulated. Moreover, the volume of charity actions and sponsorships that can be distributed by the boards of joint-stock companies with state share and of state enterprises was regulated.
To improve and strengthen the role of central specialized authorities in public property administration, the state shares in SA “Moldcinema”, SA “Energocom”, SA “Gara Nord” and SA “SUDOR” joint-stock companies were transmitted to the Public Property Agency on a free basis and the exercise of the shareholder’s rights and of the rights on state property administration were transmitted to the line ministries on the basis of the cession (transmission) contract in line with the current legislation.
Policies on administration and transfer of public property into private property
The state policy on public property administration is promoted by the Ministry of Economy. The institution in charge for enforcing this policy is the Public Property Agency that is run by the Ministry. The institutions in charge for public property administration follow the Law no. 121 on Administration and Transfer of Public Property into Private Property, Law no. 146 on State Enterprises and Law no. 1134 on Joint-Stock Companies.
According to the legislation, public property is administered under the principles of efficiency, legality and transparency with a view to harmonize the size and structure of public property, as well as the ways of its administration with the functions of the state. The goals and basic principles of public property administration also include:
•attracting investments in the public sector of national economy and ensuring efficient management;
•developing competition in national economy;
•determining the composition and value of assets in the public area of the state and keeping the record of these assets;
•increasing the attractiveness of state enterprises and commercial companies with public capital through corporate administration;
•forecasting, planning, keeping record, monitoring and overseeing public property;
•protecting the legitimate rights and interests of the state in the field of public property
The Public-Private Partnership (PPP) is a contractual agreement between a public agency and a private entity. According to such agreement, the skills and assets of each sector (public and private) are shared in the delivery of a service or facility to the benefit of the public. Beside sharing resources, each party shares the potential risks and benefits in delivering services and/or facilities.
PPP principles in the Republic of Moldova:
•Equality in treating and choosing partners, objectivity and non-discrimination;
•Provision of compensations;
Goals of the Public-Private Partnership:
•Joint accountability in developing the infrastructure;
•Lease of objects of national interest for a maximum period of 50 years;
•Accumulation of sources of capital;
•Attraction of foreign and local investments;
•Creation of fair competition on the market of products and services.
The PPP priorities by sectors:
- develop the energy sector using traditional and alternative sources
- rehabilitate the roads and their maintenance
- public transportation
- industrial pools
- modernization of water pipes and sewerage networks