CCRM

Constitution of Moldova

Constitution of the Republic of Moldova


Stand:
Title II
FUNDAMENTAL RIGHTS, FREEDOMS and DUTIES
Chapter I
GENERAL PROVISIONS
Articol  15 Universality

The citizens of the Republic of Moldova enjoy the rights and freedoms enshrined in the Constitution and other laws and have the obligations laid down by them.

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Articol  16 Equality

(1) Respect for and protection of the person is a primary duty of the State.


(2) All citizens of the Republic of Moldova are equal before the law and public authorities, regardless of race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin.

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Articol  17 Citizenship of the Republic of Moldova

(1) The citizenship of the Republic of Moldova is acquired, preserved or lost under the conditions provided by the organic law.


(2) No one may be arbitrarily deprived of his nationality nor denied the right to change his nationality.

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Articol  18 Protecţia cetăţenilor Republicii Moldova

(1) The citizens of the Republic of Moldova benefit from the protection of the state both in the country and abroad.


(2) The citizens of the Republic of Moldova may not be extradited or expelled from the country.

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Articol  19 Legal status of foreign nationals and stateless persons

(1) Foreign citizens and stateless persons have the same rights and duties as citizens of the Republic of Moldova, with the exceptions established by law.


(2) Foreign nationals and stateless persons may be extradited only on the basis of an international convention, in conditions of reciprocity or on the basis of a court decision.


(3) The right of asylum shall be granted and withdrawn in accordance with the law, in compliance with the international treaties to which the Republic of Moldova is a party. 

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Articol  20 Free access to justice

1. Every person shall have the right to effective satisfaction from the competent courts against acts which violate his or her legitimate rights, freedoms and interests.


(2) No law may restrict access to justice.

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Articol  21 Presumption of innocence

Any person accused of a crime shall be presumed innocent until his guilt is legally proven, in the course of a public judicial process, in which he has been assured all the guarantees necessary for his defence.

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Articol  22 Non-retroactivity of the law

No one shall be convicted of acts or omissions which, at the time of the commission, did not constitute a criminal act. Nor will any harsher punishment be imposed than that which was applicable at the time of the offence.

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Articol  23 Every man's ability to know his rights and duties

1. Every person shall have the right to be recognised as legal.


2. The State shall ensure the right of every person to know his rights and duties. To this end, the state publishes and makes accessible all laws and other normative acts.

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Chapter II
FUNDAMENTAL RIGHTS and FREEDOMS
Articol  24 The right to life and to physical and mental integrity

(1) The state guarantees to every person the right to life and to physical and mental integrity.


(2) No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.


(3) The death penalty is abolished. No one may be sentenced to such punishment or executed.

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Articol  25 Individual freedom and personal safety

(1) The individual freedom and security of the person are inviolable.


(2) The search, detention or arrest of a person are allowed only in the cases and with the procedure provided by law.


(3) Detention may not exceed 72 hours.


(4) The arrest shall be made on the basis of a warrant, issued by the judge, for a maximum period of 30 days. An appeal may be lodged against the legality of the warrant, in accordance with the law, in a hierarchically superior court. The term of arrest may be extended only by the judge or by the court, in accordance with the law, up to 12 months.


(5) The detained or arrested person shall be immediately informed of the reasons for the detention or arrest, and the accusation - as soon as possible; the reasons for the detention and the accusation shall be made known only in the presence of a lawyer, chosen or appointed ex officio.


(6) The release of the detained or arrested person is mandatory if the reasons for the detention or arrest have disappeared.

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Articol  26 Right of defence

(1) The right of defence shall be guaranteed.


(2) Every person shall have the right to react independently, by legitimate means, to the violation of his rights and freedoms.


(3) Throughout the trial the parties shall have the right to be assisted by a lawyer, elected or appointed of their own motion.


(4) Interference in the activity of persons exercising the defence within the prescribed limits shall be punishable by law.

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Articol  27 Right to free movement

(1) The right to free movement in the country is guaranteed.


(2) Every citizen of the Republic of Moldova is guaranteed the right to establish his domicile or residence in any locality in the country, to leave, to emigrate and to return to the country.

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Articol  28 Intimate, family and private life

The state respects and protects intimate, family and private life.

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Articol  29 Inviolability of the home

(1) The domicile and residence are inviolable. No one may enter or remain in the domicile or residence of a person without their consent.


