Law fundementals / REGULATIONS

SECTION III.
CONSIDERATION OF LEGAL PROCEEDINGS IN SESSIONS
OF THE CONSTITUTIONAL COURT OF THE PRIDNESTROVSKAIA
MOLDAVSKAIA RESPUBLIKA


CHAPTER 3. GENERAL PROVISIONS


28. Quorum

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall have authority to take decisions in sessions provided there are no fewer than two thirds of the total number of Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika confirmed by the Constitution of the Pridnestrovskaia Moldavskaia Respublika. The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall not have the right not to participate in session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika without the valid reason.

29. Invariance of the Staff of the Court

1. The impossibility to continue the participation in session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika of one of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika if thus the established quorum is not broken shall not interfere with the further consideration of a question.

2. In case the time no longer than fifteen days absence during the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika of one of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika has caused the infringement of the established quorum the interval in hearing of the case shall be made.

3. In case the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika has left from judicial session in connection with his long desease or under other circumstances interfering his further participation in session for the term of more than fifteen days and is equal in connection with rejection which is satisfied and his absence has entailed infringement of the quorum the hearing of the case shall be postponed.

4. The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall have the right for the valid reasons with the consent of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in case the established quorum is not broken to be absent in judicial Session and again enter the process provided that his absence proceeded not longer than three days and the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika have not left for a consultive room.

30. Calculation of Terms

1. Remedial terms shall be estimated from the date of registration of a petition.

2. The course of terms connected with the certain legal consequences shall begin on the following day after the calendar date which determines its beginning in the Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika" or in the decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

3. The terms estimated on day expire at twenty-four hours of the last day, the terms estimated on years or months expire in the appropriate number of the last year or month of the target date. If the last day of the term falls on a day-off the day of the termination of the term shall be considered the nearest following week day. In the cases stipulated by the Part Three Article 21 of the Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika" the terms shall be estimated proceeding from the actually past time irrespective of whether the appropriate day is a week day or not.

31. Consequences of Absence of Witnesses, Experts in Sessions of the Constitutional
Court of the Pridnestrovskaia Moldavskaia Respublika

In case of absence of witnesses, experts or the experts in sessions the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall take the following decisions:
1) on an opportunity of consideration of the case in absence of witnesses, experts and the experts in session;
2) on adjournment of the decision of a question on consequences of absence of witnesses, experts and the experts in session before the end of research of the documents of the case and on the beginning of a question;
3) on the announcement of an interval in judicial session and adoption of measures on providing the presence of witnesses, experts and the experts in session;
4) on adjournment of consideration of a case if the fair sanction of the case in absence of witnesses, experts and the experts in session is impossible.

32. The Oath of the Expert

1. Before the reporting statement of the expert the presiding shall identify the personal information of the expert that is his first name, middle name and surname; the place of work; the experience of work on his speciality; a scientific degree; an academic status; honorary titles; shall explain to the expert his rights and duties listed in Article 70 of the Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika", and shall warn him on the responsibility for a summer residence of obviously false conclusion or refusal of a summer residence of the conclusion which shall be registered in the report of the judicial session. Afterwards the expert shall take the oath.

2. The expert shall read the text of the following oath:

" I,(first name, middle name, surname), do assume the obligation to draw the conclusion based on the professional knowledge guided by the requirements of Article 70 of the Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika"and my own convictions".

3. The text of the oath shall be joined to the documents of the case after its being pronounced and signed by the expert.

33. The Oath of the Witness

1. Before the hearing of the witness the presiding shall identify the personal information of the witness and shall explain to the witness his rights and duties listed in Article 71 of the Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika" and shall warn him on the responsibility for a summer residence of obviously false conclusion or refusal of a summer residence of the conclusion which shall be registered in the report of the judicial session. Afterwards the witness shall take the oath.

2. The witness shall read the text of the following oath:

"I, (first name, middle name, surname), do assume the obligation to give the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika truthful and full indications on the circumstances known to me personally concerning the essence of the case under consideration".

3. The text of the oath shall be joined to the documents of the case after its being pronounced and signed by the witness.

34. The Interpreter

1. On the ground of Article 40 of the Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika" the participants in the proceedings without a knowledge of the Russian language shall be entitled to plead in another language and to use the services of an interpreter.

