AGREEMENT

 


The Republic of Moldova and Transdniestria, hereinafter referred to as the Parties,

Striving rapidly and comprehensively to overcome by exclusively peaceful and political means the consequences of the conflict which occurred in the Transdniestrian region of the Republic of Moldova;

Recognizing the responsibility for integrating the country, for securing civil peace, trust, mutual understanding, and concord in society;

 

have agreed to the following:

Chapter 1. Fundamentals of the Constitutional System of the Republic of Moldova

Article 1
The Republic of Moldova is a democratic, federal State, governed by the rule of law, with a republican form of government, the policy of which is oriented toward creating conditions ensuring a decent life and free development for the individual.

Article 2
The human being, his rights and freedoms represent supreme values. The recognition, observance, and protection of human rights and rights and freedoms of the citizens are the obligation of the State.
Every citizen is guaranteed judicial protection of his/her rights and freedoms.
The decisions and actions (or lack of action) of the central authorities, local administration, public associations, and civil servants may be challenged in court.
Each citizen is entitled, in accordance with the international treaties entered into by the
Republic of Moldova, to appeal to international human rights institutions, in case all domestic legal remedies have been exhausted.


Article 3
National sovereignty resides with the people of the
Republic of Moldova, who are the only source of State power.
The people shall exercise their power directly and through central and local authorities.
The sovereignty of the
Republic of Moldova applies on its entire territory.
The Constitution and the laws of the
Republic of Moldova have supremacy on the entire territory of the Republic of Moldova.
The
Republic of Moldova guarantees the territorial integrity and inalienability of its territory.

Article 4
State-territorial entities shall be established within the
Republic of Moldova. They shall be entitled to have their own constitution and legislation.
The state order of the
Republic of Moldova is based on its state integrity, unity of the system of State power, delimitation of competencies and powers between the State authorities of the Republic of Moldova and the authorities of the state-territorial entities of the Republic of Moldova.
In their interrelations with the central authorities of the
Republic of Moldova, the state-territorial entities of the Republic of Moldova shall enjoy equal rights vis-ŗ-vis each other.

Article 5
The citizenship of the
Republic of Moldova is acquired or lost in accordance with the law and is single and equal irrespective of the bases of its acquisition.
Each citizen of the
Republic of Moldova shall enjoy on its territory all the rights and freedoms and shall bear equal responsibilities as provided by the Constitution of the Republic of Moldova.

Article 6
The unity of economic space, free movement of commodities, services, and financial means, and the freedom of economic activity are guaranteed in the
Republic of Moldova.
Private, State, municipal, and other types of property shall be equally recognized and protected in the
Republic of Moldova.


Article 7
The legislative, executive, and judicial branches in the
Republic of Moldova are separate and interact in the exercise of their prerogatives in accordance with the provisions of the Constitution.
The legislative, executive, and judicial bodies are independent.

Article 8
State power
in the
Republic of Moldova is exercised by the President of the Republic of Moldova, the Parliament (Chamber of Representatives and Chamber of Legislators), the Government of the Republic of Moldova, the courts of the Republic of Moldova.
State power in the state-territorial entities of the
Republic of Moldova is exercised through organs of State power to be established by them.
Delimitation of competencies and powers between the bodies of State power of the
Republic of Moldova and the bodies of the state-territorial entities of the Republic of Moldova shall be realized through the present Agreement, the Constitution and the laws of the Republic of Moldova, other agreements on delimitation of competencies and powers.

Article 9
Local self-government shall be recognized and guaranteed in the
Republic of Moldova. The local self-government is independent within the limits of its competencies.

Article 10
Political diversity and a multi-party system shall be recognized in the
Republic of Moldova.


Chapter 2. State Order

Article 11
The territorial organization of the
Republic of Moldova shall include the state-territorial entities to be established, by which is meant constitutionally bound internal self-government of a part of the State territory.


Article 12
The status of the state-territorial entities shall be determined by the present Agreement, the Constitution and the laws of the
Republic of Moldova.
Their status may be modified by mutual consent of the
Republic of Moldova and the state-territorial entities in accordance with the Constitution.

Article 13
The borders of the state-territorial entities of the
Republic of Moldova may be changed by their consent and that of the Republic of Moldova.