(2) The provisions of paragraph 1 may be derogated by law in the following situations:


(a) for the execution of an arrest warrant or a court order;


(b) for the removal of a danger which threatens the life, physical integrity or property of a person,


(c) to prevent the spread of an epidemic.


(3) On-the-spot searches and searches may be ordered and carried out only in accordance with the law.


(4) Night searches shall be prohibited, except in the case of a flagrant offence.

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Articol  30 The secret of correspondence

(1) The state ensures the secrecy of letters, telegrams of other postal items, telephone conversations and other legal means of communication.


(2) The provisions of paragraph (1) may be derogated by law in cases where this derogation is necessary in the interests of national security, the economic well-being of the country, public order and in order to prevent crimes.

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Articol  31 Freedom of conscience

(1) Freedom of conscience is guaranteed. It must manifest itself in the spirit of tolerance and mutual respect.


(2) Religious cults are free and organized according to their own statutes, according to the law.


(3) In relations between religious cults, any manifestations of enmity are prohibited.


(4) Religious cults are autonomous, separated from the State and enjoy its support, including by facilitating religious assistance in the army in hospitals, prisons, asylums and orphanages.

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Articol  32 Freedom of opinion and expression

(1) Every citizen shall be guaranteed the freedom of thought, opinion and freedom of expression in public by word, image or other possible means.


(2) Freedom of expression may not prejudice the honour, dignity or right of another person to his own vision.


(3) It is prohibited and punished by law to challenge and defame the state and the people, to call for war of aggression against national, racial or religious hatred, to incite discrimination, territorial separatism, public violence, and other manifestations that interfere with the constitutional regime.

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Articol  33 Freedom of creation

(1) Freedom of artistic and scientific creation is guaranteed. Creation is not subject to censorship.


(2) Citizens' right to intellectual property, their material and moral interests arising in connection with various kinds of intellectual creation are protected by law.


(3) The State shall contribute to the preservation, development and propagation of the achievements of culture and science, national and world.

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Articol  34 Right to information

(1) The right of the person to have access to any information of public interest cannot be restricted.


(2) Public authorities, according to their competences, are obliged to ensure that citizens are properly informed about public affairs and matters of personal interest.


(3) The right to information must not prejudice measures to protect citizens or national security.


(4) Public, state or private media are obliged to ensure that public opinion is properly publicly publicly information.


(5) The means of public information shall not be subject to censorship.

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Articol  35 Right to education

(1) The right to education is ensured by compulsory general education, by secondary and vocational education, by higher education, as well as by other forms of training and improvement.


(2) The State shall ensure, under the law, the right to choose the language of education and training of persons.


(3) The study of the state language shall be carried out in educational institutions of all grades.


(4) State education is free of charge.


(5) Educational institutions, including non-state ones, shall be established and operate under the law.


(6) Higher education institutions enjoy the right to autonomy.


(7) State secondary, vocational and higher education is equally accessible to all on the basis of merit.


(8) The State shall ensure, under the law, the freedom of religious education. State education is lay.


(9) The priority right to choose the sphere of education of children lies with the parents.

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Articol  36 Right to health protection

(1) The right to health care is guaranteed.


(2) The minimum medical insurance offered by the State is free of charge.


(3) The structure of the national health protection system and the means of protecting the physical and mental health of the person shall be established in accordance with organic law.

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Articol  37 Right to a healthy environment

(1) Every man shall have the right to an environmentally safe environment for life and health, as well as to harmless food and household items.


(2) The State guarantees to every person the right to free access and to the dissemination of truthful information concerning the state of the natural environment, living and working conditions, the quality of food and household items.


(3) The withholding or falsification of information about factors detrimental to human health shall be prohibited by law.


(4) Natural and legal persons shall be liable for damage to a person's health and wealth as a result of environmental infringements.

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Articol  38 The right to vote and the right to be elected

(1) The will of the people is the basis of state power. This will is expressed by free elections, which take place periodically by universal, equal, direct, secret and freely expressed vote.


(2) Citizens of the Republic of Moldova have the right to vote from the age of 18, fulfilled until the day of the elections inclusive, except for those placed under prohibition in the manner established by law.


(3) The right to be elected is guaranteed to the citizens of the Republic of Moldova with the right to vote, under the law.

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Articol  39 Right to administration

(1) The citizens of the Republic of Moldova have the right to participate in the administration of public affairs directly, as well as through their representatives.


(2) Every citizen shall be provided, in accordance with the law, with access to a public office.

