CONSTITUTION
OF THE PRIDNESTROVSKAIA MOLDAVSKAIA RESPUBLIKA

CHAPTER 5. THE JUDICIAL AUTHORITY



Article 80
1. In the Pridnestrovskaia Moldavskaia Respublika justice shall be administered only by court.
2. The judicial authority shall be exercised by courts through the constitutional, civil, administrative, criminal, and arbitration proceedings.
The judicial system in the Pridnestrovskaia Moldavskaia Respublika shall be determined by the constitutional law according to the current Constitution. It is not allowed to establish emergency courts.
3. Jurisdiction, the order of establishing and functioning courts shall be provided by the current Constitution and the constitutional law.
4. The President of the Pridnestrovskaia Moldavskaia Respublika shall ensure independence of judicial power.
The budget of courts should enable them exercise their constitutional powers fully and independently; budgetary provision for organs of judicial power maynot be less than that for other organs of state power in the Pridnestrovskaia Moldavskaia Respublika. The budget of courts maynot be reduced during the current fiscal year without an agreement of highest organs of the judicial power of the Pridnestrovskaia Moldavskaia Respublika, unless budget expenditures are cut out proportionately for all organs of state power.

Article 81
1. In the process of administering justice, the judges shall be independent and subordinate only to the Constitution and the law of the Pridnestrovskaia Moldavskaia Respublika.
2. Any interference in the activity of the judges related to administration of justice by them shall be inadmissible and shall entail responsibility according to the law.
3. A court, having revealed during consideration of a case an inconsistency between a normative act of a state organ or another organ and the Constitution or law, shall take a decision according to the Constitution and the law.

Article 82
Only the citizens of the Pridnestrovskaia Moldavskaia Respublika, who have higher education in law and job seniority in juridical speciality at least five years, may serve as a judge.
Only a citizen of the Pridnestrovskaia Moldavskaia Respublika, who has higher education in law and job seniority in juridical speciality or activity in the sphere of law at least ten years, may serve as a judge of the Constitutional Court.

Article 83
1. The judges, except for the judges of the Constitutional Court and the Justices of the Peace, shall be appointed by the President upon presentation by the Chairmen of the Supreme Court and the Court of Arbitration respectively.
The justices of the Peace shall be elected by the population from among individuals meeting the requirements of the first part of Article 82 of the current Constitution, on the basis of universal, equal and direct suffrage by secret ballot. The Justices of the Peace shall be elected for the term of office of five years. The order of holding elections of the Justices of the Peace shall be provided by the law.
The judges shall hold their office without any time limit until they reach the age of 65, except for the judges appointed for the first time, the Justices of the Peace, and individuals participating as judges in administering justice in the Constitutional Court.
First appointment to the office of the judge shall be made for the term of five years, except for the cases stipulated by the current Constitution.
2. The term of office of a judge may end or be suspended in the order and on the grounds provided by the Constitution and the constitutional law.
3. During the term of their office the judges may not be engaged in business or another activity, except for teaching, scientific and another creative activity.
During the term of their office the judges may not be members of political parties, and public associations set to achieve political goals. Performing duties of a judge is incompatible with performing those of a deputy.

Article 84
1. A judge shall have personal immunity.
2. A judge maynot be made answerable otherwise than in the order provided by the law.

Article 85
1. In all courts the proceedings shall be open. Hearing cases at a closed session shall be allowed only in cases stipulated by the law.
2. The Justice shall be administered on the basis of controversy and equality of sides in proceedings.

Article 86
1. The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be an institute of constitutional control in the Pridnestrovskaia Moldavskaia Respublika.
The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall guarantee supremacy of the Constitution of the Pridnestrovskaia Moldavskaia Respublika, ensure observance of the principle of division of powers, and guarantee responsibility of the state under a citizen and a citizen under the state.
2. The Constitutional Court shall be composed of 6 (six) judges, including the Chairman of the Court. The term of office of a judge of the Constitutional Court shall be 7 years.
Exercise of powers by a judge of the Constitutional Court may be suspended or stopped only in the order provided by the constitutional law.
The President of the Pridnestrovskaia Moldavskaia Respublika, the Supreme Soviet, and the Congress of Judges of the Pridnestrovskaia Moldavskaia Respublika each shall appoint two judges of the Constitutional Court.
3. The judges of the Constitutional Court shall be appointed from among individuals who reached the age of 40 by the day of their appointment and hold the office of a judge in other courts, as well as from among other individuals meeting the requirements of the second part of Article 82 of the current Constitution. The age-limit for appointment to the position of a judge of the Constitutional Court shall be 58 years of age.
4. The Chairman of the Constitutional Court shall be appointed from among the judges of the Constitutional Court in the order established by the Constitution.

