THE CONSTITUTION
Adopted at the
nation-wide referendum on
We, the multiethnic people of the
- united by common fate on our land;
- confirming human rights and freedoms, free
development of personality;
- basing on responsibility for our Motherland to
present and future generations;
- affirming our
devotion to basic human values, to live in peace and accord with all nations in
conformity with adopted principles and norms of the international law;
- establishing a
law-based state which would provide prevalence of law as the expression of
people’s will;
- honoring the
memory of our predecessors, who gave us love and respect towards the
Fatherland;
- wishing to provide
welfare and prosperity of Trans-Dniestria, we adopt the Constitution of the
Trans-
PART I
THE BASES OF CONSTITUTIONAL SYSTEM
Article 1.
The
The bearer of
sovereignty and the only source of power in the
The people
implements its power directly as well as via bodies of state power and local
authorities. The superior direct expression of people’s power is the referendum
and free elections.
No one can usurp
power in the
Article 2.
The Constitution
of the
The bodies of
state power and management, local government, officials, public associations
and citizens must respect the Constitution and laws of the
Article 3.
Citizenship of
the
The citizen of
the
Foreign citizens
and persons without citizenship benefit the rights and freedoms of citizens of
the
Article 4.
In the
All forms of
ownership are equally protected by the state.
Article 5.
The land, bowels,
water, wood, air space as well as other natural resources are objects of
exclusive state ownership. Landlots can be used by citizens for a life-long
period with the right of inheritance; their size limits and order of usage are
determined by law.
Article 6
The state power
in the
Article 7.
In the
Trans-Dniestrian Moldavian Republic, is recognized and guaranteed the local
authority consisting of People’s Deputies Councils and bodies of territorial
public self-government, which – directly or through bodies elect by them –
resolve social, economic, political and cultural issues of local meaning,
basing on common state interests and interests of population of
administrative-territorial units.
Article 8.
The state, its
bodies and officials carry out their activity in conditions of democratic
pluralism of political bodies and opinions.
The state
regulates relationship between social, national and other associations on the
basis of equality principles and respect of their rights and interests.
Activity of
public associations, their bodies and representatives, directed against the
sovereignty of the Republic, directed to violent changing of the constitutional
system bases, to threatening the state security, creating illegal armed
formations, kindling of racial, ethnic and religious hostility, is forbidden.
Article 9.
The
Religious
associations are separated from the state and equal in the face of law.
Article 10.
The external
policy of the state is based on principles of equal sovereignty of states,
non-application of force, peaceful settlement of disputes, non-interference in
internal affairs of other states.
Commonly accepted
principles and norms of the international law, as well as international
treaties signed by the
Article 11.
The Armed Forces
are created in order to protect sovereignty and independence of the
The order of creating Armed Forces and their activity
is determined by law.
Article 12.
The statute of official languages is equally given to
Moldavian, Russian and Ukrainian.
Article 13.
The
The city
Article 14.
The
·
·
Cities -
·
·
Districts – Dubossary (Dubossarski), Grigoriopol (Grigoripolski), Kamenka
(Kamenski), Rybnitsa (Rybnitski), Slobodzeia (Slobodzeiski).
The boundaries and territory of the
Article 15.
Provisions of the
present part of the Constitution consist the bases of the constitutional system
of the
No other
provision of the Constitution can contradict the bases of the constitutional
system of the
PART II.
HUMAN AND CIVIL RIGHTS, FREEDOMS, DUTIES, AND
GUARANTEES.
Article 16.
The human being,
his rights and duties are the highest values of the society and state.
Protection of human and civil rights and freedoms is the state’s
responsibility.
The basic human
rights and freedoms are inalienable and belong to everyone from his birth.
Article 17.
Everyone has
equal rights and freedoms and is equal in the face of law regardless of one’s
sex, race, nationality, language, religion, social origins, opinions, personal
and social statute. Advantages and privileges can be established only by law
and must correspond to principles of social justice.
Article 18.
Limitation of
human and civil rights and freedoms is permitted only in cases fixed by law in
interests of state security, public order, morality protection, population’s
healthcare, other persons’ rights and freedoms.
No one can benefit advantages and privileges
contradicting the law.
Article 19.
Everyone has the
right to live. The human right to live is protected by the state from any
illegal encroachments.
Death penalty
(until its abolition) can be applied only after condemnation and in conformity
with law as an exclusive measure of punishment for hard crimes against life.
Article 20.
Everyone has the right for freedom and personal
immunity.
No one can be arrested or detained in a way other than
on the basis of law.
Detained person has the right to organize judicial examination of
legality of his detention or arrest.
Article 21.
No one can be
tortured, treated cruelly, inhumanly or punished the way which humiliates his
dignity, as well as undergo medical or other experiments without getting his
agreement.
Article 22.
Everyone who is
accused of committing crime is considered innocent until his guilt is proved in
the way fixed by law and approved by the condemnation which entered in legal
force. The accused one is not obliged to prove his innocence.
Article 23.
No one is obliged
to witness against himself, his spouse, close relatives, the circle of which is
determined by law. Evidence got in a way violating law has no legal force.
Article 24.
Everyone has the
right to protect his good name, his honor and dignity, to protect himself from
interference in his private life, has the right to have private and family
secrets, and accommodation immunity.
No one has the
right to penetrate accommodation, make search or examination, violate the
secrecy of correspondence and telephone conversations in a way other than fixed
by law.
Article 25.
Citizens of the
Article 26.
Maternity and childhood, family are under state
protection.
Taking care of children, bringing them up – is an
equal right and duty of parents.
Children able to
work who reached the age of 18 are obliged to take care of parents who are
unable to work.
Article 27.
Everyone has the
right for freedom of ideas, speech and confession. Everyone has the right to
search, get and spread any information beside the one directed against existing
constitutional system or considered a state secret. The list of information
considered a state secret is determined by law.
Everyone is guaranteed to have freedom of opinions,
confession and their free expression.
Article 28.
The mass media are not censored.
Article 29.
Citizens of the
Trans-Dniestrian Moldavian Republic are guaranteed the right to get, keep and
spread full, reliable and on-time information about activity of state bodies,
public associations, about political,
economic and international life, shape of the environment.
Bodies of state
power and government, bodies of local self-government, their officials must
provide the citizen of the Trans-Dniestrian Moldavian Republic with possibility
of learning documents and papers, concerning his rights and legal interests,
unless any other provision is fixed by law.
Article 30.
The freedom of
conscience is guaranteed for everyone. Everyone has the right to confess any
religion or not to confess any. Compelling obligation of religious confessions
is unacceptable.
Article 31.
Citizens of the
Trans-Dniestrian Moldavian Republic have the right to take part in managing
public and state affairs by themselves as well as with the help of their
representatives. Such participation is accomplished by means of local
self-government, holding referendums and
democratic formation of state bodies.
Citizens of the
Trans-Dniestrian Moldavian Republic may freely elect and be elect in state
bodies on the basis of universal, equal, direct suffrage by means of secret
ballot.
Article 32.
The freedom of
associations, meetings, street processions, demonstrations and picketing, which
do not violate public order and rights of other citizens of the
Trans-Dniestrian Moldavian Republic, is guaranteed by the state. The order of
organizing the mentioned activities is determined by law.
Article 33.
Citizens of the
Trans-Dniestrian Moldavian Republic have the right to unify in trade unions,
political parties and other associations, to take part in mass movements not
prohibited by law.
Article 34.
Judges, public
prosecutors, officials of internal affairs bodies, state control committee,
security bodies, militaries cannot be members of political parties and other
public associations which have political
goals.
Article 35.
Labor is free.
Everyone has the right for free disposal of his labor abilities, to choose
domain of activity and profession.
Forced labor is forbidden.
Everyone has the
right for labor in conditions adjusted to requests of safety and hygiene, for
rewarding his labor without any discrimination and in amount being no less than
the minimal labor payment determined by law, as well as the right for
protection against joblessness.
The right for
individual and collective labor disputes is recognized, if legally determined
measures of their settlement (including the right for strikes) are taken.
Everyone has the
right to have a rest. The one who works on basis of labor contract is
guaranteed working time length, days-off and holidays, annual paid vacation
determined by law.
Article 36.
Everyone has the
right for free usage of his abilities and property for business and other
economic activity not prohibited by law.
Article 37.
The state
guarantees the right of property to everyone.
