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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of May 26, 2022 No. 11

About exceptional case of illegality of Art. 24 of h (1) the Law No. 156 of October 14, 1998 on the public pension system (conditions of award of pension on the occasion of loss of the supporter) (addresses No. 158g/2021 of year and No. 179g/2021 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 Vasily Opr,

in view of the addresses registered on July 8 and on July 27, 2021

having considered the specified addresses in open plenary meeting,

considering acts and case papers,

having carried out discussion in the consultative room on May 26, 2022,

issues the following decree.

Points of order

1. Addresses about exceptional case of illegality of Art. 24 of h formed the basis for consideration of the case (1) the Law No. 156 of October 14, 1998 on the public pension system, provided at the initiative of Andrey Mandraburke's lawyers within the case No. 3ra-692/21, considered by the Highest trial chamber, and to Aurelia Bagrin within the case No. 3a-1516/21, considered by Appeal chamber Chisinau.

2. Appeals about exceptional case of illegality were sent in the Constitutional court by judicial structures of the Highest trial chamber on behalf of Tamara Kishka-Doneva, Maria Gervas, Nina Vaskan, Nikolay to Edge and Victor Burdukh and Appeal chamber Chisinau on behalf of Angela Bostan, Veronika Negru and Grigory Dashkevich based on Art. 135 of h (1) the item and) and the item g) Constitutions.

3. In view of identity of subject of addresses No. 158g/2021 and No. 179g/2021, the Constitutional court according to provisions of Art. 43 of the Code of the constitutional jurisdiction combined them in one case at No. 158g/2021.

4. Determination of the Constitutional court of February 15, 2022, without decision in essence, addresses were recognized as acceptable. The author of the address No. 158g/2021 provided on May 24, 2022 amendment to the address. Analyzed the arguments supplementing the address, the Constitutional court together with merits of case.

5. During consideration of the case the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova and the Government. The constitutional court received opinions of amicus curiae of Council for prevention and elimination of discrimination and to ensuring equality and the national lawyer.

6. At open session of the Constitutional court there were lawyer Andrey Mandraburke, the representative of the author of the address No. 158g/2021. The parliament was provided by the main consultant of service of representation in the Constitutional court and law enforcement agencies of the head legal department of the Secretariat of Parliament Rada Rada. From the Government Tatyana Kasapu, the head of department concerning social insurance of the Ministry of Labour and social insurance, and Olesya Regush, the deputy chief of legal management of National cash desk of social insurance participated.

Circumstances of the main disputes

Facts of the case No. 3ra-692/21 (address No. 158g/2021 of)

7. Claudia Mandraburke after the death of the husband filed on January 31, 2020 in National cash desk of social insurance petition for award of pension on the occasion of loss of the supporter.

8. The national cash desk the letter of March 3, 2020 rejected the statement, having noted that because her died spouse received special pension, she has no pension entitlement on the occasion of loss of the supporter.

9. Claudia Mandraburke took a legal action on June 22, 2020 with the requirement to oblige National cash desk of social insurance to publish the administrative act about award of pension on the occasion of loss of the supporter.

10. The court of Chisinau (sector Ryshkan) passed on October 29, 2020 the decision on partial satisfaction of the action for declaration and obliged National cash desk of social insurance to publish the administrative act and to grant pension on the occasion of loss of the supporter in the amount of 50% of pension of the died spouse.

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