RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of September 26, 2024 No. 20

About control of constitutionality and about exceptional case of illegality of provisions of Art. 2 of h (2) the Law on the state fee and Art. 84 of h (4) the Code of civil procedure (the address No. 269a/2023g., No. 7g/2024g., No. 64g/2024g., No. 75g/2024 and No. 153g/2024 of) (stamp tax)
(Extraction)

Name of the Republic of Moldova,

Constitutional court in structure:

Domnika Manole, chairman,

Viorika Puyka,

Nicolae Roshka,

Liouba Shova,

Sergey Tsurkan,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge, Vasily Opr,

in view of the addresses registered on December 14, 2023, on January 19, 2024, on March 20, 2024, on March 29, 2024 and on July 4, 2024

having considered the specified addresses in open plenary meeting,

considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree:

POINTS OF ORDER

1. The address No. 269a/2023 of about control of constitutionality of Art. 2 of h (2) the Law on the state fee No. 213 of July 31, 2023, brought into the Constitutional court by the deputy of Parliament of the Republic of Moldova Vlad Batryncha, according to provisions of Art. 135 of h (1) the item and) formed the basis for consideration of the case to the Constitution, Art. 25 of the item g) the Law on the Constitutional court and Art. 38 of h (1) the item g) the Code of the constitutional jurisdiction.

2. Also addresses No. 7g/2024, No. 64g/2024, No. 75g/2024 and No. 153g/2024 about exceptional case of illegality of Art. 2 of h formed the basis for consideration of the case (2) and Appendices No. 2 to the Law on the state fee No. 213 of July 31, 2023, and also Art. 84 of h (4) the Code of civil procedure. The address No. 7g/2024 was provided at the initiative of the judge Victor Sandu in the matter of No. 2-1340/2024, to Chisinau regarded by court (the sector Chentra). Addresses No. 64g/2024 and No. 74g/2024 were provided by the lawyer Andrey Brichag within the cases No. 2-3380/2024 and No. 2-3638/2024, considered by court of Chisinau (the sector to Chentr), and the address No. 153g/2024 was provided by Marchel Lungu, the liquidator of New Next LLC, within case No. 2rhi-1/2024, considered by court of Chisinau (the main office).

...

Being guided by provisions of Art. 135 of h (1) the item and) and the item g) and Art. 140 of h (2) Constitutions, Art. 26 of the Law on the Constitutional court, the Art. 6, of the Art. 61, of Art. 62 of the item and) and Art. 68 of the Code of the constitutional jurisdiction, the Constitutional court

DECIDES:

1. Recognize partially reasonable the address of the deputy of Parliament Vlad Batryncha about control of constitutionality and the address about exceptional case of illegality, provided by the judge Victor Sandu in the matter of No. 2-1340/2024, to Chisinau regarded in court (the sector Chentra), the lawyer Andrey Brichag, within the cases No. 2-3380/2024 and No. 2-3638/2024, considered in court of Chisinau (the sector Chentra), and Marchel Lungu, the liquidator of New Next LLC, within case No. 2rhi-1/2024, considered in court of Chisinau (the main office).

2. Recognize unconstitutional:

- the first offer "Release from collection of the stamp tax, and also delay or payment by installments of its payment are possible only in exceptional cases, provided by this law." and the provision "it is not compensated for the account of the party which lost process" in the second proposal of h. (2) Art. 2 of the Law on the state fee No. 213 of July 31, 2023;

- the first offer "Can be provided to nobody release, delay or payment by installments from payment of the stamp tax, behind the exceptions provided by the Law on the state fee No. 213/2023." and the provision "also it is not compensated for the account of the party which lost process" in the second proposal of h (4) Art. 84 of the Code of civil procedure.

3. Before introduction of amendments to the legislation according to conclusions of the resolution of the Constitutional court, in case of initiation of civil and administrative case, and also in case of submission of the claim to the solution of the stating subject on the case of offense, both in the first instance, and in the course of appeal, the judge or degree of jurisdiction according to the plaintiff's declaration, depending on its financial position and the produced evidence, makes the decision on release, delay or payment by installments of payment of the stamp tax.

4. Recognize unacceptable the address Marcella Lungu in the part concerning exceptional case of illegality of Appendix No. 2 to the Law on the state fee No. 213 of July 31, 2023.

5. This resolution is final, is not subject to appeal, becomes effective from the date of acceptance and is published in "Monitorul Oficial al Republicii Moldova".

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