The owner possesses, uses and disposes the property
belonging to him the way he wants.
No one can be deprived of his property in a way other
than decided by court.
Benefiting the
right of property should not harm the environment, historical and cultural
values, violate the rights and interests (protected by law) of other persons or
of the state.
The right of
inheritance is guaranteed.
Article 38.
Everyone has the
right for social protection when being old, in case of losing ability to work
as well as in case of losing bread-winner and in other cases fixed by law.
Pensions, benefits
and other kinds of social assistance cannot be lower than the level officially
fixed by the state.
Article 39.
Citizens of the
Trans-Dniestrian Moldavian Republic are guaranteed the right of healthcare
including free medical service and treatment in state healthcare institutions.
Article 40.
Everyone has the
right for natural environment, safe for life and health, and for recompensing
the harm made by violation of that right.
Article 41.
Everyone has the right for education.
Citizens are
guaranteed to have free secondary general and secondary professional education
in state educational institutions.
Everyone has the
right to have free higher education in state educational institutions on basis
of contest and in conformity with his abilities.
Basic secondary
education is compulsory.
The
Trans-Dniestrian Moldavian Republic establishes state educational standards,
supports different forms of education and self-education.
Article 42.
Every citizen of
the Trans-Dniestrian Moldavian Republic has the right for accommodation. No one
can be arbitrarily deprived of accommodation.
State power bodies stimulate house-building, create
conditions for benefiting the right for accommodation.
Poor citizens,
others who are listed in law and need accommodation, get it free of charge or
by accessible fee from state or other accommodation funds in conformity with
norms fixed by law.
Article 43.
Everyone has the
right to keep his national identity. No one can be forced to determine and
indicate his national identity.
Humiliation of national dignity is prosecuted by law.
Everyone has the right to use his native language, to
choose the language of communication.
Article 44.
The citizens of Trans-Dniestrian Moldavian Republic
have the right for freedom of artistic, scientific and technique creativity.
Intellectual property is protected by law.
The state takes care of cultural, scientific and
technique development of the society.
Article 45.
The state
guarantees human rights and freedoms stipulated in the Constitution.
Rights and
freedoms listed in the Constitution might not be interpreted as negation or
derogation of other generally accepted human rights and freedoms.
Article 46.
Everyone is
guaranteed to have judicial protection of his rights and freedoms, the right of
appealing to court in case of unjust decisions and actions of state bodies,
officials, public associations.
Article 47.
Benefiting rights
and freedoms is essentially connected with the necessity for the citizen and
human being to fulfil his duties towards the society and state.
Article 48.
Defense of the
Trans-Dniestrian Moldavian Republic is the sacred duty of everyone. The law
fixes compulsory military service.
Article 49.
Everyone must
respect the Constitution and laws, rights, freedoms, honor and dignity of other
people.
Article 50.
Everyone must carefully treat the environment.
Article 51.
Everyone must
take care of the cultural and spiritual heritage of people of the
Trans-Dniestrian Moldavian Republic.
Article 52.
Everyone must pay taxes and dues determined by law.
PART III.
BASES OF THE STATE GOVERNMENT
CHAPTER 1.
DEVELOPMENT OF CONSITUTIONAL SYSTEM BASES.
Article 53.
1. Everyone has
the right to get recompense, from the state or local government, for harm done
by illegal actions (or inaction) of state power bodies, local government or of
their officials.
2. The respect of
human dignity, full, unconditional and immediate protection of human and civil
rights and freedoms, ensuring conditions for free development of citizens, is
the duty of state power bodies, local government and officials.
3. Any normative
juridical acts concerning human and civil rights and freedoms cannot be applied
unless they are officially published for general acquaintance.
Article 54.
1. In case of
emergency state or martial law, in conformity with the constitutional law, the
constitutional human and civil rights and freedoms, fixed in articles 4, 20,
24, 25, 27, 28, 31, 32, 33, 35, 36, 37 of the present Constitution, may be
limited.
In case of
economic emergency state, in conformity with the constitutional law, the
constitutional human and civil rights and freedoms, fixed in articles 4, 35, 37
of the present Constitution, may be limited. The limitation of the
constitutional human and civil rights and freedoms may be fixed, indicating
limits and terms of its action. No other constitutional human and civil rights
and freedoms can be limited.
2. Emergency
state, martial law or economic emergency state within the territory of the
Trans-Dniestrian Moldavian Republic can be proclaimed when circumstances
available and in the order fixed by the constitutional law.
Article 55.
1. The Trans-Dniestrian Moldavian Republic is a
presidential republic.
2. Authority of
two or three branches of power cannot be concentrated in one body or one person
hands.
The legislative
power cannot be given to one person. Executive bodies of the state power cannot
be authorized with law-making authority, and the legislative power cannot be
authorized with instruction-giving authority for operative governing of bodies
and institutions of executive and judicial bodies of the state power.
Each of the state
power bodies is authorized with control functions within authority given by the
present Constitution and law.
3. The judicial
power is accomplished by courts, decisions of which are taken on behalf of the
Trans-Dniestrian Moldavian Republic.
Article 56.
The
Trans-Dniestrian Moldavian Republic as a sovereign state, by means of bodies of
the state power and management (established in the order fixed by the present
Constitution and legislation) as well as state officials, carries out
accomplishment of the following basic functions:
а) forming and
keeping favorable environment;
b) accomplishing healthcare of the population;
c) creating and
functioning of the system of social security and protection of the population,
employment of working-able population;
d) development of science, techniques, and ensuring
possibility for population to be educated;
e) fulfillment of external policy activity ;
f) forming and ensuring activity of the state
financial system;
g) ensuring economy development of the state;
h) functioning of trade, both internal and external;
i) creating conditions for functioning of transport
and communications as unified systems;
k) ensuring conditions for activity of the
agricultural sector, directed to satisfy the population demands;
l) keeping and reasonable utilizing natural resources;
m) creating conditions for functioning of industry and
power engineering;
n) ensuring defensive potentialities of the state;
o) ensuring internal security in purpose of normal
state activity;
p) ensuring law-protecting activity for safety and
welfare of the population;
q) ensuring activity of justice bodies;
r) other issues
which need uniform decision and application within the territory of the
Trans-Dniestrian Moldavian Republic for
ensuring the population’s welfare and use.
Article 57.
If an
international treaty of the Trans-Dniestrian Moldavian Republic fixes new rules
than those fixed by the Republic’s legislature, it can be ratified by the
Supreme Soviet (Council) only when it adopts (or simultaneously with adoption)
a law which introduces changes in the present legislation in conformity with
the international treaty of the Trans-Dniestrian Moldavian Republic which is to
be ratified.
Article 58.
The accomplishment
of certain authority of the state power bodies can be delegated – by means of
adopting a constitutional law in the
order fixed by article 57 of the present Constitution – to another country or
above-national bodies (if it does not cause limitation of human and civil
rights and freedoms, fixed in the Part II of the present Constitution, and does
not contradict the bases of the constitutional system) in such volume and to
such extent so that it would not mean refusal of the sovereignty of the Trans-Dniestrian
Moldavian Republic.
CHAPTER 2.
THE SUPREME SOVIET (COUNCIL)
OF THE TRANS-DNIESTRIAN MOLDAVIAN REPUBLIC.
Article 59.
1. The Supreme
Soviet (Council) of the Trans-Dniestrian Moldavian Republic (herewith – the
Supreme Council) is the representative and the only legislative body of the
state power of the Trans-Dniestrian Moldavian Republic.
The number of the Supreme Council deputies is 43.
2. The term of
power of the Supreme Council is 5 years. The day of next elections of deputies
of the Supreme Council is the second Sunday in December of the year when the
Supreme Council power expires.
The Supreme
Council as a state power body is
legitimate if at least two thirds of fixed number of deputies are elect.
The
accomplishment of the Supreme Council power begins from the moment of its first
opening session and finishes when the newly elect Supreme Council starts to
work.
3. The President
of the Trans-Dniestrian Moldavian Republic convokes the Supreme Council to its
first sitting no later than the thirtieth day after the election of no less
than two thirds of fixed number of the Supreme Council deputies. The President
of the Trans-Dniestrian Moldavian Republic opens the first sitting of the Supreme
Council and sets the oldest deputy to conduct the sitting until the Speaker is
elect in the order fixed by law.
Article 60.