Article 87
1. In the process of exercising constitutional verification, the Constitutional Court shall resolve cases as to constitutionality of:
a) laws (including the constitutional ones) of the Pridnestrovskaia Moldavskaia Respublika, as well as legal acts passed by the Supreme Soviet;
b) legal acts of the President of the Pridnestrovskaia Moldavskaia Respublika, of Ministries, Departments and other organs of state power, and local self-government of the Pridnestrovskaia Moldavskaia Respublika, including in the part related to necessity of resolving
disputes concerning competences between organs of different branches of state power;
c) international treaties of the Pridnestrovskaia Moldavskaia Respublika;
d) law implementation practice;
e) decisions taken and legal acts passed by elective organs and officials of local self-government.
2. The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, in the process of exercising constitutional verification, shall decide on:
a) observing the established order of bringing a charge against individuals holding top state position in the Pridnestrovskaia Moldavskaia Respublika;
b) constitutionality of signed international treaties of the Pridnestrovskaia Moldavskaia Respublika before their ratification or confirmation;
c) inconsistency of law (including the constitutional one) of the Pridnestrovskaia Moldavskaia Respublika with universally recognized principles and norms of international law, or with regulations of a ratified international treaty of the Pridnestrovskaia Moldavskaia Respublika;
d) other cases stipulated by the current Constitution.
3. As to complaints about infringement of the constitutional rights and freedoms of citizens, the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, at the request of courts, shall verify the constitutionality of a law applied or being a subject to application in a specific case, with the Constitution of the Pridnestrovskaia Moldavskaia Respublika, and shall consider the complaints made by the citizens about the infringement of rights and freedoms of a person and a citizen, as a result of application of a law or a normative statutory enactment.
4. At the request of the President of the Pridnestrovskaia Moldavskaia Respublika, the Supreme Soviet, the Plenums of the Supreme Court and the Court of Arbitration of the Pridnestrovskaia Moldavskaia Respublika, the Prosecutor General of the Pridnestrovskaia Moldavskaia Respublika, or the Plenipotentiary on Human Rights in the Pridnestrovskaia Moldavskaia Respublika, the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall consider cases concerning constitutionality and exercise the constitutional control in the cases and on the matters as provided by paragraphs 1 and 2 of the given Article, shall give an obligatory interpretation of the Constitution and the constitutional the laws of the Pridnestrovskaia Moldavskaia Respublika.
5. The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall deal only with law related matters.
The decisions of the Constitutional Court shall be taken by the majority of votes of the established by this Constitution total number of judges.

Article 88
1. The decisions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be definitive. At the acts or their individual provisions recognized as unconstitutional according to subparagraphs "a" and "b" of paragraph 1, Article 87 of the current Constitution, shall become null and void. The recognition of an international treaty of the Pridnestrovskaia Moldavskaia Respublika as unconstitutional shall lead to consequences envisioned by the international law, the Constitution and the law of the Pridnestrovskaia Moldavskaia Respublika. The law implementation practice recognized as unconstitutional must be stopped; respective decisions of state organs, of local self-government and officials should be revised in the order envisioned by the law.
2. The order of establishing and functioning of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, procedures observed by it and other matters shall be regulated by the constitutional law.

Article 89
The Supreme Court of the Pridnestrovskaia Moldavskaia Respublika shall be the supreme judicial organ in resolving civil, criminal, administrative and other cases falling within the competence of courts of general jurisdiction; it shall carry out judicial supervision of their activity in legal forms provided by the law, and explain questions of judicial practice.

Article 90
The Court of Arbitration of the Pridnestrovskaia Moldavskaia Respublika shall be the supreme judicial organ in resolving economic disputes and other cases provided by the law.

Article 91
1. The Prosecutor General of the Pridnestrovskaia Moldavskaia Respublika and the subordinate prosecutors shall supervise the precise and uniform execution of the Constitution of the Pridnestrovskaia Moldavskaia Respublika and the laws on the entire territory of the Pridnestrovskaia Moldavskaia Respublika.
2. The competence, establishment and the order of functioning of the Prosecutor's Office of the Pridnestrovskaia Moldavskaia Respublika shall be provided by the constitutional law.



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