CCRM

Constitution of Moldova

Constitution of the Republic of Moldova


Stand:
Title I
GENERAL PRINCIPLES
Articol  1 State of the Republic of Moldova

(1) The Republic of Moldova is a sovereign and independent state, unitary and indivisible.


(2) The form of government of the state is the republic.


(3) The Republic of Moldova is a democratic rule of law in which human dignity, human rights and freedoms, the free development of human personality, justice and political pluralism are supreme values and are guaranteed.

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Articol  2 Sovereignty and State Power

(1) National sovereignty belongs to the people of the Republic of Moldova, who exercise it directly and through its representative bodies, in the forms established by the Constitution.


(2) No private person, no part of the people, no social group, no political party or other public party may exercise state power in his own name. The usurpation of state power is the most serious crime against the people.

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Articol  3 Territory

(1) The territory of the Republic of Moldova is inalienable.


(2) The borders of the country are enshrined by organic law, respecting the unanimously recognized principles and norms of international law.

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Articol  4 Human rights and freedoms

(1) Constitutional provisions on human rights and freedoms shall be interpreted and applied in accordance with the Universal Declaration of Human Rights, the Covenants and other treaties to which the Republic of Moldova is a party.


(2) If there are inconsistencies between the pacts and treaties on fundamental human rights to which the Republic of Moldova is a party and its domestic laws, priority shall be given to international regulations.

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Articol  5 Democracy and political pluralism

(1) Democracy in the Republic of Moldova is exercised under the conditions of political pluralism, which is incompatible with dictatorship and totalitarianism.


(2) No ideology may be established as the official ideology of the State.

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Articol  6 Separation and collaboration of powers

In the Republic of Moldova the legislative, executive and judicial power are separated and cooperate in the exercise of their prerogatives, according to the provisions of the Constitution.

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Articol  7 Constitution, Supreme Law

The Constitution of the Republic of Moldova is its Supreme Law. No law or other legal act in contrary to the provisions of the Constitution has legal power.

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Articol  8 Compliance with international law and international treaties

(1) The Republic of Moldova undertakes to respect the Charter of the United Nations and the treaties to which it is a party, to base its relations with other states on the unanimously recognized principles and norms of international law.


(2) The entry into force of an international treaty containing provisions in contrary to the Constitution shall be preceded by a revision thereof.

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Articol  9 Fundamental principles of ownership

(1) The property is public and private. It consists of material and intellectual goods.


(2) Property may not be used to the detriment of human rights, freedoms and dignity.


(3) The market, free economic initiative, fair competition are the basic factors of the economy.

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Articol  10 Unity of the people and the right to identity

(1) The state is founded on the unity of the people of the Republic of Moldova. The Republic of Moldova is the common and indivisible homeland of all its citizens.


(2) The State recognises and guarantees the right of all citizens to the preservation, development and expression of their ethnic, cultural, linguistic and religious identity.

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Articol  11 Republic of Moldova, neutral state

(1) The Republic of Moldova proclaims its permanent neutrality.


(2) The Republic of Moldova does not allow the deployment of military troops of other states on its territory

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Articol  12 State symbols

(1) The Republic of Moldova has a flag, coat of arms, and natioanl anthem.


(2) The State Flag of the Republic of Moldova is tricolor. The colors are arranged vertically, in the following order, starting from the lance: blue, yellow, red. In the center on the yellow strips, the State Coat of Arms of the Republic of Moldova is printed.


(3) The State coat of arms of the Republic of Moldova represents a shield divided horizontally into two parts: the upper part being of a red chromatics and the lower part – blue chromatics with a superimposed auroch’s head showing between its horns an eight-pointed star. On its right the auroch’s head is flanked by a five-petalled rose, and on its left by a slightly rotated crescent. All the elements represented in the shield are gold (yellow). The shield is placed on the chest of a natural eagle bearing in its beak a golden cross (crusader eagle) and holding in its right claw a green olive branch, and in the left a golden scepter.


(4) The State Anthem of the Republic of Moldova is established by organic law.


(5) The flag, coat of arms and anthem are the state symbols of the Republic of Moldova and are protected by law.

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Articol  13 State language, functioning of other languages

(1) The state language of the Republic of Moldova is the Moldovan language, operating on the basis of Latin alphabet.

(2) The State recognises and protects the right to the preservation, development and functioning of the Russian language and other languages spoken in the territory of the country.

(3) The State shall facilitate the study of languages of international circulation.

(4) The functioning of languages on the territory of the Republic of Moldova is determined by organic law.

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Articol  14 Capital

The capital of the Republic of Moldova is Chisinau.

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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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Title III
PUBLIC AUTHORITIES
Chapter IV
THE PARLIAMENT
Section 1
Organization and Operation
Articol  60 Parliament, supreme representative body and legislative

(1) Parliament is the supreme representative body of the people of the Republic of Moldova and the sole legislative authority of the state.


(2) Parliament shall be composed of 101 Members.

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Articol  61 Election of Parliament

(1) Parliament is elected by universal, equal, direct, secret and freely expressed vote.


(2) The manner in which elections are organised and conducted shall be determined by organic law.


