Four candidates for membership in the Superior Council of Magistracy (CSM) from among judges, magistrates Mihail Bușuleac from Cahul Court, Veronica Cupcea from Orhei Court, Aliona Miron from the Supreme Court of Justice and Nicolae Șova from Chisinau Court have received the result of the pre-vetting commission’s assessment of their financial and ethical integrity. The four decisions conclude that they have not passed the assessment.

Of the 23 remaining career judges in the competition for membership of the CSM, 5 candidates passed the assessment, 11 did not pass and cannot participate in the competition and 7 candidates are awaiting their decisions.

The Commission’s decisions may be appealed to the Supreme Court of Justice within 5 days of receipt, without prior procedure, according to Article 14(2) of the Regulation. 1) and 2) of Law No 26/2022.

The reasoned decisions were sent to the candidates and to the institution responsible for organising the competition, the CSM. If the four candidates do not notify the Commission of their refusal to publish their decisions within 48 hours of transmission, they will be placed in full on the websites of the CSM and the Pre-Vetting Commission.

Mihail Bușuleac: Judge’s actions set out in refferals of the Prosecutor General

Mihail Bușuleac has been working since 2011 at the Cahul Court. In 2017, for four years, he served as deputy president of that court. He is the son of former Deputy Minister of Justice Mihai Bușuleac.

In 2015, a complaint was lodged with the Judicial Inspectorate in his name. At that time, the disciplinary procedure was terminated on the grounds that no misconduct had been found. In 2016, four complaints were lodged against the magistrate, including one lodged by the then Deputy Prosecutor General Iurie Garaba. The author of the complaint alleged that in 2014 Bușuleac acted premeditatedly to adopt an illegal decision, by which he admitted the request of a citizen of the Russian Federation to obtain Moldovan citizenship by recognition. Disciplinary proceedings against the magistrate were subsequently terminated. The prosecutor’s office challenged the decision of the CD Plenary, but did not win, with the CSJ ending the case at the end of 2016. In 2017, another referral was made against the magistrate seeking disciplinary action. This time too the disciplinary proceedings were terminated on the grounds that no misconduct had been found.

In 2018, then Prosecutor General Eduard Harunjen asked the CSM to release the consent for criminal investigation of Judge Bușuleac and his colleague from the Cahul Court Dumitru Bosîi, on the grounds that they had delivered a judgment contrary to the law. However, the CSM did not give its consent and Harunjen did not challenge the decision at the CSJ.

According to information from the declaration of wealth and personal interests, in 2021, the magistrate’s family came into possession of a commercial production space with an area of 115.3 square meters, for which the magistrate says he paid 385 thousand lei. Bușuleac also declares four other apartments, one of which he obtained in 1995 through a privatization contract and which has an indicated value of 475 thousand lei, one purchased in 2010 for 25 thousand euro, written in the name of his daughter, and another purchased in 2013 for 261 thousand lei. The fourth apartment declared by the magistrate has an area of 74.8 square meters, is purchased in 2016 and is said to be worth about 36 thousand euros.

The judge also declares two cars: a Toyota Prius, manufactured in 2008 and purchased in 2016 for 90 thousand lei and a Daewoo Nexia, manufactured in 2008 and purchased in 2014 for 106 thousand lei. Bousuleac’s salary income last year was 347 thousand lei. The magistrate reports debts of 103 thousand lei. In the accounts, the Bușuleac family keeps 340 thousand lei and 3,785 euros.

Veronica Cupcea, Judge at the Orhei Court, Central Headquarters

Veronica Cupcea began her career as a magistrate at the Orhei Court in 2007, where in 2010 she was appointed president of the court for a 4-year term. In 2020, she was temporarily transferred to the Telenesti seat of the Orhei Court. Since January 2021 she has been acting as President of the Orhei Court.

In 2012, Cupcea was under disciplinary investigation for “failure to comply with the requirements of the law in the administration of justice, violation of the obligation of impartiality and violation of the imperative norms of the law”, which is why then President Nicolae Timofti rejected her appointment until she reached the age limit. Subsequently, Timofti signed a decree appointing him to office until the age limit was reached.

Judge Cupcea’s name came to public attention after ZdG wrote in 2012 that after sentencing a court clerk to a non-custodial sentence for misappropriating state property, Judge Cupcea subsequently hired her as an advisor. Nicolae Rosca, president of the Disciplinary Board of the CSM, said at the time that there was a suspicion of conflict of interest in this case. After the ZdG article, the CSM sanctioned the magistrate with a warning on the grounds that she had damaged the image of justice. Advertisement

In 2020, the Cupcea family acquired a residential house of 149.1 square meters, for which they indicated a value of 186 thousand lei. In the declaration of wealth and personal interests for 2021, the magistrate states that the value of the property is 726 thousand lei, the reason for the difference being “expenses for finishing the property”, based on a bank loan. The Cupcea family also owns ½ of another house of 147 square meters, valued at 63 thousand lei, obtained through an inheritance contract, as well as an apartment of 92 square meters, valued at 641 thousand lei. Last year, the judge bought a 2018 Tayota C-HR car for 350 thousand lei. The Cupcea family’s debts amount to 540 thousand lei, after taking out a loan in 2018 with an interest rate of 7%, due in 2028. Veronica Cupcea reported salary income of 362 thousand lei last year.

