The Conception of the Supreme Security Council of the Republic of Moldova

8/13/2019 The Conception of the Supreme Security Council of the Republic of Moldova

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SUPREME SECURITY COUNCIL REFORM CONCEPT

(Draft)

I. GENERAL

1. Since its independence, the Republic of Moldova has put before itself anumber of objectives essential to its existence as a state, including an efficient

securit sstem to ensure the safet of its citi!ens and respect for fundamental rights.

". #eading to$ards %uropean integration, Moldova has proposed itself to fulfill

the criteria for accession to the %&, including those related to the operation of

effective state institutions guaranteeing democrac, the rule of la$ and human rights

and the implementation of %uropean la$s and practices reflected in the ac'uis

communautaire.

. lthough the securit sector remains on the level intergovernmental

cooperation in %urope, the Securit Strateg of the %uropean &nion is a model of

guidance for legislation of the Republic of Moldova.*. +iven the %uropean polic documents and those adopted at national level,

including the ational Securit Strateg and the -rogramme of the +overnment of the

Republic of Moldova %uropean /ntegration0 reedom, Democrac, 2elfare "3114

"31*, this concept $as developed.

II.SITUATION AND DESCRIPTION OF PROBLEM DEFINITION5. 6he 7onception of the Supreme Securit 7ouncil (SS7) reform is a complex

of objectives, directions, tas8s and mechanisms that $ill contribute to improving the

current sstem formed to coordinate activities of national securit in the regional and

global geopolitical context.

9. 6he Republic of Moldova has embar8ed on the securit sector reform issue

$ith the objective to ensure the securit and stabilit of the individual, societ and the

state. 6he reform of the sector reform is a complex process, affecting the entire

national securit sstem, including state and non4state institutions.

:. ;ased on the advanced standards and practices implemented in %& countries,

SSR provides0

a) /ncreased efficienc of the securit sector,

b) 6he capacit to anal!e and react to changing securit environment sector at

national and internationalc) %ffective prevention of conflicts, crisis, emergenc

d) %nsuring civilian oversight of the securit sector,

e) /mprove strategic planning capabilities, etc.


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=. 7urrentl, the state components that are responsible for the securit sector

polic and strategic coordination are the -arliament, the -resident of the Republic of

Moldova and the +overnment. 6he -arliament exercises legislative regulation in

ensuring state securit creating the legal basis for the activit of speciali!ed bodies

and ratifies international treaties on state securit. 6he -resident of the Republic of

Moldova, the head of state and guarantor of sovereignt, reali!es the generalleadership of the activit aimed to ensure state securit and public enforcement

cooperation coordinates. 6he +overnment ensures the enforcement of la$s and

decrees of the -arliament and the -resident of the Republic of Moldova in the field of

public authorities and ta8es necessar decisions in this field.

13. /nstitutionall, the -resident of the Republic of Moldova is the authorit

vested $ith po$ers to promote national securit polic and coordination activit of

the state securit organs. #o$ever, to effectivel manage the sstem, and to

coherentl formulate in the area of national securit, it is necessar that all

contributions and activities of national securit institutions to be coordinated,

sstemati!ed, anal!ed, and their implementation is monitored properl b the-resident>s administration. /n order to ensure the necessar capacities to reali!e these

attributions, the -resident can create advisor bodies.

11. 6hus, immediatel after the proclamation of the independence of the

Republic of Moldova, 6he -resident has issued the Decree no 19" of 3:?"3?1==1, to

coordinate the actions aimed at ensuring the securit, independence and territorial

integrit of the state, creating the Supreme Securit 7ouncil.

@ater, in the frame of creating the national legal sstem on the state securit

domain, the @a$ no 91< of 13?1?1==5 establishes the competences of the SS7 as the

consultative bod that anal!es the activit of the ministries and of other centraladministration authorities of the national securit sector and ma8es recommendations

to the -resident of the Republic of Moldova in issues of internal and external polic

of the state. ccording to the @a$ no. "1" of 39?"*?"33*, in the declaration of the

under siege state, under the Decree of the -resident of the Republic of Moldova, in

order to plan, organi!e and coordinate the activities of defense, the Supreme Securit

7ouncil of Securit transforms in the Supreme Defense 7ouncil. 6he decisions of the

Supreme Defense 7ouncil are executor.

6he activit of the Supreme Securit 7ouncil is regulated b the Regulation

approved b the Decree of the -resident of the Republic of Moldova no. 1 of

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Moldova and that none of the major problems of the sector have been solved in the

period of its activit.