1. The Supreme
Council deputies are elected by citizens of the Trans-Dniestrian Moldavian
Republic on the basis of universal equal and direct suffrage by means of secret
ballot.
As a deputy of
the Supreme Council there can be elect a citizen of the Trans-Dniestrian
Moldavian Republic, possessing suffrage, having reached the age of 25 by the
election day and permanently living on the territory of the Republic.
A deputy of the
Supreme Council might not be the President, the Vice-President of the
Trans-Dniestrian Moldavian Republic, a judge, a prosecutor, be employed in
state service, in service of local self-government bodies, be a deputy of other
representative and elective bodies of state power and local self-government.
Besides, a deputy
of the Supreme Council, working in the Supreme Council and its working bodies
on the permanent professional basis, has no right to be employed in another
paid posts, be busy with another paid activity (except teaching, scientific or
another creative work), accomplish business activity, join the leading body or
observing council of a commercial organization.
Violation of the
present rule causes cancellation of plenary powers of the Supreme Council
deputy.
Elections of the
Supreme Council deputies are held on the basis of majoritarian electoral system
(of relative majority) within constituencies established on the territory of
the Trans-Dniestrian Moldavian Republic.
The order of
elections is fixed by law.
2. The Supreme
Council deputy receives reward for his activity in the Supreme Council, and
costs connected with accomplishing his deputy power are recompensed.
The Supreme
Council deputy must be present at sittings of the Supreme Council and its
working bodies.
The Supreme
Council deputy’s absence (by invalid reason) at sittings of the Supreme Council
and its working bodies causes application of disciplinary measures of reprimand
(fixed by law) to the Supreme Council deputy.
3. The Supreme
Council deputy cannot be held responsible for opinions expressed by him and
decisions taken during the process of deputy activity.
The Supreme
Council deputy benefits immunity within the whole term of his power. He cannot
be detained, arrested, searched, except cases when taken in the act
(red-handed), as well as undergo physical search, except cases when it is
stipulated by laws of the Trans-Dniestrian Moldavian Republic in order to
provide safety for other people.
The matter of
depriving the Supreme Council deputy of his immunity is considered by the
Supreme Council by the presentation of the Prosecutor of the Trans-Dniestrian
Moldavian Republic.
4. The Supreme Council
deputy statute is fixed by the constitutional law.
Article 61.
1. The Supreme
Council chooses its Speaker and his deputies from within their staff. The
Supreme Council establishes permanent, temporary and other working bodies to
consider issues related to their authority by the present Constitution.
The order of
electing the Supreme Council Speaker, his deputies, the order of creating
bodies and their activity, is determined by the Regulations of the Supreme
Council.
2. While acting,
the Supreme Council and bodies established from within deputies staff must take
into consideration the rights of minority (One fifth of the Supreme Council
deputies have the right to demand organizing secret ballot or vote by name – at
any moment of taking decision – before the decision about organizing an open
vote is taken) as well as the right of any Supreme Council deputy to demand
announcing the information about those deputies who voted “for” and “against”
this or that issue.
3. Two thirds of deputies elected to the Supreme
Council consist the quorum necessary for adoption of juridical acts.
Article 62.
1. The Supreme
Council of the Trans-Dniestrian Moldavian Republic is authorized to consider
and decide all issues related by the present Constitution to the legislative
regulation and to fulfilling its control functions.
No single
legislative act can be adopted by the Supreme Council at its sitting if it is
not preliminarily considered by the working body of the Supreme Council.
2. By means of
adopting legislative acts, the Supreme Council of the Trans-Dniestrian
Moldavian Republic does the following:
a) fixes
republican taxes and dues, the list of local taxes and dues, the order of their
collecting and introducing; fixes the top rate of the tax-press upon tax-payer;
fixes the limits of state debt and the rate of a single borrowing, (in case of
its exceed that action should be accorded with the Supreme Council), as well as
the order or objects of its ensuring; takes decision about money emission
within limits exceeding the rate of emission fixed by law for independent
decision of the state central bank;
b) considers and
confirms (within frames of long-term budget planning) republican programs of
economic, social and cultural development, which have state-wide statute,
adopts the budget and fixes the measures of inter-budget regulation;
c) decides issues
of administrative and territorial shape of the Trans-Dniestrian Moldavian
Republic, namely takes decisions about changing boundaries of the Trans-Dniestrian
Moldavian Republic on the basis of mutual agreement with neighboring states;
d) ratifies and denounces international treaties of
the Trans-Dniestrian Moldavian Republic;
e) introduces
modifications and additions to the Constitution in the fixed order, introduces
modifications and additions to existing legislative acts;
f) accomplishes
legislative regulation of another issues demanding uniform decision and
application on the territory of the Trans-Dniestrian Moldavian Republic.
3. The Supreme Council
of the Trans-Dniestrian Moldavian Republic considers in the fixed order and in
fixed terms and takes decisions by editing of the following legislative acts:
a)
a)
confirmation of orders of the President about proclamation of military law,
emergency state;
b) issues of war and peace;
c) declaration of amnesty;
d) confirmation
of the conception of internal and external policy, national security of the
Trans-Dniestrian Moldavian Republic and its military doctrine;
e) organization
of referendum or nation-wide discussion of the most important issues of the
state or public life on the territory of the Trans-Dniestrian Moldavian
Republic;
f) appointment
and dismissal of Chairmen of the Constitutional, Supreme and Arbitrage Court by
presentation of the President of the Trans-Dniestrian Moldavian Republic,
appointment and dismissal of two judges of the Constitutional Court;
g) appointment
for the fixed term and dismissal of the Prosecutor of the Trans-Dniestrian
Moldavian Republic and the Central state bank Chairman by presentation of the
President of the Trans-Dniestrian Moldavian Republic;
h) interpretation
of laws, juridical acts (which do not have legislative character) adopted by
the Supreme Council;
i) adoption of other acts and decisions which do not
demand legislative regulation.
4. In order to
accomplish its control functions, the Supreme Council of the Trans-Dniestrian
Moldavian Republic has the right to consider and take decisions in the fixed
order and within fixed terms, as follows:
a) abrogation of
acts, adopted by local People’s deputies Councils (local representative bodies
of state power), in case of their discrepancy with the Constitution and laws of
the Trans-Dniestrian Moldavian Republic; suggestions to elect bodies and
officials of local self-government regarding adjustment of proper juridical
acts to the existing legislation;
b) dissolution of
local People’s deputies Councils (local representative bodies of state power)
and fixing new elections in case if they violate the Constitution, laws,
decrees of the Supreme Council, decrees of the President of the
Trans-Dniestrian Moldavian Republic and
refusal of adjusting their decisions to the legislation;
c) dismissal of
dignitaries who occupy highest official posts of the Trans-Dniestrian Moldavian
Republic, members of the Ministers’ Cabinet in cases and in the order fixed by
the Constitution and law;
d) carrying out a
resolution to the President regarding any dignitary from the state power or management
body if he fulfils his duties insufficiently or does not fulfill at all.
In order to
accomplish its control functions, the Supreme Council has the right to adopt
other acts (take other decisions), namely to fulfill control over bodies of
power and management, over dignitaries regarding fulfillment of legislative and
other acts by them.
Decisions
regarding dismissal, pre-term dissolution of local People’s deputies Councils
are adopted by at least two thirds of the Supreme Council deputies number fixed
by the Constitution.
In order to
accomplish its control functions, the Supreme Council hears the report about
fulfilling the budget, economic and other programs having statute of state-wide
programs (which, in order to be fulfilled, demand investment of financial means
beside the means, stipulated by the budget, and additional regulation of the
legislative character).
Article 63.
1. In order to
accomplish its legislative function, the Supreme Council adopts constitutional
laws and decrees. Changes and additions to the Constitution are introduced by
the Supreme Council by means of editing a constitutional law.
2. Decrees are
adopted by the majority of votes from the number of deputies being present at
sitting of the Supreme Council, when there is a quorum, if another provision is
not stipulated by the Constitution and law.
3. Laws are
considered and adopted during at least two readings which should be carried out
at different sittings (not the same day) of the Supreme Council. Bills,
regarding introduction of changes and additions to laws adopted before, may be
passed at one sitting, if there are no objections against that passing from
those subjects of legislative initiative who have had that bill for acquaintance
within fixed terms before its consideration by the Supreme Council.
