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 № 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:

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) 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;