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of July 12, 2012 No. 10

About control of constitutionality of some provisions concerning the status of the deputy of Parliament (the Address No. 7a/2012)

Name of the Republic of Moldova

Constitutional court in structure:

To Alexander TENASE, chairman,

Victor PUSKAS, judge-speaker,

To Dumitr PULBERE,



Valeria SHTERBETS, judges,

with the assistance of Dina Mustyatse, court session secretary,

in view of the address provided and registered on March 27, 2012

having considered the specified address in open plenary meeting, considering acts and case papers,

issues the following decree:


1. The address of deputies of Parliament Sergey Syrbu, Artur Reshetnikov and Igor Vremya provided on March 27, 2012 based on Art. 135 of the h formed the basis for consideration of the case. (1) item and) Constitutions, Art. 25 of the item g) Law on the Constitutional court and Art. 38 of the h. (1) the item g) the Code of the constitutional jurisdiction, about control of constitutionality of some provisions of the Law No. 26 of March 1, 2012 on modification and amendments in some legal acts (further - the Law No. 26) by which the Law on the status of the deputy of Parliament and in Regulations of Parliament included the provisions providing keeping of part of the salary and other payments of the deputy in case of the repeating absence for the disrespectful reason at the plenary sessions of Parliament or at meetings of the permanent commissions which part it is (Art. 1 and Art. 2 of the Law No. 26).

2. In the open plenary session of court the representative of authors of the address specified that he does not require control of constitutionality of provisions which were changed the Art. III of the Law No. 26.

3. Authors of the address, in particular, believe that Art. 16 of the h. (3) and h. (4) the Law on the status of the deputy of Parliament and Art. 129 and Art. 131 of Regulations of Parliament, in edition of the Law No. 26, contradict provisions of Art. 1 of the h. (3), Art. 2, Art. 7, Art. 16, Art. 18, Art. 43, Art. 46, Art. 47, Art. 54, Art. 60, Art. 64, Art. 66, Art. 68, Art. 69, Art. 70 and Art. 71 of the Constitution, and also Art. 1 of the Protocol No. 1 to the European convention on human rights protection and fundamental freedoms.

4. Determination of the Constitutional court of April 12, 2012, without decision in essence, the address was acknowledged acceptable.

5. During consideration of the address the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government.

6. In open plenary meeting of the Constitutional court authors of the address were provided by the deputy of Parliament Sergey Syrbu. The parliament was provided by the main consultant of legal management of the Secretariat of Parliament Serdzhiu Kirike. The government was provided by the deputy minister of justice Vladimir to Groce and the deputy minister of work, social protection and family Serdzhiu Sainchuk.


7. Applicable provisions of the Constitution (M.O. No. 1/1, 1994 of): Article 1 State Republic of Moldova

"[...] (3) the Republic of Moldova - the democratic constitutional state in which advantage of the person, its rights and freedom, free development of the human person, justice and political pluralism are the supreme values and are guaranteed." Article 2 Sovereignty and government


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