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In detail...

IN THE NAME OF THE PRIDNESTROVSKAIA MOLDAVSKAIA RESPUBLIKA

R E S O L U T I O N

On the case about the verification of constitutionality of separate regulations of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika of sub-item 1) Part One Article 455, Part One Article 147, Part Two Article 468 in interrelation with sub-item 2) Part One Article 325 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika on the complaints of the citizens Frunza Anatoliy Georgievich, Siloch Alexander Ivanovich, Ushatov Vladimir Vasilievich, Terzijskiy Mikhail Mikhailovich and Iliev Igor Georgievich.

April 25th, 2006the City of Tiraspol

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika comprising: the presiding Chairman of the Constitutional court Grigoriev V.A., Judges – Garaga V.I., Kabaloev O.K., Karamanutsa V.I., Lyakhova M.I., Malskaya L.G., in the presence of the petitioner Frunza A.G. and his representatives Shcherbatyi V.S., Kozlenkov D.S., the petitioner Ushatov V.V. and his representative Kozlenkov D.S., representatives of the petitioners Siloch A.I., Terzijskiy M.M., Iliev I.G. citizens Shcherbatyi V.S., Kozlenkov D.S., Dobrioglo E.G., Ivanchenko R.D., plenipotentiary of the Supreme Council of the Pridnestrovskaia Moldavskaia Respublika in the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika – Head of department of legal support of bills of the Staff of the Supreme Council of the Pridnestrovskaia Moldavskaia Respublika Melnik Ě.B., the representative of the Supreme Council of the Pridnestrovskaia Moldavskaia Respublika in the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika – Deputy Chairman of the Committee of the Supreme Council of the Pridnestrovskaia Moldavskaia Respublika on legislation, rights and freedoms of the citizens Rybyak L.M., being guided by Article 87 (item 3) of the Constitution of the Pridnestrovskaia Moldavskaia Respublika, article 9 (item c) Part One), Article 27 (item c) Part One), Articles 102, 103 of the Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika "About the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika", considered in the open session the case about the verification of constitutionality of sub-item 1) Part One Article 455, Part One Article 147, Part Two Article 468 in interrelation with sub-item 2) Part One Article 325 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika with changes and additions made by Laws of the Pridnestrovskaia Moldavskaia Respublika from November 6th, 2001 No. 61-ÇČÄ-III, from July 10th, 2002 No. 152-ÇČÄ-III, from February 11th, 2003 No. 237-ÇČÄ-III, from July 15th, 2003 No. 309-ÇÄ-III, from December 9th, 2003 No. 372-ÇČ-III, from January 12th, 2004 No. 387-ÇČÄ-III, from November 5th, 2004 No. 490-ÇČÄ-III, from March 1st, 2005 No. 542-ÇČ-III, from June 17th, 2005 No. 578-ÇČÄ-III, from July 21st, 2005 No. 598-ÇČÄ-III.

The ground for consideration have become the complaints of the citizens on the infringement of their constitutional right to property as a result of application of the specified norms. The ground for consideration of the case has become the uncertainty in the question on conformity of the disputed norms to the Constitution of the Pridnestrovskaia Moldavskaia Respublika.

Having heard the report of Judge-Speaker Laykhov M.I., the explanations of the parts and their representatives, having examined the documents and other materials submitted, the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika

established:

1. The citizens Frunza A.G., Siloch A.I., Ushatov V.V., Terzijskiy M.M. and Iliev I.G.. have applied to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in accordance with item 3 Article 87 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika, and also item c) Part One Article 9, Part 1 Article 102 of the Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika "About the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika", giving the citizens the right to apply to Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika with the complaints on the infringement of their constitutional rights and freedoms of a person and a citizen.

According to the petition of the citizen Frunza Ŕ.G, on January 18th, 2005 the employees of the State Customs Committee of the Pridnestrovskaia Moldavskaia Respublika made on him the report about infringement of the customs rules No. 008700, with the further case about infringement of the customs rules No. 10-110/05 on results of consideration of which and in accordance with the requirements of Article 455 of Customs Code of the Pridnestrovskaia Moldavskaia Respublika on March 16th, 2005 head of the Tiraspol of Customs of the State Customs Committee of the Pridnestrovskaia Moldavskaia Respublika made the resolution about imposing on him of the administrative penalty as the fine at the rate of 64384,15 roubles. In the opinion of the petitioner, the norm of sub-item 1) Part One Article 455 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika, giving the right to the customs organs and their officials at consideration of the case about infringement of the customs rules to make resolutions about imposing collecting without court decision, shall infringe his constitutional right to property.

