Law fundementals / REGULATIONS

CHAPTER 2. ACCEPTANCE OF PETITIONS FOR CONSIDERATION,
PREPARATION AND ASSIGNMENT TO HEARING



14. Acceptance of Petitions for Consideration

1. The decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on acceptance of the petitions for consideration shall be formulated under each petition separately and shall be made out as the definition.

2. The petitioner and bodies and officials who gave the disputable enactment or participating in the dispute on the competence shall be beforehand notified by the Secretariat of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on the time and the place of the Session of the Constitutional Court of the Pridnestrovskaia Moldavskaia respublika concerning the acceptance of the appropriate petition for consideration. The absence of the sides or of their representatives does not interfere with the consideration of the question in the Session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika except for the cases when the side declared the intention to participate in the consideration of the question earlier and the reason for its absence is recognized as valid by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

3. The decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on the refusal in the acceptance of the petititon for consideration or about the termination of the procedure for consideration determined by Part The Second Of Article 50 of the Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika" shall be formulated under each petition separately and shall be made out as the motivated definition.

15. Admittance of the Judge-Speaker of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

1. In accordance with the confirmed by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika the sequence of disposal of legal proceedings and also with the congestion of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika with the petitions and the documents transferred earlier for preliminary studying or preparation to hearing, complexity and volume of the documents, the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall appoint a Judge-Speaker (the Judges-Speakers) on each case in Session.

2. Under preparation of the case to hearing the Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall:
a) transfer to the Secretariat of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika a copy of the petition and the documents applied to it to the other side with the indication of a deadline of granting of objections (not later than two weeks prior to the beginning of the Session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika);
b) study written objections of the other side in case of their representation;
c) transfer inquiries, requirements to the appropriate bodies on request;
d) solve the question on examination of the case on request;
e) take other measures necessary for appropriate preparation of the case for consideration.

3. The Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in charge of preparation of the case to hearing shall act on behalf of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika. The requirements of the Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be obligatory for execution.

16. Substitution of the Judge-Speaker of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

1. In case by virtue of the usual circumstances (illness, business trip, etc.) the Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika for a long time shall not execute his duties he shall transfer application to the Chairman of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika for admittance of another Judge-Speaker. The Chairman of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall solve the question on the substitution of the Judge-Speaker.

2. In case of discharge of the Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika from participation in consideration of the case, stay or termination of his powers, another Judge-Speaker shall be appointed.

17. Requirements of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

1. Under the preparation of the case to hearing the requirements of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika stipulated by the Article 56 and by the Article 57 of the Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika" shall be transferred by the Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika with his personal signature. The term for the answer on the results for consideration shall be specified in the requirements.

2. Under the preparation of the case to hearing the side shall have the right to address the Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika with the petititon to transfer the requirement.

3. Under the hearing of the case with the petition to transfer the requirement the sidea shall address the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika. The requirement shall be signed by the presiding in Session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

18. The Order on Examination

1. In case the order on examination shall be given under the preparation of the case to hearing, the Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall determine the questions on which the experts shall give their conclusion and the terms of examination.
2. The conclusion of the expert shall contain:
  • the information about the person making the examination with the indication of his speciality, scientific degree and rank;
  • the name of the case under examination;
  • precise answers to the questions to be answered by the expert in the requirements of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika;
  • the certified signature of the expert beneath the text of the examination;
  • the date and the place of examination.
  • 3. In case the examination was entrusted to a commission of experts the coordinated examination shall be signed by the total number of experts. In case of disputable opinions on the examination the expert who has a special opinion shall draw his personal independent examination.

    19. Participation of the Experts

    1. In the cases stipulated by the Article 56 and Article 57 of the Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika" the Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall have the right to involve for consultations, verifications, research of separate documents of the expert (experts) not interested in the issue of a suit.
    2. The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall certify the identity of the expert, the presiding in Session shall explain to the expert his rights and duties and shall warn him of the responsibility for unfair execution of the duties signed to him. Under specific circumstances the task (questions) for which performance the expert has been involved shall be given in writing.

