Law fundamentals/CONSTITUTIONAL LAW

CHAPTER 3. STATUS OF JUDGES OF THE CONSTITUTIONAL COURT
OF THE PRIDNESTROVSKAIA MOLDAVSKAIA RESPUBLIKA


Article 14. Requirements to be met by a Candidate for the Position of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika

A citizen of the Pridnestrovskaia Moldavskaia Respublika who has by the day of the appointment attained at least forty years of age, with an irreproachable reputation, who has higher juridical education and an experience in the legal profession of at least ten years, who possesses recognized high qualifications in the sphere of law, may be appointed as the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika. The age limit for the office of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be fifty-eight years of age.

Article 15. Procedure for Appointing a Judge of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be appointed to the office of Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika since the day of the oath of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika taken.
The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall take the following oath:
"I do swear to carry out honestly and conscientiously the duties of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, bound solely by the Constitution of the Pridnestrovskaia Moldavskaia Respublika and by nothing and no one else".
The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall take the oath at the session of the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika in the presence of the President of the Pridnestrovskaia Moldavskaia Respublika, the Chairman of the Supreme Court of the Pridnestrovskaia Moldavskaia Respublika, the Chairman of the Court of Arbitration in no event later than one month after the appointing of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall take the oath orally and shall put the personal signature beneath the written text of the oath.

Article 16. Occupations and Actions incompatible with the Office of the Judge
of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika

No Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may be a deputy of the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika, other representative bodies, hold or retain other public or social office, have private practice, engage in entrepreneurial or any other paid activities apart from teaching, academic and other creative activity which shall pose no impediment to the discharge of duties of a Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and shall not be deemed as a valid reason for being absent from a session, if the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika has not given its consent to it.
No Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may conduct defence or provide representation, other than legal representation, in court, in Court of Arbitration or in other bodies, render patronage to anyone in obtaining rights and relieving from duties.
No Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may belong to political parties and movements, render material support to them, participate in political actions, conduct political propaganda and agitation, participate in election campaigns to organs of State power and organs of local self-government, attend congresses and conferences of political parties and movements, engage in other political activity. Nor may he be part of the leadership of any social associations, even if they do not pursue political goals.
No Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall, when appearing in print, in other means of mass media, or before any audience, publicly express his opinion on the matter which may be subject to consideration by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, as well as the one which is currently under consideration or has been admitted for consideration by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika until the decision on the matter has been handed down.
Nothing in the present Article shall be considered as restricting the right of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall freely express his will as citizen and voter by voting at elections and referendum.

Article 17. Extrajuridicial Activity of Judges of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

The Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall take part in scientific and practical conferences, symposia, shall become the members of the delegations of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
The Chairman of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika or the Deputy Chairman of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall decide the necessity of bussiness trips of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

Article 18. Term of the Judge of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be appointed for a period of seven years.
The powers of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall terminate on the last day of the month in which his term is due to expire.

Article 19. Guarantees of Independence of the Judge of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

The independence of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be ensured by his irremovability from office, immunity, equality of rights of Judges, the procedure provided for by the present Constitutional Law for suspension and termination of powers of the Judge, the right to resign, the obligation of the established procedure of the constitutional judicial proceedings, the prohibition of any interference whatsoever with the judicial activity, by granting to the Judge material and social security, the guarantees of his safety appropriate to his high status.
The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika as skilled specialists shall be given the highest qualification grade of Judges in no event after the day of taking the oath. The highest qualification grade of Judges shall be given by the President of the Pridnestrovskaia Moldavskaia Respublika.
The employment record of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall include any juridical job.
Material guarantees of independence of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, relating to his salary, granting annual leave, social security, providing dwelling, social and consumer services,compulsory State life and health insurance of the Judge,as well as the property belonging to him and to his family members, shall be provided for in accordance with the corresponding guarantees, envisaged by the legislation of the Pridnestrovskaia Moldavskaia Respublika for judges of other superior courts.
In the event of other legal acts envisaging different norms, enhancing the level protection of material and social security of the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, the provisions of those acts shall apply.

Article 20. Irremovability of the Judge of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika.

The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be irremovable.
The powers of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may be terminated or suspended only under the procedure and on the grounds, provided for by the present Constitutional Law.

Article 21. Immunity of the Judge of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika.

