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Tradeflow Study - UNDP Black Sea Trade and Investment Promotion ...

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.<br />

In terms of existence of a legal framework for business transactions <strong>and</strong> the enforcement of<br />

the law <strong>and</strong> the quality of corporate governance law, there are wide disparities between<br />

countries in the region. Moldova is the only country in the region which does not have a<br />

competition policy enforcement organisation. The quality of insolvency laws is considered by<br />

the EBRD to be very low in Azerbaijan, Georgia <strong>and</strong> Ukraine, but high (equal to OECD<br />

country st<strong>and</strong>ards such as Turkey or Greece) for Albania, Bulgaria, Moldova, Romania <strong>and</strong><br />

Serbia.<br />

The transactions law of some countries in the region is considered to be equal to that of a<br />

st<strong>and</strong>ard OECD country (Albania, Bulgaria <strong>and</strong> Romania). Moldova, Serbia <strong>and</strong> Ukraine have<br />

a functioning transactions law but this does not fully cover the spectrum of areas to make it<br />

compatible with an OECD country. Meanwhile, Armenia, Azerbaijan, Georgia <strong>and</strong> Russia<br />

have a malfunctioning transactions law. Finally, the quality of corporate governance law is<br />

considered high in just Armenia, Moldova <strong>and</strong> Russia, while being low in Azerbaijan, Georgia,<br />

Romania <strong>and</strong> Ukraine. A summary of these indicators is given in Table 19.<br />

Table 19. Legal framework in transition economies<br />

Existence of a<br />

Competition office<br />

Quality of<br />

insolvency law<br />

Secured<br />

transactions law<br />

Quality of corporate<br />

governance law<br />

Albania high advanced medium<br />

Armenia medium malfunctioning high<br />

Azerbaijan low malfunctioning very low<br />

Bulgaria high advanced medium<br />

Georgia low malfunctioning low<br />

Moldova high some defects high<br />

Romania high advanced low<br />

Russia medium malfunctioning high<br />

Serbia high some defects medium<br />

Ukraine very low some defects very low<br />

Source: EBRD Transition Report 2006<br />

The depth of economic reform in BSEC countries is best reflected by a series of indicators on<br />

the scale of privatisation <strong>and</strong> enterprise restructuring, independence of monetary policy <strong>and</strong><br />

elimination of price fixing, foreign exchange liberalisation <strong>and</strong> strength of competition policy.<br />

The EBRD compiles a series of transition indicators which capture these elements of<br />

economic <strong>and</strong> trade policy reforms, which are summarised in Table 20.<br />

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