Aliona Miron: Promoted to the CSJ after the CSM requested a review of her case

Aliona Miron is a judge at the CSJ since September 2021. Previously, for 13 years, she worked only at the Chisinau Court. The judge was voted in by Parliament after the CSM requested a re-examination of her file, after the Legal Committee examined her candidacy for promotion to the CSJ in March 2021, but her name, following a closed-door session, did not reach the Parliament’s plenary for the voting procedure.

Miron is among the magistrates who were given apartments at a preferential price, in a block specially built for magistrates of the Rascani Court, although she owned several real estate properties at the time.

According to the information in the declaration of assets and interests for 2021, the Miron family owns a 190-square-metre residential house, obtained in 2018 following a contract for the alienation of the property, with the condition of lifetime maintenance, another house of 130 square metres, obtained following an inheritance contract, and two apartments of 140 and 76 square metres, respectively, the last one being purchased at a preferential price. The judge’s family owns some agricultural land obtained through inheritance and two cars: Volkswagen Multivan, manufactured and bought in 2012 for 553 thousand lei, and Mercedes E 220, manufactured in 2004 and bought in 2011 for 8 thousand euro. The Miron family also owns an F 8505T motorcycle, manufactured in 2007 and bought in 2013 for 17.5 thousand lei. In 2015, the Mirons took out a debt of 5 thousand euros, to be repaid by 2025 with an interest rate of 0 percent, and in 2021 a loan of 40 thousand lei. Last year, the magistrate reported salary income of 375 thousand lei.

Earlier, Miron told ZdG that the housing she received in 2018 belonged to her parents, who built two identical houses, and all the properties, except the one purchased at a preferential price, she obtained before becoming a judge. “If I knew there would be this kind of talk, I really would never have taken it,” Miron said in reference to the apartment in the magistrates’ block.

Nicolae Șova: He left Moldova without the Zimbru Stadium. Millions in purchases. The apartment obtained at a preferential price, sold shortly after purchase

Nicolae Șova has been the vice-president of the Chisinau Central Court since November 2021, having been in the system since 2005.

Previously, the CSM plenary proposed to the Moldovan Parliament the appointment of Nicolae Șova as a judge of the CSJ, until the age limit of magistrate Nicolae Șova was reached, but in March 2021 the Parliament rejected his candidacy. Nicolae Șova is the husband of the nephew of CSJ judge Ala Cobăneanu’s brother.

Șova is the magistrate who, in December 2017, by a decision of the Chisinau Court, obliged AO “Clubul de Fotbal Zimbru to pay to the company “Agroselect Semences Trading” the amount of 52 789 099 lei by way of debt for rent. He also ordered the collection from “Clubul de Fotbal Zimbru” of court costs of 50 thousand lei. Due to the debts, in March 2020, the football club announced the withdrawal of the senior team from all football competitions organized under the auspices of the Moldovan Football Federation.

According to the declaration of wealth and personal interests for 2021, last year Șova received a donation of a 134.7 square meters house, which would be worth about 624 thousand lei. Also last year, he bought a house of 170 square meters. Șova says he bought the property for 484 thousand lei, its market value being 1.3 million lei. For building materials and repair services, Șova says he paid 380,000 lei out of pocket. The judge also declares an apartment in the Rascani sector of the capital registered in the name of his wife, a notary by profession, and obtained as a donation in 1996. Although he had this property, in 2014 the judge requested and obtained the right to the apartment at a preferential price. Thus, in 2017, the magistrate became the owner of a 72.2 square metre apartment located on Roman Street in Chisinau, in a block for judges. In 2020, the magistrate sold the apartment.

Also last year, Șova bought a Toyota RAV4 car, manufactured in 2021, for which he indicates he paid 544 thousand lei. Since 2006, he has owned a Citroen C3, said to be worth 120,000 lei, and since 1995 he has owned a BMW 315, manufactured in 1982, which is listed in his declaration as worth 5,000 lei. In 2021, the Sova family repaid 147 thousand lei to Victoriabank SA, thus ending a loan taken out in 2012. The magistrate declares a debt of 600 thousand lei, after taking out a loan in 2016, which matures in 2029. The income of the Sova family in 2021 amounts to 1.8 million lei, 266 thousand lei being the magistrate’s salary income.