Laws of the
Trans-Dniestrian Moldavian Republic (namely codes, laws about introducing
changes and additions to existing laws) are adopted by the majority of votes
from the Supreme Council deputies number fixed by the present Constitution.
Introduction of changes to the Constitution and adoption of constitutional
laws, introduction of changes and additions to them, are adopted by two thirds
from the Supreme Council deputies number fixed by the present Constitution.
Laws cannot contradict the Constitution of the
Trans-Dniestrian Moldavian Republic .
4. The order and terms of coming into effect of the
adopted legislative act are fixed only by law.
Laws are to be officially published. Unpublished laws
cannot be applied.
5. The Supreme
Council adopts juridical acts of legislative character only in shape of laws,
and each law (except those financial introducing change or addition or
reviewing the existing legislation) regulates only one object. Financial laws
regulate only financial issues.
The Supreme
Council should not adopt juridical acts of special or local (as well as
individual) operation, if there is a law or the existing law can be applied to
the given case which demands juridical regulation. In case when the Supreme
Council adopts a juridical act of special or local operation, the matter of
legitimacy of such act is considered in court.
The list of
constitutional laws of the Trans-Dniestrian Moldavian Republic is fixed by the
present Constitution.
6. The violation
of process of introducing, considering and adopting a bill makes it invalid and
inapplicable. That matter is considered in court.
Article 64.
1. The right of
legislative initiative belongs to the President of the Trans-Dniestrian
Moldavian Republic, to deputies of the Supreme Council, the Prosecutor of the
Trans-Dniestrian Moldavian Republic, to districts’ and municipal People’s deputies Councils of
the Trans-Dniestrian Moldavian Republic.
The right of
legislative initiative also belongs to the Constitutional, Supreme and
Arbitrage courts of the Trans-Dniestrian Moldavian Republic – on issues of
their competence; to republican associations of trade unions – on labor, social
and economic issues.
The subjects of
legislative initiative take part in the law-making process of the Supreme
Council on all its stages (except voting) on equal basis and cannot be limited
in that affair if another provision is not stipulated by the present
Constitution.
2. The President
of the Trans-Dniestrian Moldavian Republic has the right to declare the regime
of legislative necessity when regarding the most important legislative acts
which demand urgent consideration and adoption by the Supreme Council. When
declaring such regime the Supreme Council must stop considering another bills,
beside the one that was introduced in the regime of legislative necessity. The
bill introduced by the President in the regime of legislative necessity should
be considered and passed or declined in
the fixed order at the Supreme Council session sittings within terms accorded
with the President.
Article 65.
1. The adopted
legislative act is sent to the President of the Trans-Dniestrian Moldavian
Republic for assignment and promulgation in the fixed order.
The President of
the Trans-Dniestrian Moldavian Republic considers the law, signs and
promulgates it within 14 days from the day of
its reception.
2. If the
President of the Trans-Dniestrian Moldavian Republic declines the law and sends
it (or its part) to reconsideration within 14 days from its reception, the
Supreme Council considers it or its part
again, in the fixed order. If during the
reconsideration the law or its part is approved in its previous edition by the
majority (at least two thirds from the Supreme Council deputies number fixed by
the Constitution), it is to be signed by the President of the Trans-Dniestrian
Moldavian Republic within 7 days and to be promulgated.
The President of
the Trans-Dniestrian Moldavian Republic has the right to decline certain
articles of the financial law and send them to reconsideration or to suggest
reduction of appropriations approved by the Supreme Council. Declination of a
certain article, provision of the financial law, is not an obstacle for its
assignment and putting into operation. The procedure of reconsideration and
adoption of a law (or its part) should be similar to the one depicted in the
first part of point 2 of the present article.
3. The President
of the Trans-Dniestrian Moldavian Republic cannot decline constitutional laws,
additions and changes to the Constitution (adopted by the Supreme Council in
the fixed order), and send them to reconsideration; he must sign and promulgate
them. The President of the Trans-Dniestrian Moldavian Republic also has no
right to decline decisions regarding dismissal of highest state dignitaries and
pre-term dissolution of local People’s deputies Councils.
Article 66.
In order to
accomplish its control functions, the Supreme Council of the Trans-Dniestrian
Moldavian Republic has the right to establish respectively necessary bodies
whose structure and order of activity is fixed by law.
Article 67.
1. The Supreme
Council has the exclusive right of initiating the procedure of dismissing and
takes decision about dismissing highest state dignitaries of the
Trans-Dniestrian Moldavian Republic (The President, the Vice-President, the
Chairmen of the Constitutional, Supreme, Arbitrage Courts, the Prosecutor),
members of the Ministers’ Cabinet, on the basis of conclusion of the Supreme
court of the Trans-Dniestrian Moldavian Republic, which confirms availability
of crime composition in their action, and of conclusion of the Constitutional
court of the Trans-Dniestrian Moldavian Republic regarding the observance of
fixed order of advancing the charge, if after consideration they are found
guilty for high treason, bribery, deliberate violation of the Constitution
which caused grave consequences, for other grave crimes.
2. The Supreme
Council decision, regarding advancement of charge and dismissal, is considered
by initiative of no less than one third from the Supreme Council deputies
number (fixed by the Constitution) and when the conclusion of a special
commission established by the Supreme Council is available.
Decision about
dismissal should be considered by the Supreme Council no later than within two
months from the charge advancement. If the Supreme Council does not take
decision within that term, the charge is considered declined.
3. Decision about
dismissal is adopted by at least two thirds of the Supreme Council deputies
number fixed by the Constitution. The taken decision means dismissal.
CHAPTER 3.
THE PRESIDENT OF
THE TRANS-DNIESTRIAN MOLDAVIAN REPUBLIC.
THE EXECUTIVE POWER
Article 68.
1. The President
of the Trans-Dniestrian Moldavian Republic is elect by citizens of the Republic
on the basis of universal equal and direct suffrage by means of secret ballot.
2. As the
President of the Trans-Dniestrian Moldavian Republic there can be elect a
citizen of the Trans-Dniestrian Moldavian Republic, having suffrage, no younger
than 35 years, having citizenship of the Trans-Dniestrian Moldavian Republic
for at least 10 years and permanently living on the territory of the Republic. The
same limits concern the citizen being elect as the Vice-President of the
Trans-Dniestrian Moldavian Republic.
3. Elections of
the President of the Trans-Dniestrian Moldavian Republic are held on the basis
of majoritarian electoral system (relative majority). Together with the
President of the Trans-Dniestrian Moldavian Republic and for the same term, the
Vice-President of the Trans-Dniestrian Moldavian Republic is elect.
The term of
plenary powers of the President of the Trans-Dniestrian Moldavian Republic is 5
years.
Next elections of
the President and the Vice-President of the Trans-Dniestrian Moldavian Republic
are held on second Sunday in December of the year when the President’s power
expires. No other elections as well as no electoral procedures can be held that
day and thirty days before or after that day.
The order of
holding elections is fixed by law.
4. The
accomplishment of plenary powers of the
President of the Trans-Dniestrian Moldavian Republic stops ahead of time in
case of voluntary resignation; constant inability (because of health condition)
to accomplish his plenary powers; death or dismissal in the order fixed by
article 67 of the present Constitution. In all cases when the President is
unable to accomplish his plenary powers, they are accomplished by the
Vice-President of the Trans-Dniestrian Moldavian Republic until the reasons,
that hinder the President from accomplishing his plenary powers, are removed or
until the election of the President of the Trans-Dniestrian Moldavian Republic
in the fixed order.
In case of
simultaneous inability of both the President and the Vice-President to
accomplish their plenary powers, they are laid to a dignitary determined by the
Supreme Council by means of adopting a law. The mentioned dignitary fulfils the
duties of the President of the Trans-Dniestrian Moldavian Republic until the
reasons, that hinder the President from accomplishing his plenary powers, are
removed or until the election of the President of the Trans-Dniestrian Moldavian
Republic in the fixed order.
In case of
pre-term stopping (on the basis of
above-mentioned reasons) of plenary powers accomplishment by the President of
the Trans-Dniestrian Moldavian Republic, the elections of the President of the
Trans-Dniestrian Moldavian Republic are held on second Sunday of the month that
comes after three months after the date of pre-term stopping of plenary powers
of the President. Pre-term elections of the President of the Trans-Dniestrian
Moldavian Republic are not held if less than six months remain till the date of
next elections of the President of the Trans-Dniestrian Moldavian Republic.
