How private interests affect the legislative process?

Dec 15, 2016

The Study on "The process of legislating interests: qui prodest (who takes advantage)?" was launched on December 14. The authors have analysed to what extent private interests could affect the legislative process. The research was conducted within the Project "Strengthening the corruption prevention and analysis functions of the National Anticorruption Center (NAC)", implemented by the UNDP with the financial support of the Ministry of Foreign Affairs of Norway.

The research findings are mainly based on the anticorruption expertise reports made by NAC in the past 10 years, from 2006, since the institution has made expertise. This study represents a first attempt of assessing the cost of damages caused by promoting interests drafts normative and legislative acts.

The authors of the study highlighted that private and corporate interests are promoted to the detriment of the public interest by the draft laws and legislation. They have analysed private interests, grouping them into seven categories:

  1. exemption from fiscal and customs fees;
  2. debt forgiveness;
  3. land use change;
  4. public-private partnerships;
  5. exemptions from trade rules;
  6. creation of the industrial parks;
  7. public authorities budget favoring.

Most frequently interests were promoted in the field of budget and finance and of the labour legislation, social insurance, health and family.

However, private and corporate interests were promoted intensively against public interest in the period 2011 - 2013, although recent years have shown an increase of draft laws and regulations that promote certain interests.

Moreover, the largest share of projects coming from the MPs, who avoided anticorruption expertise, are related to the establishment of derogations and exemptions from fiscal and customs fees for entering goods on the territory of Moldova, mainly cars. The base beneficiaries of these exemptions were central and local public authorities, various NGOs, as well as religious representatives.

Anticorruption expertise is a prevention corruption tool that assesses to what extent the draft legislative and normative acts meet national and international standards. At the same time, through expertise, NAC identifies those norms that favor or may favor corruption and develops recommendations to eliminate or diminish their effects.

Contact information

Olga Crivoliubic, project manager, olga.crivoliubic@undp.org

UNDP Around the world

You are at UNDP Moldova 
Go to UNDP Global