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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of February 18, 2003 No. 6

About control of constitutionality of separate provisions of the Law No. 461-XV of July 30, 2001 "About the market of oil products" * in edition of the Law No. 930-XV of March 22, 2002 ** and separate provisions of the Order of the Government No. 1027 of October 1, 2001 "About some measures for accomplishment of the Law on the market of oil products" ***, with subsequent changes and amendments ****

Name of the Republic of Moldova

Constitutional court in structure:

Victor PUSKAS is chairman

Mircha of the SOUTH - the judge

Konstantin LOZOVANU is judge

To Dumitr PULBERE - the judge-speaker

Elena SAFALERU is judge-speaker

Ion VASILATI is judge with the assistance of Maya Tsurkan, the secretary of meeting, George Susarenko and Bogdan Chibotara, representatives of authors of the address of deputies of Parliament Yuriye Roshk, Vlad Kubryakov and Stefan Sekerjanu, representatives of Parliament Ion Mytsu and Evlampiye Donos, representatives of the Government Vasile Mamaliga and Felix Vyrlan, in the absence of the deputy of Parliament Mikhail Plemedyale, the author of the address invited in accordance with the established procedure, being guided by Art. 135 of h. (1) the item a) Constitutions, Art. 4 of h (1) the item and) the Law on the Constitutional court, Art. 4 of h (1) the item and) and Art. 16 of h (1) the Code of the constitutional jurisdiction, considered in open plenary meeting case on control of constitutionality of separate provisions of the Law N461-XV of July 30, 2001 "About the market of oil products" in edition of the Law N930-XV of March 22, 2002 and separate provisions of the Order of the Government N1027 of October 1, 2001 "About some measures for accomplishment of the Law on the market of oil products" with the changes made by the orders of the Government N1322 of November 29, 2001 and N435 of April 10, 2002.

The address of deputies of Parliament Yuriye Roshk, Vlad Kubryakov, Stefan Sekerjanu and the address of the deputy of Parliament Mikhail Plemedyale provided on September 3 and on October 15, 2002 according to Art. 24 and 25 of the item g) the Law on the Constitutional court, Art. 38 and 39 of the Code of the constitutional jurisdiction formed the basis for consideration of the case.

Addresses were accepted by determinations of the Constitutional court of October 7 and 28, 2002 to consideration on the merits and are integrated in one production.

During preliminary consideration of addresses the Constitutional court requested the points of view of Parliament, the President of the Republic of Moldova, the Government, the Ministry of Justice, the Prosecutor General's Office, Consolidation of entrepreneurs, importers and implementors of Importcompetrol oil products, National regulation agency in power industry of the Republic of Moldova, Department of standardization and metrology.

Having considered case papers, having heard the message of judges-speakers and arguments of the parties, the Constitutional court established:

1. For the purpose of forming of organizational, legal and economic basis of ensuring economic safety of the country and regulation of activities for import, transportation, storage and trade in oil products in the domestic market on July 30, 2001 the Parliament adopted the Law N461-XV "About the Market of Oil Products" to which on March 22, 2002 the Law N930-XV made changes (further - the Law N461-XV).

In pursuance of the Law N461-XV and for the purpose of ensuring energy security of the country and stable supply of consumers with oil products on October 1, 2001 the Government accepted the Resolution N1027 "About Some Measures for Accomplishment of the Law on the Market of Oil Products" which separate provisions were changed by the orders of the Government N1322 of November 29, 2001 and N435 of April 10, 2002 (further - the Resolution N 1027).

2. Authors of addresses dispute Art. 10 of h (1) the Law N461-XV according to which costs for the activities of the National agency on regulation in power performed by it in the market of oil products become covered at the expense of collectable regulated payment which is established at the sufficient level based on the licenses of calculations of amounts of the imported main types of oil products and the liquefied gas provided by owners, and h (2), determining that the budget of the agency affirms the Government as amount of 0,06-0,09 of percent of annual value of the main types of oil products and the liquefied gas delivered to consumers of electricity, natural gas, imported; Art. 13 of h (1) and h (3), the establishing special conditions for issue of import licenses and retail trade by main types of oil products.

In the address are also disputed Item 3 part two of the Order of the Government N1027 with the changes made by resolutions 1322 and N 435, according to which the main imported oil products are transported by railway, road and river transport. Import of the main oil products will be made in the sea (river) way only through customs clearance station of Dzhyurdzhyulesht, and road transport - through customs clearance station of Leushen; and item 4 subitems and) and b) in edition of the Order of the Government N 1322, determining that to economic agents licenses for activities on import of oil products are granted in case of submission of the documents confirming availability of own oil tankages or at least 5 thousand CBM and availability of equity leased in the country by capacity, equivalent at least 750000 US dollars.

3. Having considered the challenged provisions of the Law on the market of oil products and the Order of the Government N 1027, with subsequent changes and amendments, in the ratio with the constitutional regulations, the Constitutional court notes the following.

Proceeding from the constitutional provisions of Art. 60 of h (1), Art. 66 of the item a), Art. 72 of h (3) the item r), Parliament as the supreme representative body and the single legislature of the state having the right to regulate for the purpose of ensuring economic safety of the country organizational, legal and economic basis of activities for import, transportation, storage and trade in oil products as strategic product with the special mode of action, in the domestic market, and also to establish participants status of these relations.

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