(3) The elections of Members of Parliament shall take place no later than 3 months after the expiry of the term of office or the dissolution of the previous Parliament.

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Articol  62 Validation of the mandate of the Member

The Constitutional Court, on a proposal from the Central Electoral Commission, decides to validate the mandate of the deputy or to invalidate it in case of violation of electoral law.

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Articol  63 Term of office

(1) Parliament shall be elected for a term of four years, which may be extended by organic law in the event of war or catastrophe.


(2) The Parliament shall meet, at the convocation of the President of the Republic of Moldova, no later than 30 days after the elections.


(3) The mandate of the Parliament shall be extended until the legal meeting of the new composition. During this period, the Constitution may not be amended and organic laws may not be adopted, amended or repealed.


(4) Draft laws or legislative proposals on the agenda of the previous Parliament shall continue their procedure in the new Parliament.

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Articol  64 Internal organization

(1) The structure, organisation and functioning of Parliament shall be determined by regulation. Parliament's financial resources are set out in the budget approved by it.


(2) The President of the Parliament shall be elected by secret ballot, by a majority of the votes of the Elected Members, during the term of office of the Parliament. It may be revoked at any time by secret ballot by Parliament by a majority of at least two-thirds of the votes of all Members.


(3) The Vice-Presidents shall be elected on a proposal from the President of the Parliament, in consultation with the parliamentary factions.

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Articol  65 Public nature of meetings

(1) The sittings of parliament shall be public.


(2) Parliament may decide that certain meetings shall be closed.

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Articol  66 Basic tasks

Parliament has the following basic tasks:


a) adopt laws, decisions and motions;


b) declare referendums;


c) interpret the laws and ensure the unity of the legislative regulations throughout the country;


d) approve the main directions of the internal and external policy of the State;


e) approves the military doctrine of the state;


f) exercise parliamentary control over executive power, in the forms and within the limits laid down in the Constitution;


g) ratify, denounce, suspend and annul the action of international treaties concluded by the Republic of Moldova;


h) approve the State budget and exercise control over it;


i) exercise control over the granting of State loans, economic and other aid to foreign states, the conclusion of agreements on State loans and loans from foreign sources;


j) elect and appoint state officials, in cases provided for by law;


k) approves the orders and medals of the Republic of Moldova;


(l) declare partial or general mobilisation;


m) declare a state of emergency, siege and war;


n) initiate the investigation and hearing of any matters relating to the interests of the company;


o) suspend the activity of local public administration bodies, in cases provided for by law;


p) adopt acts on amnesty;


r)performs other duties, established by the Constitution and laws.

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Articol  67 Sessions

1) Parliament shall meet in two ordinary sessions per year. The first session starts in February and may not exceed the end of July. The second session starts in September and may not exceed the end of December.


2) The Parliament shall also meet in extraordinary or special sessions at the request of the president of the Republic Of Moldova,the president of the Parliament or one third of the deputies.

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Section 2
Statute of Deputies
Articol  68 Representative mandate

(1) In the exercise of the mandate, the deputies are at the service of the people.


(2) Any mandatory mandate shall be void.

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Articol  69 Mandate of deputies

(1) Deputies shall enter the office subject to validation.


(2) The capacity of a deputy shall cease on the date of the legal meeting of the newly elected parliament, in case of resignation, lifting of the mandate, incompatibility or death.

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Articol  70 Incompatibilities and immunities

(1) The quality of deputy is incompatible with the exercise of any other remunerated function, except for the didactic and scientific activity.


(2) Other incompatibilities are established by organic law.


(3) The deputy may not be detained, arrested, searched, except in cases of flagrant crime, or sent to trial without the consent of the Parliament, after his hearing.

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Articol  71 Independence of views

The member may not be persecuted or held legally liable for votes or opinions expressed in the exercise of his or her mandate.

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Section 3
Legislation
Articol  72 Categories of laws

(1) Parliament shall adopt constitutional laws, organic laws and ordinary laws.


(2) Constitutional laws are those of revision of the Constitution.


(3) Organic Law shall regulate:


      a) electoral system;


      b) organization and conduct of the referendum;


      c) organisation and functioning of Parliament;


      d) organization and functioning of government;


      e) organization and functioning of the Constitutional Court of the Superior Council of      Magistracy, courts, administrative litigation;


      f) organization of the local administration of the territory as well as the general regime  on local autonomy;


      g) organization and functioning of political parties;


      h) how to establish the exclusive economic zone;


      i) the general legal regime of property and inheritance;


      j) general arrangements for employment relations, trade unions and social protection;


      k) general organization of education;


      l) general regime of religious cults;


      m) state of emergency, siege and war regime;


      n) offences, punishments and the regime of their execution;


      o) granting amnesty and pardon;


      p) other areas for which the Constitution provides for the adoption of organic laws;


      r) other areas for which Parliament considers it necessary to adopt organic laws.


(4) ordinary laws intervene in any area of social relations, except those reserved for constitutional and organic laws.

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Articol  73 Legislative initiative

The right of legislative initiative belongs to the deputies in the Parliament, to the President of the Republic of Moldova, to the Government, to the People's Assembly of the Gagauzia Autonomous Territorial Unit.

