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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of January 12, 2021 No. 2

About control of constitutionality of some provisions of Art. 1 of the Law No. 296 of November 23, 1994 on interpretation of separate provisions of the Law No. 1225 of December 8, 1992 on recovery of victims of political repressions (the right of persons who were born in places of special content or along the line to them) (the address No. 109a/2020)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika MANOLE, chairman,

Nicolae ROSHKA,

Liouba of SHOVA,

Sergey TSURKAN,

Vladimir TSURKAN, judges,

with the assistance of the assistant judge Dina Mustyatsa,

in view of the address,

registered on July 6, 2020,

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 of the deputy of Parliament of the Republic of Moldova Octavian Tsyka brought into the Constitutional court on July 6, 2020 according to Art. 135 of h (1) the item a) formed the basis for consideration of the case to the Constitution, 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.

2. The author of the address asks the Constitutional court to check constitutionality of the offer containing in Art. 1 of the Law No. 296 of November 23, 1994 on interpretation of separate provisions of the Law No. 1225 of December 8, 1992 on recovery of victims of political repressions: "The children of repressed persons born in scrap in places of special content or along the line to them are considered as the children born in scrap before repression".

3. In the author's opinion addresses, the challenged provisions contradict Art. 1 of h (3), Art. 4 and Art. 16 of the Constitution.

4. Determination of the Constitutional court of September 24, 2020, without decision on the merits of the case, 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, the Prosecutor General's Office and the national lawyer.

6. At open session of the Constitutional court there were Octavian Tsyku, the author of the address, the deputy of Parliament of the Republic of Moldova, and Rada Rada, the main consultant of service of representation at the Constitutional court and law enforcement agencies of general legal management of the Secretariat of Parliament.

Actual circumstances

7. Since November 7, 1917, in the territory of the Republic of Moldova state bodies in the period of totalitarian regime make number of mass political repressions. In the course of hearing of cases in the period of totalitarian regime by the state administrative, judicial and extrajudicial bodies roughly violated the rights and freedoms of citizens.

8. Having condemned the political repressions made by totalitarian regime and for the purpose of recovery of victims of repressions, their recovery in the political, social and civil laws, compensations of the caused material damage, and also elimination of other effects of arbitrary behavior of totalitarian regime by it, the Parliament of the Republic of Moldova adopted on December 8, 1992 the Law No. 1225 on recovery of victims of political repressions.

9. This law ranked as category of the victims of political repressions and "the children who were born in places of repressions or on the way to them" as potential beneficiaries of the rehabilitation including and certain rights, benefits and legal privileges.

10. The law No. 296 of November 23, 1994 on interpretation of separate provisions of the Rehabilitation act of the victims of political repressions Parliament, having given, inter alia, official interpretation of the phrase "the children who were born in places of repressions or on the way to them", determined that "the children of repressed persons born in scrap in places of special content or along the line to them are considered as the children born in scrap before repression". The author of the address asks to exercise the constitutional control of the specified provisions.

Applicable legislation

11. Applicable provisions of the Constitution:

Article 1 State Republic of Moldova

"[…]

(3) the Republic of Moldova - the democratic constitutional state in which advantage of the person, its rights and freedom, free development of the human person, justice and political pluralism are the supreme values and are guaranteed".

Article 4 of the Human right and freedom

"(1) the Constitutional regulations on human rights and freedoms are interpreted and applied according to the Universal Declaration of Human Rights, pacts and other agreements, one of the parties of which is the Republic of Moldova.

(2) with discrepancies between pacts and agreements on fundamental human rights, one of the parties of which is the Republic of Moldova, and the internal laws the international standards have priority".

Article 16 Equality

"(1) the Respect and protection of the personality constitute paramount obligation of the state.

(2) All citizens of the Republic of Moldova are equal before the law and the authorities irrespective of race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status or social origin".

Article 28 Intimate, family and private life

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

Article 47 Right to social insurance and protection

"(1) the State shall take measures for providing to any person of worthy living standards, potrebny for maintenance of health and welfare him and his family, including food, clothes, the dwelling, medical care and necessary social servicing.

(2) Citizens have right to social insurance in case of unemployment, diseases, disability, widowhood, approaches of old age or in other cases of loss of means of livelihood on the circumstances which are not depending on them".

12. Applicable provisions of the Law No. 1225 of December 8, 1992 on recovery of victims of political repressions:

Article 1 Concept of Political Repression

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