Article 14
The national language on the entire territory of the
Republic of Moldova is Moldovan, and its writing is based on the Latin script.
The state-territorial entities have the right to establish their own official languages. These shall be used in the bodies of State authority, local administration, and institutions, along with the State language of the
Republic of Moldova.
The
Republic of Moldova guarantees the right to all people living on its territory to preserve their native language and to create conditions for its study and development.

Article 15
The Republic of Moldova shall have the following competencies:
a. Adoption and amendment of the Constitution and the laws of the Republic of Moldova and control over their implementation;
b. State order and the territory of the Republic of Moldova;
c. Regulation and protection of the rights and freedoms of the individual and citizen; citizenship in the Republic of Moldova, regulation and protection of the rights of national minorities;
d. Establishing the legislative, executive, and judicial systems, the procedures of their organization and functioning; forming bodies of State authority;
e. State property and its management;
f. Establishing the fundamentals of policy and programs in the areas of State, economic, ecological, social, cultural, and national development of the Republic of Moldova;
g. Establishing the legal bases for a unified market; financial, currency, credit, customs control regulations, money issuance, foundations of a price policy; economic agencies, including the National Bank;
h. Republican budget, taxes and duties;
i. Power supply systems, transport, railroads, information, and communications;
j. Foreign policy and international relations of the Republic of Moldova, international treaties of the Republic of Moldova, matters of war and peace;
k. Foreign economic relations of the Republic of Moldova;
l. Defense and security; defense industry; determination of procedures for selling and buying arms, ammunition, military equipment, and other military property; production of poisonous substances, drugs, and regulations for their use;
m. Determining the status of and protecting State borders and the airspace of the Republic of Moldova; the regime of frontier zones;
n. Judicial system, law enforcement, criminal legislation, criminal procedural legislation, and legislation on enforcing sentences; amnesty and pardon; civil legislation, civil procedural legislation, and arbitration procedural legislation; legal regulation of intellectual property;
o. Legal collisions;
p. Meteorological service, standards, models, metric system, time measurement, geodesy and cartography, geographical names, official statistical registration and accounting;
q. State awards and honorary titles of the Republic of Moldova.

Article 16
The joint competencies of the Republic of Moldova and state-territorial entities include:
a. Ensuring that the constitutions and laws of the state-territorial entities correspond to the present Agreement, the Constitution and the laws of the Republic of Moldova;
b. Protecting the rights and freedoms of the individual and citizen; protecting the rights of national minorities; ensuring legality and the rule of law;
c. Issues of property, use and management of land, earth, water, and other natural resources;
d. Delimitation of State property;
e. Nature management; environmental protection and ecological safety; protection of natural territories; historical and cultural monuments;
f. General issues of instruction, education, science, culture, physical training and sports;
g. Coordinating health care issues; protection of family, motherhood, fatherhood, and childhood; social security, including welfare;
h. Implementing measures for managing catastrophes, natural disasters, epidemics, and eradicating their consequences;
i. Establishing common principles of taxation;
j. Administrative, administrative procedural, labor, family, residence, land, water, forest legislation, legislation on earth resources, legislation on environmental protection;
k. Staff of the judicial and law enforcement bodies, the Bar, Notaryís Office;
l. Establishing common principles for the organization of the system of State authority and local self-government.

The provisions of this article shall apply to all the state-territorial entities equally.
The implementation of joint competencies and the exclusive competencies of the
Republic of Moldova and the state-territorial entities as agreed by the Parties and shall proceed on a step-by-step basis.

Article 17
Beyond the limits of competencies of the
Republic of Moldova and its powers in the areas of joint competency of the Republic of Moldova and the state-territorial entities of the Republic of Moldova, the state-territorial entities of the Republic of Moldova enjoy full State power.

Article 18
The establishment of internal customs borders, taxes, duties, or any other impediments to the free movement of commodities, services, and financial recourses is forbidden on the territory of the
Republic of Moldova.
Limitations to the movement of commodities and services may be introduced in accordance with the legislation of the
Republic of Moldova, if necessary for security reasons, for ensuring the lives and well-being of people, for safeguarding nature and cultural values.

Article 19
The monetary unit of the
Republic of Moldova is the Lei. Money issuance shall be executed solely by the National Bank of the Republic of Moldova. Introduction or issuance of other currency is forbidden in the Republic of Moldova.