5. The statute of
the President and of the Vice-President of the Trans-Dniestrian Moldavian
Republic is fixed by constitutional law. The personalities of the President and
of the Vice-President of the Trans-Dniestrian Moldavian Republic are
inviolable.
Article 69.
1. Before the
inauguration, the person elected as the President of the Trans-Dniestrian
Moldavian Republic takes the following
oath:
"While
accomplishing plenary powers of the President of the Trans-Dniestrian Moldavian
Republic, I swear to respect and protect the Constitution and laws of the
Trans-Dniestrian Moldavian Republic, to respect human and civil rights and
freedoms, protect the sovereignty and independence, the security and integrity
of the state, faithfully serve for the people of the Trans-Dniestrian Moldavian
Republic".
2. The oath is
taken no later than thirty days after the official declaration of the
elections’ results, in solemn situation at the special sitting of the Supreme
Council, with participation of representatives of executive and judicial bodies
of state power.
The moment of
taking oath is the moment of inauguration of the President of the
Trans-Dniestrian Moldavian Republic. The previous President accomplishes his
plenary powers till the inauguration of the elect President of the
Trans-Dniestrian Moldavian Republic.
Article 70.
1. The President
of the Trans-Dniestrian Moldavian Republic is the head of the state and the
head of the executive power of the Republic.
2. The President
of the Trans-Dniestrian Moldavian Republic guarantees the Constitution and laws
of the Trans-Dniestrian Moldavian Republic, human and civil rights and
freedoms, ensures exact fulfillment of the Constitution and laws. In the order,
fixed by the Constitution, he takes measures for protection of the Republic’s
sovereignty, its independence and territorial integrity, ensures coordinated
functioning and interaction of all state power bodies.
3. In conformity
with the Constitution and laws, the President of the Trans-Dniestrian Moldavian
Republic elaborates the conception of internal and external state policy and
takes measures for its fulfillment.
4. Within the
limits of his plenary powers given by the present Constitution, the President
of the Trans-Dniestrian Moldavian Republic represents the Trans-Dniestrian
Moldavian Republic inside the country and in international relations.
5. The plenary
powers of the Vice-President of the Trans-Dniestrian Moldavian Republic are
determined by the President of the Trans-Dniestrian Moldavian Republic.
Article 71.
1. The President
of the Trans-Dniestrian Moldavian Republic is the Commander-in-Chief of the
Armed Forces of the Trans-Dniestrian Moldavian Republic and by force of that he
independently or in accordance with the Supreme Council takes any legal
measures directed to strengthening the defensive potentialities of the
Republic.
In case of
aggression against the Trans-Dniestrian Moldavian Republic or direct threat of aggression, the President of
the Trans-Dniestrian Moldavian Republic proclaims martial law on the territory
of the Trans-Dniestrian Moldavian Republic and immediately informs the Supreme
Council about it.
Under
circumstances and in the order stipulated by the constitutional law, the
President of the Trans-Dniestrian Moldavian Republic proclaims emergency state
on the territory of the Trans-Dniestrian Moldavian Republic or in its certain parts.
2. The President
of the Trans-Dniestrian Moldavian Republic accomplishes general governing of
the executive bodies of state power and management and ensures their
interaction with other bodies of state power of the Trans-Dniestrian Moldavian
Republic. The executive bodies of state power and government, dignitaries being
at the heads of them, are accountable to the President.
3. The President
of the Trans-Dniestrian Moldavian Republic can grant pardons.
The President of
the Trans-Dniestrian Moldavian Republic decides issues of citizenship of the
Trans-Dniestrian Moldavian Republic and granting political asylum.
The President of
the Trans-Dniestrian Moldavian Republic founds state rewards of the
Trans-Dniestrian Moldavian Republic, founds honorable and special ranks,
decorates with state rewards, awards honorable ranks of the Trans-Dniestrian
Moldavian Republic, highest military and special ranks, highest qualifying
ranks and class ranks.
4. The President
of the Trans-Dniestrian Moldavian Republic addresses messages to the people of
the Trans-Dniestrian Moldavian Republic, the Supreme Council and regularly
informs about the most important issues of internal and external political
activity of the Trans-Dniestrian Moldavian Republic, presents annual reports
about the Republic’s situation to the Supreme Council and offers to its
consideration those measures which he finds necessary and useful.
5. The President
of the Trans-Dniestrian Moldavian Republic accomplishes general governing of
the external police of the Trans-Dniestrian Moldavian Republic, concluding thus
international treaties of the Trans-Dniestrian Moldavian Republic, signs
ratifying deeds in case of ratifying an international treaty by the Supreme
Council, taking credentials and letters of recall of diplomatic
representatives.
Article 72.
1. The President
of the Trans-Dniestrian Moldavian Republic promulgates edicts and decrees.
2. Edicts and
decrees of the President of the Trans-Dniestrian Moldavian Republic are
juridical acts, having sublegal character, and might not contradict the
Constitution and laws of the Trans-Dniestrian Moldavian Republic.
Juridical acts of
the President of the Trans-Dniestrian Moldavian Republic, of the executive
bodies of state power and management, promulgated within their competence, are
obligatory for fulfillment within the whole territory of the Trans-Dniestrian
Moldavian Republic.
Article 73.
1. Within
directions of internal and external policy and in framework, determined by law,
each minister, head of department, head of state administration independently
and under his own responsibility conducts the working process of the governing
domain (subordinated to him), the administrative territory.
2. For efficient
accomplishment of state functions, fixed by the present Constitution, the
President of the Trans-Dniestrian Moldavian Republic takes decisions about
creating ministries, departments and other bodies of state government.
3. The President
of the Trans-Dniestrian Moldavian Republic in the fixed order decides issues
related to competence of ministries, departments and other bodies of state
governing, as well independently determines plenary powers of state dignitaries
of the executive power.
The President of
the Trans-Dniestrian Moldavian Republic has the right to cancel or stop
juridical acts of ministries and departments, state administrations, other
bodies of state power, accountable or subordinated to the President.
Article 74.
1. In order to
accomplish his plenary powers as the head of the executive power, the President
of the Trans-Dniestrian Moldavian Republic forms the Ministers’ Cabinet.
The competence of
the Ministers' Cabinet includes the following:
a) elaboration of
those measures for fulfillment of the internal and external policy of the state
that contribute to social and economic development of the country and satisfy
demands of the society;
b) elaboration of
important measures directed to fulfillment of legislative acts of the
Trans-Dniestrian Moldavian Republic;
c) accomplishment
of legislative initiative in the Supreme Council through the President of the
Trans-Dniestrian Moldavian Republic;
d) accomplishment
of other plenary powers, given to the Ministers' Cabinet by the President of
the Trans-Dniestrian Moldavian Republic. Meanwhile the President of the
Trans-Dniestrian Moldavian Republic has no right to delegate power, which
belongs to exclusive competence (in conformity with the present Constitution)
of the President of the Trans-Dniestrian Moldavian Republic, to the Ministers'
Cabinet.
All decisions
taken by the Ministers' Cabinet are put into operation by the President of the
Trans-Dniestrian Moldavian Republic.
2. Ministers,
heads of departments, other executive bodies of state power and governing,
their deputies and other officials of the executive bodies of state power and
governing directly subordinated to the President of the Trans-Dniestrian
Moldavian Republic, ambassadors, other plenipotentiary representatives of the
Republic are appointed and dismissed by the President of the Trans-Dniestrian
Moldavian Republic, except cases stipulated in the Constitution.
The President of
the Trans-Dniestrian Moldavian Republic has the right to make temporary
appointments to vacancies available between sessions of the Supreme
Council, to appoint state dignitaries,
whose posts are determined by the Supreme Council after presentation of the
President of the Trans-Dniestrian Moldavian Republic until substitution of
those posts in the fixed order, till the nearest session.
Stopping plenary
powers of the President of the Trans-Dniestrian Moldavian Republic causes
dismissal of members of the Ministers' Cabinet and of other officials
subordinated to the President of the Trans-Dniestrian Moldavian Republic.
