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DETERMINATION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of March 26, 2007

According to the appeal of Feleshtsky court about exceptional case of illegality of the Law No. 186-XVI of June 29, 2006

Constitutional court in structure:

To Dumitr PULBERE - the chairman

Alina YANUCHENKO is judge

Victor PUSKAS is judge-speaker

Elena SAFALERU is judge

Valeria SHTERBETS - the judge

Ion VASILATI is judge

with the assistance of Galina Pankratova, the secretary of meeting, having considered previously according to Art. 44 of the Code of the constitutional jurisdiction the appeal of Feleshtsky court about exceptional case of illegality of the Law N186-XVI of June 29, 2006 "About modification and amendments in the Rehabilitation act of the victims of political repressions N 1225-XII of December 8, 1992", established:

On March 13, 2007 in the Constitutional court the Feleshtsky court concerning exceptional case of illegality of the Law N186-XVI of June 29, 2006 "About modification and amendments in the Rehabilitation act of the victims of political repressions N 1225-XII of December 8, 1992" (1) made inquiry (further - the Law N 186-XVI).

Follows from the address that Feleshtsky court, having considered the civil action T.M. against primeriya of the village of Pyrlitsa of Feleshtsky district, Feleshtsky regional council and the State of the Republic of Moldova about compensation of the moral and material damage caused as a result of political repressions of 1940-1949 accepted the petition shown by the claimant and third party M. K. for initiation of the procedure of exceptional case of illegality of the Law N186-XVI and appealed to the Constitutional court based on Art. 121 of the Code of civil procedure.

Having correlated the address to provisions of Art. 135 of the h. (1) item g) Constitutions, Art. 24 and Art. 25 of the item g) Law on the Constitutional court, Art. 38 of the h. (1) the item g) and Art. 39 of the Code of the constitutional jurisdiction, establishing competence of the Constitutional court and subjects with the address right, the Constitutional court notes the following.

In reasons for the right to the direct address to the Constitutional court the Feleshtsky court refers to Art. 121 of the Code of civil procedure (2) in edition of the Law N 244-XVI of July 21, 2006 "About modification and amendments in the Code of civil procedure of the Republic of Moldova" (3) according to which all degrees of jurisdiction have the right to make inquiry directly in the Constitutional court if when considering the case it is determined that the rule of law which is subject to application or applied contradicts provisions of the Constitution of the Republic of Moldova, and control of constitutionality of the regulation is within the competence of the Constitutional court.

The Feleshtsky court considers competent the address to the Constitutional court in spite of the fact that the legislator did not make necessary changes to the Constitution, the Law on the Constitutional court and the Code of the constitutional jurisdiction for their reduction in compliance with the specified regulation of the Code of civil procedure, on the following bases: 1) Art. 121 of the Code of civil procedure is the subsequent regulation in relation to the relevant standards of the legislation on the constitutional jurisdiction; 2) syntagma "The highest trial chamber" from Art. 135 of the h. (1) the item g) Constitutions it was interpreted in the sense implying any degree of jurisdiction; 3) the right of person to effective appeal is priority in relation to the legal conflicts.

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