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Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of July 19, 2016 No. 19

About exceptional case of illegality of some instructions of the Law No. 156-XIV of October 14, 1998 on pensions of the national social insurance and Regulations on payment procedure of pensions in system of the national social insurance and the public social benefits approved by the Order of the Government No. 929 of August 15, 2006 (pension payment in retroactive procedure) (the address No. 67g/2016)

Constitutional court in structure:

To Alexander Tenase, chairman,

Aurel Beeshu,

Igor Dolya,

Victor of Pop,

Vyacheslav Zaporozhan, judges,

with the assistance of the secretary of meeting Eudzheniu Osipov,

in view of the address provided and registered on June 7, 2016

having considered the specified address in open plenary meeting, considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree:

Points of order

1. The address about exceptional case of illegality of some instructions of the Law No. 156-XIV of October 14, 1998 on pensions of the national social insurance and Regulations on payment procedure of pensions in system of the national social insurance and the public social benefits approved by the Order of the Government No. 929 of August 15, 2006 provided according to the petition of the lawyer Dorin Chimil within case No. 2a-698/16, of Belts considered by Appeal chamber formed the basis for consideration of the case.

2. The address was brought into the Constitutional court on June 7, 2016 by judicial structure of Appeal chamber of Belts on behalf of Tatyana Duca, Prokopcuka and Elena Grumez's Stele according to provisions of Art. 135 of the h. (1) the item and) and the item g) Constitutions, in the light of its interpretation by the Resolution of the Constitutional court No. 2 of February 9, 2016, and also according to Regulations on procedure for consideration of the addresses brought into the Constitutional court.

3. Having given as the reference of Article 46, 47 and 54 h. (2) Constitutions, the author of the address asks to exercise the constitutional control of following provisions according to the procedure of exceptional case of illegality:

a) syntagmas of "the valid no more than six months in a row" h. (3) Art. 34 of the Law No. 156-XIV of October 14, 1998 on pensions of the national social insurance;

b) Art. 35 of the h. (1) the Law No. 156-XIV of October 14, 1998 on pensions of the national social insurance;

c) syntagmas "which is valid no more than six months in a row" in the second paragraph of Item 5 of the Regulations on payment procedure of pensions in system of the national social insurance and the public social benefits approved by the Order of the Government No. 929 of August 15, 2006;

d) syntagmas "no more than for 3 years, preceding day of the address, and not earlier than date of the termination" in Item 20 of the Regulations on payment procedure of pensions in system of the national social insurance and the public social benefits approved by the Order of the Government No. 929 of August 15, 2006.

4. Determination of the Constitutional court of June 14, 2016, without decision in essence, the address was acknowledged acceptable.

5. During consideration of the address the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government and the Ministry of Labour, Social Protection and Family.

6. In open plenary meeting the address was supported by the author, the lawyer Doreen Chimil. The parliament was represented by Serdzhiu Bivol, the head of department of general legal management of the Secretariat of Parliament. From the Government Rusu, the head of department of the Ministry of Labour, Social Protection and Family on development of policy of social security, Tatyana Kasapu, the chief of legal management, and Mikhail Zegeryanu, the head of department of National cash desk of social insurance on social payments took part Nesle.

Circumstances of the main dispute

7. V. K. signed on October 31, 2008 the warrant for receipt the authorized representative of its long-service pension. The power of attorney was drawn up for six months – the deadline provided by Art. 34 of the h. (3) Pensions act of the national social insurance. Operation of the power of attorney came to an end on April 31, 2009. After the specified term the applicant did not receive pension any more.

8. In November, 2008 V. K. went abroad. In January, 2015 V. K. addressed to territorial cash desk of social insurance of the area Edinets (further – TKSS) with the statement for payment of pension to it for the entire period while it was absent, and also penalty fee for overdue payments.

9. In the letter of January 28, 2015 of TKSS Edinets informed the applicant that, according to provisions of Art. 35 of the h. (1) the Pensions act of the national social insurance, the granted and timely not demanded pension is paid no more than in three years which passed about day of the address. Also territorial cash desk notified him that pension payment was suspended since July 1, 2009 because for a long time he did not declare himself.

10. V. K. took a legal action on February 12, 2015 the area Edinets with the claim to TKSS Edinets, having demanded to pay it from the budget of the national social insurance not received long-service pension and penalty fee for overdue payments.

11. The court of the area Edinets satisfied with the decision of May 22, 2015 the claim of the applicant in full. TKSS of Units appealed on June 8, 2015 the judgment in appeal procedure and demanded it to cancel, to pass the new decision and to reject the statement.

12. The appeal chamber of Belts granted on October 15, 2015 the application, cancelled the judgment of the area Edinets of May 22, 2015 and passed the new decision on suit abatement.

13. As a result of consideration of the writ of appeal of the lawyer Dorin Chimil the Highest trial chamber cancelled on January 20, 2016 the decision of Appeal chamber of Belts and directed case to rewatching.

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