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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of June 30, 2020 No. 18

About control of constitutionality of Art. 76-1 of h (1) the Code about offenses (non-compliance with measures for prevention, the prevention and/or fight against epidemic diseases if it threatened public health) (addresses No. 61a/2020, No. 62a/2020 and No. 67g/2020)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika Manole, chairman,

Eduard Ababey,

Nicolae Roshka,

Liouba Shova,

Sergey Tsurkan,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Christina Kikhay,

in view of addresses,

registered on April 27, 2020, on April 28, 2020.

and on May 6, 2020,

having considered the specified addresses 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 addresses about constitutionality control brought into the Constitutional court on April 27, 2020, on April 28, 2020 and on May 6, 2020 formed the basis for consideration of this case.

2. Two addresses deputies of Parliament of the Republic of Moldova Octavian Tsyku (the address No. 61a/2020) and Vasile-Andrey Nestas (the address No. 62a/2020) according to Art. 135 of h (1) the item a) provided Constitutions, to Art. 25 of the item g) the Law on the Constitutional court and Art. 38 of h (1) the item g) the Code of the constitutional jurisdiction.

3. In the address No. 61a/2020 implementation of the constitutional control of Art. 76-1 of h is requested (1) the Code about offenses.

4. In the address No. 62a/2020 implementation of the constitutional control of Art. 76-1 of h is requested (1) the Code about offenses, Art. 4 of h (2) the Law No. 212 of June 24, 2004 on the modes of emergency, obsidional and warlike situation, and also provisions of Items 4-11, 22-40 and 45 of the Decision of the Commission on emergency situations of the Republic of Moldova No. 4 of March 24, 2020.

5. Subject of the address No. 67g/2020 about exceptional case of illegality also is the punishment prescribed by Art. 76-1 of the Code about offenses. The address was provided at the request of lawyers Alexander Chebanash and Alexander Karapunarla who protect interests of Brutaria din sat LLC, within case No. 5r-1451/2020, considered by court of Chisinau, Chokan's sector. This appeal was sent in the Constitutional court according to Art. 135 of h (1) the item a) also by the item g) Constitutions the judge the vessels Chisinau, Chokan's sector Sergey Papukha who satisfied request of lawyers only concerning implementation of the constitutional control of the punishment established h (1) with Art. 76-1 of the Code about offenses.

6. Without decision on the merits of the case, addresses were recognized as determination of the Constitutional court of May 18, 2020 accepted only concerning implementation of the constitutional control of Art. 76-1 by h (1) the Code about offenses.

7. In view of identity of subject of the provided addresses concerning the constitutional control of Art. 76-1 of h (1) the Code about offenses, the Constitutional court according to provisions of Art. 43 of the Code of the constitutional jurisdiction united them in one production, having appropriated to case No. 61a/2020.

8. During consideration of addresses the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government, the Government agent, the National lawyer, Institute of reforms in the criminal sphere, Institute of development and social initiatives of "Viitorul" and the Union of lawyers.

9. The lawyer Victor Pantsyru, the representative Octavian Tsyka, the author of the address No. 61a/2020, Vasile-Andrey Nestas, the author of the address No. 62a/2020, assisted by the lawyer Dorin Botnarenko, lawyers to Alexander Chebanash and Alexander Karapunarly, authors of the address No. 67g/2020 participated in open session of the Constitutional court. From Parliament the main consultant of service of representation took part in the Constitutional court and law enforcement agencies of general legal management of the Secretariat of Parliament Rada Rada. From the Government the state secretary of the Ministry of Justice Doreen Lishman, the secretary general of the Ministry of Internal Affairs Janusz Erkhan and the chief of legal management of the General inspectorate of police Viorel Cherneutsanu took part.

Actual circumstances

A. Circumstances of the main dispute

The facts of the case about offense No. 5r-1451/2020

10. The stating subject of the National patrol inspectorate of the General inspectorate of police constituted on April 10, 2020 the protocol concerning Brutaria din sat LLC in connection with making of the offense provided by Art. 76-1 of h (1) the Code about offenses, and based on this Article the penalty in the amount of 1000 conventional units - in leevy equivalent 50000 imposed on the company.

11. The managing director of Brutaria din sat LLC Lilia Ciobanu appealed the protocol and the decision on imposing of punishment for offense in court of Chisinau, Chokan's sector.

12. During judicial session of May 5, 2020 the lawyer to Alexander Chebanash protecting interests of Brutaria din sat LLC sent request about exceptional case of illegality concerning the punishment prescribed by Art. 76-1 of the Code about offenses.

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