3. The President,
the Vice-President of the Trans-Dniestrian Moldavian Republic, ministers, heads
of departments, other state dignitaries of executive power bodies cannot engage
any other paid post, accomplish business or another activity (except
scientific, teaching or other creative activity), join the leading body or
observing council of a commercial organization, be a deputy of the Supreme
Council and other representative bodies in the Trans-Dniestrian Moldavian Republic;
he cancels membership in political parties and other public associations,
having political goals, for the whole term of his plenary powers.
Article 75.
Ministries,
departments, and other republican bodies of governing are executive bodies of
state power.
Ministries,
departments, and other republican bodies of governing are established
exclusively for accomplishing functions of the state; their activity is
financed from the state budget.
Article 76.
The state service
in the Trans-Dniestrian Moldavian Republic is accomplished by citizens of the
Trans-Dniestrian Moldavian Republic, holding posts in state bodies and
accomplishing state objectives and functions on behalf of the Trans-Dniestrian
Moldavian Republic.
Juridical statute
of state employees is fixed by the legislation.
CHAPTER 4.
LOCAL STATE GOVERNMENT
AND LOCAL SELF-GOVERNMENT
Article 77.
1. People's
deputies Councils of cities, districts,
villages (settlements), being administrative-territorial units of the
Republic, consist the unified system of representative bodies of state power of
the Trans-Dniestrian Moldavian Republic.
2. The deputies
of municipal, district, rural People's deputies Councils are elect on the basis
of universal equal and direct suffrage by means of secret ballot by inhabitants
of respective administrative-territorial for 5 year term. Elections are held on
the basis of majoritarian electoral system.
District People's
deputies Councils are formed on the principle of representation of interests of
citizens and territories being parts of districts. As deputies of district
People's deputies Councils, there are heads of rural administrations, elect by
population of respective territories, other deputies are elect by population in
single-mandate (majoritarian) constituencies.
Competence, the
order of holding elections (or of forming), main principles of local state
government activity are fixed by law.
Article 78.
1. State
administration of cities and districts, being administrative-territorial units
of the Republic, consist the unified system of the state power executive bodies
of the Trans-Dniestrian Moldavian Republic and accomplish functions of state
governing in cities and in territories of districts of the Trans-Dniestrian
Moldavian Republic.
2. Head of state
administration is appointed and dismissed by the President of the
Trans-Dniestrian Moldavian Republic, except cases stipulated in the
Constitution.
Article 79.
The system of
local self-government, the order of forming, main principles of activity,
financial and economic basis and state guarantees of autonomous functioning of
local self-government bodies is regulated by the legislation of the
Trans-Dniestrian Moldavian Republic.
CHAPTER 5.
THE JUDICIAL POWER
Article 80.
1. Justice in the
Trans-Dniestrian Moldavian Republic is administered only by the court.
2. The judicial
power is administered by courts by means of constitutional, civil,
administrative, penal, and arbitrage legal procedure.
The judicial
system in the Trans-Dniestrian Moldavian Republic is determined by
constitutional law in conformity with the present Constitution. Establishment
of emergency courts is forbidden.
3. Competence,
order of forming and activity of courts is determined by the present
Constitution and constitutional laws.
4. The President
of the Trans-Dniestrian Moldavian Republic guarantees independence of the
judicial power.
Budget of courts
must provide them with possibility of full and independence accomplishment of
their constitutional plenary powers. Budget provision of the judicial power
bodies cannot be less than budget provision of other state power bodies of the
Trans-Dniestrian Moldavian Republic. Budget of courts during the current fiscal
year cannot be reduced without agreement of highest judicial power bodies of
the Trans-Dniestrian Moldavian Republic, except cases of proportional reduction
of budget expenses of all state power bodies.
Article 81.
1. While administering
justice, judges are independent and subordinated only to the Constitution of
the Trans-Dniestrian Moldavian Republic and to laws.
2. Any
interference in activity of judges when administering justice is forbidden and
causes prosecution on legal grounds.
3. The Court,
which while considering a case has defined unconformity of a normative act of a
state or other body with the Constitution or law, takes decision in conformity
with the Constitution and law.
Article 82.
As judges there
may be only citizens of the Trans-Dniestrian Moldavian Republic, having higher
education in law and working experience of at least 5 years in law practice.
As a judge
administering justice in the Constitutional court, there may be a citizen of
the Trans-Dniestrian Moldavian Republic, having higher education in law and
working experience of at least 10 years in law specialty or activity in law
domain.
Article 83.
1. Judges, except
judges of the Constitutional court and reconciling judges, are appointed by the
President by presentation of Chairmen of the Supreme and Arbitrage courts
respectively.
Reconciling
judges are elect by population, among persons corresponding to requirements of
the first part of article 82 of the present Constitution, on the basis of
universal equal and direct suffrage by means of secret ballot. The term of
plenary powers of reconciling judges is 5 years. The order of holding elections
of reconciling judges is fixed by law.
Judges keep their
posts without fixed term, until reaching the age of 65, except judges which are
appointed for the first time, reconciling judges and persons administering
justice as judges in the Constitutional court.
First appointment
to the post of judge is made for the term of 5 years, except cases stipulated
in the present Constitution.
2. Plenary powers
of a judge may be stopped or cancelled in the order and on the grounds, fixed
by the Constitution and constitutional law.
3. When
accomplishing his plenary powers, judges cannot accomplish business or another
activity, except teaching, scientific and other creative activity.
For the period of
accomplishing of his plenary powers judges cannot be members of political
parties, public associations having political goals. Fulfillment of judicial
duties is incompatible with fulfillment of deputies’ duties.
Article 84.
1. The
personality of a judge is immune.
2. A judge cannot
be prosecuted in a way other than fixed by law.
Article 85.
1. Trials in all
courts are open. Closed trials are accepted only in cases stipulated by law.
2. Justice is
administered on the grounds of competitiveness and equality in judicial
process.
Article 86.
1. The
Constitutional court of the Trans-Dniestrian Moldavian Republic is the body of
constitutional control in the
Trans-Dniestrian Moldavian Republic.
The
Constitutional court of the Trans-Dniestrian Moldavian Republic guarantees
supremacy of the Constitution of the Trans-Dniestrian Moldavian Republic,
provides observance of the separation of powers principles; guarantees
responsibility of the state for citizen and of citizen for the state.
2. The
Constitutional court consists of 6 (six) judges, including the chairman of the
Court. The term of plenary powers of judge of the Constitutional court is 7
years.
Plenary powers of
judge of the Constitutional court may be cancelled or stopped only in the order
fixed by constitutional law.
The President of
the Trans-Dniestrian Moldavian Republic, the Supreme Council, the congress of
judges of the Trans-Dniestrian Moldavian Republic appoint (each) two judges of
the Constitutional court.
3. Judges of the
Constitutional court are appointed among persons having reached the age of 40
years at the day of appointment, being judges of other courts, and other persons corresponding to
requirements of the first part of article 82 of the present Constitution. The
top age for being appointed as a judge of the Constitutional court is 58 years.
4. The Chairman
of the Constitutional court is appointed among judges of the Constitutional
court, in the order fixed by the Constitution.
Article 87.
1. As
accomplishing its constitutional control, the Constitutional court decides
matters of constitutionality of the following:
a) laws of the
Trans-Dniestrian Moldavian Republic (including constitutional), as well as
juridical acts adopted by the Supreme Council;
b) juridical acts
of the Trans-Dniestrian Moldavian Republic, ministries, departments, and other
bodies of state power, local self-government in the Trans-Dniestrian Moldavian
Republic, including cases when necessary to settle disputes about separation of
competence between bodies of different branches of state power;
c) international
treaties of the Trans-Dniestrian Moldavian Republic;
d) law-applying
practice;
e) activity of
elect bodies and officials of local self-government, regarding taken decisions
and adopted juridical acts.
2. As
accomplishing its constitutional control, the Constitutional court of the
Trans-Dniestrian Moldavian Republic gives conclusions regarding:
a) observance of
fixed order of advancing charges against persons holding highest posts of the
Trans-Dniestrian Moldavian Republic;
b) constitutionality
of international treaties signed by the Trans-Dniestrian Moldavian Republic,
before their ratification and confirmation;
c) contradiction
of a law of the Trans-Dniestrian Moldavian Republic (including constitutional)
to commonly recognized principles and norms of the international law, to rules
of international treaty of the Trans-Dniestrian Moldavian Republic;
d) in other
cases, stipulated by the present Constitution.