2. The interpreter shall be obliged to be on a call of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and to execute full and precise translation charged on him.

3. Before the beginning of the judicial proceeding the interpreter shall get the explanation of his rights and duties to execute full and precise translation charged on him. The interpreter shall be warned of the responsibility for obviously wrong translation.

35. The Procedure of Discharge of a Judge of the Constitutional Court of the
Pridnestrovskaia Moldavskaia Respublika from Participation in Consideration of the

1. The petition of the side for removal of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika or rejection of the Judge shall be declared at any stage of the consideration of the case at presence of the circumstances specified in Part One Article 63 of the Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika".

2. In case of rejection of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika or the application of any of the sides about the removal of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika the presiding shall put on consideration of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika the question of discharge of the Judge from his participation in consideration of the case.

3. The motivated decision on the question of discharge of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika from participation in consideration of the case shall be passed in a consultative room by an open ballot of the majority of the Judges of the total number of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika after hearing the Judge under discharge.

4. In case of discharge from participation in consideration of the case of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika being the Judge-Speaker on the case the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall simultaneously take the decision on appointing of the new Judge-Speaker.

36. Participation of Several Representatives of the Side in Session

1. In cases when several representatives of a side with identical volume of powers participate in Session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall have the right to demand of the side on definition from their total number of a person who shall express the final position of the side on the case under consideration and he shall make the final speech.

2. After the beginning of consideration of a question in session the side shall have the right to charge with the consent of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika the protection of the interests to new representatives or shall have the right to enter the proceedings independently having released the representatives of their duties.

37. The Procedure of Admission in the Courtroom of the Persons wishing to be Present
at Public Sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia
Respublika and the Representatives of Mass Media

1. The persons wishing to be present at public sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be allowed to be present in the courtroom before the beginning of the hearing of a case or during the interval in view of vacant seats.

2. The representatives of Mass Media accredited at the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be allowed to be present in the courtroom on accreditation certificates. Other representatives of Mass Media shall be allowed to be present in the courtroom according to the list submitted by the Press-Secretary of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika to the Judge-Secretary of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

38. Maintenance of the Order in Session of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

1. The maintenance of the order in session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be assigned on the officials of the Staff of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika authorized by the Chairman of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

2. In order to maintain the normal conditions for legal proceedings in session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika the authorized official shall have the right to make remarks to the persons present in the courtroom of judicial sessions, to demand of them the observance of the established order and to take the appropriate measures to elimination of the infringements. The requirements of the authorized official of the maintenance of the established order in the courtroom of judicial Sessions shall be obligatory for all the present persons. The removal of a person from the courtroom of judicial sessions shall be carried out after the repeated infringement by the order of the presiding Judge.

3. The authorized official before the beginning of the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and during the intervals shall inform the service responsible for admitting the citizens into the building of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on the number of vacant seats in the courtroom of judicial sessions.

4. At an entrance of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika into the courtroom of judicial sessions and at leaving the courtroom of judicial sessions the authorized official shall offer all present persons to rise.

39. The Record of Judicial Proceedings

1. In all sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika irrespective of the character of the case under consideration records shall be kept.

2. The records shall contain the following:
  • indication of the place and the date of the session;
  • the list of the Judges present in session and absent;
  • First name, Middle name, Surname and the position of the presiding Judge;
  • First name, Middle name, Surname of the Secretary-Judge (Secretary-Judges) of the session;
  • the agenda;
  • information on the sides and other participants of the session;
  • the actions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in the order they took place and their results;
  • the explanations of the sides and their representatives, other participants of the session, the questions given and the answers to them; indications of witnesses, opinions of experts and opinions of the experts, the questions given and the answers to them;
  • statements of other persons participating in session;
  • indications on the facts and circumstances which the sides and other participants of the sessionasked to testify in the record;
  • the mentioning of infringements which took place in the session, other facts of disrespectful actions to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, of the warnings made in the sessions and of the penalties inposed in the sessions;
  • the questions for voting and the results of the voting;
  • formulations of the legal decisions adopted by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

  • 3. Verbatim record of the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may be kept to provide for a complete and precise record. If during the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika under its decision the sound recording, video recording, a sound track photo-filming, video film a phono-film shall join the record of the session which is registered in the record of the session.

