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LAW OF THE REPUBLIC OF MOLDOVA

of May 29, 1996 No. 853-XIII

About reorganization of judicial system

(as amended on 21-04-2016)

The parliament adopts this law.

Art. 1. - (1) based on Article 115, parts (7) articles III of Final and transitional provisions of the Constitution, article 15 of the Law on judicial system reorganization of judicial system is performed as follows:

a) The Supreme Court will be reorganized into the Highest trial chamber with the location in municipium of Chisinau;

b) The arbitration will be reorganized according to the legislation regulating activities of economic courts;

c) the military tribunal will be reorganized into military court with the location in municipium of Chisinau;

d) on the basis of reorganization of the Supreme Court, the military tribunal and district (city) national courts are established Appeal chamber with the location in municipiums of Chisinau and tribunals in municipiums of Chisinau, Belts, Bender and the cities of Kakhul and Comrat;

e) district (city) national courts will be reorganized in:

- sectoral courts;

- courts of municipiums of Belts, Bender and Tiraspol.

(2) Judicial districts of the courts listed in Item е) parts (1) are established according to the administrative-territorial device of the Republic of Moldova.

(3) the Appeal chamber performs the activities according to the current legislation.

(4) Tribunals of municipiums of Chisinau, Belts, Bender consist of boards on civil cases and on criminal cases, and tribunals of municipiums Kakhul and Comrat are effective in the structures of court which are referred to as "board of tribunal".

Art. 2. - (1) the Supreme Court is effective in this structure up to the beginning of activities of the reorganized judicial system, performing functions of the Highest trial chamber as highest degree of jurisdiction in the cases provided by the Constitution and the current legislation.

(2) Military court and district (city) national courts are effective in this structure up to the beginning of activities of the reorganized judicial system.

Art. 3. - (1) Reorganization of judicial system shall come to the end by August 27, 1996.

(2) the Reorganized judicial system begins to function since August 27, 1996 with the numerical list of judges of degrees of jurisdiction according to the appendix which is component of this law.

(3) On representation of the Supreme council of magistracy till August 27, 1996 are translated or appointed according to the procedure of transfer in the degrees of jurisdiction specified in part (1) Articles 1, chairmen, deputy chairmen and the judge who continue to fulfill, however, the former duties till August 27, 1996.

Art. 4. - (1) the Judges of the Supreme Court meeting the requirements provided for position assignment of the judge of the Highest trial chamber are represented to these positions, and the others from their consent are transferred to Appeal chamber, tribunals and courts.

(2) the Judges of the military tribunal meeting the requirements provided for position assignment of the judge of military court are represented to these positions, the others from their consent are transferred to other courts.

(3) Some judges of national courts are transferred from their consent in higher degrees of jurisdiction.

Art. 5. - (1) Employees of the Supreme Court are accepted to the corresponding positions in the Highest trial chamber in first-priority procedure.

(2) Employees of military court are accepted to the corresponding positions in military court in first-priority procedure.

(3) in case of transfer as a result of reorganization of degrees of jurisdiction to below-paid position employees receive within three months after transfer former official pay rate.

(4) Other employees are transferred from their consent in Appeal chamber, tribunals and courts within two months from the date of adoption of this law.

Art. 6. - The judges of degrees of jurisdiction elected deputies of Parliament, judges of the Constitutional court in bodies of local public authority, and also in other electoral structures of bodies of the public power have the right to be employed in degrees of jurisdiction after reorganization of judicial system according to the legislation determining the status and regulating activities of the specified bodies of the public power.

Art. 7. - All personal and real estate of the Supreme Court and military tribunal is transferred according to the Highest trial chamber and military court.

Art. 8. - Everything put also other documents which are in archives of the Supreme Court and the military tribunal on the date of the beginning of activities of new judicial system, and also considered by these instances during transition period are transferred to storage to archive ы according to the Highest trial chamber and military court.

Art. 8/1. - (1) the Judges acting on behalf of courts of Grigoriopolsky, Rybnitsky, Sloboziysky districts in the corresponding territory of courts of the sector to Chentr of municipium of Chisinau, Rezinsky district and the area Stefan-Vode consider administrative, civil and criminal cases as on the court district, on behalf of which they act, and on the district of court in the territory of which they act.

(2) the Judgments made under the chairmanship of the judges acting on behalf of courts of the Kamensk, Dubesarsky, Grigoriopolsky and Rybnitsky districts can be appealed in appeal or rkassatsionnom procedure in tribunal of municipium of Chisinau.

Art. 9. - (1) the Administrative, civil and criminal cases which are in production on the first instance as of August 27, 1996 are transferred to degrees of jurisdiction according to their competence for consideration on the merits. Acts and the operations performed according to the law existing earlier before this date remain in force.

(2) If as a result of reorganization of judicial system of the judge were transferred to other degrees of jurisdiction or were subject to dismissal during consideration of the criminal cases which were as of August 27, 1996 in completion stage, their powers remain behind them before completion of consideration of szootvetstvuyushchy cases.

(3) the Judgments which took legal effect till August 27, 1996 can be appealed in exclusive procedure.

(4) On the judgments on civil cases which took legal effect till August 27, 1996 the claim to cancellation in case of violation of regulations of the procedural or substantive right with preserving the right of reclamation of civil case and suspension of execution of this judgment can be submitted by the Attorney-General and his deputies to the Highest trial chamber.

(5) the Judgments on civil cases passed in the first instance by degrees of jurisdiction after August 27, 1996 and before entry into force of the Law on modification and amendments in the Code of civil procedure N942-XIII of July 18, 1996 are subject to appeal according to provisions of the specified law. The term of appeal of decisions in this case is estimated from the date of entry into force of the Law on modification and amendments in the Law on reorganization of the judicial N1043-XIII system of December 17, 1996.

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