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Articol  74 Adoption of laws and decisions

(1) The organic laws are adopted with the vote of the majority of the elected deputies, after at least two readings.


(2) The ordinary laws and decisions are adopted with the vote of the majority of the deputies present.


(3) The draft laws presented by the Government, as well as the legislative proposals of the deputies accepted by it shall be examined by the Parliament in the manner and according to the priorities established by the Government, including in the emergency procedure. Other legislative proposals are examined in the established manner.


(4) The laws shall be sent for promulgation to the President of the Republic of Moldova.

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Articol  75 The Referendum

(1) The most important issues of the society and of the state are subject to the referendum.


(2) The decisions adopted according to the results of the republican referendum have supreme legal power.

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Articol  76 Entry into force of the law

The law shall be published in the Official Gazette (Monitorul Oficial) of the Republic of Moldova and shall enter into force on the date of its publication or on the date provided for in its text. The non-publication of the law entails its non-existence.

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Chapter V
THE PRESIDENT OF THE REPUBLIC OF MOLDOVA
Articol  77 President of the Republic of Moldova, Head of State

(1) The President of the Republic of Moldova is the Head of State.


(2) The President of the Republic of Moldova represents the state and is the guarantor of the sovereignty, national independence, unity and territorial integrity of the country.

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Articol  78 Election of the President

(1) The President of the Republic of Moldova is elected by universal, equal, direct, secret and free vote.

(2) The citizen with the right to vote who has reached the age of 40, has lived or permanently resides on the territory of the Republic of Moldova for not less than 10 years and possesses the state language may be elected President of the Republic of Moldova.

(3) The candidate who has gathered at least half of the votes of the voters who participated in the elections shall be declared elected.

(4) If none of the candidates has obtained this majority, a second ballot shall be held between the first two candidates established in the order of the number of votes obtained in the first round. The candidate who obtained the highest number of votes is declared elected, provided that their number is higher than the number of votes cast against the candidate.

(5) is declared invalid by the Constitutional Court https://www.legis.md/search/getResults?doc_id=91383&lang=en)

(6) The procedure for electing the President of the Republic of Moldova is established by organic law.

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Articol  79 Validation of the mandate and taking the oath

(1) The result of the elections for the office of President of the Republic of Moldova is validated by the Constitutional Court.


(2) The candidate whose election has been validated shall submit the following oath before the Parliament and the Constitutional Court at the latest 45 days after the election:


"I swear to give all my power and skill to the advancement of the Republic of Moldova, to respect the Constitution and the laws of the country, to defend democracy, fundamental human rights and freedoms, sovereignty, independence, unity and territorial integrity of Moldova".

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Articol  80 Term of office

(1) The term of office of the President of the Republic of Moldova lasts 4 years and is exercised from the date of taking the oath.


(2) The President of the Republic of Moldova shall exercise his mandate until the swearing in of the newly elected President.


(3) The mandate of the President of the Republic of Moldova may be extended, by organic law, in case of war or catastrophe.


(4) No person may hold the office of President of the Republic of Moldova except for a maximum of two consecutive terms.

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Articol  81 Incompatibility and immunities

(1) The status of President of the Republic of Moldova is incompatible with the exercise of any other remunerated function.


(2) The President of the Republic of Moldova enjoys immunity. He may not be held legally liable for the opinions expressed in the exercise of his mandate.


(3) Parliament may decide to impeach the President of the Republic of Moldova, with the vote of at least two thirds of the elected deputies, if he commits a crime. Jurisdiction belongs to the Supreme Court of Justice under the law. The president is dismissed by law on the date of finality of the sentence.

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Articol  82 Deleted

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Articol  83 Deleted

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Articol  84 Messages

(1) The President of the Republic of Moldova may take part in the work of the Parliament.


(2) The President of the Republic of Moldova sends messages to Parliament on the main problems of the nation.

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Articol  85 Dissolution of Parliament

(1) In case of impossibility to form the Government or to block the procedure of adopting the laws for 3 months, the President of the Republic of Moldova, after consulting the parliamentary factions, may dissolve the Parliament.


(2) The Parliament may be dissolved, if it has not accepted the vote of confidence for the formation of the Government within 45 days from the first request and only after the rejection of at least two requests for investiture.


(3) Parliament may be dissolved only once in a year.


(4) The Parliament cannot be dissolved in the last 6 months of the mandate of the President of the Republic of Moldova, except for the case provided in art. 78 para. (5), nor during the state of emergency, siege or war.

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Articol  86 Foreign policy duties

(1) The President of the Republic of Moldova holds negotiations and takes part in negotiations, concludes international treaties on behalf of the Republic of Moldova and presents them in the manner and within the time limit set by law for ratification to Parliament.


(2) The President of the Republic of Moldova, on a proposal from the Government, accredits and recalls the diplomatic representatives of the Republic of Moldova and approves the establishment, abolition or change of the rank of diplomatic missions.


(3) The President of the Republic of Moldova receives the credentials and recall letters of the diplomatic representatives of other states in the Republic of Moldova.

