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Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of October 28, 2016 No. 29

About exceptional case of illegality of some provisions of the item 34 of appendix No. 3 to the Order of the Government No. 360 of June 25, 1996 about the state control of quality in construction (competence of the Government on establishment of sanctions) (Addresses No. 73g/2016 and 125g/2016)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Tudor Pantsyru,

Victor of Pop,

Vyacheslav Zaporozhan, judges,

with the assistance of the secretary of meeting Alena Balaban,

in view of the addresses provided and registered on June 20, 2016 and on October 24, 2016

having considered the specified addresses at 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 about exceptional case of illegality of the first and third paragraphs of the item 34 of appendix No. 3 to the Order of the Government No. 360 of June 25, 1996 about the state control of quality in construction provided at the request of the administrator of commercial society "Dami Grup" of the Ltd company, Oleg Datsko, within case No. 3ra-580/2016, who is in production of the Highest trial chamber, and one of the parties in process, Apartament Consulting LLC within the case No. 3-704/2016, considered by court of the sector Ryshkan мун formed the basis for consideration of the case. Chisinau.

2. Addresses were brought into the Constitutional court on June 20, 2016 and on October 24, 2016 by the expanded board on civil, commercial and administrative cases of the Highest trial chamber and the judge of court of the sector Ryshkan мун. Chisinau Vitaly Chumak according to provisions of Art. 135 of the h. (1) the item and) and the item g) Constitutions, in the light of its interpretation by the Resolution of the Constitutional court No. 2 of February 9, 2016, and also Regulations on procedure for consideration of the addresses brought into the Constitutional court.

3. Authors of the address consider that provisions of the first and third paragraphs of the item 34 of appendix No. 3 to the Order of the Government No. 360 of June 25, 1996 according to which the State inspectorate in construction has the right to inflict sanctions contradict the Art. 6, of Art. 46 of the h. (4), Art. 72 of the h. (3) item r) and Art. 102 of the h. (2) Constitutions.

4. Determination of the Constitutional court of July 8, 2016, without decision in essence, the address No. 73g/2016 was acknowledged acceptable. Based on item 25 of the Regulations on procedure for consideration of the addresses brought into the Constitutional court, on October 28, 2016 the Constitutional court combined permission of question of the address No. 125g/2016 acceptability with consideration it in essence.

5. Considering identity of object, based on Art. 43 of the Code of the constitutional jurisdiction, the Constitutional court combined addresses to one production.

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

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