The petitioner considers, that the powers of the officials of the customs organs on making resolutions on imposing collecting of the results on consideration of the case about infringement of the customs rules, stipulated by sub-item 1) Part One Article 455 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika, shall contradict the Constitution of the Pridnestrovskaia Moldavskaia Respublika, namely Part Three Article 37 providing, that no one can be deprived of his property, otherwise on court decision, items 1 and 2 Article 80 stipulating, that justice in the Pridnestrovskaia Moldavskaia Respublika shall be realized solely in court; and the judicial power shall be realized by courts by means of constitutional, civil, administrative, criminal and arbitration legal proceedings.

According to the petition of the citizen Siloch A.I., on April 6th, 2005 Head of the Bendery Customs of the State Customs Committee of the Pridnestrovskaia Moldavskaia Respublika considered the report about infringement of the customs rules No. 007298 from March 22nd, 2005, made by the official of the Bendery Customs. In accordance with the powers given stipulated by the requirements of sub-item 1) Part One Article 455 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika, made the Resolution about imposing on the society with limited liability "Manufacturing scientific trading firn "Smena" the administrative penalty at the rate of 7127 roubles on the ground of the Article 362 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika.

The citizen Siloch A.I. as the physical person, engaged in entrepreneur activity, is the unique founder of the society with limited liability " Manufacturing scientific trading firm "Smena", sharing 100 % of the charter capital, of pure actives of the enterprise and considers, that the decision made by the official of customs organ on deprivation of a part of property infringes his rights as a proprietor.

According to the petitions of the citizens Ushatov V.V. and Terzijskiy M.M., they are the founders of the joint society with limited liability of "Ŕě-group" and possess the property as the charter capital of this society. Deputy Head of the Tiraspol Customs, being guided by Article 455 of the Customs Code, by Resolutions from April 16th and May 21st, 2004, has imposed on the joint society with limited liability of "Ŕě-group" the administrative penalty for the infringements of the customs rules stipulated by Article 364 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika. The judicial instances have admitted the decisions of the customs organ about imposing penalties on "Ŕě-group" grounded. The Arbitration Court of the Pridnestrovskaia Moldavskaia Respublika has left without change the resolution of the deputy head of the Tiraspol Customs from April 16th, 2004 on the imposing the penalty on "Ŕě-group" at the rate of 7315,15 roubles, and the cassation instance of the Arbitration Court of the Pridnestrovskaia Moldavskaia Respublika has left without change the resolution of the deputy head of the Tiraspol Customs from April 16th, 2004 on the imposing the penalty on "Ŕě-group" at the rate of 4582,44 roubles.

In the opinion of the petitioners, the imposing penalties on the joint society with limited liability of "Ŕě-group" on the ground of sub-item 1) Part One Article 455 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika without court decision shall infringe their rights as proprietors as in accordance with Part Three Article 37 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika no one can be deprived of his property, otherwise on court decisions. Besides the petitioners assert that the disputed norm does not correspond to items 1 and 2 Article 80 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika according to which justice in the Pridnestrovskaia Moldavskaia Respublika shall be realised solely in court. Solely the court shall have the right to consider cases about administrative offences as the fact of an offence and the degree of fault of the offender shall be subjected to consideration in the order of realisation of justice.

According to the petition of the citizen Iliev I.G., during the verification of the financial and economic activity of the society with limited liability "Terratechnologia" the customs organs have revealed infringements of the customs rules. On August 27th, 2004 there have been made reports about infringement of customs rules and administrative cases No. 19-100/04, No. 19-99/04, No. 19-98/04, No. 19-97/04 have been started. On the ground of the Resolution from August 30th, 2004 the specified cases have been joint in one proceeding under No. 19-100/04. Having considered the materials of the given case, on August 31st, 2004 Deputy head of department on struggle against smuggling and infringement of customs rules of the State Customs Committee of the Pridnestrovskaia Moldavskaia Respublika, being guided by Article 455 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika, has made the resolution about imposing the penalty for the infringement of the customs rules according to which the society with limited liability "Terratechnologia" has been imposed with the administrative penalty at a rate of 158206 roubles. On September 8th, 2004 the specified resolution has been cancelled by the Deputy Chairman of the State Customs Committee of the Pridnestrovskaia Moldavskaia Respublika. On the results of the additional proceeding on September 28th, 2005 there have been made the resolution about imposing administrative penalty at the rate of 7563080,12.