3. By complaints
of violation of civil constitutional rights and freedoms, by inquiries of
courts, the Constitutional court of the Trans-Dniestrian Moldavian Republic
examines conformity of law (which is applied or is to be applied in a certain
case) to the Constitution of the Trans-Dniestrian Moldavian Republic, considers
citizens’ complaints of violation of human rights and freedoms which occurred
when applying a law, a normative act.
4. By inquiries
of the President of the Trans-Dniestrian Moldavian Republic, the Supreme
Council, Plenums of the Superior and Arbitrage Courts of the Trans-Dniestrian
Moldavian Republic, the Prosecutor of the Trans-Dniestrian Moldavian
Republic, the Constitutional court of
the Trans-Dniestrian Moldavian Republic decide issues of constitutionality and
accomplish constitutional control in cases and on issues, stipulated by points
1 and 2 by the present article, give commonly obligatory interpretation of the
Constitution and constitutional courts of the Trans-Dniestrian Moldavian
Republic.
5. The
Constitutional court of the Trans-Dniestrian Moldavian Republic decides
exclusively matters of law.
Decisions of the
Constitutional court are taken by majority of votes among judges of the
Constitutional court whose quantity is fixed in the present Constitution.
Article 88.
1. Decisions of
the Constitutional court of the Trans-Dniestrian Moldavian Republic are
definitive. Acts or their certain parts, found unconstitutional in conformity
with subpoints “a” and “b” of point 1 of article 87 of the present
Constitution, become invalid. International treaty of the Trans-Dniestrian
Moldavian Republic, found unconstitutional, causes consequences stipulated by
the international law, by the Constitution of the Trans-Dniestrian Moldavian
Republic and by law. Law-applying practice, found unconstitutional, is to be
cancelled; respective decisions of state bodies, of local self-government and
officials are to be reviewed in the order fixed by law.
2. The order of
structuring and activity of the Constitutional court of the Trans-Dniestrian Moldavian
Republic, procedures respected by the court, and other issues are regulated by
constitutional law.
Article 89.
The Supreme court
of the Trans-Dniestrian Moldavian Republic is the supreme judicial body
regarding civil, penal, administrative and other matters, which are considered
by courts of general jurisdiction, accomplishes legal supervision (within
proceeding forms stipulated by law) of their activity and gives explanation of
legal practice issues.
Article 90.
The Arbitrage
court of the Trans-Dniestrian Moldavian Republic is the supreme judicial body
regarding settlement of economic
disputes and other matters fixed by law.
CHAPTER 6.
PROSECUTOR’S INSTITUTION.
Article 91.
1. The
Prosecutor's Institution of the Trans-Dniestrian Moldavian Republic
accomplishes supervision of exact and uniform fulfillment of the Constitution
and laws by judicial bodies, ministries and departments, local bodies of power,
bodies of local self-government, enterprises, organizations and institutions,
public associations, officials and citizens.
The Prosecutor's
Institution makes preliminary inquiry, supports state prosecution in courts.
2. The
Prosecutor's Institution of the Trans-Dniestrian Moldavian Republic consists a
unified centralized system where lower-standing prosecutors are subordinated to
higher-standing and to the Prosecutor of the Trans-Dniestrian Moldavian
Republic.
3. Plenary
powers, structure and order of activity of the Prosecutor's Institution of the
Trans-Dniestrian Moldavian Republic are determined by constitutional law.
Article 92.
1. The Prosecutor
of the Trans-Dniestrian Moldavian Republic is appointed by the Supreme court by
presentation of the President of the Trans-Dniestrian Moldavian Republic for
the term of 5 years.
While
accomplishing their plenary powers, the Prosecutor of the Trans-Dniestrian
Moldavian Republic and lower-standing prosecutors are independent from state
power bodies and are led only by the Constitution and laws.
2. The Prosecutor
of the Trans-Dniestrian Moldavian Republic is subordinated to the Supreme
Council and responsible to the President of the Trans-Dniestrian Moldavian
Republic for efficient fulfillment of his duties.
3. Prosecutors
cannot engage any other paid post, accomplish business or another activity,
except teaching, scientific and other creative activity, join the leading body
or observing council of a commercial organization.
For the term of
their plenary powers accomplishment, prosecutors cannot be members of political
parties and other public associations, having political goals. Accomplishment
of prosecutor’s plenary powers is incompatible with accomplishment of deputies’
plenary powers.
CHAPTER 7.
DEFENSE, SECURITY AND LAW-PROTECTING ACTIVITY.
Article 93.
Bases of ensuring
national security of the Trans-Dniestrian Moldavian Republic, state defense,
creation and activity of the Armed Forces of the Trans-Dniestrian Moldavian
Republic, are determined by law.
Article 94.
1. The Armed
Forces of the Trans-Dniestrian Moldavian Republic accomplish functions of
defending the Trans-Dniestrian Moldavian Republic, its sovereignty,
independence and territorial integrity.
Decision about
applying the Armed Forces abroad is taken by the Supreme Council of the
Trans-Dniestrian Moldavian Republic by presentation of the President of the
Trans-Dniestrian Moldavian Republic.
2. Within plenary
powers given to them, the state security services accomplish activity of
preventing and stopping encroachments upon the constitutional system, state
sovereignty, territorial integrity and defensive potentialities of the
Trans-Dniestrian Moldavian Republic.
3. Internal
affair bodies ensure personal safety of people, protection of property, public
order, fight against criminality.
Article 95.
Application of
the Armed Forces of the Trans-Dniestrian Moldavian Republic, of other military
organizations of the state, militarized units, state security services,
internal affairs bodies, other forces of ensuring security, directed to violent
change or violent removal of the constitutional system of the Trans-Dniestrian
Moldavian Republic, to hindering or limiting
(with the same goals) activity of state power bodies, to illegal
limitation of constitutional human and civil rights and freedoms, as well as to
aggression against other states, is a grave crime.
CHAPTER 8.
FINANCIAL AND BUDGET SYSTEM.
Article 96.
1. Financial
system of the Trans-Dniestrian Moldavian Republic is based on proper currency
unit.
The right of
disposing of state finances exclusively belongs to respective bodies of
executive power and only in conformity with the legislative act adopted by the
Supreme Council of the Trans-Dniestrian Moldavian Republic.
2. No state means
can be spent and no state monetary obligations can be accepted in a way and
within limits other than fixed by law.
3. In order to
discharge unpredicted budget deficit and unpredicted state expenses, within
frames of the state budget a reserve fund is established; responsibility of its
spending is put on the state government executive body which manages financial
issues.
Article 97.
1. All state
incomes and expenses must be included into the budget.
2. The budget is
confirmed by law for one year or several years; in the latter case it is confirms
separately for each year by the beginning of the first fiscal year. Parts of
the budget (budget programs) may have different length of acting in years.
3. If the budget
for next year is not confirmed by the end of fiscal year, then until its
confirmation the respective bodies of state power have the right to make all
expenses (within frames fixed by law for the respective period of passed year)
necessary for the following:
a) keeping
mentioned budget organizations, bodies of power and government and making
expenses allowed by law;
b) fulfilling
state duties stipulated in legal order.
If the
above-mentioned expenses are not discharged by incomes, received from taxes,
duties and other sources, the state power executive body, managing issues of financial
disposal, may realize (in the order of crediting) the means, necessary for
supporting economy, in amount of no more than one fourth part of total sum of
the passed year budget.
4. Laws, adopted
during the fiscal year and enlarging confirmed budget expenses or reducing
budget incomes, may be adopted by the Supreme Council only with the approval of
the President of the Trans-Dniestrian Moldavian Republic.
5. Bills
regarding introduction or abolition of taxes, release from their payment,
issuing State loans, changing financial state obligations, other bills
stipulating expenses discharged by the state budget, except cases, stipulated
in point 4 of the present article, may be considered only with the resolution
of the President of the Trans-Dniestrian Moldavian Republic.
Article 98.
1. Introducing
new taxes and changing existing ones may be made only on the basis of law or
when observing conditions stipulated by law.
The right of
giving tax privileges and other financial liberation (within limits fixed by
law and in cases stipulated by law) belongs to respective state power executive
bodies; and in other cases it may be done only by adopting a respective law by
the Supreme Council.
2. Laws and other
juridical acts, establishing new taxes and other obligatory payments or
worsening situation of tax-payers, have no cross effect and come into operation
when the new fiscal year begins, if they were officially published no later
than three months before its beginning.