Article 20
Constitutional laws shall be adopted concerning the competencies of the
Republic of Moldova having direct force on the entire territory of the Republic of Moldova.
Laws of the
Republic of Moldova shall be adopted, as well as laws and other normative acts of the state-territorial entities of the Republic of Moldova conforming with the former, shall be adopted, regulating the areas of joint competencies of the Republic of Moldova and the state-territorial entities.
Beyond the competencies of the
Republic of Moldova, and the joint competencies of the Republic of Moldova and the state-territorial entities of the Republic of Moldova, the state-territorial entities shall execute their own legal set-up, including passing of laws and other normative legal acts.
The laws and other normative legal acts of the state-territorial entities of the
Republic of Moldova shall not contradict the laws of the Republic of Moldova. In case of contradiction, the law of the Republic of Moldova shall prevail.

Article 21

The state-territorial entities shall determine the system of organs of State authority independently in accordance with the fundamentals of the constitutional system of the Republic of Moldova and the common principles of organization of the legislative and executive branches of State authority.
Organs of executive authority of the
Republic of Moldova and organs of executive authority of the state-territorial entities shall constitute one unified Executive Branch system in the Republic of Moldova.

Article 22
With a view to implementing their competencies, the organs of executive authority of the
Republic of Moldova may establish their territorial organs and appoint relevant officials.
By common agreement with the organs of executive authority of the state-territorial entities, the organs of executive authority of the
Republic of Moldova may delegate implementation of part of their competencies to them, if this does not contradict the present Agreement, the Constitution and the laws of the Republic of Moldova.
By common agreement with the organs of executive authority of the
Republic of Moldova, organs of executive authority of the state-territorial entities may delegate implementation of part of their competencies to them.
The President of the
Republic of Moldova and the Government shall ensure the implementation of State authority competencies throughout the Republic of Moldova, in accordance with the present Agreement and the Constitution of the Republic of Moldova.


Chapter 3. The President of the Republic of Moldova

Article 23
The President of the
Republic of Moldova is the Head of State.
In accordance with the Constitution and the laws of the
Republic of Moldova, the President shall determine the main directions of the domestic and foreign policies of the State.

Article 24
The President of the
Republic of Moldova shall be elected at the joint session of both Chambers of the Parliament.
The President of the
Republic of Moldova has all the rights and duties stipulated in the Constitution of the Republic of Moldova and other constitutional laws.
The President of the Republic of Moldova is entitled to suspend the effect of acts of organs of executive authority of the Republic of Moldova and of the state-territorial entities of the Republic of Moldova, in case they violate the Constitution and the laws of the Republic of Moldova, international commitments of the Republic of Moldova, or the rights and freedoms of individuals and citizens, until the issue is settled by an appropriate court of law.
The President of the
Republic of Moldova may utilize agreed procedures for resolving disagreements between organs of State authority of the Republic of Moldova and organs of State authority of the state-territorial entities, and also between organs of State authority of the state-territorial entities. In the event of non-achievement of an agreement resolution, he may transfer resolution of the dispute for review by an appropriate court.

Article 25
The President of the
Republic of Moldova may be removed from office by the Parliament on the basis of the Constitution of the Republic of Moldova.
A decision by the Parliament to remove the President from office requires a two thirds vote by the members of the Parliament.


Chapter 4. The Parliament of the Republic of Moldova

Article 26
The Parliament of the
Republic of Moldova consists of two chambers: the Chamber of Representatives and the Chamber of Legislators. The Chamber of Representatives consists of 71 members. Its members are elected in accordance with the law, by voting based on universal, equal, direct, secret and freely expressed suffrage. The state-territorial entities are guaranteed representation in the Chamber of Legislators in proportion to the number of their voters.
The Chamber of Representatives consists of 30 members and represents the chamber of territorial representation. The state-territorial entities are represented in the Chamber by an equal number of votes.
The election of the Parliament, the organization of its activity, and its competencies are established by the Constitution and the laws of the
Republic of Moldova.


Article 27
The right to legislative initiative belongs to the President of the
Republic of Moldova, the members of the Parliament, the Government of the Republic of Moldova, and the legislative authorities of the state-territorial entities of the Republic of Moldova.
Draft laws are submitted in the Chamber of Legislators.

