LAW OF THE REPUBLIC OF MOLDOVA

of July 5, 2012 No. 155

About modification and amendments in the Code of civil procedure of the Republic of Moldova

The Parliament adopts this organic law.

Art. I. - In the Code of civil procedure of the Republic of Moldova No. 225-XV of May 30, 2003 (Official monitor of the Republic of Moldova, 2003, No. 111-115, of the Art. 451), with subsequent changes, to make the following changes and additions:

1. In Article 12.1:

part (to state 1) in the following edition:

"(1) If when considering the case it is determined that the rule of law which is subject to application or applied contradicts provisions of the Constitution of the Republic of Moldova, and control of constitutionality of the regulation is within the competence of the Constitutional court, the degree of jurisdiction makes inquiry in the Constitutional court through the Highest trial chamber.";

part (to recognize 2) invalid.

2. Add the code with Article 12.2 of the following content:

"Article 12.2. Advisory proceedings of the Plenum of the Highest trial chamber

(1) If when considering the case in any degree of jurisdiction difficulties with the correct application of regulations of substantive or procedural law are noted, the degree of jurisdiction on own initiative or at the request of participants of process addresses in the Plenum of the Highest trial chamber for the advisory proceeding which explains procedure for application of the law. The advisory proceeding is published on the web page of the Highest trial chamber.

(2) in case of variation the degree of jurisdiction of the petition of participants of process for the address to the Plenum of the Highest trial chamber behind the advisory proceeding it takes out determination which is not subject to appeal in cassation procedure.

(The Plenum of the Highest trial chamber takes out 3) in case of the decision on address variation recognized taken legal effect motivated determination which is published on the web page of the Highest trial chamber.

(4) the Advisory proceeding of the Plenum of the Highest trial chamber is not obligatory for the Highest trial chamber in case of the subsequent introduction of amendments to the law or change of practice of its application.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info