THE CONSTITUTION

 

Adopted at the nation-wide referendum on December, 24, 1995 and signed by the President of the Trans-Dniestrian Moldavian Republic on January, 17, 1996. The present edition is in conformity with amendments, introduced by the Constitutional Law ą 310 on June, 30, 2000.

We, the multiethnic people of the Trans-Dniestrian Moldavian Republic,

 

- 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-Dniestrian Moldavian Republic.

 

 

PART I

 

THE BASES OF CONSTITUTIONAL SYSTEM

 

Article 1.

 

The Trans-Dniestrian Moldavian Republic is a sovereign, independent, democratic, law-based state.

 

The bearer of sovereignty and the only source of power in the Trans-Dniestrian Moldavian Republic is its people.

 

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 Trans-Dniestrian Moldavian Republic. Seizure of power or usurpation of plenary powers is the hardest crime against the Trans-Dniestrian people.

 

Article 2.

 

The Constitution of the Trans-Dniestrian Moldavian Republic has the superior legal force and direct action.

 

The bodies of state power and management, local government, officials, public associations and citizens must respect the Constitution and laws of the Trans-Dniestrian Moldavian Republic.

 

Article 3.

 

Citizenship of the Trans-Dniestrian Moldavian Republic is acquired and stopped in conformity with the constitutional law, is equal for all citizens, regardless of reasons of its acquisition.

 

 

The citizen of the Trans-Dniestrian Moldavian Republic cannot be deprived of citizenship or the right of its change. The citizen of the Trans-Dniestrian Moldavian Republic may have citizenship of another state – double citizenship.

 

Foreign citizens and persons without citizenship benefit the rights and freedoms of citizens of the Trans-Dniestrian Moldavian Republic, unless any other provision is stipulated by law.

 

Article 4.

 

In the Trans-Dniestrian Moldavian Republic, the state, private and other forms of ownership are permitted.

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 Trans-Dniestrian Moldavian Republic is accomplished on the basis of division into three branches: legislative, executive and judicial. Bodies of legislative, executive and judicial power are independent within their authority.

 

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 Trans-Dniestrian Moldavian Republic is a secular state. No religion can be established as a state or an obligatory one.

 

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 Trans-Dniestrian Moldavian Republic, are the basis of relations with other states and the part of juridical system.

 

Article 11.

 

The Armed Forces are created in order to protect sovereignty and independence of the Trans-Dniestrian Moldavian Republic.

 

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 Trans-Dniestrian Moldavian Republic has the state flag, coat of arms, and anthem which are symbols of the state and are confirmed by law.

 

The city Tiraspol is the Capital of the Trans-Dniestrian Moldavian Republic.

 

Article 14.

 

The Trans-Dniestrian Moldavian Republic consists of:

·        Cities - Bendery (including villages Varnitsa, Gyska, Protiagailovka), Dubossary, Rybnitsa, Tiraspol;

·        Districts – Dubossary (Dubossarski), Grigoriopol (Grigoripolski), Kamenka (Kamenski), Rybnitsa (Rybnitski), Slobodzeia (Slobodzeiski).

 

The boundaries and territory of the Trans-Dniestrian Moldavian Republic are determined by law.

 

Article 15.

 

Provisions of the present part of the Constitution consist the bases of the constitutional system of the Trans-Dniestrian Moldavian Republic and cannot be modified in a way other than fixed by the present Constitution.

 

No other provision of the Constitution can contradict the bases of the constitutional system of the Trans-Dniestrian Moldavian Republic.

 

 

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 Trans-Dniestrian Moldavian Republic have the right for free movement and choice of place of living within boundaries of the Republic, for leaving it and freely coming back.

 

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:

 

ŕ) 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)      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

 

 

Translated by Ernest A. Vardanean