Article 28
The laws of the
Republic of Moldova are passed by the Chamber of Legislators on the basis of majority vote of the overall number of deputies of this chamber, unless the Constitution provides otherwise.
The laws passed by the Chamber of Legislators shall be submitted to the Chamber of Representatives within 14 days.
A law of the
Republic of Moldova shall be considered as approved by the Chamber of Representatives if more than half of the overall number of members of this chamber voted for it or if the Chamber of Representatives fails to consider it during the 14 days. In case of disagreement by the Chamber of Legislators with the decision of the Chamber of Representatives a law shall be considered as passed if on a second ballot it receives not less than two-thirds majority of votes of the total number of members of the Chamber of Legislators.
In case the President of the
Republic of Moldova rejects a law within fourteen days after its submission, the Parliament shall examine the law for a second time in accordance with the set procedure. If, under the second consideration, the law is passed in the previously adopted version, the President of the Republic of Moldova shall promulgate the law.

Article 29
Constitutional laws are passed on matters envisaged by the present Agreement and the Constitution of the
Republic of Moldova. The Constitutional law is considered as passed if it is approved by two-thirds of the overall number of members of the Chamber of Legislators.

Chapter 5. The Government of the
Republic of Moldova
Article 30
Executive authority of the
Republic of Moldova is exercised by the Government of the Republic of Moldova. The formation, organization of activities, and the powers of the Government are established by the Constitution and laws of the Republic of Moldova.


Chapter 6. The Judicial Authority of the Republic of Moldova

Article 31
Justice in the
Republic of Moldova shall be administered by courts of law only.
The court system of the
Republic of Moldova is established by the Constitution of the Republic of Moldova and its laws. Creation of extraordinary courts is forbidden.


Chapter 7. Local Self-Government in the
Republic of Moldova
Article 32
The local administration guarantees independent resolution of problems of local interest by the people.
Local administration is carried out by the citizens through referenda, elections, other forms of direct expression of will, as well as through electoral and other organs of local administration.

Chapter 8. Guarantees and Transitional Provisions
Article 33
With a view to assuring guarantees for implementation and establishment of a mechanism to fulfill the provisions of this Agreement and other documents on issues of the Transdniestrian settlement,
The Republic of Moldova and Transdniestria mutually guarantee full and unconditional implementation of agreements governing their interrelations.

Article 34
The Parties undertake not to resort to force, or to threats of the use of force, in their mutual relations.
The Parties confirm that any and all disagreements shall be settled by exclusively peaceful means, through negotiations and consultations between the
Republic of Moldova and Transdniestria, with the assistance and mediation of the guarantor-states and the OSCE Mission.

Article 35
The Russian Federation,
Ukraine, and the OSCE are the guarantors of the observance of provisions of the Agreement.

Article 36
The Parties agreed on applying the guarantees for fulfilling the provisions of the Agreement in the following spheres:

I. Political Guarantees
Mutual respect toward the positions of the Parties shall be ensured, as well as the non-acceptance of unilateral measures directed against other Party which could undermine its authority.
The Parties shall develop a coordinated intra-State procedure for entering into force of international documents which affect the interests of Transdniestria.

II. Economic Guarantees
During the transition period, by mutual efforts of the Republic of Moldova and Transdniestria:
- issues regarding the restoration and raising of the economy shall be solved, as well as development of economic relations in such spheres as the fuel-energy complex, transport, communications, etc.; investments projects and creation of joint ventures shall be stimulated;
- the sums and sources of the contributions to the joint state budget shall be determined by mutual agreement;
- the issue of a common currency shall be dealt with step-by-step, until the introduction of which the current currency regulations are maintained;
- the content of cooperation between banks shall be determined through mutual agreement;
- laws on the state property shall be harmonized, as well as the legislation on privatization and property rights registration;
- the tax systems shall be harmonized, by establishing common principles of taxation and by developing a unified legislation in this sphere;
- the work for developing a common legal basis shall be organized.

III. Military Guarantees

In order to support secure peace and stability, the Parties agree to the presence during the transition period of peacekeeping forces under the supervision of the OSCE.
The provision on the peacekeeping forces in Transdniestria is governed by a separate document, which is signed simultaneously with the present Agreement.
In order to strengthen confidence, to complete the unification of the Army, and implement military guarantees, the
Republic of Moldova and Transdniestria jointly undertake during the transition period:
a. To inform each other about planned military activities;
b. To establish the institution of military observers of the Parties at the organized military activities.