On November 12th, 2004 the society with limited liability "Terratechnologia" applied to the Arbitration Court of the Pridnestrovskaia Moldavskaia Respublika with the complaint on the Resolution of the customs organ from September 28th, 2004. By the decision of the Arbitration Court from December 15th, 2004 on the case No.1472/04-09 the complaint of the society with limited liability "Terratechnologia" has been satisfied, and the decision about imposing penalty for infringement of the customs rules has been cancelled. By the resolution in cassation instance of the Arbitration Court of the Pridnestrovskaia Moldavskaia Respublika from January 21st, 2005 about verification of legality and validity of the decision which has not come into force from December 15th, 2004 the cassation complaint of the State Customs Committee has been satisfied, the complaint of the society with limited liability "Terratechnologia" on the resolution of the State Customs Committee from September 28th, 2004 has been left without satisfaction.

On January 26th, 2005 the society with limited liability "Terratechnologia" received the letter the Bendery branch of Joint-stock commercial bank "Gazprombank" which read that on January 26th at 9.00 a.m. they received the collection order No. 9 from 24/01-2005 for the sum of 7404280,12 roubles, exposed by the State Customs Committee of the Pridnestrovskaia Moldavskaia Respublika on write-off of the penalty on the resolution No. 19-100/04 from September 28th, 2004 (payment raised in indisputable order on the ground of Articles 147, 468 of the Customs Codes of the Pridnestrovskaia Moldavskaia Respublika).

On February 7th, 2005 the judicial executor of the Bendery Department of Execution of judgements of state service of execution of punishments and judgements of the Ministry of Justice of the Pridnestrovskaia Moldavskaia Respublika on the resolution of the State Customs Committee from September 28th, 2004 on the ground of item 15 "Time regulation on imposing collectings on property of organizations " relating with the society with limited liability "Terratechnologia" there have been made the resolution about excitation of executive proceedings.

The citizen Iliev I.G. is the co-founder of the society with limited liability "Terratechnologia" considers that as a result of application by the customs organs and the bank of sub-item 1) Part One Article 455, Part One Article 147, Part Two Article 468 in interrelation with sub-item 2) Part One Article 325 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika there have been infringed his constitutional rights stipulated by Parts Two, Three Article 37 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika, providing, that the proprietor at his own discretion shall own, use and charge the property and no one can deprive the property, otherwise on court decision. The disputed norms allocate the customs organs not only with the right to make resolutions according to which the enterprises can be deprived of his property, but with the right to undertake measures for indisputable, actual deprivation of them of the property. The petitioner considers, that write-off of monetary means from the account of the enterprise shall be possible exclusively on the ground of the instructions of the enterprises or court decisions.

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in accordance with Article 55 of the Constitutional Law "About the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika" for the purpose of maintenance of all round complete and objectiveness of the research of all circumstances of the case has joint in one proceeding the cases on petitions of the citizens Frunza Ŕ.G., Siloch A.I., Ushatov V.V., Terzijskiy M.M. and Iliev I.G., as having the general subjets at considerations regarding verification of constitutionality of subitem 1) Part One Article 455 in interrelation with subitem 2) Part One Article 325 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika.

Thus, the petitioners apply for consideration of the question about constitutionality of Part One Article 147, sub-item 1) Part One Article 455, Part Two Article 468 in interrelation with sub-item 2) Part One Article 325 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika and to recognize the specified norms not corresponding to the Constitution of the Pridnestrovskaia Moldavskaia Respublika.

2. The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, considering the given question, grounds on the fact that that the Constitution of the Pridnestrovskaia Moldavskaia Respublika shall have the supreme legal force and direct action (Article 2). In the Pridnestrovskaia Moldavskaia Respublika state, private and other patterns of ownership shall be admitted. All patterns of ownership at equal degree shall be protected by the state (Article 4 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika). A person, his rights and freedoms shall be the supreme value of the society and the state. Protection of rights and freedoms of a person and a citizen shall be the duty of the state (Part One Articles 16 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika). Restriction of rights and freedoms of a person and a citizen shall be admitted in the cases stipulated by the law, in the interests of the state security, public order, protection of morality, health care of the population, rights and freedoms of other persons (Part One Article 18 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika). The state shall guarantee each person the right to property (Part One Article 37 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika). The proprietor at his own discretion shall own, use and charge his property ( Part Two Article 37 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika). No one can be deprived of his property, otherwise on court decision (Part Three Article 37 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika). The judicial power shall be realized by courts by means of constitutional, civil, administrative, criminal and arbitration legal proceedings (Part One item 2 Article 80 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika). Justice shall be realized on the basis of competitiveness and equality of the parts of the process (item 2 Article 85 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika).

