Law fundamentals/CONSTITUTIONAL LAW



SECTION 2. GENERAL RULES OF PROCEEDINGS IN THE CONSTITUTIONAL COURT
OF THE PRIDNESTROVSKAIA MOLDAVSKAIA RESPUBLIKA



CHAPTER 5. PRINCIPLES OF THE CONSTITUTIONAL
JURIDICAL PROCEEDINGS


Article 36. Independence

The Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be independent and while exercising their powers shall be guided solely by the Constitution of the Pridnestrovskaia Moldavskaia Respublika and the present Constitutional Law.
In their activity the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall act in their personal capacity and shall not represent any state or social bodies, political parties and movements, state, social and other enterprises, agencies and organizations, officials, state and territorial establishments, nations, social groups.
The decisions and other acts of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall express the legal position of the Judges corresponding to the Constitution of the Pridnetrovskaia Moldavskaia Respublika.
The Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall adopt decisions under conditions exclusive of any outside influence upon their free expression of will. They may not communicate inquiries to, or receive instructions from anyone pertainig to the questions admitted for the preliminary consideration or that are being considered by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
No interference into the activity of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be permitted and shall entail responsibility under the law.

Article 37. Collegiality

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall consider cases and questions and take decisions on them collegially. The decision shall be taken only by those Judges who participated in consideration of the case in the court session.
The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall have authority to take decisions in plenary sessions provided there are no fewer than two thirds of the total number of Judges, established by the Constitution of the Pridnestrovskaia Moldavskaia Respublika.

Article 38. Publicity

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall consider cases in open sessions. The holding of sessions in camera shall only be permitted in the events stipulated by the present Constitutional Law. Decisions taken both in open sessions and in sessions in camera shall be announces publicly.

Article 39. Orality of Hearing

The hearings in the sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be oral. In the course of consideration of cases the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall hear arguments of the parties, testimonies of experts and witnesses, read available documents.
The documents that were produced for the Judges and parties to acquaint themselves with them shall be read in the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

Article 40. Language of the Constitutional Judicial Proceedings

The judicial proceedings in the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be conducted in the Russian language.
The participants in the proceedings without a knowledge of the Russian language shall be entitled to plead in another language and to use the services of an interpreter.

Article 41. Continuity of Court Session

The session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on every case shall be continuous, excluding time reserved for rest or required to prepare the participants in the proceedings for further hearings, as well as for the removal of the circumstances hampering the normal course of the session.
The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may not consider other cases in the plenary session until a decision on the case being considered in the plenary session has been taken or the hearing has been postponed.

Article 42. Adversarial Nature of Proceedings and Equality of Parties

The parties shall enjoy equal rights and opportunities while asserting their positions in the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on the adversarial basis.



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