The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be immune. He may not be brought to either criminal or administrative responsibility imposed judicially, detained, arrested, searched without the consent of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika , unless detained at the scene of crime, or subjected to personal inspection with the exception of circumstances stipulated by the laws to provide security for other persons.
The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika whose identity was unknown at the moment of his detention shall be released promptly once his identity has been established.
An official who has detained the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika at the scene of crime, shall promptly notify about that the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, which shall within twenty-four hours decide on whether to grant its consent to further application of this remedial measure or to refuse to give its consent.
The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, including the one whose term is expired, may not be brought to any responsibility for an opinion expressed at a session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika or for the decision passed by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

Article 22. Equality of Rights of Judges of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall enjoy equal rights.
The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall have the right to vote on all the questions considered in the plenary sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
The powers of the Chairman, the Deputy Chairman and the Judge-Secretary of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be established by the present Constitutional Law.

Article 23. Suspension of Powers of Judge of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

The powers of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may be suspended in the event of:
a) the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika giving its consent to the arrest of the Judge or to having him brought to criminal responsibility;
b) the Judge being temporarily (three months in succession) unable to perform his duties due to the state of his health.
Suspension of powers of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be done by the decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, taken in no event later than one month after the grounds for such suspension have been revealed.
No Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, whose powers have been suspended, may participate in sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika or send official documents to the state bodies and organizations, social associations, officials and citizens and to demand from them any documents or other information.
The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall suspend powers of the Judge until grounds for such suspension lapse. The restoration of powers of the Judge shall be formalised by the decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
Suspension of powers of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall not entail the suspension of payment of the Judge's salary and shall not deprive him of the guarantees stipulated by the present Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika.

Article 24. Termination of Powers of Judge of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

The powers of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be terminated in view of:
a) the violation of the procedure of his appointment as Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika as established under the Constitution of the Pridnestrovskaia Moldavskaia Respublika and the present Constitutional Law;
b) the expiration of the term of the Judge;
c) his personal application in writing for retirement prior to reaching the term his powers;
d) the loss by the Judge of the citizenship of the Pridnestrovskaia Moldavskaia Respublika;
e) the decision of conviction passed upon the Judge that has come into legal effect or judicial decision on application to him measures of compulsion of medical examination;
f) the commisssion by the Judge of an act defamatory to the honour and dignity of a Judge;
g) the Judge's continuation of occupations and actions incompatible with his office in spite of the warning by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika;
h) failure by the Judge to attend the sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika or his vote evasion more than two times in succession without a valid reason;
i) the recognition of the Judge's incapacity by the court decision that has come into legal effect;
j) the declaration of the Judge as a missing person by the court decision that has come into legal effect;
k) the declaration of the Judge as a dead person by the court decission that has come into legal effect;
l) the death of the Judge.
The powers of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublikamay also be terminated in view of his incapacity due to health reasons or due to other valid reasons to perform duties of a Judge during an extended period of time (not less that ten months in succession).
The termination of the powers of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be done by the decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika which shall be transmitted to the President of the Pridnestrovskaia Moldavskaia Respublika, to the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika and to the Session of Judges of the Pridnestrovskaia Moldavskaia Respublika and which shall constitute an official notification of the occurrence of the vacancy.
The termination of powers of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika under the provisions of Paragraphs a)- e), i)-m) of Section One of the present Article shall be effected by the President of the Pridnestrovskaia Moldavskaia Respublika, the Supreme Soviet of the Pridnetrovskaia Moldavskaia Respublika, the Session of Judges of the Pridnestrovskaia Moldavskaia Respublika upon the submission of the Chairman of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
The termination of powers of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika under the provisions of Paragraphs f)-h) of Section One of the present Article shall be effected by the President of the Pridnestrovskaia Moldavskaia Respublika, the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika, the Session of the Judges of the Pridnestrovskaia Moldavskaia Respublika upon the submission of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, adopted by the majority of not less than two thirds of the total number of Judges.

Article 25. Retirement of the Judge of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

The Judge shall be considered retired or discharged if his powers are terminated on the grounds stipulated by Paragraphs b), c), i) of Section One and by Section Two of Article 24 of the present Constitutional Law.
Other provisions pertinent to the status of a retired judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, established by the legislation of the Pridnestrovskaia Moldavskaia Respublika, shall also extend to the retired Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.



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