3. Part One Article 147 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika stipulates, that customs payments shall be raised by the customs organs of the Pridnestrovskaia Moldavskaia Respublika in the indisputable order irrespective of time of detection of the fact of non-payment, except for collection of payments from physical persons moving the goods through the customs border of the Pridnestrovskaia Moldavskaia Respublika not for commercial purposes on whom collecting is made in the judicial order. The given norm stipulates indisputable order of collection by the customs organs of the customs payments. However, in accordance with Article 133 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika containing the exhaustive list of customs payments penalties are not customs payments. As the subject of the given case is the powers of the customs organs on imposing penalties and the subsequent indisputable order of their collecting, the Constitutional Court in accordance with Articles 50, 75, 102 and 103 of the Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika "About the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika" terminates the proceedings of the case regarding consideration of constitutionality of Part One Article 147 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika as beyond the subject of consideration of the given case and not corresponding to the criterion of admissibility.

4. In accordance with sub-item 1) Part One Article 455 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika the officials of customs organs, having considered the case about infringement of customs rules, are allocated with the powers on removal of resolutions about imposing penalties. Sub-item 2) Part One Article 325 455 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika establishes the penalty as one of the kinds of penalties imposed for committing of infringements of the customs rules. As concerning the petitioners there have been made the resolutions about imposing penalties, the Constitutional Court verifies constitutionality of sub-item 1) Part One Article 455 in interrelation with sub-item 2) Parts One Article 325 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika.

In accordance with Part Two Article 468 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika "The State Customs Committee of the Pridnestrovskaia Moldavskaia Respublika which has mede the resolution about imposing of collecting for infringement of the customs rules, shall pay to execution by means of sending to financial organ, banks or other credit establishments of the notice about pay to execution or through judicial executor if in other way it is not obviously possible to execute the decision about imposing penalties".

Thus, regulations contained in sub-item 1) Part One Article 455 and Part Two Article 468 in interrelation with sub-item 2) Part One Article 325 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika, allocate the customs organs of the Pridnestrovskaia Moldavskaia Respublika and their officials with the right independently, without court decision to apply sanctions as imposing penalties and to impose them under compulsion, which leads to deprivation of the property both citizens, and managing subjects. Imposing a penalty and the subsequent indisputable order of its collecting (write-off) means the termination of the right to property.

At the same time, Part Three Article 37 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika directly specifies, that no one can be deprived of his property, otherwise on court decision. Solely the proprietor at own discretion shall have the right to charge his property (Part Two Article 37 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika). The right to property in accordance with the norms of the civil legislation shall be legally provided opportunity of the proprietor at his own discretion to own, use and charge his property (Article 225 of the Civil Code of the Pridnestrovskaia Moldavskaia Respublika). In accordance with Article 139 of the Civil Code of the Pridnestrovskaia Moldavskaia Respublika the property alongside with the things shall be monetary means.

The Customs Code of the Pridnestrovskaia Moldavskaia Respublika and the Code about administrative offences of the Pridnestrovskaia Moldavskaia Respublika ground on the fact that a fine is the monetary penalty imposed for the administrative offence. Imposing of a penalty is a punishment for the committed offence, that is for the stipulated by the law illegal guilty act deliberately or on imprudence, and has retaliatory character. At proceedings on the case about the customs offence are subjected to prove both the fact of committing the offence, and the degree of fault of the offender. In accordance with the legal position of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika stated in the Resolution from June 28th, 2005 No. 04-Ď/05 on the case about verification of constitutionality of sub-item 4) Part Two Article 210 of the Code of the Pridnestrovskaia Moldavskaia Respublika about administrative offences on the complaint of the citizen Khtema Aleksandr Vasilievich, such circumstances can be established only by independent competent state organs that is by courts allocated in accordance with the Constitution with the powers on realization of justice in the Pridnestrovskaia Moldavskaia Respublika with observance of specially stipulated procedure.

