RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of November 15, 2012 No. 14

About control of constitutionality of some provisions of the Code of civil procedure of the Republic of Moldova No. 225-XV of May 30, 2003 (the Address No. 21a/2012)

Name of the Republic of Moldova

Constitutional court in structure:

To Alexander TENASE, chairman, judge-speaker

Victor PUSKAS,

Petra RAJLJAN,

Elena SAFALERU,

Valeria SHTERBETS, judges,

with the assistance of Lyudmila Kikhay, court session secretary,

in view of the address provided and registered on July 13, 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 of the deputy of Parliament Sergey Syrbu provided on July 13, 2012 based on Art. 135 of the h formed the basis for consideration of the case. (1) item a) Constitutions, Art. 25 of the item and) Law on the Constitutional court and Art. 38 of the h. (1) the item and) the Code of the constitutional jurisdiction, about control of constitutionality of some provisions of the Code of civil procedure of the Republic of Moldova No. 225-XV of May 30, 2003.

2. The author of the address considers, in particular, that provisions of Art. 166 of the h. (2) item h), Art. 167 of the h. (1) item d), Art. 170 of the h. (1) item and), Art. 267 of the item and), Art. 347 of the h. (3), Art. 348 of the h. (2) the item е) the Code of civil procedure which oblige the applicant "observe pre-judicial procedure for the dispute resolution if that is established by the law for such disputes or is provided by the agreement of the parties", Art. 1, of 6, of 20, of 53, of 54, of 66, of 114, 115 and 116 Constitutions contradict.

3. According to the author of the address, provision of Art. 470 of p. (1-1) Code of civil procedure, the Ministries of Justice and National Bank of Moldova obliging the degree of jurisdiction considering the petition for recognition of the decision of degree of jurisdiction to inform on it, break Art. provisions 6, of 114, 115 and 116 Constitutions.

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

5. During consideration of the address the Constitutional court requested opinion of Parliament of the President of the Republic of Moldova, the Government, Ministry of Justice, the Supreme council of magistracy and the Highest trial chamber.

6. The author of the address participated in open plenary meeting of the Constitutional court personally. 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.

APPLICABLE LEGISLATION

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

Article 6 Separation and interaction of the authorities

"In the Republic of Moldova the legislative, executive and judicial authorities are divided and interact when implementing the prerogatives according to Constitution provisions."

Article 20 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) Any law cannot limit access to justice."

Article 26 Right of defense

"(1) the Right of defense is guaranteed.

(2) Each person has the right independently to react by legal methods to violation of the rights and freedoms.

[...]".

The article 53 Right of Person, restrained by the power

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