of January 24, 2006 No. 2
About control of constitutionality of some provisions of the Law No. 283-XV of July 4, 2003 "About private detective and security activities" and from the orders of the Government No. 1510 of the December 12, 2003 and No. 667 of July 8, 2005 accepted in pursuance of this law
Name of the Republic of Moldova
Constitutional court in structure:
Victor PUSKAS is chairman
Alina YANUCHENKO is judge
To Dumitr PULBERE - the judge
Elena SAFALERU is judge
Ion VASILATI is judge-speaker with the assistance of Tatyana Oborok, the secretary of meeting, Tatyana Paladi, the representative of the deputy of Parliament Ion Pleshk, the author of addresses, Ion Mytsu, the permanent representative of Parliament in the Constitutional court, Nicolae Eshana, the permanent representative of the Government in the Constitutional court, Evgeny Aksentyev, the head of department of the Ministry of Internal Affairs, the representative of the Government, 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), Art. 16 of the h. (1) and Art. 43 of the Code of the constitutional jurisdiction, considered case on control of constitutionality of provisions of Art. 22 of the h in open plenary meeting. (2), Art. 23 of the h. (10), Art. 24 and Art. 27 of h. (2) the item and) and the item c) the Law N283-XV of July 4, 2003 "About private detective and security activities" 1 and some provisions of the Order of the Government N667 of July 8, 2005 "About measures for implementation of the Law N283-XV of July 4, 2003 on private detective and security activities" 2 (appendix N 2).
The addresses of the deputy of Parliament Ion Pleshk provided on September 9, 2005 according to Art. 24 and Art. 25 of the Law on the Constitutional court formed the basis for consideration of the case.
Addresses were accepted by determinations of the Constitutional court of September 26, 2005 to consideration on the merits and are united in one production.
During preliminary consideration of addresses the Constitutional court requested the conclusions of Parliament, the President of the Republic of Moldova, the Government, the Ministry of Internal Affairs, the Ministry of Defence, the Ministry of Justice, the Ministry of Health and Social Affairs, the Ministry of Public Education, youth and sport, the Prosecutor General's Office, the Highest trial chamber, Service of information and safety, the Center for fight against economic crimes and corruption, the Center for human rights in Moldova.
Having considered case papers, having heard the message of the judge-speaker and arguments of the parties, the Constitutional court established:
1. On July 4, 2003 the Parliament adopted the Law N283-XV "About Private Detective and Security Activities" (further - the Law N283-XV) from which the author of addresses disputes constitutionality of provisions of Art. 22 of the h. (2), Art. 23 of the h. (10), Art. 24, Art. 27 of the h. (2) item and and item c).
According to provisions of the Law N283-XV:
- Art. 22 of the h. (2). The private security organization has no right to perform other business activity;
- Art. 23 of the h. (10). Private security activities cannot be performed on objects of special importance, in bank institutions, on critical infrastructure of settlements, the companies with the prevailing share of state-owned property, and also on other subjects to the state protection objects which list is established by the Government;
- Art. 24. Training of personnel for security activities. (1)
Preparation and advanced training of personnel for activities for protection of objects, property and values, and also protection of physical persons are performed on the qualification rates organized by the Ministry of Internal Affairs.
(2) the Termination of qualification rates is not obligatory for the persons having special preparation in the field and who worked in the specialized security organizations at least three years.
(3) the Procedure for preparation, advanced training and employee assessment of the private security organizations and issue of appropriate certificates to them is established in the provision approved by the Government;
- Art. 27 of the h. (2). The admission to private security activities of persons is forbidden:
a) not reached 21 years;
c) not certified in accordance with the established procedure for implementation of security activities.
In pursuance of the Law N283-XV the Resolution N667 of July 8, 2005 on measures for implementation of the Law N283-XV (further - the Order of the Government N667/05) Government approved Regulations on conditions of preparation, retraining and employee assessment of the private security organizations according to the appendix N2. The provision is challenged as unreasonably limiting right to work.
In the resolution it is determined that preparation and advanced training of personnel for private detective and security activities are carried out through the industry rates organized by the Ministry of Internal Affairs on contractual basis. Upon termination of rates the certificate of the approved sample is issued.
According to the Provision qualification courses are conducted on the special subject provided in the curriculum and come to an end with passing an examination and certification of graduates by the commission which representatives of police and social security authorities enter.
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