The normative legal regulations concerning imposing and collecting penalties as a kind of punishments for committing administrative offences, have already been the subject of consideration of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika. In accordance with the legal position stated by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in Resolution from April 6th, 2004 No. 3-Ď/04 about the verification of constitutionality of the Order of the President of the Pridnestrovskaia Moldavskaia Respublika from September 14th, 1996 No. 354 "About maintenance of collection of monetary proceeds" with changes and additions made by the Orders of the President of the Pridnestrovskaia Moldavskaia Respublika from November 26th, 1999 No. 415, from February 4th, 2000 No. 32, from April 6th, 2000 No. 102, from March 20th, 2003 No. 128, on the complaint of the citizen Davydov Artem Aleksandrovich, shall be inadmissible without decision of the judicial organs to impose penalties on enterprises, establishments and organizations as it shall lead to deprivation of the managing subject of a part of monetary means that is a part of his property. The given legal position that the penalty as the sanction for the offence can be applied solely by the court, has been confirmed by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and distributed on the citizens in Resolution from June 28th, 2005 No. 04-Ď/05 on the case about verification of constitutionality of subitem 4) Part Two Article 210 of the Code of the Pridnestrovskaia Moldavskaia Respublika about administrative offences on the complaint of the citizen Khtema Aleksandr Vasilievich.

Hence, the Constitutional Court comes to the conclusion, that from the regulation of Article 37 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika about the judicial guarantees of the right to property follows inadmissibility of collecting penalties on decision of an administrative organ in the simplified procedure not providing consideration of the case in court, that is inadmissibility of deprivation of a person of his property without court decision. The Instruction of Article 37 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika about an opportunity of deprivation of the property otherwise on court decision shall be compulsory in all the cases concerning application of the sanction as a penalty.

A penalty as a measure of administrative responsibility can be appointed solely by the decision of the court on the case about administrative offences. Solely legal procedure allows as a maximum degree to guarantee the maintenance of the fundamental rights of citizens and legal persons to provide at consideration of the case competitiveness and equality of the parts, all round research of the materials of the case establishing the structure of the offence and appointment of just and proportional weight collecting. The final decision of the question on deprivation of a person of his property can be only on court decision.

Being guided by the legal position of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika stated in Resolution from June 28th, 2005 No. 04-Ď/05 on the case about verification of constitutionality of sub-item 4) Part Two Article 210 of the Code of the Pridnestrovskaia Moldavskaia Respublika about administrative offences on the complaint of the citizen Khtema Aleksandr Vasilievich the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika considers that imposing of administrative penalties as the penalty of the customs organs of the Pridnestrovskaia Moldavskaia Respublika can be possible solely in case of recognition by the offender of his fault and his consent to pay the penalty voluntary in the established order.

Thus, the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika comes to the conclusion, that the regulations contained in sub-item 1) Part One Article 455 and Part Two Article 468 in interrelation with sub-item 2) Part One Article 325 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika as allocating the customs organs with the powers to impose penalty and to acceptance of measures to their subsequent indisputable collecting which is connected with deprivation of proprietors of property on the ground of the decisions made in extrajudicial procedure, and shall infringe rights of the petitioners and shall contradict the constitutional norms.

Being guided by Article 2 and item 1 Article 88 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika, Article 12, item c) Part One Article 27, article 75, Parts One, Two, Four and Five Article 78, Articles 79, 80, 84, 85, 106 of the Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika "About the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika ", the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika

established:

1. To terminate the proceeding on the case regarding consideration of constitutionality of Part One Article 147 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika.

2. To admit not corresponding to the Constitution of the Pridnestrovskaia Moldavskaia Respublika, its Article 37 (Part Three) regulations contained in sub-item 1) Part One Article 455, Part Two Article 468 of the Customs Code of the Pridnestrovskaia Moldavskaia Respublika in interrelation with sub-item 2) Part One Article 325 giving the right to the customs organs of the Pridnestrovskaia Moldavskaia Respublika and their officials to impose at consideration of the case about infringement of the customs rules as an administrative punishment of collecting a penalty and to take measures to their subsequent indisputable collecting.

3. The cases of the petitioners Frunza A.G., Siloch A.I., Ushatov V.V., Terziyskiy Ě.Ě. and Iliev I.G. on the facts of infringement of the customs rules shall be subjected to revision on the account of the given Resolution.

4. The given Resolution of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be final, shall not be subjected to appeal and shall come into force in no event after its declaration.

5. The given Resolution of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be published in “The Collection of Legislative Enactments of the Pridnestrovskaia Moldavskaia Respublika”, in the newspaper “Pridnestrovie” and “The Bulletin of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika”.

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika

ą 07 – Ď / 06




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