of April 25, 2006 No. 1
Under the bill on offer exception "Legality got is meant" from part (3) article 46 of the Constitution of the Republic of Moldova
Name of the Republic of Moldova,
Constitutional court in structure:
Victor PUSKAS is chairman
Alina YANUCHENKO is judge
Mircha of YUGA - the judge
To Dumitr PULBERE - the judge-speaker
Elena SAFALERU is judge
Ion VASILATI is judge with the assistance of Victoria Botnaryuk, the secretary of meeting, Ion Mytsu, the permanent representative of Parliament in the Constitutional court, Nicolae Eshana, the permanent representative of the Government in the Constitutional court, according to Art. 135 of the h. (1) item c) and Art. 141 of the h. (1) item b) and item c) Constitutions, Art. 4 of the h. (1) item c) Law on the Constitutional court, Art. 4 of the h. (1) item c) and Art. 16 of the h. (1) the Code of the constitutional jurisdiction considered in open plenary meeting the appeal of the Government about making the conclusion under the bill on modification of the h. (3) Art. 46 of the Constitution of the Republic of Moldova.
Determination of February 10, 2006 the Constitutional court accepted the appeal 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 Internal Affairs, the Prosecutor General's Office, the Highest trial chamber, the Center for human rights, the Helsinki Human Rights Committee in the Republic of Moldova, Institute of criminal reforms, department of the criminal law and criminalistics of the State university of Moldova, the International independent university of Moldova, Council of Bar of the Republic of Moldova and the Venetian commission of the Council of Europe.
The constitutional court allocated with competence to express according to offers on review of the Constitution, having considered the address and the bill provided by the Government, having heard the message of the judge-speaker and arguments of representatives of Parliament and Government, established:
1. On February 1, 2006 the Government provided the bill providing exception of part for making the conclusion (3) article 46 of the Constitution of the Republic of Moldova of the offer "Legality got is meant".
Having considered the draft of the constitutional law in the light of stipulated in Clause 135 h. (1) the item c) of the Constitution of power to draw the conclusions according to offers on review of the Constitution and from line item of compliance to the constitutional provisions of Art. 141 "Review initiative" and Art. 142 "Review limits", the Constitutional court notes the following.
The supreme law of the Republic of Moldova Article 141 of the h. (1) the item c) allocates the Government with the right to initiate review of the Constitution. Therefore, the condition determined by Art. 141 "Review initiative" of the Constitution of the Republic of Moldova is observed.
In the cover letter attached to the draft of the constitutional law, the Government motivates feasibility of exception of the offer "Legality got is meant" from part (3) article 46 of the Constitution need of introduction in national system of law of institute of civil confiscation and assignment of obligations of proof on the person accused. The government emphasizes that the exception of the Constitution of regulations on presumption of legality of the got property will exempt the state, on behalf of the prosecutor, from obligation to prove illegal nature of property of persons accused.
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