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Law fundamentals/CONSTITUTIONAL LAW

CHAPTER 7. PRELIMINARY CONSIDERATION OF PETITIONS



Article 47. Consideration of Petitions by the Secretariat of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

The petitions communicated to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be subject to compulsory registration. In the event when the petition:
a) apparently does not fall under the jurisdiction of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika;
b) does not meet in its form the requirements of the present Constitutional Law;
c) originates from an inappropriate body or person;
d) has not been paid for by the state fee, unless stipulated otherwise by the present Constitutional Law, the Secretariat of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall notify the petitioner that his petition does not meet the requirements of the present Constitutional Law. The petitioner shall be entitled to demand that the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika take a decision on this question. Once the deficiencies indicated in Paragraphs b) and d) of Part Two of the present Article have been removed, the petitioner shall be entitled to re-submit his petition to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
In the event when the petition apparantly does not fall under the jurisdiction of the Constitutio al Court of the Pridnestrovskaia Moldavskaia Respublika , the Secretariat of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may refer it to the state bodies or organizations which are competent to resolve the questions raised in it.

Article 48. Preliminary Review of Petition by Judges of the Constitutional Court
of the đridnestrovskaia Moldavskaia Respublika

The Chairman of the Constitutional Court of the Pridnetrovskaia Moldavskaia Respublika under the procedure prescribed by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall assign one or several Judges to preliminary review of the petition to be completed in no event later than two months after the petition was registered. The preliminary review of the petition by the Judge (Judges) shall be a compulsory stage of the proceedings in the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika. The finding of the Judge (Judges) of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on the results of the preliminary review of the petition shall be reported in the plenary session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

Article 49. Admission of Petition for Consideration

The decision on the question of admission of the petition for consideration shall be taken by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in the plenary session in no event later than a month after the completion of the preliminary review of the petition by the Judge (Judges).
The parties shall be notified of the decision taken by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
In the events of urgency the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may propose to the respective bodies and officials that they suspend the disputed act, the process of entry of the contested international treaty of the pridnestrovskaia Moldavskaia respublika into force until the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika has completed the consideration of the case.

Article 50. Dismissal of Petition

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall take decision to dismiss the petition in the events where:
a) resolution of the question raised in the petition does not fall under the jurisdiction of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika;
b) in accordance with the requirements of the present Constitutional Law the petition is inadmissible;
c) the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika has issued a ruling on the object of the petition, that ruling retaining its force.
If the act the constitutionality of which is being contested has been abrogated or terminated by the beginning or during the consideration of the case, the proceedings initiated by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may be cancelled, except for the events when constitutional rights and freedoms of citizens have been violated by the operation of the act.

Article 51. Recall of Petition

The petition to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may be recalled by the petitioner prior to the beginning of the consideration of the case in the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika. If the petition has been recalled the proceedings on the case shall be cancelled.



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