RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of November 25, 2010 No. 27

About control of constitutionality of some provisions of the Law No. 1104-XV of 6.06.2002. "About the Center for fight against economic crimes and corruption" and the Law No. 190-XVI of 26.07.2007. "About the prevention and anti-money laundering and terrorism financing"

Name of the Republic of Moldova

Constitutional court in structure:

To Dumitr PULBERE - the chairman

Victor PUSKAS is judge

Petra RAJLJAN - the judge

Elena SAFALERU is judge

Valeria SHTERBETS is judge-speaker

the secretary of meeting - Dina Mustyatsa, with the assistance of the representative of the author of the address, Vitaly Nagachevsky, the representative of Parliament, Victor Morgoch, the permanent representative of the Government in the Constitutional court, Oleg Efrim, representatives of the Center for fight against economic crimes and corruption, Alexey Sekriyera, the deputy director, and Valery Syrka, the chief of Service according to the prevention and anti-money laundering, being guided by Art. 135 of the h. (1) item and) Constitutions, Art. 4 of the h. (1) item and) Law on the Constitutional court, Art. 4 of the h. (1) item and) and Art. 16 of the h. (1) the Code of the constitutional jurisdiction, considered in open plenary meeting case on control of constitutionality of some provisions of the Law No. 1104-XV of 6.06.2002. "About the Center for fight against economic crimes and corruption" and the Law No. 190-XVI of 26.07.2007. "About the prevention and anti-money laundering and terrorism financing".

The address of the deputy of Parliament Valentin Kepteni provided on June 18, 2010 according to Art. 24 and Art. 25 of the Law on the Constitutional court, Art. 38 and Art. 39 of the Code of the constitutional jurisdiction formed the basis for consideration of the case.

The address was accepted determination of the Constitutional court of June 30, 2010 to consideration on the merits and is included in the agenda.

During preliminary consideration of the address the Constitutional court requested the points of view of Parliament, the President of the Republic of Moldova, the Government, the Ministry of Finance, the Ministry of Economics, the Highest trial chamber, the Prosecutor General's Office, the Moldavian state university, Academy of Sciences of the Republic of Moldova, the Center for fight against economic crimes and corruption, National Bank of Moldova.

Having considered case papers, having heard the message of the judge-speaker and explanation of participants of process, the Constitutional court established:

1. On June 6, 2002 the Parliament adopted the Law on the Center for fight against economic crimes and corruption No. 1104-XV(1) (further – the Law No. 1104-XV of 6.06.2002). In the address from this law Art. 7 of the h is disputed. (1) the item h), n) which provides that the Center for accomplishment of the tasks and obligations assigned to it has the right:

"h) stop transactions of the legal entities and physical persons who are subjects of entrepreneurship on accounts in banks and other financial institutions and impose arrest money, material values, receivables and other assets of specified persons in cases of identification of the facts of implementation of illegal economic activity, evasion from entering of payments into the budget or to stop making of limited or doubtful financial transactions;

n) impose arrest and/or withdraw from legal entities and from the physical persons which are subjects of entrepreneurship, material values, including vehicles in cases:

- absence at the time of transportation, storage or implementation of the documents confirming legality of their origin;

- storages of the unregistered material values in accounting documents or their storage in the places which are not told tax authority".

The law on the prevention and anti-money laundering and financing of terrorism No. 190-XVI(2) was accepted 26.07.2007 (further – the Law No. 190-XVI of 26.07.2007). From this law Art. 8 of the h is disputed. (1) and h. (2):

"(1) Reporting units shall inform without delay the Center for fight against economic crimes and corruption on any doubtful activities or transaction which is in process of preparation, making or already committed. Data on doubtful transactions are reflected in the special form which is transferred to the Center for fight against economic crimes and corruption in time, not exceeding 24 hours.

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