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Articol  87 Defence duties

(1) The President of the Republic of Moldova is the Commander-in-Chief of the Armed Forces.


(2) The President of the Republic of Moldova may declare, with the prior approval of the Parliament, partial or general mobilization.


(3) In case of armed aggression against the country, the President of the Republic of Moldova takes measures to reject aggression, declares a state of war and brings them to the attention of Parliament without delay. If Parliament is not in session, it shall convene as a matter of law within 24 hours of the start of the aggression.


(4) The President of the Republic of Moldova may take other measures to ensure national security and public order, within the limits and under the conditions of the law.

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Articol  88 Other duties

The President of the Republic of Moldova also performs the following duties:


a) confer decorations and titles of honour;


b) grant supreme military degrees provided for by law;


c) solves the problems of citizenship of the Republic of Moldova and grants political asylum;


d) appoint to public office, under the conditions laid down by law;


e) grant individual pardon;


f) may ask the people to express their will in the referendum on matters of national interest;


g) grant diplomatic ranks;


h) confers higher classification levels for workers in the prosecutor's office, judges and other categories of officials, in accordance with the law;


i) suspend the acts of the Government that contravene the legislation until the adoption of the final decision of the Constitutional Court.


j) exercise other powers established by law.

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Articol  89

(1) In case of committing serious deeds by which he violates the provisions of the Constitution, the President of the Republic of Moldova may be suspended from office by the Parliament, with the vote of two thirds of the deputies.


(2) The proposal for suspension from office may be initiated by at least one third of the deputies and shall be brought, without delay, to the knowledge of the President of the Republic of Moldova. The President may give an explanation to Parliament as to the facts alleged against him.


(3) If the proposal for suspension of office is approved, a referendum shall be held within 30 days for the dismissal of the President.

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Articol  90 Vacancy of the function

(1) The vacation of the position of President of the Republic of Moldova occurs in case of expiration of the mandate, resignation, dismissal, final impossibility of exercising the attributions or death.


(2) The request for resignation of the President of the Republic of Moldova is presented to the Parliament, which decides on it.


(3) The impossibility of exercising the attributions for more than 60 days by the President of the Republic of Moldova is confirmed by the Constitutional Court within 30 days from the notification.


(4) Within 2 months from the date on which the vacation of the position of President of the Republic of Moldova took place, elections for a new President shall be organized, in accordance with the law.

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Articol  91 Interim function

If the position of President of the Republic of Moldova becomes vacant or if the President is dismissed or if he is temporarily unable to exercise his duties, the interim shall be provided, in order, by the President of the Parliament or by the Prime Minister.

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Articol  92 Responsibilities of the Interim President

If the person acting as President of the Republic of Moldova commits serious acts in violation of the provisions of the Constitution, Article 89(1) and Article 91 shall apply.

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Articol  93 Promulgation of laws

(1) The President of the Republic of Moldova promulgates the laws.


(2) The President of the Republic of Moldova is entitled, if he objects to a law, to send it, within two weeks at the latest, to parliament for review. If Parliament upholds its previous decision, the President shall promulgate the law.

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Articol  94 Acts of the President

(1) In the exercise of his duties, the President of the Republic of Moldova issues decrees, binding on execution throughout the state. The decrees are published in the Official Gazette of the Republic of Moldova.


(2) Decrees issued by the President in the exercise of his duties as provided for in Article 86(2), Article 87(2), (3) and (4) shall be countersigned by the Prime Minister.

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Articol  95 Financial resources of the President's apparatus, allowance and other rights

(1) The financial resources of the apparatus of the President of the Republic of Moldova shall be approved, on his proposal, by the Parliament and shall be included in the state budget.


(2) The allowance and other rights of the President of the Republic of Moldova shall be determined by law.

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Chapter IV
THE GOVERNMENT
Articol  96 Role

(1) The Government shall ensure the implementation of the internal and external policy of the State and exercise the general leadership of the public administration.


(2) In the exercise of its powers, the Government shall be governed by its programme of activity, accepted by Parliament.

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Articol  97 Structure

The government consists of the Prime Minister, First Deputy Prime Minister, Deputy Prime Ministers, Ministers and other members established by organic law.

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Articol  98 Investiture

(1) After consulting the parliamentary factions, the President of the Republic of Moldova nominates a candidate for the position of Prime Minister.


(2) The candidate for the position of Prime Minister shall request, within 15 days from the appointment, the vote of confidence of the Parliament on the activity program and of the entire list of the Government.


(3) The activity program and the list of the Government are debated in the sitting of the Parliament. It gives confidence to the Government with the vote of the majority of the elected deputies


(4) Based on the vote of confidence granted by the Parliament, the President of the Republic of Moldova appoints the Government.


(5) The Government exercises its attributions from the day of taking the oath by its members before the President of the Republic of Moldova.


(6) In case of governmental reshuffle or vacancy of office, the President of the Republic of Moldova revokes and appoints at the proposal of the Prime Minister, some members of the Government.

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Articol  99 Incompatibilities

(1) The position of member of the Government is incompatible with the exercise of any other remunerated function.


