With Regard To The Audit Report On Implementation Of The Tasks And Finances Cătreministerul Activities In The Process Of Monitoring Of State Enterprises And Societățilorcomerciale With All Or A Majority Of The State

Original Language Title: cu privire la Raportul auditului privind realizarea de cătreMinisterul Finanțelor a sarcinilor și activităților în procesul de monitoring financiar al întreprinderilor de stat și societățilorcomerciale cu capital integral sau majoritar de stat

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=363920

with regard to the Audit Report by the Ministry of Finance of the tasks and activities in the process of monitoring of State enterprises and wholly-owned companies or State-owned



Published: 25.03.2016 in Official Gazette No. 69-77 art no: 9 the Court of Auditors, in the presence of Secretary of State of Ministry of finance Ms. v. Ursu, Deputy Director of the Agency Propietății the dna Public. Saif, Deputy Director-general of the National Bureau of statistics Alone, Ms. i. interim Chief of the Directorate of analysis and regulations state assets and the financial sector of the Ministry of Finance Ms. a. Prodan as well as other persons with responsible positions, 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 of 05.12.2008, examined the Audit Report on implementation by the Ministry of Finance of the tasks and activities in the process of monitoring of State enterprises and wholly-owned companies or State-owned.
Examining the audit results and hearing report, and explanations of persons with responsible positions present in public, sitting on the Court of Auditors has noted: the activity Of the State enterprises and companies with all or a majority of State plays a major role in the economy of the Republic of Moldova, having as a goal the strengthening of financial discipline and efficiency of the use of public patrimony.
The findings of the audit, which examined and evaluated by the Ministry of finance achievement of tasks and activities in the process of monitoring of State enterprises and companies with capital in whole or in majority State at all stages, have highlighted certain problems and shortcomings, some of which have been generated by the legislative-normative ambiguities. Thus, • neexhaustivitatea legal framework with regard to the empowerment of the parties involved in presenting fully and within the determined data nedeținerea information relevant and integral economic and financial results achieved by entities with all or a majority of the State;
• a lack of provisions empowering the founders and central public administration authorities who administer the entities majority owned whole or in order to present the assessment, the Ministry of Finance has established performance indicators and evaluation does not allow the appreciation of the aim of strengthening financial discipline and efficiency of the management of public patrimony;
• the character of the normative framework and recommended that lack regulations empowering Government authorities involved have led, in some cases, results from not valuing by interested parties of financial results, which ensures the establishment and undertaking actions to enhance the effectiveness of the management of public patrimony.
The problems encountered, the ambiguities of the legislative-normative framework, as well as some functions improper provided for the Ministry of finance determines the impossibility of achieving this goal of financial and evaluation finalității this process.
Also, the lack of analysis and assessment regulations related entities of State share holders of less than 50% do not provide a picture about the effectiveness of the management of public patrimony by the respective entities, some of which are strategic for national economy.
Based on the above, pursuant to 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 the law on the Court of Auditors No. 261-XVI of 05.12.2008, Court of Auditors DECIDES: 1. to approve the Audit Report on implementation by the Ministry of Finance of the tasks and activities in the process of monitoring of State enterprises and wholly-owned companies or State-owned, which is attached to this decision.
2. this Resolution and the report of the audit shall be submitted to: 2.1. The Ministry of finance, for documentation relating to the audit results, and shall be required to: 2.1.1. to take the necessary measures, in accordance with the powers, on the implementation of recommendations;
2.1.2. to take account of the need for adjustment of the legal framework and in order to remedy the issues set forth in this report;
2.2. The Ministry of economy and Public Property Agency, for information purposes, and is required to adjust the legal framework in order to better align activities with the Ministry of finance, including time limits for submission of information related to the Government's management of public patrimony;
2.3. National Bureau of statistics jointly with the Ministry of finance, for information purposes, and is required to draw up and agree on the format of the information/data necessary for monitoring financial and reasonable deadlines for submitting them;
2.4. The Moldovan Government, for information, and we recommend that, through the Ministry of finance and Ministry of economy, to examine: 2.4.1. the opportunity of drafting related regulations of central public administration authorities, accountability for the determination of measures to rationalise the management of public patrimony, through the establishment and assessment of performance indicators;
2.4.2. empowering the Central Government authorities for the analysis of economic situation and of the related risks for companies with State share up to 50%, followed by a notification to the Agency of Public Property.
3. Permanent Parliamentary Commission for economy, budget and finance, for documentation.
4. About measures taken to execute subpunctelor 2.1., 2.2., 2.3. and 2.4.  of this Decision and concerning the implementation of the audit recommendations will inform the Court of Auditors within a period of 18 months from the date of its publication in the Official Gazette of the Republic of Moldova, informed about the measures taken yearly.
5. this Decision shall be published in the Official Gazette of the Republic of Moldova in accordance with article 34 para. (7) of the law on the Court of Auditors No. 261-XVI of 05.12.2008.