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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of September 21, 2021 No. 29

About control of constitutionality of the Law No. 244 of December 16, 2020 on modification of some regulations (powers of National authority on integrity) (the address No. 209a/2020 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika Manole, chairman,

Nicolae Roshka,

Liouba Shova,

Sergey Tsurkan,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Georgy Renitse,

in view of the address,

registered on December 21, 2020,

having considered this 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 brought into the Constitutional court on December 21, 2020 by the deputy of Parliament of the Republic of Moldova Serdzhiu Litvinenko according to the procedure of Article 135 of h (1) the item and) formed the basis for consideration of the case to the Constitution, Article 25 of the item g) the Law on the Constitutional court and Article 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 Law No. 224 of December 16, 2020 on modification of some regulations which made changes to the Law No. 132 of June 17, 2016 on National authority on integrity, the Law No. 133 of June 17, 2016 on declaring of property and private interests and the Code of penal procedure.

3. Operation of the Law No. 244 of December 16, 2020 on modification of some regulations was suspended by determination of the Constitutional court No. 149 of December 21, 2020 before substantive prosecution.

4. Determination of the Constitutional court of June 1, 2021, without decision in essence, the address was acknowledged acceptable.

5. During consideration of the case the Constitutional court requested opinions of the Presidency, Prosecutor's office, the National center for fight against corruption, National authority on integrity, Institute of legal, political and social researches and Institute of criminal reforms.

6. Were present at open session of the Constitutional court: representative of Parliament Rada Rada and representative of the Government Veronika Mikhaylov Moraru.

Actual circumstances

7. In the Secretariat of Parliament the bill No. 495 on introduction of amendments to the Law on National authority on integrity was registered on December 4, 2020, and on December 10, 2020 it was considered by the Commission on points of law, appointments and immunity.

8. The parliament of the Republic of Moldova accepted on December 16, 2020 in the first and in the second reading the bill No. 495 of December 4, 2020 which became the Law No. 244 of December 16, 2020 on modification of some regulations.

9. This law makes changes to the Law No. 132 of June 17, 2016 on National authority on integrity (Articles 26, of 32 h (1), 36 h (1), 39, 40, 41 and part 2 of Chapter IV), to the Law No. 133 of June 17, 2016 on declaring of property and private interests (Article 23) and to the Code of penal procedure (Article 273 of h (1) and 276-1).

Applicable legislation

10. 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 20 Open entry to justice

"(1) Any person has the right to effective recovery in the rights by competent courts in case of violation of its rights, freedoms and legitimate interests.

[…]".

Article 22 Irreversibility of the Law

"Nobody can be condemned for actions or for failure to act which at the time of their making did not constitute crime. Punishment heavier cannot be also imposed, than that which could be applied at the time of crime execution".

Article 23 Right of Each Person to Knowledge of the Rights and Obligations

"(1) Each person has the right to recognition of its legal personality.

(2) the State provides the right of each person to knowledge of the rights and obligations. For this purpose the state publishes all laws and other regulations and provides their availability".

Article 64 Internal organization

"(1) the Structure, the organization and activities of Parliament are determined by regulations. Sources of financing of Parliament are provided in the budget approved by it.

[…]".

Article 72 Types of the laws

"(1) the Parliament adopts the constitutional, organic and ordinary laws.

[…]

(3) are regulated by the Organic law:

[…]

c) organization and activities of Parliament;

[…]".

Article 73 Legislative initiative

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