(2) Other incompatibilities shall be established by organic law.

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Articol  100 Termination of membership of the Government

The position of member of the Government ceases in case of resignation, revocation, incompatibility or death.

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Articol  101 Prime Minister

(1) The Prime Minister leads the Government and coordinates the activity of its members, respecting their attributions.


(2) In case of impossibility of the Prime Minister to exercise his attributions or in case of his death, the President of the Republic of Moldova shall appoint another member of the Government as interim Prime Minister until the formation of the new Government. The interim period during the impossibility of exercising the attributions ceases, if the Prime Minister resumes his activity in the Government.


(3) In case of resignation of the Prime Minister, the whole Government resigns.

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Articol  102 Government Acts

(1) The Government adopts decisions, ordinances and dispositions.


(2) The decisions are adopted for the organization of the execution of the laws.


(3) The ordinances are issued under the conditions of article 1062.


(4) The decisions and ordinances adopted by the Government shall be signed by the Prime Minister, countersigned by the ministers who have the obligation to implement them and shall be published in the Official Gazette of the Republic of Moldova. Non-publication entails the non-existence of the decision or ordinance.


(5) The dispositions are issued by the Prime Minister for the organization of the internal activity of the Government.

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Articol  103 Termination of office

(1) The government shall exercise its mandate until the date of validation of the elections for a new Parliament.


(2) The Government in the event of a vote of no confidence by the Parliament, the resignation of the Prime Minister or in the case of paragraph 1, performs only the functions of administration of public affairs, until the swearing-in by the members of the new Government.

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Chapter VII
RELATIONS OF PARLIAMENT WITH THE GOVERNMENT
Articol  104 Informing Parliament

(1) The Government is responsible to Parliament and presents the information and documents requested by it, its committees and Members.


(2) Members of the Government shall have access to the work of Parliament. If they are required to attend, their participation shall be compulsory.

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Articol  105 Questions and interpellations

(1) The Government and each of its members are obliged to answer questions or questions raised by Members.


(2) Parliament may adopt a motion expressing its position on the subject of the appeal.

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Articol  106 Expression of distrust

(1) Parliament, on the proposal of at least one-fourth of the Members, may express its distrust of the Government, with the vote of the majority of The Members.


(2) The initiative to express distrust shall be examined 3 days after the date of submission to Parliament.

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Articol  106 .1 Government accountability

(1) The Government may assume responsibility before the Parliament on a program, a general policy statement or a draft law.


(2) The Government is dismissed if the motion of censure, submitted within 3 days from the presentation of the program, the general policy statement or the draft law, was voted under the conditions of article 106.


(3) If the Government has not been dismissed in accordance with paragraph 2, the bill presented shall be deemed to have been adopted and the program or general policy statement shall become binding on the Government.

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2000-07-28
 

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Articol  106 .2 Legislative delegation

(1) In order to carry out the activity program of the Government, the Parliament may adopt, at its proposal, a special law empowering the Government to issue ordinances in areas that are not subject to organic laws.


(2) The enabling law shall establish, obligatorily, the field and the date until which ordinances may be issued.


(3) The ordinances enter into force on the date of publication, without being promulgated.


(4) If the enabling law requires it, the ordinances are subject to the approval of the Parliament. The draft law on the approval of ordinances is presented within the term established in the empowerment law. Failure to comply with this deadline will result in termination of the effects of the ordinance. If Parliament does not reject the draft law on the approval of ordinances, they remain in force.


(5) After the expiration of the term established for issuing the ordinances, they may be abrogated, suspended or amended only by law. "

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Chapter VIII
PUBLIC ADMINISTRATION
Articol  107 Specialized central public administration

(1) The central specialized bodies of the state are the ministries. They translate into life, according to the law, the government's policy, its decisions and provisions, lead the areas entrusted and are responsible for their work.


(2) For the purposes of management, coordination and control in the field of economic organisation and in other areas not directly within the powers of ministries, other administrative authorities shall be established, under the law.

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Articol  108 Armed forces

(1) The armed forces are subordinated exclusively to the will of the people to guarantee sovereignty, independence and unity, the territorial integrity of the country and constitutional democracy.


(2) The structure of the national defence system shall be established by organic law.

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Articol  109 Basic principles of local public administration

(1) Public administration in territorial administrative units is based on the principles of local autonomy, decentralisation of public services, eligibility of local public administration authorities and consultation of citizens on local issues of special interest.


(2) Autonomy concerns both the organization and functioning of local public administration, as well as the


the communities they represent.


(3) The application of the principles set out may not affect the character of a unitary State.

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Articol  110 Administrative-territorial organization

(1) The territory of the Republic of Moldova is organized, from an administrative point of view, in villages, cities, districts and the autonomous territorial unit of Gagauzia. Under the law, some cities can be declared municipalities.


(2) The localities on the left bank of the Dniester may be assigned special forms and conditions of autonomy in accordance with the special statute adopted by organic law.


(3) The status of the capital of the Republic of Moldova, the city of Chisinau, is regulated by an organic law.