No one can be
forced to pay taxes and other obligatory payments stipulated illegally or whose
calculation and collecting is fulfilled illegally or in the order other than
stipulated by law.
3. On the basis
of law, the executive power is authorized to enlarge, reduce (within limits stipulated
by law) or abolish (in cases stipulated by law) taxes and duties connected with
external economic activity and fixed by the Supreme Council, or establish new
ones. In case of importance, the executive power can also reduce or ban import,
export and transit of products, goods and property in order to regulate foreign
trade, economy of the Republic, stability of home production and take any other
measures in order to develop economy and state. When presenting a project of
the annual state budget to the Supreme Council, the President of the
Trans-Dniestrian Moldavian Republic informs the Supreme Council about measures
taken for accomplishing mentioned plenary powers during the current fiscal
year.
Article 99.
The state tax
system is aimed to welfare and in favor of the population, to satisfaction of
the state financial demands, to just distribution of incomes and national
wealth, to stimulating national production.
Article 100.
1. The Central
Bank is a state bank.
In its activity,
the Central Bank of the state is accountable to the Supreme Council and the
President of the Trans-Dniestrian Moldavian Republic and acts within frames
fixed by the present Constitution and law.
The statute of
the central bank is fixed by law.
2. Money emission
is accomplished exclusively by the state central bank within frames fixed by
the Supreme Council of the Trans-Dniestrian Moldavian Republic, when adopting
the budget to interests of state regulation and development of the Republic’s
economy.
PART IV.
AMENDING CONSTITUTION.
Article 101.
The right to
offer a bill about amending the Constitution belongs to at least one third part
of the Supreme Council deputies number, fixed by the Constitution, to the
President of the Trans-Dniestrian Moldavian Republic or to at least 15000
electors.
The question of
amending the Constitution cannot be raised and the Constitution cannot be
amended during the period of martial law or emergency state.
Article 102.
Regulations of
the Part I “The Bases of the Constitutional System”, Part II “The Human and
Civil Rights, Freedoms and Duties” and the Part IV “Amending the Constitution ”
may be changed only in consequence of referendum.
Article 103.
The Constitution
may be amended by a law adopted:
1. In consequence
of referendum;
2. By the Supreme
Council of the Trans-Dniestrian Moldavian Republic.
The bill about
amending the Constitution is considered by the Supreme Council in three
readings, and between the first and the second reading there must be a break of
at least two months, and between the second and the third one – at least one
month.
Article 104.
In order to put
the bill about amending the Constitution to referendum, there is needed a
majority of two thirds of the Supreme Council staff fixed by the Constitution.
Referendum is held in conformity with constitutional law, at least two months
after the respective decision taken by the Supreme Council of the
Trans-Dniestrian Moldavian Republic.
Article 105.
The law about
amending the Constitution is adopted by the Supreme Council of the
Trans-Dniestrian Moldavian Republic within frames of its competence by the
majority of two thirds of the Supreme Council staff fixed by the Constitution.
Article 106.
The adopted law
about amending the Constitution is signed by the President of the
Trans-Dniestrian Moldavian Republic and is published within no more than 7 days
after signing.
If the President
of the Trans-Dniestrian Moldavian Republic does not sign the law and does not
publish it within the mentioned term, that law comes into effect after its
signing and official publishing by the Chairman of the Supreme Council of the
Trans-Dniestrian Moldavian Republic.
The law about
amending the Constitution comes into effect at least one month after its
adoption.
CHAPTER V.
TRANSITIONAL NORMS AND REGULATIONS.
Article 1.
The day of
nation-wide referendum – December 24 1995 is the day of adoption of the
Constitution of the Trans-Dniestrian Moldavian Republic.
Article 2.
1. Courts of the
Trans-Dniestrian Moldavian Republic administer justice in conformity with their
plenary powers fixed by the present Constitution.
After the
Constitution comes into operation, judges of all courts of the Trans-Dniestrian
Moldavian Republic keep their plenary powers. Vacant posts are substituted in
the order fixed by the present Constitution.
2. Elections of
reconciling judges are fixed after the Supreme Council adopts a law about reconciling judges, within
terms and in the order stipulated by the Supreme Council.
Article 3.
1. Laws,
including constitutional, references to which are contained in the Constitution
of the Trans-Dniestrian Moldavian Republic, must be adopted or adjusted to the
Constitution within one year from the day the present law comes into effect.
All other laws and juridical acts must be adjusted to the Constitution of the
Trans-Dniestrian Moldavian Republic within two years from the day the present
law comes into effect.
2. Laws and other
juridical acts, valid the day the present law comes into effect, until their
adjustment to the Constitution of the Trans-Dniestrian Moldavian Republic, are
applied in the part that does not contradict the Constitution of the
Trans-Dniestrian Moldavian Republic.
3. Laws and other
juridical acts adopted by the USSR, Moldavian SSR, SSR Moldova, may be applied
on the territory of the Trans-Dniestrian Moldavian Republic in the part that
does not contradict the Constitution of the Trans-Dniestrian Moldavian Republic
and laws of the Trans-Dniestrian Moldavian Republic.
Two years after
the present law comes into effect, laws and other juridical acts, adopted by
the USSR, Moldavian SSR, SSR Moldova, become invalid and inapplicable on the
territory of the Trans-Dniestrian Moldavian Republic.
Article 4.
1. From the day
the present law comes into effect, People’s Deputies of the Supreme Council of
the Trans-Dniestrian Moldavian Republic keep their statute and plenary powers
and acquire the statute of the Supreme Council deputies, fixed by the
Constitution of the Trans-Dniestrian Moldavian Republic and keep it until the
election of a new Supreme Council of the Trans-Dniestrian Moldavian Republic.
2. Until the election
of a new (after adopting the present law) Supreme Council, the existing
bicameral structure of the Supreme Council of the Trans-Dniestrian Moldavian
Republic is kept.
3. After the
present law comes into effect, rules and norms regulating organization issues
of the Supreme Council activity are to be applied in the part that does not
contradict the Constitution. The order of offering, considering and passing
bills, including the procedure of their declining and reconsidering, is kept in
the part that does not contradict norms of the Constitution and taking into
consideration the bicameral structure of the Supreme Council.
Article 5.
1. From the day
the present law comes into effect, the acting President of the Trans-Dniestrian
Moldavian Republic keeps his plenary powers, acquiring rights and duties fixed
by the Constitution and engages his post until a new President of the
Trans-Dniestrian Moldavian Republic is elect in conformity with the
Constitution of the Trans-Dniestrian Moldavian Republic.
2. Dignitaries of
the republican state power bodies, engaging their posts until the present law
comes into effect, keep their plenary powers, acquiring rights and duties fixed
by the Constitution. Dismissal of mentioned persons and appointment of new officials,
after the present law comes into effect, is fulfilled in the order fixed by the
Constitution of the Trans-Dniestrian Moldavian Republic.
3. By September
2, 2002, as the President of the Trans-Dniestrian Moldavian Republic there must
be any citizen of the Trans-Dniestrian Moldavian Republic, having suffrage, age
of at least 35 and being a citizen of the Trans-Dniestrian Moldavian Republic
from the day the citizenship of the Trans-Dniestrian Moldavian Republic was
established. After the above-mentioned
date, the norm, stated in point 2 of article 68 of the present
Constitution, comes into effect.
Article 6.
From the day the
present law comes into effect, local People's deputies Councils and state
administrations acquiring statute, and the norms and regulations (fixed by the
Chapter 4 of the Part III of the Constitution of the Trans-Dniestrian Moldavian
Republic) act with reference to them.
Article 7.
1. Until adopting
a respective law about the Constitutional court of the Trans-Dniestrian
Moldavian Republic, the staff of the Constitutional court is formed by right **
in conformity with requirements of articles 62 and 86 of the present
Constitution.
2. Activity of
the Constitutional court of the Trans-Dniestrian Moldavian Republic and
administering justice is accomplished in conformity with the Constitution of
the Trans-Dniestrian Moldavian Republic and existing civil procedure
legislation (until adopting a respective law) and with existing civil procedure
legislation.
____________________________________________________________________
** by right – by law and without special decree.
THE PRESIDENT OF
THE TRANS-DNIESTRIAN MOLDAVIAN REPUBLIC
I. SMIRNOV