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LAW OF THE REPUBLIC OF MOLDOVA

of July 6, 1995 No. 514-XIII

About judicial system

(as amended on 16-12-2020)

The parliament adopts this law.

Section I. General provisions

Article 1. Judicial authority

(1) Judicial authority is independent, separated the legislative and executive authorities, has the powers which are carried out through degrees of jurisdiction according to the principles and provisions provided by the Constitution and other regulations.

(2) Justice is performed by law name.

Article 2. Legal basis of judicial system

The judicial system is regulated by the Constitution, this law and other legal acts.

Article 3. Creation of degrees of jurisdiction

Degrees of jurisdiction are created on the basis of the principle of appointment of judges.

Article 4. Tasks of degrees of jurisdiction

(1) Degrees of jurisdiction perform justice for the purpose of protection and realization of basic rights and freedoms of citizens and their associations, and also the companies, organizations and organizations.

(2) Degrees of jurisdiction consider all cases on civil, administrative, pravonarushitelny and criminal legal relations, and also another matters for which the law does not provide other competence.

Article 5. Implementation of justice in strict accordance with the legislation

(1) Justice is performed in strict accordance with the legislation.

(2) the Laws of other states are applied only according to the procedure, stipulated by the legislation the Republic of Moldova and international treaties, one of the parties of which is the Republic of Moldova.

Article 6. Open entry to justice

(1) Any person has the right to effective recovery in the rights by competent courts in case of violation of its rights, freedoms and legitimate interests.

(2) Associations of citizens, the companies, organizations and the organizations have the right in the procedure established by the law to address to degree of jurisdiction behind protection of their rights and legitimate interests which were violated.

Article 6-1. Accidental distribution of cases and education of structures of court

(1) Activities for hearing of cases are performed with respect for the principle of accidental distribution of cases by means of the Integrated management program cases. If the judge to whom the case which is not able to continue consideration of the case was distributed the responsible person based on motivated determination of the chairman of degree of jurisdiction provides accidental redistribution of case to other judge by means of the Integrated management program with cases. The card containing information on accidental distribution of case is applied without fail to each case.

(1-1) Education of structures of court and appointment of their chairmen are performed at the beginning of year according to the order of the chairman of degree of jurisdiction. Replacement of members of structure of court is made in exceptional cases based on motivated determination of the chairman of degree of jurisdiction and according to the objective criteria established by the provision approved by the Supreme council of magistracy. Motivated determination about replacement of members of structure of court is applied to case papers.

(2) Cases which were distributed to one list of judges cannot be transferred to other structure, except as specified, provided by the law.

Article 6-2. The integrated management program cases

(1) the Integrated management program cases is single for all degrees of jurisdiction, being component of information judicial system. Its use is obligatory for all degrees of jurisdiction.

(2) Administration by the Integrated management program cases and ensuring control of its functionality is performed by Agency on administration of degrees of jurisdiction.

Article 7. Presumption of innocence

Any person accused of crime execution is considered innocent until his guilt is not proved legally based on the adjudication which took legal effect.

Article 8. Equality before the law

All citizens of the Republic of Moldova are equal before the law and judicial authority irrespective of race, nationality, ethnic origin, language, religion, floor, look, political affiliation, property status or social origin, and also from other circumstances.

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