approving Audit Report "Managing surveillance systems of road traffic"



Published: 12.05.2017 in Official Gazette No. 149-154 art No.: 5 the Court of Auditors, in the presence of Mr. Roman Boțan, the President of the Parliamentary Commission on national security, defence and public order; Mr. Abd El Basit, Minister of Internal Affairs; Mr. Valentin Guznac, Deputy Secretary-General of the Government; Mr. A. Șova, Director of the Information Technology Service; Mr. Abbasi, head of the General Inspectorate Panzari vs. police as well as other persons with managerial responsibility within the authorities and institutions audited, being guided by article 2 para. (1) and article 4 para. (1) (a). a) of the law on the Court of Auditors No. 261-XVI from 05.12.20081, the auditor examined the management systems for the monitoring of traffic ".
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 Law Court of Auditors No. 261-XVI of 05.12.2008 (hereinafter law No 261-XVI of 05.12.2008).

The Mission of the audit has been carried out in accordance with article 28, article 30 and article 31 of law No. 261-XVI of 05.12.2008 and in accordance with the audit activity of the Court of Auditors for the year 20162, aimed at assessing the compliance of management systems for the monitoring of traffic, setting the major issues relating to them, as well as the level of information security assurance system. The audit was conducted in accordance with international standards of Supreme Institutions Audit3 applied by the Court of Auditors, as well as additional textbooks.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2 judgment of the Court of Auditors No. 46 of 14.12.2015 "on the approval of the Program audit of the Court of Auditors for the year 2016".
3 judgment of the Court of Auditors No. 60 of 11.12.2013 "on the application of international standards of Supreme Audit institutions in auditing level 3-ISSAI 100, 200, 300 ISSAI ISSAI, ISSAI 400 missions, within the framework of the audit by the Court of Auditors '; Judgment of the Court of Auditors No. 7 of 10.03.2014 "With regard to the application of the guidelines on auditing (ISSAI 1000-9999) under the public audit".

Audit samples have been accumulated within a subordinate institutions (including: STI of MIA, PGI, INP of the IGP of MORE), SE CTS, 12 local public authority (Anenii Noi, Hâncești, Orhei, Criuleni, Ungheni, Ocnița, Drochia, Cimișlia, Cantemir, Leova and Strășeni, Soroca), City Hall. Bălţi. Also have been acquired and requested information from the Ministry of Finance (State Treasury), the customs service, the State tax service.
After hearing a report presented in public meeting, as well as explanations of persons with responsibility functions present in open court, the Court of Auditors has noted: the layout of the external audit surveillance of road traffic resulting from the necessity of conformity assessment procedures applicable to automated operation systems related supervision and realisation in this sense has a measurable impact.
Audits conducted within the public authorities/entities noted that the implementation of automated surveillance of road traffic "traffic control" (hereinafter referred to as "SASCR" or traffic control System) with a string of irregularities and deviations from the requirements of the regulatory framework. Moreover, the system itself has not been linked to the principle of cost-efficiency, and faulty operational management at all levels has boosted corruption and inechității to all participants.
At the same time, the lack of a clear vision on how to implement the SASCR "traffic control", in conjunction with generalized neelaborarea a project relating to the works being performed, and the admission of non-compliance to keep track of the work executed from external sources have generated additional costs doubling project.
Also, the audit determined that the procedure applied to the contravențională breaches of road traffic by means of fixed and mobile surveillance is not well defined and formalized, regulated by a regulatory action that would meet all the necessary requirements. Accordingly, the procedural acts drawn up by further breaches were established by means of supervision of traffic do not correspond in form and content requirements set out in the code contravențional4.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4 art. 440, 442 and 443 art. amendments to the Code of the Republic of Moldova No. 218-XVI dated 24.10.2008.

     In the same vein, it reveals that in some cases the agents have not provided assessment against contravenienților who violate road traffic through what were ignored the principle of inevitabilității of liability and the contravention of equality of persons before the law, which reduced the budgetary revenues and affect the credibility of the institutions involved.
With the departure from the legal provisions and normative, the responsible authorities (MORE and MORE of the TSI) have not ensured implementation within SASCR "traffic control" minimum measures risk control of integrity and confidentiality of information, shall determine: (a) unauthorized access to data and information to be managed through the system; (b) nedetectarea shares of amending the information in the system made by users; (c) the possibility of disclosure of confidential data.
At the same time, the lack of and/or imperfecțiunea procedures for coordination and interaction has facilitated the unauthorized intervention in SASCR "traffic control" in favour of the person concerned, which caused further damage to the budget.
Concluding from the exposed, in accordance with article 7 para. (1) (a)), article 15(1) thereof. (2) and paragraphs 1 and 2. (4) article 16 c) and art. 34, para. (3) of law No. 261-XVI of 05.12.2008, Court of Auditors decides: 1. to approve the Audit Report "Managing surveillance systems of road traffic", annexed to this decision.
2. This decision and the report of the audit shall be submitted to: 2.1. Ministry of Internal Affairs, information technologies Service of the Interior Ministry, the General Inspectorate of the national police, patrol and Inspectorate is required: 2.1.1. undertaking the necessary measures in accordance with the powers, in order to eradicate irregularities elucidated and recommendations set forth in the execution of the audit report;

