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Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of May 15, 2015 No. 13

About control of constitutionality of the Law No. 261 of November 1, 2013 on Board of doctors of the Republic of Moldova (the Address No. 16a/2014)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Victor of Pop, judges,

with the assistance of the secretary of meeting Lyudmila Kikhay,

in view of the address provided and registered on March 5, 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

1. The address brought into the Constitutional court on March 5, 2014 by deputies of Parliament Artur Reshetnikov and Igor Vremya 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 the Art. 2, 3, 4, 6, 7, 9, 20, 21 and 22 Laws No. 261 of November 1, 2013 on Board of doctors of the Republic of Moldova.

2. Authors of the address consider that some functions of Board of doctors protivorechatst.1 h. (3), Art. 16, 20, Art. 72 of the h. (3), Art. 96, 107, 114 Constitutions.

3. Determination of the Constitutional court of March 25, 2014, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the address the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova and the Government.

5. In open plenary meeting of the Constitutional court the address was reasoned by the author – Igor Vremya. The parliament was provided by the head of department of private law of general legal management of the Secretariat of Parliament Serdzhiu Bivol. The government was provided by the chief of legal management of the Ministry of Health Andrey Shvets.

Actual circumstances

6. On November 1, 2013 the Parliament of the Republic of Moldova adopted the Law No. 261 on Board of doctors of the Republic of Moldova which is the professional organization of the public law of the medical case of the country which is not aiming at acquisition of property or profit earning which principal object of activities are monitoring and supervision of implementation of professional profession of a physician, maintenance of prestige of profession in social life according to the legislation.

7. Article 6 of the law provides that membership in Board is found as a result of filing of application on the basis of free declaration of will of the doctor, after payment of the admission fee.

8. The law equips Board with the following functions: estimate the level of professional qualification of doctors; equate documents on the post-university medical and pharmaceutical education got abroad; participate in development industry the politician; draw the conclusions in connection with creation of medical clinics, etc.

9. The board can impose authority professional punishments on members of board.

Applicable legislation

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

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 23. Right of each person to knowledge of the rights and obligations

"(1) Each person has the right to recognition of its legal personality.

(2) the State provides the right of each person to knowledge of the rights and obligations. For this purpose the state publishes all laws and other regulations and provides their availability."

Article 36. Right to health protection

"(1) the Right to health protection is guaranteed.

(2) the Minimum level of the state medical support is free.

(3) Structure of national health care system and means, intended for protection of physical and mental health of person, are established according to the organic law."

Article 72. Types of the laws

"(1) the Parliament adopts the constitutional, organic and ordinary laws.

(2) the Constitutional laws are the laws on review of the Constitution.

(3) are regulated by the Organic law:

a) the electoral system;

b) organization and holding referendum;

c) organization and activities of Parliament;

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