    4. The records of the of the sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be made by experts of a department of organizational maintenance of judicial sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika. The employees carrying out recording in session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall vise each page of the part of the record made by them and shall bear the personal responsibility for quality of their drawing up.

    5. The sides and other participants of session shall have the right to petition for entering into the record of data on the facts and circumstances essential to the case. All changes and additions shall be stipulated in the record.

    6. The record shall be made in no event later than five days after the termination of the session. In extraordinary cases in connection with the large volume the term of registration of the record shall be prolonged by the presiding Judge.

    7. The record of the judicial session shall be vised by the Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, shall be signed by the presiding Judge and the Judge-Secretary of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and joined to the documents of the case.

    8. The sides and their representatives shall have the right to acquaint themselves with the records of the judicial sessions and submit comments on them. These comments shall be considered by the presiding Judge and the Judge-Speaker within the period of ten days. On the results of consideration of the comments on the record of the judicial session the presiding judge shall take the decision on their familiarizing with the record or on the refusal in satisfaction.

    40. The Record of Session in Camera of the Judges of the Constitutional Court
    of the Pridnestrovskaia Moldavskaia Respublika

    1. The recording of session in camera of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be made by the experts of the department of organizational maintenance judicial sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika. If the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika makes the decision to hold the session without participation of the officials of the Secretariat of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika providing the recording, the record of the session shall be made by one of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on behalf of the presiding Judge.

    2. The record of the session in camera shall contain the following:
  • the date of the session and the time of its beginning and ending;
  • the surname of the presiding Judge;
  • the surnames of the Judges present and absent in session with the indication of the reasons for absence of each of them known to the Constitutional Court of the Pridnestrovskaia Moldavskaia respublika;
  • the questions for voting and the results of voting announced by the presiding Judge.

  • 3. Verbatim record shall be applied to the record of the session in camera of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika at the final decision being admitted.

    4. The Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall have the right to acquaint themselves with the record and the verbatim record (in case it was made) of the session in camera of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika. A Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall have the right to make the comments to the record which shall be considered by the same number of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

    5. The record of the session in camera of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be signed by all the Judges participating in making the decision. The indicated record shall be sealed in an envelope and checked to the Chairman of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

    41. Some Rules of Proceedings and Etiquette in Session of the Constitutional Court
    of the Pridnestrovskaia Moldavskaia Respublika

    1. The sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall proceede solemnly with observance of ethics of the constitutional proceedings. At the entrance of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika into the courtroom and at leaving the courtroom all the present in the courtroom shall rise.

    2. The sides and other participants of the judicial proceeding shall speak, give explanations, reply to the questions and ask the questions other participants of the proceeding standing and only after granting of a word by the presiding Judge. If necessary on the sanction of the presiding Judge the participant of the proceedings shall be given an opportunity to speak, give explanations, reply to the questions sitting.

    3. Forms of the official addressing to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be the following: "High Court" or "Dear Court", "Your Great Honour" or "Dear Presiding Judge", "Dear Judge".

    4. When addressing to the sides and other participants of the proceedings and when mentioning them in statements the following word collocations shall be used: "Dear Side", "Dear Representative of the Side", "Dear Witness", "Dear Expert" and etc. If necessary to specify the addressee the surname of the appropriate participant of the proceedings shall be indicated.

    5. In session the presiding Judge shall have no right to limit the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in an opportunity to ask the participants of the proceedings, to remove the questions put by the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, to make comments on the statements and questions of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika. In session the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall have no right to interrupt the explanations of the sides, the indications of experts and witnesses, questions put by other Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, the indications and orders of the presiding Judge by their comments and retorts.

    6. All the present in the courtroom the participants of the proceedings, representatives of Mass Media, other citizens shall be obliged to behave respectfully to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, the sides, other participants of the proceedings and to each other; to submit the orders of the presiding Judge and the indications of the "authorized officials" on the observance of the order in the courtroom; not to suppose in session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika circulation about the courtroom, conversations, retorts; not to create any handicapes to a normal course of proceedings.



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