Law fundamentals/CONSTITUTIONAL LAW

CHAPTER 6. PETITION TO THE CONSTITUTIONAL COURT
OF THE PRIDNESTROVSKAIA MOLDAVSKAIA RESPUBLIKA


Article 43. Reasons and Grounds for Consideration of a Case in the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

The reason for the consideration of a case in the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be a petition to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika made in the form of an inquiry, application or complaint meeting the requirements of the present Constitutional Law.
The ground for consideration of a case shall be the disclosed uncertainty in the question whether a law, other enactment, an international treaty, the disclosed contradiction in the positions of the parties on the possession of the authority in the disputes about competence are compatible with the Constitution of the Pridnestrovskaia Moldavskaia Respublika , promotion by the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika of the charges against officials of supreme organs of government and conformity of the law to the universally recognized principles of law and norms of international right.

Article 44. General Requirements to the Petition

The petition shall be communicated to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in writing and shall be signed by an authorised person (authorised persons). A single copy of the petition shall be taped on the magnet carrier.
The petition shall indicate:
a) the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika as the body to which the petition is communicated;
b) the designation of the petitioner (in a complaint of a citizen - his full name): the address and other data about the petitioner;
c) necessary data about the representative of the petitioner and his powers except the events of the representation ex officio;
d) the designation and the address of the state body which issued the act to be verified or which is a party to the dispute about competence;
e) the provisions of the Constitution of the Pridnestrovskaia Moldavskaia Respublika and the present Constitutional Law which entitle to petition the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika;
f) the precise name, number, date of adoption, source of publication and other data about the act to be verified or the provision of the Constitution of the Pridnestrovskaia Moldavskaia Respublika subject to interpretation;
g) specific grounds, provided for by the present Constitutional Law for the consideration of the petititon by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika;
h) the position of the petitioner on the question raised by him and its legal substantiation with reference to the relevant norms of the Constitution of the Pridnestrovskaia Moldavskaia Respublika;
i) the request directed in connection with the inquiry, application or complaint to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika;
j) the list of documents enclosed with the petition.

Article 45. Documents enclosed with the Petition

Enclosed with the petition to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be:
a) the text of the act to be verified or the provisions of the Constitution of the Pridnestrovskaia Moldavskaia Respublika to be interpreted;
b) the power of attorney or other document confirming the powers of the representative except the events of representation ex officio, as well as copies of the documents confirming the right of an individual to act in the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika as a representative;
c) the document confirming the payment of the state fee;
d) the translation into the Russian language of all the documents and other materials stated in a different language certified in accordance with the present Law of the Pridnestrovskaia Moldavskaia Respublika.
Enclosed with the petition may be the lists of witnesses and experts to be summoned to the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, as well as other documents and materials.
The petition and the documents and other materials enclosed with its required by Section One of the Present Article shall be communicated to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in ten copies. The citizens shall communicate the required documents in three copies.

Article 46. State Fee

The petition to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be charged with the state fee according to the present legislation of the Pridnestrovskaia Moldavskaia Respublika.
The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may exempt a citizen from paying the state fee or reduce fee given his material standing.
The inquiries of courts, of the Plenipotentiary on Human Rights in the Pridnestrovskaia Moldavskaia Respublika, the inquiries about the interpretation of the Constitution of the Pridnestrovskaia Moldavskaia Respublika, the applications of the President of the Pridnestrovskaia Moldavskaia Respublika concerning the disputes about competence when he is not a party to these disputes, the inquiries for an advisory on the observance of a prescribed procedure for charging the President of the Pridnestrovskaia Moldavskaia Respublika with high treason or with commission of other grave offence, shall not be subject to state fee.
The state fee shall be reimbursed the petition failing to be admitted.



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