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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of February 28, 2023 No. 6

About exceptional case of illegality of some provisions of Item of 2 subitems of b) the Orders of the Government No. 78 of February 21, 1994 about procedure for calculation of length of service, appointment and pension payment and benefits to military personnel and persons of the commanding and ordinary structure of law-enforcement bodies, to employees of the National center for fight against corruption and government employees with special status as a part of system of penitentiary administration (calculation of pension to the affiliated employees) (the address No. 45g/2021 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika Manole, chairman,

Nikolay Roshka,

Liouba Shova,

Sergey Tsurkan, judges,

with the assistance of the assistant judge Christina Kikhay,

in view of the address,

registered on March 29, 2022,

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 about exceptional case of illegality of the offer "but no more average monthly level provided for military personnel and persons of the commanding structure of the ministry from where they were recalled" in Item of 2 subitems of b) the Orders of the Government No. 78 of February 21, 1994 about procedure for calculation of length of service, appointment and pension payment and benefits to military personnel and persons of the commanding and ordinary structure of law-enforcement bodies, to employees of the National center for fight against corruption and government employees with special status as a part of system of penitentiary administration formed the basis for consideration of the case. The address about exceptional case of illegality was submitted by Anatoly Arkhip, the claimant in the matter of No. 3a-945/2021, considered in Appeal chamber Chisinau.

2. The appeal about exceptional case of illegality was sent in the Constitutional court by judicial structure of Appeal chamber Chisinau on behalf of Angela Bostan, Gennady Myr and Grigory Dashkevich according to Art. 135 of h (1) the item and) and the item g) Constitutions.

3. Determination of the Constitutional court of November 3, 2022, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the case the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government and National cash desk of social insurance.

5. Were present at open session of the Constitutional court the author of the address - Anatoly Arkhip, the representative of the author of the address - the lawyer Adrian Istrati, the representative of Parliament - Claudia Lucky, and representatives of the Government - to Alexander Yaqub, Irina Korman and Olesya Regush.

6. Plenum of the Constitutional court determination Tsurkan granted the application of the lawyer Adrian Istrati for removal of the judge of Vladimir.

Actual circumstances

A. Circumstances of the main dispute

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