2.1.2. the proper fulfilment of the claim by the employee of the legal duties in order to allow for amendments to the process, particularly as regards the identification of the offender's account, collection of fines and penalty points;
2.1.3. compliance procedures shall on the basis of the information obtained are started via SASCR "traffic control" of the amendments to the Code;
2.2. The Ministry of finance and is required to: 2.2.1. undertaking the necessary measures in order to remedy shortcomings identified and the execution of the recommendations set out in the audit report;
2.2.2. the adjustment of the legal framework-related normative budgetary revenues derived from fines established administrative/implemented by subordinate entities may, for the purposes of determining the explicit delimitation, respectively, of the national public budget collections relating to payments in shares;
2.3. Public Authorities and are required: Locale5 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5 of Anenii Noi rayons, Hâncești, Orhei, Criuleni, Ungheni, Ocnița, Drochia, Cimișlia, Cantemir, Leova, Strășeni, Soroca and Chisinau. Bălţi.

2.3.1. the establishment of the measures necessary in order to redress the situation in practice qualified and transposition of the recommendations set out in the audit report;
2.3.2. submission of actions in court concerning revocation of purchase of service contracts to monitor road traffic concluded with economic operators;
2.3.3. forwarding to the Government procurement Agency, within 30 days from the date of approval of the present Judgment, the request for the inclusion of economic operators LLC "Midland", "Engeneering Inforad", LLC "Avtouragan", LLC "Odessa" in the list of prohibitions in accordance with section 11 of the regulation on the method of drawing up the list of prohibitions for the economic operators, approved by Government decision No. 1418 from 28.12.2016;
2.4. the Moldovan Government, for documentation and arrangement of public administration authorities of the legal-normative for the purposes of: 2.4.1. withdrawal of the right to subregistratură under SASCR "traffic control" from local public Authorities, concluding the strike because of the lack of capacity of the APL has possession of this right obligations and duties in the absence of relevant logging Code amendments;
2.4.2. the development and implementation of systems for monitoring road traffic at national level only by the competent central authority (MORE) in charge with monitoring and disciplining of a photographic plastic counterpart in the field of road traffic;
2.4.3. authorization of a competent public entities entrusted with the monitoring and verification of the correctness and legality of the management of databases and information systems of the State, so as to guarantee the security of the State and information;
2.4.4. the (re-) approval of public entities concerned with nomenclature and levying administrative fines;
2.4.5. the settlement of cases of liability disclaimer contravențională respect of breaches committed in road traffic by employees of operative investigation bodies and the authority responsible for verifying the legality of the use of any special numbers to these bodies and the identification of persons using them illegally;
2.5. The Prosecutor-General and the National Center for information on September 19, and the authority;
2.6. Security and Intelligence Service, for information and examination in accordance with proficiency;
2.7. The National Centre for information integrity and proficiency examination pursuant to the conflict of interest identified in the contracting of economic operator "Rossoft" by the former head of information technologies of the Ministry of Internal Affairs;
2.8. The National Centre for the protection of Personal data, for information and examination in accordance with proficiency;
2.9. Competition Council for information and review according to the competence, under aspect of unfair competition have been admitted under the procedures of procurement services to monitor traffic carried out by local public authorities;
2.10. Parliamentary committees: budget and finance, the economy and national security, defence and public order, for information and it is recommended the initiation of hearings of the relevant ministries and other Central and local public authorities regarding the situation in the field of surveillance of road traffic;
2.11. Financial information for Inspection and verification operations are required and the related implementation transactions SASCR "traffic control" economic operators ", Ltd" ' Rossoft DC Websoft, LLC SC "Aproservice"-X "; LLC "Euro", "Consult the Enterprise Group, LLC" Construct "by Fortitudo" and "Software Manager".
3. About measures taken to execute subpunctelor 2.1-2.3 of this Judgment, it shall inform the Court of Auditors within a period of 6 months from the date of its publication in the Official Gazette of the Republic of Moldova, with the exception of the requirements and recommendations from Hotărâre6 and from the audit report pertaining to amendments to the legal-normative framework to which execution/implementation is fixed term for 12 months, with quarterly informing about the measures taken.
4. This decision shall be published in the Official Gazette of the Republic of Moldova in accordance with article 34 para. (7) of the law No. 261-XVI of 05.12.2008.