ORGANIZATION AND ACTIVITY/

HISTORY OF ORGANIZATION

HISTORY OF CREATING OF THE CONSTITUTIONAL COURT
of the Pridnestrovskaia Moldavskaia Respublika


The Pridnestrovskaia Moldavskaia Respublika was founded on September 2nd, 1990 by the Resolution of the Second Extraordinary Congress of People's Deputees of all levels of Pridnestrovie. The Decree on the state power was adopted on the 2nd Congress.
The first constitutional enactments adopted on December 8th, 1990 by the Provisional Supreme Soviet of the first Calling were the Declaration of the Sovereignty of the Pridnestrovian Moldavian Soviet Socialist Republic and the Modern Wording of the Decree of State Power enunciating principles of the devision of state power.
The first Constitution of the Pridnestrovskaia Moldavskaia Respublika was adopted on September 2nd, 1991 at the IV th Congress of People's Deputees of all levels. On December 10th, 1991 the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika adopted the Resolution "On the Procedure of Adoption of legislation on the territory of the Pridnestrovskaia Moldavskaia Respublika."
The first Constitution of the Pridnestrovskaia Moldavskaia Respublika adopted the statements of the judicial power and established the procedure of adoption of judicial bodies. Besides, it contained the constitutional principles of judicial activity: independence of Judges and while exercising their powers shall be ruled exclusively on matters of law, non-admissibility of interfering in their activity, equal rights of citizens under the Law and the Court.
However the first Constitution of the Pridnestrovskaia Moldavskaia Respublika did not consider the formation and the activity of the single independent organ of the Constitutional Control, that is the Constitutional Court. Its activity was carried out by the Supreme Court of the Republic.
However the formation and development of the Law State required the creation of the independent Constitutional Court.
The Constitutional Court - the first organ of the Constitutional Control in the history of the Pridnestrovskaia Moldavskaia Respublika was formed on June 12th, 2002. Its formation was based on the Constitution of the Pridnestrovskaia Moldavskaia Respublika admitted at the All-Republican Referendum on January 24th, 1995.
The formation of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika has become necessary and law-governed. The leading role of law and firm society order based on the Constitution shall be the necessary condition and integral part of the sovereign, democratic and law state recognizing, observing and defending rights and freedoms of individual and citizen. The Law State shall be impossible without the independent judicial organ providing constitutional control by the special procedure of the constitutional judicial activity.
Therefore the formation of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be considered both important and solely necessary action in the development of the constitutional state power of the Republic.
On June 12th, 2002 the Grand Session of the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika was held. The six Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika took the oath and assumed the office of Judges of the Constitutional Court.


Special Sitting of the Third Session of the Supreme Soviet
of the Pridnestrovskaia Moldavskaia Respublika
June 24th, 2002


The data: 1. On taking the oath by the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
Each Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall put the left hand on the Constitution of the Pridnestrovskaia Moldavskaia Respublika, shall take the oath and shall sign it.
Decided:to consider Garbuzov V.K., Grigoriev V.A., Kabaloev O.K., Karamanutsa V.I., Malskaia L.G., Turbal V.A. to have assumed to the office of Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in the event of their taking the oath in accordance with the Constitution of the Pridnestrovskaia Moldavskaia Respublika and the Order of the President of the Pridnestrovskaia Moldavskaia Respublika "On the Procedure of Taking the Oath by the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika."
Special Sitting was held in the presence of the President of the Pridnestrovskaia Moldavskaia Respublika Igor Nikolaevich Smirnov who took the addressing floor.


THE SPEECH OF THE PRESIDENT
OF THE PRIDNESTROVSKAIA MOLDAVSKAIA RESPUBLIKA
at the special sitting on the occasion of the formation of the Constitutional Court


Today in accordance with Article 86 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika and on the ground of the Order of the President the Judges of the Constitutional Court have been appointed to their office representing the three main branches of the state power. The Judges have taken their oath. We shall obviously consider this day to be the day of formation of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika. The Constitutional Court is purely new judicial branch of state power for our Republic and in accordance with the Constitution shall be the organ of the constitutional control. It is for the first time when there shall be the organ in our Republic responsible to rule on matters of law restricting the legislative and executive powers, and at times suppressing the politicians appealing to political expediency but not to law. I would like to pay attention to the fact that the state power conscientiously and with full responsibility shall undertake such self-restriction and I consider it very important.
It's important to mention the political independence of the Constitutional Court and as it reads the Constitution of our Republic and the Draft Order on the Constitutional Court "The Constitutional Court shall decide solely problems on law". Many appeals on different disputes will have to be solved here including disputes between bodies of state power - that is political disputes. And I should mention that the disputes shall have to be solved by means of constitutional judicial proceedings. The Constitutional Court shall prove the possibility of independent and based exclusively on matters of law judicial proceedings and besides shall show the high level of Judges assisting professional development and strengthening other courts of our country.
The creation of the Constitutional Court has become an organ protecting the foundation of the constitutional system, State Power, economic developments and business freedoms. And what is most important shall protect the basic rights of independence and freedom of individuals and citizens. The Constitutional Court shall never substitute for other state power organs and shall never interfere in their competence.
The Constitutional Court shall be the judicial body autonomously and independently exercising judicial authority by means of constitutional judicial proceedings. On the one hand, the Constitutional Court shall be independent and, on the other hand, shall influence activities of other state power organs. The Constitutional Court shall become the highest branch of state power and shall become the organ of constitutional control.
The Constitutional Court shall never be used as an instrument in political struggle. Responsible activity of the Constitutional Judges demands profound juridical knowledge, professional dignity and civil courage. I am confident of having done the right thing for right development of our State power, and the Constitutional Court shall become an important instrument in further development of state power of our Republic.