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Articol  40 Freedom of assembly

Rallies, demonstrations, demonstrations, processions or any other gatherings are free and can be organized and conducted only peacefully, without any weapons.

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Articol  41 Freedom of parties and other social-political organisations

(1) Citizens may freely associate themselves in parties and other social-political organisations. They contribute to the definition and expression of the political will of citizens and under the law, participate in elections.


(2) Parties and other social-political organisations shall be equal before the law.


(3) The State shall ensure respect for the legitimate rights and interests of parties and other social-political organisations.


(4) Parties and other social-political organizations which, through their aims or activities, militate against political pluralism, the principles of the rule of law, sovereignty and independence, the territorial integrity of the Republic of Moldova are unconstitutional.


(5) Secret associations are prohibited.


(6) The activity of parties consisting of foreign nationals is prohibited


(7) Public functions the holders of which may not belong to parties shall be determined by organic law.

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Articol  42 Right to establish and join trade unions

(1) Every employee shall have the right to establish and join trade unions in order to defend his interests.


(2) Trade unions shall be constituted and shall carry out their activities in accordance with their statutes, in accordance with the law. They contribute to the protection of the professional, economic and social interests of employees.

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Articol  43 Right to work and protection of work

(1) Everyone has the right to work, to free choice of work, to fair and satisfactory working conditions, and to protection against unemployment.


(2) Employees have the right to protection of work. The protective measures concern the safety and hygiene of work, the working arrangements of women and young people, the establishment of a minimum wage on the economy, weekly rest, paid rest leave, the provision of hard work, and other specific situations.


(3) The duration of the working week shall not exceed 40 hours.


(4) The right to labour negotiations and the binding nature of collective agreements are guaranteed.

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Articol  44 Prohibition of forced labour

(1) Forced labour is prohibited.


(2) It shall not constitute forced labour:


(a)military service or activities carried out in its place by those who, according to the law, do not satisfy compulsory military service;


(b) the work of a convicted person, performed under normal conditions, during the period of detention or conditional release;


(c) benefits imposed in the event of calamity or other danger, as well as those which are part of the normal civil obligations laid down by law.

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Articol  45 Right to strike

(1) The right to strike shall be recognised. Strikes may be initiated only for the purpose of defending the economic and social professional interests of employees.


(2) The law lays down the conditions for the exercise of the right to strike, as well as the liability for the illegitimate initiation of strikes.

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Articol  46 The right to private property and its protection

(1) The right to private property, as well as claims on the state, are guaranteed.


(2) No one may be expropriated except for a cause of public utility, established in accordance with the law, with just and prior compensation.


(3) Legally acquired assets may not be confiscated. The lawful nature of the acquisition shall be presumed.


(4) Goods intended, used or resulting from offences or contraventions may be seized only under the law.


(5) The right of private property obliges the owner to comply with the tasks relating to the protection of the environment and the provision of good neighbouring, as well as to the other tasks which, according to the law, are the responsibility of the owner.


(6) The right to inheritance of private property is guaranteed.

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Articol  47 Right to social assistance and protection

(1) The state is obliged to take measures to ensure that every man has a decent standard of living, which ensures his health and well-being and his family, including food, clothing, housing, medical care, as well as the necessary social services.


(2) Citizens are entitled to insurance in the event of unemployment, sickness, invalidity, widowing, old age or in other cases of loss of livelihood, as a result of circumstances beyond their control.

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Articol  48 Family

(1) The family constitutes the natural and fundamental element of society and is entitled to protection from society and the State.


(2) The family shall be based on the freely consented marriage between man and woman, on their equal rights and on the right and duty of the parents to ensure the upbringing, education and training of the children.


(3 ) The conditions for the termination, dissolution and nullity of marriage shall be laid down by law.


(4) Children are obliged to take care of their parents and to assist them.

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Articol  49 Protection of family and orphaned children

(1) The State shall facilitate, through economic and other measures, the formation of the family and the fulfilment of its obligations.


(2) The State protects maternity, children and young people, stimulating the development of the necessary institutions.


(3) All concerns concerning the maintenance, training and education of orphaned children and those deprived of parental protection are the responsibility of the State and society. The state stimulates and supports the benefit activities of these children.

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Articol  50 Protecting mother, children and young people

(1) The mother and the child have the right to special help and protection. All children, including those born out of wedlock, enjoy the same social protection.


(2) Children and young people shall enjoy special assistance in the exercise of their rights.


