Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of October 9, 2003 No. 21

About control of constitutionality of some provisions of the Law on consumer cooperation No. 1252-XIV of September 28, 2000 * in edition of the Law No. 61-XV of February 21, 2003 "About modification and amendments in the Law on consumer cooperation No. 1252-XIV of September 28, 2000" **

Name of the Republic of Moldova

Constitutional court in structure:

Victor PUSKAS is chairman

Mircha of YUGA - the judge

Konstantin LOZOVANU is judge-speaker

To Dumitr PULBERE - the judge

Elena SAFALERU is judge

Ion VASILATI is judge with the assistance of Maya Tsurkan, the secretary of meeting, Ion Mytsu, the permanent representative of Parliament in the Constitutional court, Vlad Plemedyale, the representative of authors of the address, deputies of Parliament Yuriye Roshk and Vlad Kubryakov, being guided by Art. 135 of the h. (1) item and) Constitutions, Art. 4 of the h. (1) item and) Law on the Constitutional court, Art. 4 of the h. (1) item and) and Art. 16 of the h. (1) the Code of the constitutional jurisdiction, considered in open plenary meeting case on control of constitutionality of some provisions of the Law on consumer cooperation of N1252-XIV of September 28, 2000 in edition of the Law N61-XV of February 21, 2003 "About modification and amendments in the Law on consumer cooperation of N1252-XIV of September 28, 2000".

The address of deputies of Parliament Yuriye Roshk and Vlad Kubryakov provided on April 22, 2003 according to provisions of Art. 24 and Art. 25 of the item g) the Law on the Constitutional court, Art. 38 of the h formed the basis for consideration of the case. (1) item g) and Art. 39 of the Code of the constitutional jurisdiction.

The address was accepted determination of the Constitutional court of May 12, 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 and the Central union of consumer cooperatives of the Republic of Moldova.

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

1. On February 21, 2003 the Parliament adopted the organic Law N61-XV "About Modification and Amendments in the Law on Consumer Cooperation of N1252-XIV of September 28, 2000" (further - the Law N61-XV).

Texts of the law which constitutionality is challenged by authors of the address have the following content:

- Art. 37" (3) the Local meeting is competent if at least a half of number of unitholders of this site participate in it";

- Art. 39" (4) Members of administrative board cannot be at the same time members of executive bureau";

- Art. 39" (5) as a part of administrative board workers of consumer cooperation cannot constitute more than 1/3 numbers of his members";

- Art. 42" (4) the chairman who shall know system of consumer cooperation directs Executive bureau and have work experience in the field of economy at least three years";

- Art. 56" (6)... which shall know system of consumer cooperation and have work experience in the field of economy at least three years";

- Art. 59" (3) the Meeting of executive bureau of the territorial union is competent if at least 2/3 numbers of the elected members take part in it. Decisions of executive bureau are made at least than 2/3 voices of the present members";

- Art. 60" (4) the chairman who shall know system of consumer cooperation directs Executive bureau and have work experience in the field of economy at least three years";

- Art. 73" (3) the Congress of consumer cooperation is competent if at least 2/3 numbers of representatives of the organizations of consumer cooperation - members of the union participate in it";

- Art. 75" (6)... which shall know system of consumer cooperation and have work experience in the field of economy at least three years";

- Art. 76" (4) as a part of administrative board workers of consumer cooperation cannot constitute more than 1/3 numbers of his members";

- Art. 78" (3) the Meeting of executive bureau of the territorial union is competent if at least 2/3 numbers of the elected members take part in it. Decisions of executive bureau are made at least than 2/3 voices of the present members";

- Art. 79" (4) the chairman who shall know system of consumer cooperation directs Executive bureau and have work experience in the field of economy at least three years";

- Art. 109" (2) the Shares belonging to unitholders of consumer cooperatives as of January 1, 1992 are indexed to complete share in the amount of 30 lei. Unitholders whose shares are indexed are recovered in the relevant consumer cooperatives";

- the Art. II" (1) Within six months from the date of entry into force of this law:

1) governing bodies of consumer cooperatives:

a) review registers of unitholders and make the changes concerning shares of unitholders;

b) recover as unitholders of persons expelled from consumer cooperatives which shares are indexed;

2) in case of reorganization of consumer cooperatives of person which shares are indexed are recovered in consumer cooperatives - legal successors;

3) in case of the problems connected with recovery of membership in consumer cooperatives, the Administrative board of the Central union of consumer cooperatives makes the decision concerning in what consumer cooperative person shall be recovered;

4) from indivisible property of consumer cooperation is given:

a) from the Central union of consumer cooperatives of 49 percent - to the organizations of consumer cooperation - members of the union;

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