President of the Pridnestrovskaia Moldavskaia Respublika I. Smirnov


At the Special Sitting the President of the Pridnestrovskaia Moldavskaia Respublika in accordance with the Constitutional Right produced to the deputees of the Supreme Soviet the proposal on candidate Vladimir Anatolievich Grigoriev for office of Chairman of the Constitutional Court. A majority of votes of the total number of deputies obtained by secret ballot considered the candidate for office as appointed.
From June till November 2002 the Constitutional Court provided organizational activity, determined the size, structure and the list of stuff positions, provided material and technical support, carried out the Draft of the Constitutional Law "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika" and the Regulations of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
On November 1st, 2002 in the presence of the President of the Pridnestrovskaia Moldavskaia Respublika, the Chairman of the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika, the Chairman of the Supreme Court of the Pridnestrovskaia Moldavskaia Respublika, the Chairman of the Superior Court of Arbitration of the Pridnestrovskaia Moldavskaia Respublika the Grand Meeting of the Constitutional Court devoted to the beginning of its activity took place. The organ of the Constitutional Control entered into force.
On November 29th, 2002 the first plenary session of the Constitutional Court confirming the Regulations of the Constitutional Court was held.
On December 2nd, 2002 the Chairman of the Constitutional Court on conformity with the Constitution of the Pridnestrovskaia Moldavskaia Respublika appointed Viktor Konstantinovich Garbuzov Deputy Chairman of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, and Valeriy Aleksandrovich Turbal the Judge-Secretary of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
On February 25th, 2003 the second plenary session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika was held and considered the petition of the President of the Pridnestrovskaia Moldavskaia Respublika I.N.Smirnov on verification of constitutionality of the enactments adopted by the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika. The Court determined to take the petition of the President of the Pridnestrovskaia Moldavskaia Respublika into consideration.
The formation of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika has terminated. The term of activity and development of the Court has started.


Status, competence, formation and activity of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika


Status of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and its competence shall be prescribed by Articles 86-88 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika. According to Article 86 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be the organ of the constitutional control in the Pridnestrovskaia Moldavskaia Respublika.
The Constitutional Court shall guarantee the foundations of the constitutional system of the Pridnestrovskaia Moldavskaia Respublika, shall provide for the observance of the principle of division of powers, shall guarantee the responsibility of the State Power to individuals and citizens and the responsibility of individuals and citizens to the State Power.
The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall decide cases on conformity with the Constitution of the Pridnestrovskaia Moldavskaia Respublika of:
  • laws of the Pridnestrovskaia Moldavskaia Respublika (including the constitutional laws), as well as enactments issued by the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika;
  • enactments issued by the President of the Pridnestrovskaia Moldavskaia Respublika, organs of State Power, local self-government in the Pridnestrovskaia Moldavskaia Respublika, as well as settling disputes about competence between organs of State Power;
  • the activity of elective bodies and officials of local self-government in making laws and enactments.
  • The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall decide advisory opinions on conformity with the Constitution of the Pridnestrovskaia Moldavskaia Respublika of:
  • observance of prescribed Procedure for charging the President of the Pridnestrovskaia Moldavskaia Respublika with high treason or with commission of other grave offence;
  • international treaties of the Pridnestrovskaia Moldavskaia Respublika that have not come into force;
  • acknowledgement of the non-conformity of the international treaty of the Pridnestrovskaia Moldavskaia Respublika that has not come into force, or individual provisions thereof with the Constitution of the Pridnestrovskaia Moldavskaia Respublika;
  • other cases mentioned by the present Constitution of the Pridnestrovskaia Moldavskaia Respublika.
  • The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika having taken up the complaint on the violation by the law of the constitutional rights and freedoms of citizens for the consideration shall notify about that the court or other body which considers the case in which the appeal law has been applied or ought to be applied.
    The Constitutional Law "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika" adopted by the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika on 30th October, 2002 and the Regulations of the Pridnestrovskaia Moldavskaia Respublika shall admit the procedure of Structure and Organization of activity of the Constitutional Court, Organizational Forms of the Constitutional Judicial Proceedings.
    The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall rule exclusively on matters of law.
    The decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be final. The acts or individual provisions thereof found to be unconstitutional shall be null and void; found not to be in conformity with the Constitution of the Pridnestrovskaia Moldavskaia Respublika shall not be brought into force and implemented. The Constitutional Judicial Proceedings found not to be in conformity with the Constitution of the Pridnestrovskaia Moldavskaia Respublika shall be terminated.



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