1*. 6he Reform shall ta8e a complex of political, legal and organi!ational

measures oriented to a 'ualitative reorgani!ation of the activit of the 7ouncil and of

its Service, to meet the actual conditions and geopolitical as $ell as social4political

perspectives.15. 6he evolution of international securit in the conditions of globali!ation,

terrorist threats and the gro$ing role of the informational technologies prove that the

national securit becomes an even more complex issue and does not limit itself to the

state militar defense and counter espionage activit, but becomes a priorit for a

sustained development of the state.

/n this context, there is an urgent need of coordination of efforts to ensure the

national securit, especiall due to the complexit of this issue and to the multitude of

ris8s and threats that concern the Republic of Moldova. 6hus, the role of the SS7

needs to be revised according to the democratic standards, through the reform of its

structure, composition and functions to meet benchmar8ing practices of the %uropean&nion. 6hat $ould permit to ma8e more effective the functioning of the securit

sstem of the Republic of Moldova.

19. #ence, the SS7 reform is conditioned b the follo$ing factors0

a) 6he imperfection of the legal frame$or8 of the activit of the SS7, the

legislative regulation being too general. 6here is a need of a @a$ that $ould regulate

the role, the structure and the functions of the 7ouncilA

b) 6he necessit to correlate the role of the SS7 $ith the provisions of the

ational Securit Strateg (SS), recentl adopted, that provides a consolidation of

the role of the SS7 and grating it deliberative functions, the coordination and creationof policies in the field of securit and defense, $hich are not integrated in the legal

provisions regarding the SS7A

c) 6he evolution of the sstem of international securit, the ne$ threats to the

securit of the person, the societ and the state that emergeA

d) 6he necessit of ne$ approaches in the problems of territorial integrit, the

identification of the solutions in fighting crime, possible ethnic relations tensions and

of the polari!ation of the societ in general, energetic, ecological, informational and

trans4border securitA

e) 6he international commitments in the domain of securit and the role that the

SS7 should have in their context (especiall, in the frame$or8 of the %& B Republicof Moldova /ndividual ction -lan and the /ndividual -artnership ction -lan

Republic of Moldova 4 6C).

III. THE INSTRUMENTS AND THE MEANS OF REFORMING SSC

19. 6he experience of promoting similar reforms sho$s that the tend to

succeed onl if the are directed to the entire sstem of national securit and if the

$ould be continuous and coherent, dra$ing the full support of the political leadership


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of the stateA this process $as initiated through the adoption of the ational Securit

Strateg.

6he reform couldn>t ta8e place through singular and non4essential actions,

pertaining the changing of the naming or of the number of staff of certain structures,

nor through the adoption of some isolated and non B conceptual changes of legislation

pertaining SS7>s activit.1:. full reorgani!ation of the sstem of coordination and creation of securit

and defense policies is necessar to achieve the results that are put for$ard b the

reform, follo$ing these objectives0

a) 6he elaboration, promotion, adoption and implementation of the @a$ on the

Supreme Securit 7ouncil, under the provisions of the SS.

b) 6he modification to the legal frame$or8 of the activit of state securit

authorities and of other related bodies in the context of the reform of the 7ouncil.

c) 6he elaboration of a Regulation for the Service of the SS7 to ma8e it more

efficient.

d) 6he identification of possible sources to finance the reform of the SS7,especiall to enlarge the personnel and to moderni!e the technical means for its

functioning.

e) %nsuring the transparenc of the activit of reform of the SS7.

IV. EVALUATION OF THE IMPACT OF THE SSC REFORM

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h) 6he development of information and communication capacities, as $ell as

active implication in the process of the elaboration of securit policies of the

civil societ and the civil component of the securit sector.

V. THE LIST OF THE LEGISLATIVE AND NORMATIVE ACTS THAT

HAVE TO BE ELABORATED, ABROGATED OR MODIFIED IN THE

CONTEXT OF THE IMPLEMENTATION OF THE REFORM

1=. 6o implement $ith success the present 7oncept, the follo$ing acts shall be

elaborated and presented to be approved b the competent institutions0

1. 6he project of the @a$ on the Supreme Securit 7ouncilA

". 6he @a$ on the state securit r.91= of 1.13.1==5A

. 6he @a$ on the state securit institutions r. *5 of 1.13.1==5A

*. 6he @a$ on the national defense r. *5 of "5.3:."33A

5. 6he @a$ on the emergenc, siege and $ar regimes r. "1" of "*.39."33*A

9. 6he Decree of the -resident of the Republic of Moldova on the Regulations

of the Supreme Securit 7ouncil r.1 of 3

The Conception of the Supreme Security Council of the Republic of Moldova

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