of July 22, 2005 No. 173-XVI
About basic provisions of special legal status of settlements of left bank of Dniester (Transnistria)
Being guided by provisions of the Constitution of the Republic of Moldova, for the purpose of strengthening of unity of the people, recovery of territorial integrity of the state, creation of single legal, economic, defensive, social, customs, humanitarian space and other single spaces, and also providing the civil world, trust, mutual understanding and consent in society, stability, safety and democratic development of the state;
Based on respect for rule of law, human rights and ethnic minorities and having been sure that political settlement of the Dnestr problem can be achieved only on the basis of the peaceful solution excluding use of military and other power operations and also on the principles of democratization and demilitarization of Transnistria;
Relying on collective efforts of the international community on achievement by the Republic of Moldova of territorial integrity, civil unity and ensuring access of all population of the country to the operating democratic institutes;
In view of need of rendering to the population of Transnistria of humanitarian, political, social and economic and legal assistance for overcoming consequences of the conflict,
The parliament adopts this organic law.
Art. 1. - (1) In implementation of policy of reintegration of the Republic of Moldova, based on the Resolution of Parliament of the Republic of Moldova No. 117-XVI of June 10, 2005 negotiation process with Transnistria is carried out for goal achievement of democratization and demilitarization of Transnistria.
(2) After realization of the conditions of demilitarization stipulated in the Resolution of Parliament No. 117-XVI of June 10, 2005, which are especially concerning accomplishment by the Russian Federation of the obligations undertaken at the Istanbul summit of OSCE (1999) on complete, fast and transparent withdrawal of troops and arms from the territory of the Republic of Moldova and after forming in Transnistria of democratically chosen system of the power negotiation process is developed for joint development and adoption of the organic Law of the Republic of Moldova on special legal status of Transnistria.
Art. 2. - Basis for development and adoption of law of the Republic of Moldova on special legal status of Transnistria are basic provisions of this law.
Art. 3. - (1) as a part of the Republic of Moldova the autonomous territorial entity with special legal status Transnistria is established.
(2) Transnistria is the integral component of the Republic of Moldova and within the powers determined by the Constitution and other laws of the Republic of Moldova resolves the issues carried to its maintaining.
(3) part of Transnistria there can be its structure settlements of left bank of Dniester by results of the local referenda held according to the legislation of the Republic of Moldova.
Art. 4. - (1) Representative body of Transnistria is the Supreme Council which is the supreme body of legislature of Transnistria having rights of adoption of the laws of local level and other regulations within the competence.
(2) the Supreme Council is elected on the basis of free, transparent and democratic elections. Preparation and elections to the Supreme Council of Transnistria of the first convocation are performed with the consent of OSCE by the International electoral commission under the mandate of OSCE, monitoring of the Council of Europe and according to the legislation of the Republic of Moldova. The basis for carrying out free and democratic elections is implementation of measures for democratization and demilitarization of Transnistria, accepted by the Resolution of Parliament of the Republic of Moldova No. 117-XVI of June 10, 2005.
(3) the Supreme Council of Transnistria adopts the Fundamental law of Transnistria.
(4) the Fundamental law of Transnistria and the changes made to it and additions cannot contradict the Constitution of the Republic of Moldova.
(5) Powers of the Supreme Council of Transnistria, and also function of executive body of Transnistria are determined on the basis of negotiation process according to part (2) Article 1 and part (2) article 4 of this law.
Art. 5. - Courts, bodies of Prosecutor's office, Management of Service of information and safety and the Department of Internal Affairs of Transnistria are component of single system of degrees of jurisdiction and single system of law enforcement agencies of the Republic of Moldova and perform the activities for administration of law, providing law and order and safety of the state on the basis of the legislation of the Republic of Moldova.
Art. 6. - (1) Transnistria has the symbolics which is applied along with symbolics of the Republic of Moldova.
(2) Official languages of Transnistria are the Moldavian language on the basis of Latin graphics, the Ukrainian and Russian languages. The Republic of Moldova guarantees functioning and other languages in the territory of Transnistria.
(3) the Clerical work in Transnistria, and also correspondence with bodies public the authorities of the republic Moldova, the companies, the organizations and organizations which are outside Transnistria are conducted in the Moldavian language on the basis of Latin graphics and Russian.
Art. 7. - Transnistria on behalf of its legislative and executive power and local authorities observes the Constitution, other laws and regulations of the Republic of Moldova in the territory, carries out nation-wide programs of social and economic and cultural development.
Art. 8. - Transnistria for the benefit of all population independently resolves the issues of legal, economic and social development carried to its maintaining by the Constitution and other laws of the Republic of Moldova and the legislation of Transnistria.
Art. 9. - Transnistria has the right to establish and support external contacts in economic, scientific and technical, humanitarian areas according to the procedure, stipulated by the legislation the Republic of Moldova.
Art. 10. - The earth, waters, subsoil, plant and animal life, other natural resources which are in the territory of Transnistria are property of all people of the Republic of Moldova and at the same time constitute economic basis of Transnistria.
Art. 11. - Differentiation of powers between the central authorities of the Republic of Moldova and authorities of Transnistria will be performed on the basis of the Law of the Republic of Moldova on special legal status of Transnistria and according to the legislation of the Republic of Moldova.
Art. 12. - Adoption of law of the Republic of Moldova on special legal status of Transnistria will be followed by acceptance of system of internal guarantees which will be created on the basis of negotiation process according to part (2) Article 1 and part (2) article 4 of this law.
Art. 13. - Changes and amendments to this law are accepted three fifth voices of the elected deputies of Parliament of the Republic of Moldova.
Chairman of the parliament
Marian Lupu
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