Name of the Republic of Moldova
of May 2, 2017 No. 14
About interpretation of Art. 11 of the Constitution (permanent neutrality) (address No. 37b/2014)
Constitutional court in structure:
To Alexander Tenase, chairman,
Auryl to Beesh,
Victor of Pop,
Vyacheslav Zaporozhan, judges,
with the assistance of the secretary of meeting Lyudmila Kikhay,
in view of the address provided and registered on May 26, 2014
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 May 26, 2014 by deputies of Parliament Mihai Ghimpu, to Valeriu Muntyan, George Brega and Corinna Fusu according to provisions of Art. 135 of the h formed the basis for consideration of the case. (1) item b) Constitutions, Art. 4 of the h. (1) item b), Art. 25 of the item g) Law on the Constitutional court and Art. 4 of the h. (1) item b), Art. 38 of the h. (1) the item g) the Code of the constitutional jurisdiction, about interpretation of Art. 11 of the Constitution of the following content:
"(1) the Republic of Moldova proclaims the permanent neutrality.
(2) the Republic of Moldova does not allow placement in the territory of armed forces of other states".
2. Authors of the address ask the Constitutional court to clear the next moments by means of interpretation of Art. 11 of the Constitution:
"1. Considering the fact that from the moment of acceptance and entry into force of the Constitution in the territory of the Republic of Moldova troops of other state are deployed whether provisions of Art. 11 of the Constitution lost the force?
2. In view of existence of the state Republic of Moldova whether departure from the principle of the permanent neutrality enshrined in Art. 11 of the Constitution is admissible in case preserving neutrality can lead to disintegration or even disappearance of the state?
3. Whether placement in the territory of the Republic of Moldova of the troops created by group of the states, or acting under the international mandate contradicts provisions of Art. 11 of the Constitution?"
3. Determination of the Constitutional court of September 10, 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 and the Government, and also necessary information in the Ministry of Foreign Affairs and European Integration.
5. For permission of this case the Constitutional court addresses the facts determined in practice of ECHR based on proofs, notes of the parties and statements of the witnesses heard in Chisinau and Tiraspol [see case to Ilashk and others against Moldova and Russia, the decision of Big chamber of the European Court of Human Rights (further – ECHR) of July 8, 2004; Ivantsok and others against Moldova and the Russian Federation, the decision of November 15, 2011, Katan and others against Moldova and the Russian Federation, the decision of Big Chamber ECHR of October 19, 2012"].
A. Collapse of the USSR and Dnestr separatist conflict
1 Collapse of the USSR, department of Transnistria and independence of the Republic of Moldova
6. The Moldavian Soviet Socialist Republic was formed by the decision of the Supreme Council of the USSR of August 2, 1940 in the territory of Bessarabia annexed by the USSR on June 28, 1940 as a result of signing of the USSR and fascist Germany of the non-aggression pact (Molotov-Ribbentrop Pact), and the Ukrainian part of left bank of Dniester (USSR) under the name Transnistria. Russian was recognized in the new Soviet republic as state language. Right after formation of MSSR the Latin alphabet was replaced with Cyrillics.
7. In August and September, 1989 the Supreme Council of Moldova issued two laws on introduction of the Latin alphabet and declaration (Moldavian) Romanian as the first state language instead of Russian.
8. On April 27, 1990 the Supreme Council approved new three-colored flag (tricolor – red, yellow, blue), the Moldavian coat of arms and the national anthem. In June, 1990, the inspired by movement for self-determination and establishment of independence within the Soviet Union, Moldavian Soviet Socialist Republic began to be called the Soviet Socialist Republic Moldova.
9. On May 23, 1991 the Soviet Socialist Republic Moldova changed the name for the Republic of Moldova.
10. On September 2, 1990 so-called "Dnestr Moldavian Republic" ("DMR") was proclaimed. On August 25, 1991 "the Supreme Council of PMR" adopted the declaration on independence of "PMR".
11. Till today "PMR" was not acknowledged as the international community.
12. The parliament of the Republic of Moldova adopted on August 27, 1991 the Declaration on independence of the Republic of Moldova which includes Transnistria. At that time the Republic of Moldova had no own army. Armed forces of the Republic of Moldova were created by the Presidential decree of the Republic of Moldova No. 193 of September 3, 1991. The parliament of the Republic of Moldova asked the Government of the USSR "begin negotiations with the Government of the Republic of Moldova for the termination of illegal occupation of the Republic of Moldova and removal of the Soviet troops with the territory of the Republic of Moldova".
13. After declaration of independence of the Republic of Moldova the 14th army of the Odessa military district of the Ministry of Defence of the USSR which General Staff was in Chisinau since 1956 remained in the territory of the Republic of Moldova. Since 1990 considerable movement of military equipment is observed, from the territory of the Republic of Moldova large number of arms was exported.
14. During 1991 the 14th army had several thousand soldiers, infantry and artillery parts equipped, in particular, with rocket and antiaircraft system, armored vehicles and aircraft (including warplanes and helicopters) and several warehouses of ammunition. The biggest warehouse of ammunition in Europe was in the Dnestr village of Kobasna.
15. Except arms which equipped the 14th army had warehouses of ammunition and DOSAAF (Volunteer Society for Cooperation with the Army, Aviation, and Fleet) which was located in the territory of the Republic of Moldova and being the state organization created in 1951 for the purpose of training of the civilian population on case of military threat.
16. After declaration of independence of the Republic of Moldova military equipment of DOSAAF which was in the territory under control to the Government of the Republic of Moldova carried over this organization, other property carried over the Dnestr separatists.
17. The so-called "Supreme Council of the Dnestr Moldavian Republic" made on September 6, 1991 the decision on distribution of jurisdiction of "the Dnestr Republic" on all public institutions, the companies, the organizations, divisions of militia, bodies of prosecutor's office, judicial authorities, divisions of KGB and other bodies of Transnistria, except for bodies of the Soviet armed forces. The address to officer and younger officers, other military personnel of the bodies deployed in Transnistria "was distributed show civil solidarity and be mobilized for protection of the so-called "Dnestr Republic" along with representatives of workers in case of military threat from the Republic of Moldova".
18. "The chairman of the Supreme Council of the Dnestr Moldavian Soviet Socialist Republic" passed on September 18, 1991 the decision on distribution of jurisdiction of "republic" on bodies of the Soviet armed forces deployed in Transnistria.
19. The decree No. 234 of November 14, 1991 the President of the Republic of Moldova Mr. Snegur announced property of the Republic of Moldova arms, military vehicles, military warehouses and other property belonging to bodies of the Soviet armed forces deployed in the territory of the Republic of Moldova.
20. The Republic of Belarus, the Russian Federation and Ukraine signed on December 8, 1991 the agreement on the termination of existence of the USSR in Minsk.
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