Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of June 20, 2013 No. 15

About control of constitutionality of some provisions of the Law of the Republic of Moldova of November 8, 2002 No. 1453-XI about notariate (the Address No. 7a/2013)

Constitutional court in structure:

Igor Dolya, chairman,

Auryl to Beesh,

Victor of Pop,

Petra Reiljan, judges,

with the assistance of the secretary of meeting Evgeny Osipov,

in view of the address provided and registered on March 26, 2013

having considered the specified address in open plenary meeting,

considering acts and case papers,

having held meeting behind closed doors,

issues the following decree:

Points of order

1. The address of the deputy of Parliament Sergey Syrbu brought into the Constitutional court on March 26, 2013 according to provisions of 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. 1453-XIV of November 8, 2002 on notariate.

2. The author of the address considers, in particular, that the termination of activities of the notary the order of the Minister of Justice in case of revocation of license or discrepancy to requirements of the Art. 9, and also imposing of authority punishments (suspension of powers or revocation of license) by the Minister of Justice on the basis of the decision of disciplinary board 46 and 54 Constitutions, and also Art. 1 of the Protocol No. 1 to the European convention contradict provisions of Articles 23,.

3. Determination of the Constitutional court of April 12, 2013, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the address the Constitutional court requested opinions of Parliament, the Government, the President of the Republic of Moldova, public organizations of the Union of notaries of the Republic of Moldova, Association of notaries of Moldova of "Nota" and National league of notaries.

5. In open plenary meeting of the Constitutional court the address was reasoned by the author, the deputy of Parliament Sergey Syrbu. The parliament was provided by the main consultant of general legal management of the Secretariat of Parliament Serdzhiu Kirike. The government was provided by the head of department of legal professions and services of the Ministry of Justice Vladislav Kyrlan.

Actual circumstances

6. The law No. 1453-XIV of November 8, 2002 on notariate provides the principles and procedure of notarial activities, the main requirements to making of notarial acts, the status of the notary.

7. In part (1) article 15 of the law the exhaustive statement of circumstances under which activities of the notary stop is given. Part (3) this Article provides that: "Suspension of operations of the notary based on Items a), d) – f), h) and i) parts (1) it is performed based on the decision of disciplinary board by the order of the Minister of Justice."

8. Article 16 of the h. (1) the law provides cases of the termination of activities of the notary performed according to the h. (2) the order of the Minister of Justice with the subsequent revocation of license, its exception of the State register of notaries and publication of the order in the Official monitor of the Republic of Moldova. According to the p. (4) 16, the order on the termination of activities of the notary can be appealed by the Art. in degree of jurisdiction.

9. Also the Law No. 1453-XIV of November 8, 2002 determines that the notary bears responsibility for violation of professional obligations. The authority punishments imposed on notaries depending on weight of offense are provided in Art. 24 of the h. (1) the specified law. And h. (2) and (5) this Article provide that authority punishments are imposed by the Minister of Justice on the basis of the decision of disciplinary board. The order on imposing of authority punishment can be appealed in degree of jurisdiction.

Applicable legislation

10. Applicable provisions of the Constitution (M.O., 1994, No. 1, Art. 1):

Article 1

State Republic of Moldova

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