The government reacted with outrage to the recent visit by Transnistrian leader Vadim Krasnoselsky to Moscow, where he personally received the Order of Honour from Russian President Vladimir Putin.
Prime Minister Vasile Tofan, pointing out that Krasnoselsky does not hold a Moldovan passport, declared today that “we allow a citizen of the Russian Federation to enter the Republic of Moldova, but prohibit him from leaving our country for five years”.
As usual, the regime’s top officials appear to have a poor grasp of the law. Lawyer Vadim Vieru has pointed out that Tofan has no legal authority to prevent Krasnoselsky from leaving the country.
“Article 12 of Law No. 200/2010 lists the circumstances in which the state may prohibit a foreign national from leaving the country: serving a prison sentence, being subject to criminal proceedings while wanted by law enforcement or under a preventive measure, compulsory medical treatment, or a restriction imposed as part of enforcement proceedings. In every one of these cases, a decision by a prosecutor or judge is required. Press conferences are not on that list,” the lawyer said.
A five-year restriction does indeed exist in Moldovan legislation. However, it applies to foreign nationals declared persona non grata in Moldova and provides for a ban on entering the country — not leaving it.
What the Law Actually Allows
Formally, to restrict Krasnoselsky’s right to leave Moldova, the authorities would first have to open criminal proceedings against him. They would then need to obtain a court order imposing a restriction on his departure at least 30 times, with a new reasoned decision required every two months.
The law does not allow such a procedural measure to remain in force for more than 60 days at a time.
