RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of October 15, 2024 No. 23

About exceptional case of illegality of provisions of Art. 108 of the Family code (the gap consisting in not indexation of the alimony in firm sum of money) (the address No. 239g/2023 of)

Name of the Republic of Moldova

Constitutional court in structure:

Liouba Shova presiding

Viorika Puyka,

Nicolae Roshka,

Sergey Tsurkan, judges,

with the assistance of the assistant judge Dina Mustyatsa,

in view of the address,

registered on November 2, 2023,

having considered the specified address 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 about exceptional case of illegality of the offer "formed the basis for consideration of the case also the item g) Constitutions is made in cases and according to the procedure, established by the law", the Family code containing in Art. 108 approved by the Law No. 1316 of October 26, 2000, regarding not determination of cases and procedure for indexation of the alimony for the minor child collected according to the decision of degree of jurisdiction in firm sum of money, provided at the initiative of the judge Konstantina Kilijan, within case No. 2-741/2023, of Ungen (the main office) considered by court, according to Art. 135 of h (1) the item and).

2. Determination of the Constitutional court of April 18, 2024, without decision in essence, the address was acknowledged acceptable.

3. During consideration of the case the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government, the national lawyer by the rights of the child and the Supreme council of magistracy.

4. At open session of the Constitutional court there was judge Konstantin Kiliyan, the author of the address. From Parliament and, respectively, the Government Victoria Kashu, the main consultant of service of representation took part in the Constitutional court, and Anastasia Gruzin, the deputy head of department of the Ministry of Labour and Social Protection on policy in the field of protection of the rights of children and families with children.

I. Circumstances of the main dispute

5. The court of Ungen passed on November 29, 2021 for benefit of the claimant N.B. the decision on collection from the defendant R.B. of the alimony for the minor child in the amount of 1200 lei a month.

6. The claimant took a legal action on March 6, 2023 with the action for declaration about increase in the size of the alimony, referring to increase in the last three years of the predicted average salary on economy.

7. Determination of October 31, 2023 the trial judge on own initiative sent in the Constitutional court for permission the appeal about exceptional case of illegality of the offer "is made in cases and according to the procedure, established by the law" in Art. 108 of the Family code.

II. Applicable legislation

8. Applicable regulations of the International convention on the child's rights of November 20, 1989 which became effective for the Republic of Moldova since February 25, 1993:

Article 18

"1. The State Parties make all possible efforts providing recognition of the principle of common and identical responsibility of both parents for education and development of the child. Parents or in appropriate cases legal guardians bear the main responsibility for education and development of the child. The best interests of the child are subject of their main care.

2. For the purpose of guarantee and assistance to implementation of the rights stated in this Convention, the State Parties render to parents and legal guardians appropriate assistance in accomplishment of the obligations by them on education of children and provide development of network of child care facilities.

3. The State Parties take all necessary measures for providing that children whose parents work had the right to use the services and childcare facilities intended for them".

Article 27

"1. The State Parties recognize the right of each child to the level of living necessary for physical, intellectual, spiritual, moral and social development of the child.

2. The parent(s) or other persons who are bringing up the child bear the main responsibility for providing within the capabilities and financial opportunities of the living conditions necessary for development of the child.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info