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DETERMINATION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of July 14, 2003 No. 5

About suit abatement about control of constitutionality of some provisions of the Law on the budget of the national social insurance for 2003 No. 1519-XV of December 6, 2002

Constitutional court in structure:

Victor PUSKAS is chairman, the judge-speaker

Mircha of the SOUTH - the judge

Konstantin LOZOVANU is judge

To Dumitr PULBERE - the judge

Elena SAFALERU is judge

Ion VASILATI is judge

with the assistance of Maya Tsurkan, the secretary of meeting, being guided by Art. 135 of h (1) the item and) Constitutions, Art. 4 of h (1) the item and) the Law on the Constitutional court and Art. 16 of the Code of the constitutional jurisdiction, N1519-XV of December 6, 2002 considered case on control of constitutionality of some provisions of the Law on the budget of the national social insurance for 2003.

The address of deputies of Parliament Yuriye Roshk, Vlad Kubryakov and Stefan Sekerjanu provided on May 6, 2003 according to Art. 24 and Art. 25 of the item g) the Law on the Constitutional court, Art. 38 of h formed the basis for consideration of the case (1) and Art. 39 of the Code of the constitutional jurisdiction.

The address was accepted determination of the Constitutional court of May 27, 2003 to consideration on the merits.

During preliminary consideration of the address the Constitutional court requested the points of view of Parliament, the President of the Republic of Moldova, the Government, the Ministry of Justice, the Ministry of Labour and Social Protection, the Ministry of Finance, the Ministry of Economics, National cash desk of social insurance, the Union of notaries.

Having considered case papers, having heard the message of the judge-speaker, the Constitutional court established:

On December 6, 2002 the Parliament adopted the Law on the budget of the national social insurance for 2003 of N1519-XV*. According to the subitem h) Item 1 of the Appendix N4 to the Law on the budget of the national social insurance for 2003 the lawyers and notaries who obtained the license in the procedure established by the law irrespective of form of business shall pay the fixed monthly rate estimated from 29% to the calculation base equal to three average monthly salaries on economy predicted for 2003.

The provisions of this law were challenged by deputies of Parliament of Yuriye Roshk, Vlad Kubryakov and Stefan Sekerjanu as the h contradicting provisions of Art. 43 (1), Art. 47 of h (1) and Art. 58 of the Constitution.

On July 11, 2003 based on Art. 31 of the h. (3) the Code of the constitutional jurisdiction authors appealed to the Constitutional court with request about withdrawal of the address on the bases that the Parliament adopted on May 15, 2003 the Law N204-XV "About Modification and Amendments in the Appendix N4 to the Law on the Budget of the National Social Insurance for 2003 N1519-XV of December 6, 2002" **, changed conditions of calculation of fees to social insurance depending on monthly receipts to lawyers for the rendered services.

According to provisions of Art. 60 of the item and) the Code of the constitutional jurisdiction in case of withdrawal of the address the Constitutional court stops proceeedings.

Considering stated, being guided by Art. 140 of the Constitution, Art. 26 of the Law on the Constitutional court, Art. 60 of the item and), Art. 61 of h (1) and (3), Art. 64 of the Code of the constitutional jurisdiction, the Constitutional court DETERMINES:

1. Stop proceeedings about control of constitutionality of some provisions of the Law on the budget of the national social insurance for 2003 of N1519-XV of December 6, 2002.

2. This determination is final, is not subject to appeal, becomes effective from the date of acceptance and is published in "Monitorul Oficial al Republicii Moldova".

__________________________________

* M.O., 2002, N 190-197, Art. 1439

** M.O., 2003, N 87-90, Art. 410

 

Chairman of the Constitutional court

Victor Puskas

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