information and on petitions, as well as the punishment provided in Article 181, Criminal Code) are
largely ignored or disregarded.
The problem of access to information was examined in 2019 by the representatives of the
Public Association "Lawyers for Human Rights", which, within the Project "Promoting the right to
information for the Moldovan public", with the financial support of the United Nations Democracy
Fund (UNDEF), they litigated 40 strategic cases to improve the situation regarding access to
information of public interest.97. It was established that the authorities are only partially open to
provide the requested information of public interest, most entities did not comply with the legal
deadline for submitting the information or provided the information only after against them there
was filled an action in the court.98 Within the project, another experiment was carried out to
measure the level of receptivity of central and local public authorities to requests for information of
public interest. More than 100 telephone calls99 were made for this purpose, but only in 34 cases the
answers were complex.
A positive impact for the change of approaches to the issue addressed could have the decision
of the Constitutional Court no. 29 of 12.12.2019 on the exception of unconstitutionality of
Article 16, para. (9), of Law no. 180 of July 26, 2018, on voluntary declaration and fiscal
stimulation (access to the information regarding the voluntary declaration of the goods,
notification no. 106g / 2019). In this case examined by the Court, the State Fiscal Service refused to
provide information of public interest to the Public Association “Lawyers for Human Rights”,
invoking the provisions of Article 16 para. (9) of the Law on voluntary declaration and fiscal
stimulation.
The Constitutional Court found that the rule contained in Article 16 para. (9) of the Law on
voluntary declaration and fiscal stimulation establishes excessive restrictions on the information
in the possession of the State Fiscal Service
100
. The Court mentioned the unconstitutionality
of Article 16 para. (9) of the Law on voluntary declaration and fiscal stimulation because it
establishes a hierarchy between the two rights that is not allowed by the Constitution (in an
97
https://www.lhr.md/ro/2020/02/rezultatele-proiectului-promovarea-dreptului-la-informare-pentru-publicul-dinmoldova-autoritatile-au-devenit-mai-responsabile-atunci-cand-trebuie-sa-ofere-informatii-de-interespublic/?fbclid=IwAR2WYvRN1bqkcNB8oNH8v9WYtEkQ3WULvwunXsFGFfrj0HVri3c7A-Q90Zo
98
https://www.facebook.com/juristiidrepturileomului/videos/1543574905808043/ (Ina Sotchi, BAA lawyer “Tanase si
Partenerii” about the strategic litigation on access to information of public interest)
99
https://www.lhr.md/ro/2020/02/studiu-institutiile-publice-mai-schiopateaza-atunci-cand-trebuie-sa-ofere-informatiide-interes-public/
100
https://www.legis.md/cautare/getResults?doc_id=119876&lang=ru&lang=ro
57
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