Name of the Republic of Moldova
of May 10, 2017 No. 17
About exceptional case of illegality of some provisions of Art. 22 of the h. (1) item v) Executive code (prohibition on issue of documents of civil status, identity documents, or car driver licenses) (address No. 20g/2017)
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 Georgy Renitse,
in view of the address provided and registered on February 15, 2017
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 about exceptional case of illegality of some provisions of Art. 22 of the h formed the basis for consideration of the case. (1) the item v) the Executive code of the Republic of Moldova No. 443-XV of December 24, 2004 according to which the prohibition on issue of documents of civil status, identity documents, or car driver licenses is imposed only by degree of jurisdiction, declared by the judge Ion Gizdar in No. 25-248/16, Belts which is in production of court, the area Felesht.
2. The address was brought into the Constitutional court on February 15, 2017 by Ion Gizdar, the judge in court of Belts, the area Felesht, according to 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. The author of the address, in fact, claims that provisions of Art. 22 of the h. (1) the item v) the Executive code according to which the degree of jurisdiction can impose ban on issue of documents of civil status, identity documents, or car driver licenses 28 and 54 Constitutions contradict Articles 23, of 27,.
4. Determination of the Constitutional court of March 9, 2017, without decision in essence, the address was acknowledged acceptable.
5. During consideration of the address the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government and National union of legal executives.
6. In open plenary meeting the address was supported by the judge Ion Gizdar. The government was represented by Eduard Serbenko, the deputy minister of justice. The parliament did not direct the representative.
Circumstances of the main dispute
7. The court of the area Felesht accepted the writ No. 2p/o-153/15 of September 28, 2015 about collection with K.S. for benefit of JV Credit Rapid LLC of debt in the amount of 7219,86 of leu and the state fee in the amount of 135 lei.
8. The legal executive Matak Sergey took out on November 9, 2016 determination about excitement of enforcement proceeding and ensuring execution of this writ.
9. The legal executive took to court on December 22, 2016 the area Felesht (now – court of Belts, the area Felesht) the petition for imposing on the debtor of prohibition on issue of documents of civil status, identity documents, and car driver licenses, according to Art. 22 of the h. (1) item v) Executive code.
10. In judicial session of February 2, 2017 the court of Belts, the area Felesht, on own initiative determined to send inquiry for exceptional case of illegality of Art. 22 of the h. (1) the item v) the Executive code in the Constitutional court for permission.
11. Applicable provisions of the Constitution of the Republic of Moldova (repeated publication in M.O., 2016, No. 78, the Art. 140):
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 27 Movement Right to Liberty
"(1) the movement Right to liberty over the country is guaranteed.
(2) the right to settle or stay in any settlement of the country, to leave the country, to emigrate from it is provided to Each citizen of the Republic of Moldova and to return to it".
Article 28 Intimate, family and private life
"The state respects and protects intimate, family and private life".
Article 54 Restriction of Implementation of the Rights or Freedoms
"(1) In the Republic of Moldova the laws prohibiting or diminishing the rights and fundamental freedoms of man and citizen cannot be adopted.
(2) Implementation of the rights and freedoms is not subject to any restrictions, except those which are provided by the law, meet the universally recognized norms of international law and protection of the rights, freedoms and advantage of other persons, prevention of disclosure of information obtained confidentially or ensuring authority and impartiality of justice are necessary for the benefit of homeland security, territorial integrity, economic well-being of nation, public order, for the purpose of prevention of mass riots and crimes.
(3) part Provisions (2) restrictions of the rights proclaimed in Articles 20 - 24 do not allow.
(4) Restriction shall correspond to the circumstance which caused it and cannot affect existence of the right or freedom".
12. Applicable provisions of the Executive code of the Republic of Moldova No. 443-XV of December 24, 2004 (repeated publication in M.O., 2010, Art. No. 214-220, 704):
Article 22 of the Right and obligation of the legal executive
"(1) the Legal executive has the right:
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