Tofan Krasnoselsky Travel Ban: Prime Minister Threatens to Break the Law

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The Tofan Krasnoselsky travel ban threat has raised questions about the Moldovan government’s understanding of the law. Prime Minister Vasily Tofan says Transnistrian leader Vadim Krasnoselsky could be barred from leaving Moldova for five years. But lawyer Vadim Vieru says the authorities have no legal grounds to impose such a restriction at will.

The government reacted angrily to Krasnoselsky’s recent visit to Moscow, where Russian President Vladimir Putin personally presented him with the Order of Honour.

Tofan pointed out that the Transnistrian leader does not hold a Moldovan passport, then made an extraordinary statement:

“We allow a citizen of the Russian Federation to enter the Republic of Moldova, but prohibit him from leaving our country for five years.”

The threat may sound decisive, but there is a problem: Moldovan law does not give the prime minister the power to impose a travel ban simply by announcing one.

What the Law Says About a Tofan Krasnoselsky Travel Ban

Lawyer Vadim Vieru says Tofan cannot legally prevent Krasnoselsky from leaving the country on his own authority. Article 12 of Law No. 200/2010 sets out the specific circumstances in which a foreign national may be barred from leaving Moldova.

“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 involved in criminal proceedings while wanted or subject to a preventive measure, compulsory medical treatment, or a restriction imposed as part of enforcement proceedings. Each of these cases requires a decision by a prosecutor or a judge. Press conferences are not on that list,” Vieru said.

The relevant provision can be read in the full text of Moldova’s Law No. 200/2010 on the Legal Status of Foreigners.

There is, in fact, a five-year restriction in Moldovan legislation. But it applies to foreign nationals declared persona non grata in Moldova. And it prevents them from entering the country — not from leaving it.

Why the Five-Year Travel Ban Would Be Difficult to Impose

If the authorities genuinely intend to stop Krasnoselsky from leaving Moldova, they would first have to open criminal proceedings against him. They would then need to secure a court order imposing a preventive measure and have that order renewed every two months.

To keep such a restriction in place for five years, the authorities would have to go through that procedure at least 30 times. The law does not allow the measure to be imposed for more than 60 days at a time.

In short, Tofan’s five-year threat is not something he can enforce by government decree or public announcement. Any restriction on Krasnoselsky’s right to leave Moldova would have to follow the procedures laid down by law.

The Voice of Moldova