Law fundamentals/CONSTITUTIONAL LAW

CHAPTER 13. CONSIDERATION OF CASES ON CONSTITUTIONALITY OF
LAWS AT COMPLAINTS ON VIOLATION OF THE CONSTITUTIONAL
RIGHTS AND FREEDOMS OF CITIZENS


Article 102. Right to Petition the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

The right to petition the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika with the individual or collective complaint on the violation of the constitutional rights and freedoms of a person and a citizen shall be vested in the citizens, whose rights and freedoms have been violated by the law, the statutory enactment that has been applied or ought to be applied in a specific case, and in the associations of citizens, as well as in other bodies and persons.
Enclosed with the complaint, apart from the documents listed in Article 43 of the present Constitutional Law shall be the copy of the official document confirming the application or the possibility of the application of the appealed law, the statutory enactment in the decision of the specific case. The official or the body that considered the case shall produce the copy of the fore mentioned document to the petitioner at his request.

Article 103. Admissibility of Complaint

A complaint on the violation by the law of the constitutional rights and freedoms shall be admissed if:
a) the law infringes on the constitutional rights and freedoms of citizens;
b) the law has been applied or ought to be applied in the specific case, the consideration of which has been completed or initiated in the court or in other body, applying that law.

Article 104. Consequences of Complaint being taken up for Consideration

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika having taken up the complaint on the violation by the law of the constitutional rights and freedoms of citizens for the consideration shall notify about that the court or other body which considers the case in which the appealed law has been applied or ought to be applied. Such notification does not entail the suspension of the proceedings on the case.
The court or other body which considers the case in which the appealed law has been applied or ought to be applied may suspend the proceedings pending the passing of the judgement of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

Article 105. Limits of Verification

The limits of verification by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika of the conformity with the Constitution of the Pridnestrovskaia Moldavskaia Respublika of the law, indicated in the complaint on the violation of the constitutional rights of rights and freedoms of citizens shall be established by Article 92 of the Present Constitutional Law.

Article 106. Final Decision on Case

Based on the outcome of the consideration of the complaint on the violation by the law of the constitutional rights and freedoms of citizens the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall pass one of the following decisions:
a) on acknowledgement of the conformity of the law, or individual provisions thereof with the Constitution of the Pridnestrovskaia Moldavskaia Respublika;
b) on acknowledgement of the non-conformity of the law, or individual provisions thereof with the Constitution of the Pridnestrovskaia Moldavskaia Respublika.
If the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika acknowledges the non-conformity of the law applied in the specific case with the Constitution of the Pridnestrovskaia Moldavskaia Respublika , the case shall in any event be subject to review by the competent body in accordance with the regular procedure.
If the law or its individual provisions have been acknowledged as not being in conformity with the Constitution of the Pridnestrovskaia Moldavskaia Respublika, the costs borne by citizens and their associations shall be reimbursed in accordance with the prescribed procedure.



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