Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of May 22, 2014 No. 13

About control of constitutionality of item 72 of the Art. IX of the Law No. 324 of December 23, 2013 on modification and amendments in some legal acts (fiscal accounting of persons of liberal professions) (the address No. 12a/2014)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Tudor Pantsyru,

Victor of Pop,

Petra Reiljan, judges,

with the assistance of the secretary of meeting Alena Balaban,

in view of the address provided and registered on February 21, 2014

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

3. Determination of May 19, 2014 without decision in essence the Constitutional court recognized the address acceptable.

4. During consideration of the address the Constitutional court requested opinions of Parliament, the President of the Republic of Moldova, the Government, the National center for personal data protection, National union of legal executives, the Union of lawyers of the Republic of Moldova, Council of mediation, "Union of Notaries of the Republic of Moldova" and "National League of Notaries" public organizations, and also association of notaries of Moldova of "Nota".

5. In open plenary meeting of the Constitutional court the address was reasoned by the author, the deputy of Parliament Mihai Godya. From Parliament there was Serdzhiu Kirike, the main consultant of General legal management of the Secretariat of Parliament. The government directed the chief of legal management of the Ministry of Finance, Valeriu Sekash as the representative. Were present also: from the Center for personal data protection – the head of department on legal issues and public relations Nicolae Lungu; from the Union of lawyers – the lawyer to Alexander Tsurkan; from "Union of Notaries of the Republic of Moldova" public organization - the notary Elena Mokanu; from National union of legal executives – its chairman, Roman Talmach.

Actual circumstances

Applicable legislation

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

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 4. Human rights and freedoms

"(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.

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