of October 21, 2004 No. 24
About control of constitutionality of Items 6, 7 and 8 Orders of the Government No. 834 of July 26, 2004 "About some measures for purchasing control and export grain and grain products"
Name of the Republic of Moldova
Constitutional court in structure:
Victor PUSKAS is chairman
Alina YANUCHENKO is judge
Mircha of the SOUTH - the judge
To Dumitr PULBERE - the judge
Elena SAFALERU is judge-speaker
Ion VASILATI is judge with the assistance of Maya Tsurkan, the secretary of meeting, deputies of Parliament Valeriu Kosarchuk and Mihai Petrake, authors of addresses, representatives of the Government: Nicolae Eshana, the deputy minister of justice, Tudor Shtirbu, the deputy chief of legal management of the State office of the Republic of Moldova, Korneliu Trofeile, the acting as the head of department of customs law and external relations of Customs department, Sevastian Dontsu, the deputy head of department of agricultural industry and environment of the State office of the Republic of Moldova, Semiona Boran, the director of the department of trade, Igor Dodon, the president of Universal commodity exchange of Moldova, in the absence of the deputy of Parliament Dumitra Bragish, the author of the address informed in accordance with the established procedure, 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 h. (1) the Code of the constitutional jurisdiction, considered in open plenary meeting case on control of constitutionality of Items 6, 7 and 8 Orders of the Government No. 834 of July 26, 2004 "About some measures for purchasing control and export grain and grain products".
Formed the basis for consideration of the case the addresses of deputies of Parliament of Mihai Petrake, Dumitra Bragish and Valeriu Kosarchuk provided on August 9 and on September 8, 2004 according to provisions of Art. 24 and Art. 25 of the Law on the Constitutional court, Art. 38 and Art. 39 of the Code of the constitutional jurisdiction.
Were accepted by determinations of the Constitutional court of August 23 and on September 13, 2004 the appeal 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 Ministry of Agriculture and the food industry, the Ministry of Finance, the Ministry of Economics, the Prosecutor General's Office, Customs department, Department of trade, the State agency on material reserves and the humanitarian assistance, Universal commodity exchange of Moldova, Licensed chamber, the Center of strategic researches and reforms, National federation of farmers of Moldova, the Republican union of associations of agricultural producers "UniAgroProtect", Association of patronages of exporters and importers of agricultural products and grain crops of "Agrocer", the Program for assistance to private farmers.
Having considered case papers and the provided points of view, having heard the message of the judge-speaker and arguments of the parties, the Constitutional court established:
1. On July 26, 2004 the Government accepted the Resolution No. 834 "About some measures for purchasing control and export grain and grain products" * (further - the Resolution No. 834).
By Items 6, the 7 and 8 resolutions Government are approved by the inventory which export is performed through Universal commodity exchange of Moldova; determines that commodity export, specified in appendix No. 2 to the resolution (wheat and meslin, barley, flour wheat or wheat and rye), is performed on the basis of the agreements registered during the exchange biddings at the Universal trade exchange of Moldova. The import permit of the goods specified in appendix No. 2, will be issued by Customs department after registration of contracts at Universal commodity exchange of Moldova.
It agrees to the approvals stated in the address provisions of Items 6, 7 and 8 protectionist and exclusive conditions for activities of one economic agent - Universal commodity exchange of Moldova are created, violating at the same time the rights of producers, purchasers and exporters of wheat, meslin, flour wheat or wheat and rye and ignoring their interests. The resolution No. 834 has no the economic case caused by objective circumstances: drought, flood, war, hunger, other exclusive situations.
In one of addresses legal reasons for adoption of the Resolution No. 834 are exposed to criticism and it is specified that Items 6, of the 7 and 8 resolution "are measures of restrictive nature and have no legal reasons in the Law No. 1031-XIV, have no the legislative, economic and logical motivation based on national interest, and attempt of the Government to prove the disputed resolution on the Commodity exchange act... does not maintain any legislative and logical criticism".
3. Having correlated the challenged Resolution No. 834 provisions to regulations of the Constitution, other laws, the Constitutional court notes the following.
The legal basis in the field of the economic relations is constituted by the Constitution, the laws and resolutions of Parliament, the resolution and ordinances of the Government, other regulations in the field.
According to Art. 126 of the h. (1), h. (2) the item b) and the item c) of the Constitution the economy of the Republic of Moldova is market, socially oriented, based on private and public property and free competition. The state shall provide: freedom of trade and business activity, protection of fair competition, creating favorable conditions for use of all production factors, protection of national interests in the field of economic, financial and currency activity.
The economic policy is component of domestic and foreign policy of the state. The main directions of domestic and foreign policy of the state affirm Parliament, and ensuring its carrying out is performed by the Government (Art. 66 of the item d) and Art. 96 of the h. (1) Constitutions).
In foreign economic activity the Government provides protection of national interests, pursues policy of free exchange or protectionism, proceeding from national interests (Art. 129 of the h. (2) Constitutions).
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