International Law

Flying the Moldovan Flag: Registration of ships and yachts in Moldova

Posted on September 15, 2011
For a long period of time ships flying the Moldovan flag were seen as something exceptional. The country was landlocked, and the task of developing the area of maritime law was not a priority. However, certain agreements reached with Ukraine, under which Moldova has got the access to the portion of the Danube river allowing to start building the Giurgiulesti sea port, have changed the situation...

The new Law on the status of foreigners in the Republic of Moldova

Posted on November 04, 2010
The law determines the order of entry and stay of foreigners in the territory of the Republic of Moldova, general conditions for issuing residence permits and visas for the entry to Moldova. This Law shall become effective from 24 December 2010Here we are going to pay attention just to some aspects of the new law...

New conditions for obtaining construction documentation

Posted on November 03, 2010
On 3 September 2010 the new Law no. 163 of 09 July 2010 on permitting construction works came into force. The new law stipulates the procedure for permitting, coordinating and verifying design works, construction or demolition of buildings and elements of amenities in accordance with the documentation on urban planning and area development...

Modifications into the Labour Code of the Republic of Moldova

Posted on October 25, 2010
A number of modifications were introduced into the Labour Code aiming to eliminate discrimination in the workplace by various criteria.Besides, there was extended the confidentiality period, that is employees' and employers' obligation not to disclose the information acquired while the individual employment contract between them was effective from three months up to one year...

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Access of law enforcement bodies to commercial and banking secret limited

Posted on October 25, 2010
Certain modifications have been introduced into a number of normative acts, in particular, the Law on Financial Institutions, the Law on Police, the Law on the Centre for Combating Economic Crimes and Corruption, the Law on the Prosecutor's Office with respect to the access by the law enforcement bodies to commercial and banking secret...

Joint-Stock Companies - a basic outline

Posted on September 22, 2010
Recently I wrote about registering a limited liability company in Moldova. It was said then that LLC is the most common form of companies in Moldova. Today?s post is dedicated to another form of companies that are less spread, however, very important - joint-stock companies (JSC)...

Cash payments allowed to companies increased

Posted on July 10, 2010
In the end of June a new law ammending the Law on Entrepreneurial Activity and Enterprises entered into force. It modified the provision of article 10 of the aforementioned Law setting the limits for cash payments (as opposed to bank transfers) allowed to companies...

Short introduction into the competition regulation in Moldova

Posted on June 22, 2010
It is not an overstatement to say that a complex competition regulation is usually a feature of a country with the developed market economy. So, it is not a surprise that the rules on competition and anti-monopoly regulations in Moldova are still at their initial stage of elaboration...

How does the 0 % income tax rate in Moldova work?

Posted on May 14, 2010
One of the topics that is very often discussed is the rate of the income tax for companies in Moldova. However, its applicability is often misunderstood. This is why I decided to dedicate today's post to the way the 0 % rate is applied.The rate of 0 % is applied to incomes of companies that are Moldovan residents, individual entrepreneurs and farming entities (hereinafter - economic agents)...

Basic notions of repatriation in foreign transaction

Posted on April 18, 2010
xAn important issue that Moldovan companies (or their foreign partners) should take into consideration when carrying out international transactions is the existence of a number of rather strict rules on the repatriation of export proceeds, goods and services received as a result of foreign transactions...

Types of activities requiring licencing in Moldova

Posted on April 16, 2010
Under the general rules of commercial activities existing in Moldova any company may carry out any type of activity even if it is not stated in its bylaws, unless a particular type of activity requires licencing according to the law. The Law on Regulating Entrepreneurial Activity Through Licencing (no...

Migration Rules for Business Owners

Posted on January 24, 2010
One the first major things that many foreigners have to work out when starting a business in Moldova is getting the right to come and stay in Moldova. The issues of getting a residence permit and to stay legally in the territory of Moldova become a problem for many...

Registering a company in Moldova

Posted on January 09, 2010
As I regularly receive inquiries on how to register a company in Moldova, I decided to make a separate post on that issue describing some major procedures.Choosing the legal form of your company Fist of all, before starting your business you should choose the form of your future company...

Blog Relaunch

Posted on January 05, 2010
It's now more than two years passed since this blog had been last updated. There were many different reasons for that. However, I've decided to re-start it, though with certain changes. I want to change the topics that this blog will focus on. From now on there will be very few general discussions on legal system of Moldova and the blog will mostly concentrate on Moldovan business law issues...

Newsletter. Issue 1.

Posted on December 25, 2007
On the web-site of our law office from now on you will be able to read a newsletter that will be issued monthly (I hope it will). It is likely to appear on the site in a day or two, but you can download it right now.The topics that have been touched in the first issue:- The Agency for the Protection of Competition: What Can Be Expected from the Newly Created State Authority?- The New Regulation of Limited Liability Companies Activity: What Should Existing Companies Take into Consideration? ? Part 1...

The Website of the Law Office of Alexei Ghertescu

Posted on November 29, 2007
I can finally announce the launch of the website of the Law Office of Alexei Ghertescu.Here is the link:http://www.alg.md/Here you will find a lot of information about our activity and the services provided.There is still a lot of work to do and ideas to realize...