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Articol  111 Gagauzia Autonomous Territorial Unit

(1) Gagauzia is an autonomous territorial unit with a special status which, being a form of self-determination of Gagauzia, is an integral and inalienable part of the Republic of Moldova and resolves independently, within the limits of its competence, according to the Constitution of the Republic of Moldova. the whole population, political, economic and cultural issues.


(2) On the territory of the autonomous territorial unit of Gagauzia are guaranteed all the rights and freedoms provided by the Constitution and the legislation of the Republic of Moldova.


(3) In the autonomous territorial unit Gagauzia activates representative and executive bodies according to the law.


(4) The land, the subsoil, the waters, the vegetal and the animal kingdom, other natural resources located on the territory of the autonomous territorial unit of Gagauzia are the property of the people of the Republic of Moldova and at the same time constitute the economic base of Gagauzia.


(5) The budget of the autonomous territorial unit of Gagauzia shall be formed in accordance with the norms established in the law governing the special status of Gagauzia.


(6) The control over the observance of the legislation of the Republic of Moldova in the autonomous territorial unit of Gagauzia is exercised by the Government, in accordance with the law.


(7) The organic law regulating the special status of the autonomous territorial unit of Gagauzia may be amended by the vote of three-fifths of the number of deputies elected to Parliament.

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Articol  112 Village and city authorities

(1) The public administration authorities, through which local autonomy is exercised in villages and towns, are


elected local councils and elected mayors.


(2) Local councils and mayors act, under the law, as autonomous administrative authorities and solve public affairs in villages and towns.


(3) The choice of local councils and mayors, as well as their powers, shall be determined by law.

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Articol  113 District Council

(1) The district council shall coordinate the work of the village and town councils with a view to carrying out public services of district interest.


(2) The district council shall be elected and shall operate in accordance with the law.


(3) Relations between local public authorities are based on the principles of autonomy, legality and collaboration in solving common problems.

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Chapter IX
JUDICIAL AUTHORITY
Section 1
Levels of courts
Articol  114 The pursuit of justice

Justice is done in the name of the law only by the courts.

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Articol  115 Courts

(1) Justice is administered through the Supreme Court of Justice, the courts of appeal and the judges.


(2) For certain categories of cases, specialized judges may function, according to the law.


(3) The establishment of extraordinary courts is prohibited.


(4) The organization of the courts, their competence and the trial procedure are established by organic law.

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Articol  116 Status of judges

(1) The judges of the courts are independent, impartial and irremovable, according to the law.

(2) The judges of the courts shall be appointed, in accordance with the law, until reaching the age limit, by the President of the Republic of Moldova, at the proposal of the Superior Council of Magistracy. The President of the Republic of Moldova may reject the candidacy proposed by the Superior Council of Magistracy only once.

(3) (Repealed)

(4) (Repealed)

(5) Decisions on the appointment of judges and their careers must be taken on the basis of objective, merit-based criteria and a transparent procedure, in accordance with the law. The promotion or transfer of judges is done only with their consent.

(5.1) Judges have only functional immunity under the law.

(6) The sanctioning of judges shall be made in accordance with the law.

(7) The position of judge is incompatible with the exercise of any other remunerated position, except for the didactic and scientific activity.

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Articol  117 Public nature of judicial debates

In all courts, court sessions are public. Trials in closed session shall be allowed only in cases established by law, in compliance with all procedural rules.

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Articol  118 Language of the proceedings and the right to an interpreter

(1) The judicial procedure is carried out in the Moldovan language.

(2) Persons who do not possess or speak the Moldovan language have the right to be aware of all the documents and works of the file, to speak in court through an interpreter.

(3) Under the law, judicial proceedings may also be carried out in a language acceptable to the majority of persons participating in the trial.

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Articol  119 Use of remedies

Against judicial decisions, interested parties and competent state bodies may exercise remedies under the law.

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Articol  120 Mandatory nature of judgments and other final judgments

It is mandatory to respect the sentences and other final decisions of the courts, as well as the cooperation requested by them during the process of execution of the sentences and other final judgments.

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Articol  121 Financial resources of the courts, allowance and other rights

(1) The financial resources of the courts are approved by the Parliament and are included in the state budget.

(1.1) In the process of elaboration, approval and modification of the budget of the courts, the consultative opinion of the Superior Council of Magistracy is requested. The Superior Council of Magistracy has the right to present to the Parliament proposals for the draft budget of the courts.

(2) The indemnities and other rights of the judges are established by law.

(3) The courts have the police in their service.

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Articol  121 .1 The role

The Superior Council of Magistracy is the guarantor of the independence of the judiciary.

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Section 2
Superior Council of Magistracy
Articol  122 Structure

(1) The Superior Council of Magistracy consists of 12 members: six judges elected by the General Assembly of Judges, representing all levels of the courts, and six persons who enjoy a high professional reputation and personal integrity, with experience in the field of law or in another relevant field, which does not operate within the bodies of the legislative, executive or judicial powers and are not politically affiliated.

(2) The procedure and conditions for the election, appointment and termination of the term of office of the members of the Superior Council of Magistracy shall be established by law. The members of the Superior Council of Magistracy may be revoked, in accordance with the law.