(3) The state grants the necessary allowances for children and aid for the care of sick or disabled children. Other forms of social assistance for children and young people are established by law.


(4) The exploitation of minors, their use in activities that would harm their health, morality or that would endanger their life or normal development are prohibited.


(5) The public authorities ensure conditions for the free participation of young people in the social, economic, cultural and sports life of the country.

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Articol  51 Protection of disabled people.

1. Persons with disabilities shall enjoy special protection from society as a whole. The state ensures for them normal conditions of treatment, rehabilitation, education, training and social integration.


(2) No one may be subjected to any forced medical treatment, except in the cases provided by law.

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Articol  52 Right to petition

(1) Citizens have the right to petition public authorities only on behalf of the signatories.


(2) Legally constituted organisations shall have the right to petition exclusively on behalf of the collectives they represent.

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Articol  53 Right of the person injured by a public authority

(1) A person injured in a right of his own by a public authority, by an administrative act or by failure to resolve an application within the legal time limit, shall be entitled to obtain recognition of the claimed right, annulment of the act and compensation for the damage.


(2) The State shall be liable, according to the law, for damages caused by errors committed in criminal proceedings by the investigating bodies and the courts.

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Articol  53

(Not in force yet!)

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Articol  54 Restricting the exercise of rights or freedoms

(1) No laws may be adopted in the Republic of Moldova that would suppress or diminish the fundamental rights and freedoms of man and the citizen.


(2) The exercise of rights and freedoms may not be subject to other restrictions than those provided by law, which correspond to the unanimously recognized norms of international law and are necessary in the interests of national security, territorial integrity, economic welfare, public order, in order to prevent disturbances. and crimes, the protection of the rights, freedoms and dignity of others, the prevention of the disclosure of confidential information or the guarantee of the authority and impartiality of justice.


3. The provisions of paragraph 2 shall not permit restriction of the rights enshrined in Articles 20 to 24.


(4) The restriction must be proportionate to the situation which determined it and cannot affect the existence of the right or freedom.

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Chapter III
FUNDAMENTAL DUTIES
Articol  55 Exercise of rights and freedoms

Everyone exercises his constitutional rights and freedoms in good faith, without prejudice to the rights and freedoms of others.

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Articol  56 Devotion to the country

(1) Devotion to the country is sacred.


(2) Citizens entrusted with public functions, as well as the military, are responsible for faithfully fulfilling their obligations and, in the cases provided for by law, take the oath required by it.

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Articol  57 Defending the Fatherland

(1) The defence of the Fatherland is a right and a sacred duty of every citizen.


(2) Military service is satisfied within the military forces, intended for national defence, border security and the maintenance of public order, in accordance with the law.

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Articol  58 Financial contributions

(1) Citizens have an obligation to contribute, through taxes, and taxes, to public expenditure.


(2) The legal system of taxation must ensure the fair settlement of tax burdens.


(3) Any other benefits are prohibited, other than those laid down by law.

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Articol  59 Environmental protection and protection of monuments

The protection of the environment, the preservation and protection of historical and cultural monuments is an obligation of every citizen.

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Articol  59 .1 The status and role of the People's Advocate

(1) The People's Advocate shall ensure the promotion and protection of fundamental human rights and freedoms.


(2) A person who enjoys an impeccable reputation, has high professional competence and a well-known activity in the field of defense and promotion of human rights may be appointed a People's Advocate.


(3) The People's Advocate is appointed by the Parliament, with the vote of the majority of the elected deputies, based on a transparent selection procedure, provided by law, for a term of 7 years, which cannot be renewed. During his term of office, the People's Advocate is independent and impartial. It may not be subject to any mandatory or representative mandate.


(4) The People's Advocate is not legally responsible for the opinions expressed in connection with the exercise of the mandate.


(5) The People's Advocate may not perform any other remunerated function, except for the didactic, scientific or creative activity. The People's Advocate does not have the right to carry out political activity and cannot be a member of any political party.


(6) The interference in the activity of the People's Advocate, the intentional ignorance of his notifications and recommendations, as well as the impediment in any form of his activity attract the legal responsibility in accordance with the law.


(7) The People's Advocate may be revoked from office with the vote of 2/3 of the elected deputies, in compliance with the procedure established by law, which shall provide for his prior hearing.


(8) The manner of organization and functioning of the institution of the People's Advocate shall be established by organic law.

Nou din

 
2017-05-19
 

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