Fruitless Efforts

Posted on November 27, 2007
At the beginning of November the Parliament adopted in the 1st reading the draft law on modifications to be introduced into the Code of Civil Procedure. According to the draft art. 206-(4) of the Code has been proposed to be excluded from the Code. -This paragraph of art...

Agency for Protection of Competition Demonstrates Its Activity - follow-up

Posted on October 31, 2007
Just a follow-up to my previous post.Viorica Carare, the General Director of the Agency, told to journalists that within half a year during which the Agency exists it received 60 claims and there have been decisions taken on 31 of them.What regards the most famous of them (Bomba supermarket and Sun Communications) she said that she had nothing to add to the information that had been previously communicated...

Agency for Protection of Competition Demonstrates Its Activity

Posted on October 25, 2007
Introduction.As my permanent readers know I periodically recur to the issues related to development of competition law in Moldova and activity of the newly created National Agency for Protection of Competition. A lot of different opinions have been expressed since February this year when the Agency's Board members were approved...

When an Opinion Matters...

Posted on September 04, 2007
... After that officials often decide to resign. Whether he should have done it or not, the reaction was not the one that should have followed...Recently a big scandal in Moldovan judiciary and media erupted because of a dissent opinion of one of the European Court of Human Rights's judges...

Supporting Foreign Investors - Maintaining Inequality?!.

Posted on August 01, 2007
Support of foreign investors is a very good and useful thing. But can the measures of such support create an inequality and a favourable regime for certain investors without providing them to others? And are such measures legitimate?As you remember in my last post I told about the ECHR's judgment against Moldova basing on the Law on Foreign Investments that had already been abrogated at the moment of its pronouncement...

Foreign Investments in Moldova under Protection of ECHR

Posted on July 20, 2007
Last week the European Court of Human Rights pronounced its judgment on one of the biggest cases against Moldova. The Moldovan Government was obliged to pay to "Bimer" SA company EUR 520,000 (five hundred and twenty thousand euros) in respect of pecuniary damage...

Interference in Justice and Corruption among the Main Problems - ABA/CEELI Moldova

Posted on July 08, 2007
A couple of weeks ago the ABA/CEELI representative office in Moldova presented its report on indices of justice reform in Moldova within the framework of the Rule of Law Initiative (read more here-in Russian or here-in English).It states that one of the mostly widespread opinions about Moldovan justice is that many judges are corrupt, though very few strong evidences support that opinion...

Can Microsoft Be the First Case for the Newly Created Competition Authority

Posted on June 27, 2007
Epigraph.Friday's Logos Press Economic Review comes up with an article called "From whom to protect competition?" The article's author, Irina Covalenco, provided a review of opinions expressed during the round table organized on June 19 by the Economic Council attached to the Prime Minister jointly with the National Agency on Protection of Competition (hereinafter- the Agency)...

The Law Office of Alexei Ghertescu

Posted on June 11, 2007
Dear readers of my blog,The reason the new posts hadn't appear here for almoast two months was taking all necessary steps for launching my solo practice. As far as these actions have been successfully completed I can now make an official statement in this regard:The Law Office of Alexei Ghertescu has started its activity...

Finding "Protection" from Your Employees - Part 2.

Posted on June 07, 2007
I?m really sorry for such a long standstill in my blog. The reason of it you?ll know in the next post?In my last post I promised to continue and come up with ideas on how to resolve some employment-related problems. Alexander Culiuc and Alex Railean in their comments guessed precisely the topics that I was going to talk about further...

Finding ?Protection? from Your Employees

Posted on April 09, 2007
About 2 weeks ago or so I got an interesting e-mail from one of the readers of my blog who asked me about measures that could be taken by employers under the Moldovan legislation to protect themselves from ?employees walking away from positions (normally of in-depth knowledge of confidential business information but also as straightforward as taking part of the customer-base with him out of the door) and taking up either employment with competing businesses or setting up a competing business?...

The Supreme Court of Justice Overpaid to Its Staff?!.

Posted on March 22, 2007
In November 2006 the Chamber of Accounts adopted the Report on financial revision carried out at the Supreme Court of Justice (SCJ) for the period of 2004-2005 (published in Monitorul Oficial on January 12, 2007; read the full text in Russian and Romanian)...

Attorneys Arrested on Suspicion of Misuse of Influence

Posted on March 22, 2007
According to the Center for Combating Economic Crimes and Corruption two attorneys were arrested in Chisinau for alleged misuse of influence - reports the "Novosti-Moldova" news agency. The attorneys undertook to defend two residents of Ialoveni accused of human trafficking...

The System of Apostille Issuance Introduced in Moldova

Posted on March 16, 2007
From Today, March 16, the Ministry of Justice finally starts to issue apostilles (you can read more news on this in Romanian and also to appoint the date for submitting documents to be affixed with apostille on the Ministry's official site). Last year the Moldovan Parliament adopted the Law on Joining the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (adopted in Hague)...

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