(3) The candidates for the position of member of the Superior Council of Magistracy who are not part of the judges are selected by competition, based on a transparent procedure, based on merit, and are appointed by the Parliament with the vote of three fifths of the elected deputies.

(4) If the appointment of candidates who are not part of the judges to the position of member of the Superior Council of Magistracy under paragraph 3 has failed, the procedure and conditions for their appointment shall be established by law.

(5) The members of the Superior Council of Magistracy are elected or appointed for a term of 6 years, without the possibility of holding two terms.

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Articol  123 Powers

(1) The Superior Council of Magistracy ensures the appointment, transfer, secondment, promotion and application of disciplinary measures against judges. The Superior Council of Magistracy exercises its attributions directly or through its specialized bodies.

(2) The way of organization and functioning of the Superior Council of Magistracy is established by organic law.

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Section 3
Prosecutor's office
Articol  124 Prosecution

(1) The Prosecutor's Office is an autonomous public institution within the judicial authority, which contributes to the administration of justice, defense of the rights, freedoms and legitimate interests of the person, society and the state through criminal and other procedures provided by law.


(2) The attributions of the Prosecutor's Office are exercised by prosecutors.


(3) The competences, the way of organization and functioning of the Prosecutor's Office are established by law.

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Articol  125 Prosecutor

(1) The Prosecutor General is appointed by the President of the Republic of Moldova, at the proposal of the Superior Council of Prosecutors, for a term of 7 years, which cannot be renewed.


(2) The General Prosecutor is dismissed from office by the President of the Republic of Moldova, at the proposal of the Superior Council of Prosecutors, in accordance with the law, for objective reasons and under a transparent procedure.


(3) The appointment, transfer, promotion and dismissal of hierarchically inferior prosecutors shall be carried out by the Prosecutor General, at the proposal of the Superior Council of Prosecutors.

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Articol  125 .1 Superior Council of Prosecutors

(1) The Superior Council of Prosecutors is the guarantor of the independence and impartiality of prosecutors.


(2) The Superior Council of Prosecutors is constituted, in accordance with the law, by prosecutors elected from prosecutorships of all levels and from representatives of other authorities, public institutions or civil society. Prosecutors in the Superior Council of Prosecutors are an important part.


(3) The Superior Council of Prosecutors shall ensure the appointment, transfer, promotion and application of disciplinary measures against prosecutors.


(4) The manner of organization and functioning of the Superior Council of Prosecutors shall be established by law

Nou din

 
2016-11-29
 

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Title IV
NATIONAL ECONOMY AND PUBLIC FINANCES
Articol  126 Economy

(1) The economy of the Republic of Moldova is a market economy, of social orientation, based on private property and public property, engaged in free competition.

(2) The State shall ensure:

a) the regulation of economic activity and the administration of public property belonging to it under the law;

b) freedom of trade and entrepreneurial activity, protection of fair competition, creation of a favourable framework for the exploitation of all factors of production;

c) the protection of national interests in economic, financial and foreign exchange activity;

d) stimulating scientific research;

e) the rational exploitation of land and other natural resources in accordance with national interests;

f) the restoration and protection of the environment and the maintenance of ecological balance;

g) increasing the number of jobs, creating conditions for increasing the quality of life;

h) the inviolability of investments of natural and legal persons, including foreign ones.

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Articol  127 Property

(1) The State shall protect the property.


(2) The State shall guarantee the realization of the right of ownership in the forms requested by the holder, if they do not conflict with the interests of the company.


(3) Public property shall belong to the State or administrative-territorial units.


(4) The riches of any kind of subsoil, airspace, waters and forests used in the public interest, the natural resources of the economic zone and the continental shelf, the means of communication, and other goods established by law, shall be the exclusive subject of public property.


 

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Articol  128 Property of foreign nationals and stateless persons

(1) The property of other states, international organizations, foreign citizens and stateless persons is protected in the Republic of Moldova.


(2) The manner and conditions of the exercise of the property rights of foreign natural and legal persons, as well as stateless persons, on the territory of the Republic of Moldova are regulated by law.

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Articol  129 External economic activity.

(1) Parliament approves the main directions of external economic activity, the principles of the use of foreign loans and loans.


(2) The Government shall ensure the protection of national interests in external economic activity, promote free trade policy or protectionist policy, based on national interests.

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Articol  130 Financial-credit system

(1) The formation, administration, use and control of the financial resources of the State, administrative-territorial units and public institutions are regulated by law.


(2) The national currency of the Republic of Moldova is the Moldovan leu.


(3) The exclusive right to the monetary issue belongs to the National Bank of the Republic of Moldova, the emission is carried out according to the decision of the Parliament.

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Articol  131 National public budget

(1) The national public budget includes the state budget, the state social insurance budget and the budgets of districts, cities and villages.


(2) The Government elaborates annually the draft state budget and the state social insurance budget, which it submits, separately, to the approval of the Parliament. In case of formation of the extra-budgetary fund, it is presented for approval to the Parliament.


(3) If the state budget and the state social insurance budget were not adopted by law at least three days before the expiration of the budget year, the state budget and the state social insurance budget of the previous year shall continue to apply until the adoption new budgets.


