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Law fundamentals/CONSTITUTIONAL LAW

CONSTITUTIONAL LAW
OF THE PRIDNESTROVSKAIA MOLDAVSKAIA RESPUBLIKA

ON THE CONSTITUTIONAL COURT
OF THE PRIDNESTROVSKAIA MOLDAVSKAIA RESPUBLIKA



Adopted by the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika, 30 October 2002

SECTION I.
ORGANIZATION OF THE CONSTITUTIONAL COURT
OF THE PRIDNESTROVSKAIA MOLDAVSKAIA RESPUBLIKA
AND STATUTE 0F JUDGES


CHAPTER I. GENERAL PROVISIONS


Article 1. The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika -
Judicial Body of the Constitutional Review



The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be the judicial body of constitutional review, autonomously and independently exercising judicial authority by means of constitutional judicial proceedings.

Article 2. The object of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika


The main object of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be to ensure the supremacy and direct action of the Constitution of the Pridnestrovskaia Moldavskaia Respublika as the main state law on the entire territory of the Pridnestrovskaia Moldavskaia Respublika.

Article 3. Legislation on the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika


The powers, procedures for the formation and activity of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be determined by the Constitution of the Pridnestrovskaia Moldavskaia Respublika and by the present Constitutional Law.

Article 4. Fundamental Principles of Activity of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika


The fundamental principles of activity of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be supremacy of law, independence, collegiality, publicity, adversarial nature of proceedings and equality of parties.

Article 5. Composition of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall comprise six Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika. Two Judges of the Constitutional Court shall be appointed by the President of the Pridnestrovskaia Moldavskaia Respublika, two Judges shall be appointed by the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika and two Judges shall be appointed by the Congress of Judges of the Pridnestrovskaia Moldavskaia Respublika.

Article 6. Procedure for Appointing a Judge of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika by the President
of the Pridnestrovskaia Moldavskaia Respublika

The person shall be considered as appointed for office of Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika after the receipt of the submission of the President of the Pridnestrovskaia Moldavskaia Respublika.
In the event of a Judge's quitting the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, a submission to appoint another person to fill the vacancy of a Judge shall be made by the President of the Pridnestrovskaia Moldavskaia Respublika in no event later than one month after the occurance of the vacancy.

Article 7. Procedure for Appointing a Judge of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika by the Supreme Soviet
of the Pridnestrovskaia Moldavskaia Respublika

Proposals on candidates for offices of Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be introduced to the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika by the Presidium of the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika, committees (committees of experts), deputy groups, deputies of the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika.
Proposals on candidates for offices of Judges of the Constitutional Court of the đridnestrovskaia Moldavskaia Respublika may be introduced to the Supreme Soviet of the đridnestrovskaia Moldavskaia Respublika by the correspondent committee of the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika.
The persons who obtain a majority of votes of the total number of deputies but more than a half votes of the deputies of the constitutional composition of the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika shall be considered as appointed. If a few candidates obtain the same number of votes and after their appointment the number of Judges is excessed the repeated voting shall be considered as taken place.
The Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika shall consider the question of the appointment of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika after the receipt of the submission of the Chairman of the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika.
In the event of a Judge's quitting appointed by the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika, a submission to appoint another person to fill the vacancy of a Judge shall be made by the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika in no event later than one month after the occurence of the vacancy.

Article 8. Procedure for Appointing a Judge of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika by the Congress of Judges
of the Pridnestrovskaia Moldavskaia Respublika

The Congress of Judges of the Pridnestrovskaia Moldavskaia Respublika on proposals of the deputies of the Congress by open votes of the majority of votes of the total number of deputies shall appoint the candidates for offices of Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
The person who obtains a majority of votes of the total number of deputies of the Congress of Judges of the Pridnestrovskaia Moldavskaia Respublika shall be considered as appointed.
The candidate who obtains a majority of the total number of deputies shall be considered as appointed. The candidates who obtain the equal number of votes and considered as appointed for offices of Judges but comprise an extra number shall be appointed for offices of Judges by re-election.
The candidate who obtains a majority of the total number of deputies shall be considered as appointed. The candidates who obtain the equal number of votes and considered as appointed for offices of Judges but comprise an extra number shall be appointed for offices of Judges by re-election.
In the event of a Judge's quitting a submission to appoint another person to fill the vacancy of a Judge shall be made by the Congress of Judges of the Pridnestrovskaia Moldavskaia Respublika in no event later than one month after the occurence of the vacancy.



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