Law fundamentals/CONSTITUTIONAL LAW

CHAPTER 16. CONSIDERATION OF CASES ON DELIVERY OF ADVISORY
OPINION ON OBSERVANCE OF PRESCRIBED PROCEDURE FOR CHARGING
THE OFFICIALS OF SUPREME ORGANS OF GOVERNMENT
OF THE PRIDNESTROVSKAIA MOLDAVSKAIA RESPUBLIKA
WITH HIGH TREASON OR WITH COMMISSION OF OTHER GRAVE OFFENCE


Article 113. Petition to the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

The petition with the inquiry for an advisory opinion on the observance of a prescribed procedure for charging the officials of supreme organs of government of the Pridnestrovskaia Moldavskaia Respublika with high treason or with commission of other grave offence shall be transmitted to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika by the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika.

Article 114. Admissibility of the Inquiry

The inquiry to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika for an advisory opinion on the observance of a prescribed procedure for charging the officials of supreme organs of government of the Pridnestrovskaia Moldavskaia Respublika with high treason or with commision of other grave offence shall be admissible provided the charge is brought by the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika and there is the finding of the Supreme Court of the Pridnestrovskaia Moldavskaia Respublika on the presence in the actions of the elements of the respective offence.

Article 115. Procedure for transmitting Inquiry and for the delivery of Advisory Opinion

The inquiry for an advisory opinion on the observance of a prescribed procedure for charging the officials of supreme organs of government of the Pridnestrovskaia Moldavskaia Respublika with high treason or with commission of other grave offence shall be transmitted to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in no event later than one month after the adoption by the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika of the decision to bring the charge. Enclosed with the inquiry shall be the text of the decision of the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika to bring the charge, the records or verbatim records of the discussion of the question at the session of the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika and texts of all documents pertaining to the discussion, as well as the text of the finding of the Supreme Court of the Pridnestrovskaia Moldavskaia Respublika.
The advisory opinion shall be delivered by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in no event later than ten days after registration of the inquiry.

Article 116. Advisory Opinion on Observance of prescribed Procedure for charging
the officials of supreme organs of government of the Pridnestrovskaia Moldavskaia
Respublika with high treason or with commission of other grave offence

Based on the outcome of the consideration of a case the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall deliver one of the following advisory opinions:
a) that the prescribed procedure for charging has been observed;
b) that the prescribed procedure for charging has not been observed
If the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika passes the decision on the non-observance of a prescribed procedure for charging the officials of supreme organs of government of the Pridnestrovskaia Moldavskaia Respublika with high treason or with commission of other grave offence, the consideration of the charge shall be dismissed.



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