(4) Any legislative proposal or amendment that attracts the increase or decrease of the budget revenues or loans, as well as the increase or reduction of the budget expenditures may be adopted only after they are accepted by the Government.


(5) The budgets of the districts, cities and villages are elaborated, approved and executed in accordance with the law.


(6) No budgetary expenditure may be approved without establishing the source of funding.

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Articol  132 Tax system

(1) Taxes, taxes and any other revenue of the state budget and of the state social insurance budget, of the budgets of districts, towns and villages shall be determined, in accordance with the law, by the respective representative bodies.


(2) Any other supplies shall be prohibited.

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Articol  133 Court of Auditors

(1) The Court of Auditors shall exercise control over the formation, administration and use of public financial resources.


(2) The Court of Auditors shall be composed of 7 members.


(3) The President of the Court of Auditors shall be appointed by Parliament, on a proposal from its President, for a period of 5 years. The members of the Court shall be appointed by the Parliament on a proposal from its President.


(4) The Court of Auditors shall submit annually to Parliament a report on the administration and use of public financial resources.


(5) Other powers, as well as the way in which the Court of Auditors is organised and operated, shall be determined by organic law.

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Title V
CONSTITUTIONAL COURT
Articol  134 Status

(1) The Constitutional Court is the only authority of constitutional jurisdiction in the Republic of Moldova.


(2) The Constitutional Court is independent of any other public authority and is subject only to the Constitution.


(3) The Constitutional Court guarantees the supremacy of the Constitution, ensures the realization of the principle of separation of state power into legislative power, executive power and judicial power and guarantees the responsibility of the state towards the citizen and the citizen towards the state.

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Articol  135 Powers

(1) The Constitutional Court:


a) exercises, upon notification, the control of the constitutionality of the laws, and of the decisions of the Parliament, of the decrees of the President of the Republic of Moldova, of the decisions and ordinances of the Government, as well as of the international treaties to which the Republic of Moldova is party;


b) interprets the Constitution;


c) decides on the initiatives to revise the Constitution


d) confirms the results of the republican referendums;


e) confirms the results of the election of the Parliament and of the President of the Republic of Moldova;


f) notes the circumstances that justify the dissolution of the Parliament, the dismissal of the President of the Republic of Moldova or the interim office of President, as well as the impossibility of the President of the Republic of Moldova to exercise his duties for more than 60 days;


g) resolves the exceptional cases of unconstitutionality of the legal acts notified by the Supreme Court of Justice;


h) decides on matters having as object the constitutionality of a party.


(2) The Constitutional Court carries out its activity on the initiative of the subjects provided by the Law on the Constitutional Court.

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Articol  136 Structure

(1) The Constitutional Court is composed of 6 judges, appointed for a term of 6 years.


(2) Two judges are appointed by the Parliament, two by the Government and two by the Superior Council of Magistracy.


(3) The judges of the Constitutional Court elect, by secret ballot, its president.

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Articol  137 Independence

The judges of the Constitutional Court are irremovable during their term of office, independent and are subject only to the Constitution.

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Articol  138 Conditions for appointment.

Judges of the Constitutional Court must have a higher legal background, a high professional competence and a minimum of 15 years' experience in legal activity, legal education or scientific activity.

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Articol  139 Incompatibilities

The position of judge of the Constitutional Court is incompatible with any other public or private function remunerated, except for teaching and scientific activity.

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Articol  140 Decisions of the Constitutional Court

(1) Laws and other normative acts or parts thereof shall become null and last, as soon as the appropriate decision of the Constitutional Court is adopted.


(2) The decisions of the Constitutional Court are final and cannot be appealed.

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Title VI
REVISION OF THE CONSTITUTION
Articol  141 Review initiative

(1) The revision of the Constitution may be initiated by:


a) a number of at least 200,000 citizens of the Republic of Moldova with the right to vote. Citizens initiating the revision of the Constitution must come from at least half of the second level administrative-territorial units, and in each of them at least 20,000 signatures must be registered in support of this initiative;


b) a number of at least one third of the deputies in the Parliament;


c) Government.


  (2) The draft constitutional laws shall be presented to the Parliament only together with the opinion of the Constitutional Court, adopted with the vote of at least 4 judges.

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Articol  142 Limits of revision

(1) Provisions concerning the sovereign, independent and unitary character of the State, as well as those relating to the permanent neutrality of the State, may be revised only with their approval by referendum, with the vote of the majority of the citizens entered in the electoral lists.


(2) No revision may be made if it results in the suppression of the fundamental rights and freedoms of citizens or their guarantees.


(3) The Constitution may not be revised during the period of emergency, siege and war.

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Articol  143 Law on amending the Constitution

(1) Parliament is entitled to adopt a law on the amendment of the Constitution at least 6 months after the date of submission of the corresponding initiative. The law shall be adopted by a vote of two thirds of the Members.


(2) If, since the presentation of the initiative on the amendment of the Constitution, Parliament has not adopted the corresponding constitutional law for one year, the proposal shall be deemed null and no.


 

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Articol  144 ???

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