IV. Social, Cultural, and Other Guarantees
In the Republic of Moldova there are common coordinated standards in the fields of education, health care, culture, welfare, retirement benefits, levels of social guarantees in labor, social security.
On the entire territory the population enjoys equal and unhindered access to medical care, to general and specialized education; equal conditions shall be created for the implementation of educational and cultural needs and necessities of citizens.
All the authorities in Transdniestria shall ensure the observance of internationally recognized human rights and fundamental freedoms, provisions on the rights and freedoms contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols. The stipulations on these rights and freedoms have superior force over other laws.
Everyone in Transdniestria may appeal to international institutions to defend his/her rights.
All representatives of international organizations shall have access to Transdniestria in order to provide international assistance. All inhabitants of Transdniestria shall also have unhindered and direct access to the staff members of such organizations.
The Parties acknowledge that all the citizens have the right to return to their homes in Transdniestria and
Moldova. The relevant authorities shall take all measures to facilitate the safe return of such persons. The Parties shall take all measures to accommodate them. All these persons are entitled to their property and personal belongings.
Through search mechanisms of the Committee on Missing Persons, the Parties shall cooperate and submit information to the families of all the persons, whose fate is unknown.
The Parties appeal to the international community with the request to provide humanitarian aid primarily for refugees and displaced persons returning to their abandoned homes.

Article 37
Amendments shall be introduced to the Constitution of the
Republic of Moldova to take account of the provisions of the signed documents on the settlement of relations between the Republic of Moldova and Transdniestria.
The constitution and legislation of the subjects of the
Republic of Moldova shall conform to the Constitution of the Republic of Moldova and the present Agreement.


Article 38
The institutions currently functioning in Transdniestria shall be retained until their replacement by bodies established in accordance with the Constitution of the
Republic of Moldova and the present Agreement.
All the laws, decisions, and other acts valid in Transdniestria at the moment of this Agreement entering into force, remain in effect if and until they are replaced by laws and decisions adopted by a competent body.

Article 39
To settle disputes and conflict situations during the transition period, the
Republic of Moldova and Transdniestria agreed to establish joint commissions on the basis of mutual trust.
In the year _____ elections in the two-chamber Parliament of the
Republic of Moldova shall be held, and the new organs of authority of the Republic of Moldova and the state-territorial entities shall be established.

Article 40
From the moment of signature of this Agreement the Parties shall ensure:
- development of mechanisms for establishing a unified budget, banking/credit systems, macroeconomic policy;
- use by Transdniestria of its own monetary unit along with the Moldovan Lei, for cashless payments;
- citizenís rights and freedoms;
- implementation of measures to reduce the armed forces of the Parties to their minimal possible level;
- implementation of measures to combat crime;
- the resolution of other issues.

Article 41
Based on agreements to be reached in the transition period, as well as on documents determining the status of Transdniestria, the Parties agreed with the necessity of preparing and submitting the appropriate legislative initiatives on adding to and amending legislation.
To implement the measures for step-by-step settlement set out in this Agreement, the Parties shall continue to hold regular meetings, shall ensure the uninterrupted work of the commissions on socio-economic development and on coordination and support of the negotiating process.
The Parties may also, if necessary, establish by mutual consent joint or conforming commissions, expert groups, other working bodies for the drafting and implementation of various agreements.
Each Party has the right to pass legal acts, facilitating the implementation of competencies and obligations contained in the present Agreement, on condition that such acts shall not modify, limit, or undermine the obligations set forth in this Agreement.

Article 42
The present Agreement has supreme judicial force, direct effect and it applies on the entire territory of the
Republic of Moldova. Laws and other legal acts adopted in the Republic of Moldova may not violate the present Agreement.
The universally recognized principles and norms of international law are a constituent part of the legal system of the
Republic of Moldova.
This Agreement enters into force from the day of its signature.

For the
Republic of Moldova

For Transdniestria
________________________ _______________________

From the guarantor states:

For the Russian Federation

For Ukraine
______________________ ________________________

For the OSCE
__________________________


______ 2002