In the context of the war in Ukraine, the ban on the display of the symbols used by Russian armed forces during the invasion, the black-orange ribbon, also called the “Saint George” ribbon and the letters “V” and “Z”, adopted by the Moldovan Parliament in April 2022, “meets the requirements of legality, legitimacy and proportionality”, according to an opinion adopted by legal and constitutional experts of the Council of Europe’s Venice Commission at its plenary meeting on 21-22 October.

The Commission finds it plausible to argue that there is an urgent social need to impose such a restriction on freedom of expression and that the display of such symbols used by the Russian military in the current aggression against Ukraine “could produce a real and immediate danger of disorder and a threat to national security and the rights of others, including Ukrainian refugees in the country”.

It also points out that the swift adoption of this ban – passed through Parliament within a week – was justified by the urgency of the issue due to Russia’s aggression against Ukraine.

“The Moldovan government requested the opinion on behalf of the Bloc of Communists and Socialists, a parliamentary faction in the Moldovan Parliament that opposes these reforms,” the Council of Europe statement said.

The Commission also made several recommendations to improve Law No. 102: to introduce an explicit specification of the categories of symbols “created by stylisation”, other prohibited symbols and the terms “propaganda or glorification” in the definition of extremist activities and to clarify the sanctioning procedure.

“Given the fact that the Republic of Moldova is heavily exposed to external sources of information and is a constant target of disinformation activities from external sources, the Venice Commission considers that Law No 143 pursues a legitimate aim and responds to an urgent social need. However, the Commission also points out that some of the amendments are not precise enough and could have a discouraging effect on the media in the country and therefore makes a number of recommendations,” the European institution adds.

As of 20 April, all persons wearing the black-orange ribbon, also known as the “St George” ribbon or the letters “V” and “Z”, which represent Russia’s aggression against Ukraine, can be fined.

On 14 April, the Parliament voted in final reading to amend the Contraventions Code to this effect. Citizens who “glorify” these symbols risk fines ranging from 4 500 to 9 000 lei or unpaid community service of 30 to 60 hours. Legal entities and public officials risk fines of 9 000 to 18 000 lei.

Thus, for making, selling and possessing the respective symbols, individuals risk a fine of 4 500 to 9 000 lei or unpaid community service of 30 to 60 hours, and legal entities and public office holders who violate these provisions risk a fine of 9 000 to 18 000 lei.

More specifically, it is prohibited to make, sell, possess for the purpose of dissemination, and use in public attributes and symbols that are used in the context of actions of military aggression, war crimes and crimes against humanity, as well as propaganda or glorification of such actions.