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Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of November 23, 2015 No. 28

About control of constitutionality of some provisions of Art. 1 of the Law No. 54 of February 21, 2003 on counteraction of extremist activities (use of Nazi symbolics) (the Address No. 29a/2015)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Tudor Pantsyru,

Victor of Pop, judges,

with the assistance of the secretary of meeting Theodor Papuk,

in view of the address provided and registered on June 29, 2015

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 which was brought into the Constitutional court on June 29, 2015 by the deputy of Parliament Stefan Krjange, 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) and Art. 39 of the Code of the constitutional jurisdiction, about control of constitutionality of syntagma "attributes or the symbolics similar […] to extent of mixing" from Art. 1 of the item b) the Law No. 54 of February 21, 2003 on counteraction of extremist activities.

2. The author of the address considers that the disputed syntagma which prohibits use of attributes or the symbolics similar to Nazi attributes or symbolics to extent of mixing violates the Art. 31, of Art. 32 and Art. 54 of the Constitution.

3. Determination of the Constitutional court of October 6, 2015, without decision in essence, the address was acknowledged acceptable.

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

5. In open plenary meeting of the Constitutional court of the author of the address Stefan Krjange represented Dumitru Roman. From Parliament there was Valeriu Kuchuk. The government was provided by the deputy minister of justice Eduard Serbenko.

Actual circumstances

6. The law No. 54 on counteraction of extremist activities was adopted by Parliament of the Republic of Moldova on February 21, 2003. The law determines concepts, the principles and establishes normative basis for counteraction of extremist activities.

7. In article 1 of the Law No. 54 on counteraction of extremist activities definition of concept of extremist activities is given and its forms among which promotion and public demonstration of Nazi attributes or the symbolics, attributes or symbolics similar to Nazi attributes or symbolics to extent of mixing [the item b) are listed are specified].

8. In Article 2 of the item and) the Law No. 54 the principles of counteraction of extremist activities among which there is recognition, observance and protection of human rights and freedoms, and equally legitimate interests of the organizations are listed.

9. According to Art. 6 of this law, in the Republic of Moldova creation and activities of public and religious associations are prohibited, other organizations, the purpose or actions of which are directed to implementation of extremist activities. Material is recognized the extremist decision of degree of jurisdiction. Based on the judgment the Ministry of Justice the order includes material in the Register of materials of extremist nature.

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