Name of the Republic of Moldova
of March 3, 2016 No. 6
About exceptional case of illegality of Art. 53 of the item c) the Law No. 158-XVI of July 4, 2008 on the state position and the status of the government employee and Art. 76 of the item g) the Labor code (suspension of the office relations) (the Address No. 50g/2015)
Constitutional court in structure:
To Alexander Tenase, chairman,
Auryl to Beesh,
Victor of Pop, judges,
with the assistance of the secretary of meeting Eugenia Myza,
in view of the address provided and registered on November 20, 2015
having considered the specified address in open plenary meeting,
considering acts and case papers,
having carried out discussion in the consultative room,
issues the following decree.
Points of order
1. The address brought into the Constitutional court on November 20, 2015 by the Highest trial chamber according to provisions of Art. 135 of the h formed the basis for consideration of the case. (1) item g) Constitutions, Art. 25 of the item d) Law on the Constitutional court and Art. 38 of the h. (1) the item d) the Code of the constitutional jurisdiction, about exceptional case of illegality of Art. 53 of the item c) the Law No. 158-XVI of July 4, 2008 on the state position and the status of the government employee and Art. 76 of the item g) the Labor code, to Keushen which is in the production of court declared by Anatoly Foksha in the matter of No. 3-137/2015,.
2. The author of the address, in effect, considers that as a result of suspension by body of the public power of the office relations based on Art. 53 of the item c) of the Law No. 158 of July 4, 2008 and Art. 76 of the item g) the Labor code provisions of Articles 21, of 43, 47 and 54 Constitutions are broken.
3. Determination of the Constitutional court of December 7, 2015, 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 the address was supported by the author of the address Anatoly Foksha. The parliament was represented by Serdzhiu Bivol, the head of department in the head legal department of the Secretariat of Parliament. The government was represented by Eduard Serbenko, the deputy minister of justice, and Laura Greku, the deputy minister of work, social protection and family.
Circumstances of the main dispute
6. The court of Keushen considers the action for declaration of Anatoly Foksha against primar and primeriya of Keushen about cancellation of the administrative act, collection of the salary for the entire period of forced absence from work and compensation of moral damage.
7. The order of primar of Keushen of August 21, 2012 suspended the office relations with Anatoly Foksha holding the lawyer's position before entry into force of the final judgment on the criminal case brought against it.
8. Anatoly Foksha, do not agree with the order of primar of Keushen, on August 23, 2012 filed the action for declaration in administrative court.
9. The prosecutor took criminal case concerning Foksha Anatoly to court on January 23, 2012. He was accused of crime execution, the h provided by Art. 310. (1) the Criminal code which essence consisted that it submitted in degree of jurisdiction the forged report as the proof on civil case where acted on behalf of primeriya of Keushen.
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