RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of November 6, 2012 No. 13

About control of constitutionality of some provisions from appendix No. 2 to the Regulations on military-medical examination in Armed forces of the Republic of Moldova approved by the Order of the Government No. 897 of July 23, 2003 and from appendix No. 8 to the Regulations on appeal of citizens on the urgent or reduced military service approved by the Order of the Government No. 864 of August 17, 2005 (the Address No. 17a/2012)

Name of the Republic of Moldova

Constitutional court in structure:

Valeria SHTERBETS, chairman, judge-speaker,

Victor PUSKAS,

Petra RAJLJAN,

Elena SAFALERU, judges,

with the assistance of Lyudmila Kikhay, court session secretary,

in view of the address provided and registered on July 9, 2012

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

issues the following decree:

POINTS OF ORDER

1. The address to the Constitutional court of the parliamentary lawyer to Anatoliye Muntyan provided on July 9, 2012 based on Art. 25 of the item i) the Law on the Constitutional court and Art. 38 of the h formed the basis for consideration of the case. (1) the item i) the Code of the constitutional jurisdiction, about control of constitutionality of some provisions from appendix No. 2 to the Regulations on military-medical examination in Armed forces of the Republic of Moldova approved by the Order of the Government No. 897 of July 23, 2003 and from appendix No. 8 to the Regulations on appeal of citizens on the urgent or reduced military service approved by the Order of the Government No. 864 of August 17, 2005.

2. The author of the address believes, in particular, that provisions of the reference of the installed sample from application No. 8 to the Regulations on appeal of citizens on the urgent or reduced military service, regarding specifying of Article of the Schedule of diseases, and content of heading No. 2 of the Schedule of diseases for determination of the validity to military service from appendix No. 2 to the Regulations on military-medical examination in Armed forces of the Republic of Moldova in which names of diseases and physical defects are listed contradict articles 28 and 54 of the Constitution, and also Art. 8 of the European convention on human rights protection and fundamental freedoms, Art. 17 of the International Covenant on Civil and Political Rights and Art. 12 of the Universal Declaration of Human Rights

3. Determination of the Constitutional court of July 12, 2012 the address was acknowledged acceptable.

4. During consideration of the address the Constitutional court requested written opinion of Parliament, the President of the Republic of Moldova, the Government, Ministry of Justice, Ministry of Defence, Ministry of Labour, Social Protection and Family, Ministry of Health, Ministry of Internal Affairs, Prosecutor General's Office, Academy of Sciences of Moldova.

5. Participated in open plenary meeting of the Constitutional court the representative of the author of the address - Aleksandra Marits, the representative of Parliament - Serdzhiu Kirike, the representative of the Government - Eugenia Tighinjanu.

APPLICABLE LEGISLATION

6. Applicable provisions of the Constitution (M.O. No. 1/1, 1994 of):

Article 4 of the Human right and freedom

"(1) the Constitutional regulations on human rights and freedoms are interpreted and applied according to the Universal Declaration of Human Rights, pacts and other agreements, one of the parties of which is the Republic of Moldova.

(2) with discrepancies between pacts and agreements on fundamental human rights, one of the parties of which is the Republic of Moldova, and the internal laws the international standards have priority."

Article 8 Observance of International Law and International Treaties

"(1) the Republic of Moldova Articles of organization of the United Nations and agreements shall observe, one of the parties of which it is, to build the relations with other states on the conventional principles and rules of international law.

(2) review of the Constitution shall precede Entry into force of the international treaty containing the provisions contradicting the Constitution."

Article 28 Intimate, family and private life

"The state respects and protects intimate, family and private life." Article 54 Restriction of Implementation of the Rights or Freedoms

"(1) In the Republic of Moldova the laws prohibiting or diminishing the rights and fundamental freedoms of man and citizen cannot be adopted.

(2) Implementation of the rights and freedoms is not subject to any restrictions, except those which are provided by the law, meet the universally recognized norms of international law and protection of the rights, freedoms and advantage of other persons, prevention of disclosure of information obtained confidentially or ensuring authority and impartiality of justice are necessary for the benefit of homeland security, territorial integrity, economic well-being of nation, public order, for the purpose of prevention of mass riots and crimes.

(3) part Provisions (2) restrictions of the rights proclaimed in Articles 20 - 24 do not allow.

(4) Restriction shall correspond to the circumstance which caused it and cannot affect existence of the right or freedom."

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