    20. The Proposal of the Constitutional Court of the Pridnestrovskaia Moldavskaia
    Respublika on Stay of Action of the Disputable Enactment or the Processing
    of Coming into Force of the Disputable International Treaty

    The proposal of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika to suspend the disputable enactment or processing of coming into force of the disputable international treaty before the end of the consideration of the case by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be made out by the motivated definition.

    21. Dispatch of the Documents on the Case under Preparation to Hearing

    1. After admittance by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika of the petition for consideration the Secretariat of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall transfer to the sides the definition of the Constituional Court of the Pridnestrovskaia Moldavskaia Respublika about the resolution. The side which is not the applicant shall be sent the copies of the petitions and the documents applied to it alongside with the definition of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
    The state bodies and the officials who are not the participants of the processing shall be notified on the inquiry about interpretation of the Constituion of the Pridnestrovskaia Moldavskaia Respublika.

    2. After the end of the preparation of the case to hearing all the documents shall be transferred by the Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika to the Judge-Secretary of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika for their registration by the Secretariat of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and their dispatch to the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

    3. Any of the sides shall have the right to become familiar with the documents received in addition under the preparation of the case to hearing at the Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

    22. Registration of the Documents of a Case

    1. The original and the copies of the petition and all the documents applied to it:
  • objections to the petitions;
  • the copies of requirements and inquiries transferred to the Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika;
  • answers to requirements and inquiries;
  • opinions of the experts;
  • other documents received in addition under the preparation of the case to hearing shall be transferred to the Judge-Secretary of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika for their registration by the Secretariat of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika of one action of proceeding for the Judge-Speaker and five actions of proceeding in copies for the Judges.

  • 23. On the Project of the Decision of the Constitutional Court
    of the Pridnestrovskaia Moldavskaia Respublika

    The Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall make the project of the decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and taking into consideration the case and its complexity he shall make the list of the questions in his opinion to be under discussion and the sanction in Session of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika at making the final decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika. The Judge-Speaker of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall have the right to propose the motivated answers to these questions.

    24. Admittance of a Case to Hearing

    1. After the end of the preparation of a case to hearing and the transfer of all the documents to the Judge-Secretary of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika the latter shall inform the Chairman of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on the necessity to include in the agenda of the following session a question on the admittance of a case to hearing.

    2. Appointing the cases to hearing and determining the sequence of their hearing the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall proceed from the sequence of receipt of the petitions. In cases of emergency the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall have the right to change the sequence of a case for consideration.

    3. The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall have the right to postpone the consideration of a case when on the question interconnected to it consideration in court of the general jurisdiction or arbitration court or other state body which competence includes an establishment of the actual circumstances important for the correct sanction of a case shall be begun.

    25. Determination of the Time of the Beginning of Hearing of a Case

    The date and the time of the beginning of hearing of a case shall be appointed by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in Session.

    26. Notification on the Session of the Constitutional Court of the Pridnestrovskaia
    Moldavskaia Respublika and Dispatch of the Documents

    1. The notification on the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, the copies of the petitions and the responses to them, the copies of the verificated enactments and other documents if necessary shall be transferred to the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and the participants of the process in no event later than ten days prior to the beginning of the session. Thus the responses on the petitions shall be transferred in the specified term in the event that they have arrived not later than two weeks prior to the beginning of the session.

    2. The notifications on the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on consideration of the case on the interpretation of the Constitution of the Pridnestrovskaia Moldavskaia Respublika shall be transferred to other state bodies or officials alongside with the participants of the process. The representatives of these state bodies and officials shall be heard in the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

    27. Notification on the Petitions Admitted for Consideration and Cases
    Appointed to Hearing

    1. The register of the petitions admitted for consideration by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and the cases appointed to hearing not less often than once per month shall be dispatched by the Secretariat of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika to the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika. To maintain the publicity of the activity of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika the register shall be accessible to the representatives of state and public organizations, mass media, officials and citizens, that is, shall be located in places accessible for getting information in the building occupied by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

    2. The Press-Secretary of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall inform the representatives of mass-media on appointing of cases to hearing and about the date and the time of the beginning of their hearing.



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