RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of October 31, 2023 No. 19

About control of constitutionality of some provisions of the Law No. 1308 of July 25, 1997 on the standard price and procedure for purchase and sale of the earth (the annual rent for the lands which are in public property on which the privatized objects or objects of private property are located) (addresses No. 231g/2022 of year and No. 78a/2023 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Nikolay Roshka, chairman,

Domnika Manole,

Liouba Shova,

Sergey Tsurkan,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Dina Mustyatsa,

in view of addresses,

registered on December 27, 2022 and on March 21, 2023,

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. The address about exceptional case of illegality of Art. 4 of h formed the basis for consideration of the case (9) and Art. 10 of h (8) and h (11) the Law No. 1308 of July 25, 1997 on the standard price and procedure for purchase and sale of the earth, provided by the lawyer Tatyana Gutsa for the benefit of village council Reutsel, in the matter of No. 3a-115/2022, to Belts considered in Appeal chamber.

2. Based on the decision of village council Reutsel No. 2/7 of March 17, 2023 примар the village of Reutsel submitted the address about control of constitutionality of Art. 4 of h (9) and Art. 10 of h (11), Item 3 of the note in appendix to the Law No. 1308 of July 25, 1997 on the standard price and procedure for purchase and sale of the earth and the Law No. 8 of February 2, 2023 on modification of appendix to the Law on standard price and procedure for purchase and sale of the earth No. 1308/1997 of.

3. In view of identity of subject of addresses, the Constitutional court according to Art. 43 of the Code of the constitutional jurisdiction decided to combine them in one production, having assigned to case number 231g/2022 of.

4. Determination of the Constitutional court of July 6, 2023, without decision in essence, addresses were recognized as acceptable.

5. During consideration of the case the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government and the Congress of local government bodies in Moldova.

6. At open session of the Constitutional court there were lawyer Tatyana Gutsa and the secretary of village council Reutsel, Viorika Tkachuk. From Parliament Valery Kuchuk, the chief of service of representation took part in the Constitutional court, from the Government - Viorel Garaz, the state secretary of the Ministry of economic and digital development.

I. Circumstances of the main dispute

7. According to the decision of village council Reutsel, the area Felesht, two parcels of land on which there are infrastructure of one restaurant and cafe and long-term plantings allowing access to the national road were handed over in use.

8. Primeriya of the village of Reutsel, the area Felesht, concluded on January 14, 2013 with Tamara Rusanovski and Ivan Rusanovski, owners of the structures ensuring functioning of restaurant and cafe, two leases of two parcels of land.

9. Afterwards the decision of 2020 Reutsel established village council for the lands which are in public property where the privatized objects, the annual rent in the amount of 10% of estimated value of these lands are located.

10. Tamara Rusanovski and Ivan Rusanovski appealed on March 4, 2021 the decision of village council Reutsel in degree of jurisdiction, claiming that the local body of public management mistakenly applied provisions of the Law on standard price and procedure for purchase and sale of the earth. They noted that the regulation providing the annual rent in the amount of 0,2 of % of standard price according to Art. 10 of h (11) the Law No. 1308 of July 25, 1997 shall be applied.

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