Non-penalizing of abuses in justice is cause of failure of transport reform, Association

The non-penalizing of abuses in the justice sector is the cause of failure of the transport reform, said representatives of the Employers Association of Road Transport Operators. According to them, even if Moldova has a law on state control over entrepreneurial activity, its provisions do not apply to carriers. They reached such a conclusion after complaining in court about the abuses committed by the State Tax Service. The first two courts ruled in their favor, while the Supreme Court of Justice ruled in favor of the State Tax Service.

In a news conference hosted by IPN, the head of the Association’s Board Oleg Alexa said that the State Tax Service acts by political order to take revenge on the carriers, as all the previous governments did, without exception. They all used the State Tax Service as a political weapon.

Based on national and European case law, the carriers in time complained in court about the abuses committed by the State Tax Service. According to Oleg Alexa, these disputes were long-lasting. In the first court, the carriers won the case and the sentence was upheld by the appeals court. But the Supreme Court of Justice, on May 14, 2021, without arguing its decision, quashed the sentences of the first courts. “The SCJ passed its judgment, ruling in favor of the State Tax Service and legalizing all the abuses of this. In its argued decision, the SCJ interpreted Law No. 131 in such a way that this law actually does not exist,” stated Oleg Alexa.

“Law No. 131 for you does not exist and those European principals for you, the carriers, do not exist”. This is what judge Chișcă-Doneva, the rapporteur on this case, said. This judge legalized the anarchy at the State Tax Service and actually denied the existence of European principles that we try to put into practice. She even denied the existence of legal provisions and decisions adopted by the Constitutional Court. In our complaint, we described 22 actions by the panel of judges we consider acts of injustice. All these actions are based on violations committed by this panel of judges in the process of interpretation the law, determining the facts and assessing the evidence,” noted head of the Association’s Board.

The conference forms part of the series of conferences held as part of IPN News Agency’s project “Support for the Justice Reform through multimedia coverage of cases of alleged injustice”. The Agency does not bear responsibility for the public statements made in the public sphere by the organizers of news conferences. IPN News Agency gives the right of reply to persons who consider they were touched by the news items produced based on statements of the organizers of the given news conference, including by facilitating the organization of another news conference in similar conditions.

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