Law fundamentals/CONSTITUTIONAL LAW

CHAPTER 12. CONSIDERATION OF CASES ON DISPUTES
ABOUT COMPETENCE


Article 98. Right to Petition the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

The right to petition the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika with an application to settle a dispute about competence shall be vested in any organ of State Government party to the dispute, listed in Paragraph 4 Article 87 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika.

Article 99. Admissibility of Application

The application of the organ (organs) of State Government shall be admissible if:
a) the disputed competence is defined by the Constitution of the Pridnestrovskaia Moldavskaia Respublika;
b) the dispute does not concern the question of the proper jurisdiction of courts over a case or the justiciability;
c) the petitioner considers the issuance of an act or the performance of an action of legal nature or the evasion from the issuance of an act or the performance of the forementioned action to be a violation of the delineation of competence between the organs of State Government provided for by the Constitution of the Pridnestrovskaia Moldavskaia Respublika;
d) the petitioner has previously applied in writing to the organs of State Government listed in Paragraph 4 Article 87 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika either on their violation of the competence of the petitioner as defined by the Constitution of the Pridnestrovskaia Moldavskaia Respublika or on the evasion of these organs from a duty within their competence;
e) the violations listed in the application in writing, as specified in Paragraph d) of the present Article, have not been removed within a month of the receipt of the application.

Article 100. Limits of Verification

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall consider the disputes about competence exclusively from the perspective of the separation of state power into the legislative,executive and judicial and delineation of jurisdiction between the republican organs of State Government as provided for by the Constitution of the Pridnestrovskaia Moldavskaia Respublika, as well as from perspective of the delineation of jurisdiction and powers between organs of State Government of the Pridnestrovskaia Moldavskaia Respublika and organs of State Government of Constituent entities and organs of local self-government of the Pridnestrovskaia Moldavskaia Respublika as provided for by the Constitution of the Pridnestrovskaia Moldavskaia Respublika.
The consideration of the case on the conformity of the enactment, being subject of the dispute about competence, with the Constitution of the Pridnestrovskaia Moldavskaia Respublika as to the substance of the norm, its form, the procedure for its signing, adoption, promulgation, entry into effect shall be possible only on the basis of an individual inquiry and in accordance with the procedure for the consideration of cases on the constitutionality of the enactments.

Article 101. Final Decision on Case

Based on the outcome of the consideration of the dispute about competence the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall pass one of the following decisions:
a) confirming the authority of the respective organ of State Government to issue the act or to perform the action of the legal nature that caused the dispute about competence;
b) denying the authority of the respective organ of State Government to issue the act or to perform the action of the legal nature that caused the dispute about competence.
If the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika acknowledges the issuance of the act as not being within the competence of the issuing body of the state power, the act shall be null and void as of the date stipulated in the judgement.



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