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of April 5, 2022 No. 8

About exceptional case of illegality of Art. 25 of h (6) and Art. 32 of the Insolvency act No. 149 of June 29, 2012 (remuneration of the interim manager for the work performed during observation) (the address No. 212g/2021 of year and No. 246g/2021 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika Manole, chairman,

Nicolae Roshka,

Sergey Tsurkan,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Dina Mustyatsa,

in view of the addresses registered on October 13 and on November 8, 2021

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. Addresses about exceptional case of illegality of the text "fulfilled actually and documented" in h formed the basis for consideration of the case (6) Art. 25 and provisions of Art. 32 of the Insolvency act No. 149 of June 29, 2012, provided by Marchel Lungu managing insolvency process within the cases No. 2i-81/20 and No. 2i-2/21, considered by court of Chisinau (the main office).

2. Addresses about exceptional case of illegality were provided based on Art. 135 of h (1) to the item and) and the item g) to the Constitution.

3. Determination of the Constitutional court of January 20, 2022, without decision in essence, addresses were recognized as acceptable.

4. During consideration of the case the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government and the Union of the authorized managing directors of Moldova.

5. Were present at open session of the Constitutional court Marchel Lungu managing insolvency process, the author of addresses. The parliament was provided by Valery Kuchuk, the chief of service of representation in the Constitutional court. The government was provided by Liliana Moraru, the head of legal department of the Ministry of Economics.

Circumstances of the main disputes

1. Facts of the case No. 2i-81/20 (address No. 212g/2021 of)

6. Turinfinit LLC was submitted on March 3, 2020 by the application for excitement concerning itself insolvency process.

7. Determination of March 9, 2020 the court of Chisinau (the main office) as the degree of jurisdiction considering insolvency matter established the period of observation of the debtor and disposed about application of measures for providing the claim, having appointed Marcella Lungu the interim manager.

8. The interim manager submitted on February 8, 2021 the report on the activities and made in degree of jurisdiction the offer on initiation of process of insolvency concerning Turinfinit LLC.

9. The interim manager Marchel Lungu provided on September 30, 2021 the petition for collection from the official managing director of Turinfinit LLC of expenses and remuneration for the work performed during observation. He noted at the same time that the debtor has no sufficient means for covering of the imposed requirements. Besides, he noted that, according to Art. 32 of the Insolvency act, in case of lack of things as a part of property of the debtor or in case of their insufficiency for covering of the expenses connected with insolvency process, remuneration of the interim manager and the expenses made by it during observation of the debtor are covered solidary by members of governing bodies, participants, shareholders or the debtor's members.

10. At the same meeting Marchel Lungu provided request about exceptional case of illegality of the text "fulfilled actually and documented" in h (6) Art. 25 and provisions of Art. 32 of the Insolvency act No. 149 of June 29, 2012 concerning omission of the legislator to determine the mechanism of compensation of the money spent in the advance payment and penalties of remuneration of the interim manager in situation when the debtor did not have property.


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