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LAW OF THE REPUBLIC OF MOLDOVA

of March 26, 1996 No. 789-XIII

About the Highest trial chamber

(as amended on 30-09-2021)

The parliament adopts this law.

Section I. General provisions

Article 1. The highest trial chamber - the supreme body of judicial authority

(1) According to the Constitution, the Law on judicial system, the Law on the status of the judge and other legal acts justice in the Republic of Moldova is performed by the Highest trial chamber and other degrees of jurisdiction.

(2) the Highest trial chamber is the highest degree of jurisdiction providing exact and uniform application of the legislation by all degrees of jurisdiction, the dispute resolution, the laws arising in case of application, guaranteeing responsibility of the state to the citizen and the citizen to the state.

(3) the Highest trial chamber provides with the activities respect for the principle of presumption of innocence and the principle of rule of law, promotes creation of the constitutional state.

(4) the Highest trial chamber is the single highest degree of jurisdiction. The location of the Highest trial chamber is the municipium of Chisinau.

Article 2. Powers of the Highest trial chamber

The highest trial chamber:

a) as cassation instance considers civil, administrative, criminal and other cases according to the procedural legislation;

b) appeals to the Constitutional court with request about decision concerning constitutionality of legal acts;

c) generalizes court practice and analyzes the legal statistics;

d) makes on own initiative the explanations concerning court practice which do not have character of interpretation of the laws and not having binding force for judges;

e) performs the powers following from international treaties within the competence, one of the parties of which is the Republic of Moldova;

f) performs other powers provided by the law.

Article 3. Principles of activities of the Highest trial chamber

The highest trial chamber performs the activities based on the principles:

a) legality and publicity;

b) departments of judicial authority from the legislative and executive authorities;

c) independence of judicial authority;

d) ceased to be valid according to the Law of the Republic of Moldova of 05.07.2012 No. 153

e) realization of the right to adoption of legal, reasoned and fair decisions;

f) other principles provided by the Law on judicial system and the Law on the status of the judge.

Section II. Organization and activities of the Highest trial chamber

Chapter I. Organization of the Highest trial chamber

Article 4. Structure of the Highest trial chamber

(1) the Highest trial chamber consists of the chairman, two vice-chairmen who are at the same time chairmen according to Board on civil, commercial and administrative cases and Board on criminal cases and judges (two of which perform at the same time function of the vice-chairman of board) performing the activities as a part of boards and the Plenum of Chamber.

(2) Each of judges of the Highest trial chamber is helped by three assistant judges employed and performing the activities according to provisions of article 47 of the Law on judicial system No. 514-XIII of July 6, 1995.

Article 5. Scientific and advisory council

(1) Under the Highest trial chamber the Scientific and advisory council consisting of scientists and practicians in the field of law is effective.

(2) the Regulations on Scientific and advisory council affirm the Plenum of the Highest trial chamber.

Article 6. 

Voided according to the Law of the Republic of Moldova of 05.07.2012 No. 153

Article 7. Powers of the Chairman of the Highest trial chamber

(1) the Chairman of the Highest trial chamber performs the following powers:

a) convenes meetings of the Plenum of Chamber and presides over them, provides execution of the made decisions;

b) represents to the Plenum for approval job responsibilities of vice-chairmen of chamber - chairmen of boards and deputy chairmen of boards;

c) appoints the members of Chamber responsible for preparation of reports on the cases of special complexity considered by boards;

d) coordinates work on generalization of court practice and makes to the Plenum offers on pronouncement of explanatory decisions;

e) will organize accomplishment of other works which are within the competence of Chamber;

f) represents the Highest trial chamber in the relations with other bodies of the public power and public organizations both within the country, and abroad;

g) appoints to positions, changes, stops and stops the office relations with government employees in the procedure provided by the law, hires, changes, stops and stops employment relationships with contractual personnel of the secretariat of Chamber;

h) imposes authority punishments on employees of the secretariat of Chamber and takes measures for their stimulation;

i) performs other powers provided by the law.

(2) the Chairman of the Highest trial chamber issues orders and orders.

(3) in the absence of the chairman of the Highest trial chamber its duties are fulfilled by one of his deputies based on the order published by the President of Chamber. If the vice-chairman who will fulfill duties of the President of Chamber in its absence is not appointed, the corresponding duties are fulfilled by the vice-chairman appointed by the Supreme council of magistracy.

Article 8. Powers of the chairman of board and his deputy

1) Board on civil, commercial and administrative cases and Board on criminal cases their chairmen and their deputies direct, having the following powers:

a) ceased to be valid according to the Law of the Republic of Moldova of 05.07.2012 No. 153

b) appoints terms of carrying out judicial sessions on the cases referred by the law to competence of board will organize preparation and carrying out judicial sessions, exercises control of creation, posting and publication on the web page in the terms of information on the cases appointed for consideration established by procedural rules including on subject of these cases;

c) ceased to be valid according to the Law of the Republic of Moldova of 05.07.2012 No. 153

d) it is excluded

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