Law fundamentals/CONSTITUTIONAL LAW

CHAPTER 8. GENERAL PROCEDURAL PROVISIONS OF
CONSIDERATION OF CASES IN THE CONSTITUTIONAL COURT
OF THE PRIDNESTROVSKAIA MOLDAVSKAIA RESPUBLIKA


Article 52. Convocations of Sessions

Plenary sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be convoked by the Chairman of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

Article 53. Procedure for Consideration of Questions in Plenary Sessions

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in its plenary sessions shall apply the uniform procedure for consideration of questions unless the present Constitutional Law or the Regulations of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika prescribe otherwise.

Article 54. Assigning Cases for Hearing

The decision on assigning cases for hearing in the plenary session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be taken by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in a plenary session in no event later than one month after the admission of the petition for consideration. The decision shall indicate the sequence in which cases are to be heard.

Article 55. Merger of Cases

The consideration of each case shall be the subject of a special session. The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may merge in one proceeding petitions pertaining to one and the same subject.

Article 56. Preparation of Case for Hearing

To prepare the case for hearing, to draw up a draft decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, as well as to state the materials in the session, the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall appoint one or several reporting Judges.
While reviewing the petition and preparing the case of hearing the reporting Judge shall demand, within the powers of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, the necessary documents and other materials, order checks, studies, expert findings, shall consult specialists, submit inquiries.
The reporting Judge and the Judge presiding in the session shall define the range of persons to be invited and summoned to the session, shall issue directives providing for the notification of the venue and the time of the session and for the communication of the necessary materials to the participants in the proceedings.

Article 57. Requests of the Constitutional Court
of the Pridnestrovskaia Moldavskaia Respublika

The requests of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika for the texts of enactments and other legal acts, documents and their copies, case files, information and other materials; for certification of documents and texts of enactments; for checks, studies and expert findings; for establishment of certain circumstances; for specialists to be involved; for explanations, consultations to be provided and for professional opinions on the cases under consideration to be stated, shall be binding for all bodies, organisations and persons to whom they may be addressed. The requests of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be considered and the reply on the results of such consideration shall be communicated to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in no event later than one month after the receipt of the forementioned requests, unless the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika specifies other time.
Expenses related to fulfilment by the state bodies and organisations of the requests of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be borne by those bodies and organizations. Expenses incurred by other organizations and persons shall be reimbursed from state budget as prescribed by the Government of the Pridnestrovskaia Moldavskaia Respublika.
Refusal or evasion from consideration or fulfilment, breach of time limits for consideration or fulfilment, nonfulfilment or improper fulfilment of the requests of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika as well as deception shall entail the responsibility under the legislation of the Pridnestrovskaia Moldavskaia Respublika.

Article 58. Distribution of Materials. Notification of a Session

Notification of a sesion of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, copies of petitions and responses received there to, copies of the acts being verified, and, if necessary, other documents shall be communicated to the Judges and the parties to the proceedings in no event later than ten days prior to the commencement of the session. Responses to the petitions shall be communicated within this period only if they have arrived no later than two weeks prior to the commencement of the session.
The announce,ments of the sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be posted at the locations on its premises accessible to citizens, as well as made through mass media.

Article 59. Participants in Proceedings

The participants in the proceedings in the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be parties, their representatives, witnesses, experts, interpreters.

Article 60. Sites and their Representatives

The parties in the constitutional judicial proceedings shall be:
a) petitioners - bodies or persons that have petitioned the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika;
b) bodies or officials that have issued or signed the act, the constitutionality of which is to be verified;
c) state bodies the competence of which is being contested.
The following may act as representatives of parties ex officio: the head of the body who signed the petition to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, the head of the body which issued the contested act or which is a party to the dispute about competence, the official who signed the contested act. The representatives of the parties may also be represented by lawyers or persons whose powers are confirmed by relevant documents. Lawyers and persons whose authorities are confirmed by the appropriate documents can perform as representatives of the parts. Each party may have no more than three representatives.
The parties shall have equal procedural rights. The parties and their representatives shall have the right to acquaint themselves with the materials on the case, state their position on the case, pose questions to other participants in the proceedings, submit motions, including those challenging the Judge. The party may submit written responses to the petition which shall be appended to the materials of the case, may acquaint itself with responses of the other party.
The parties and their representatives, when cited by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, shall appear before it, plead and answer questions. Failure of the party or its representative to appear in the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall not prevent the consideration of the case, unless the party applies for the case to be considered in its presence and certifies valid reason for its absence.

Article 61. Open Sessions

The sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be open except for the events stipulated by the present Constitutional Law. Those present shall have the right to record the course of the session from their seats. Taking of motion or still pictures, video-taping, live radio or television broadcastingof the session shall be permitted with the authorization of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
With a view to ensuring safety of those present in the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika the Chairman of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika with the consent of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may order to check persons willing to attend the session including checking of the identification documents, as well as the search of items brought to the courtroom and personal search.
Those present in the courtroom shall treat with due respect the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and its rules and procedures, obey the directives of the Chairman to observe the routine of the session. The order in the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be maintained by segeants-at-arms, whose demands shall be binding on all those present.
An individual who breaks the order in the session or fails to obey the lawful directives of the presiding Judge may be removed from the courtroom after warning. The presiding Judge may, with the consent of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, remove the public after warning if it has broken the order and thereby violated the normal course of the session.
The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may impose a fine equalling up to fifty minimum wages upon the person breaking the order or not obeying the lawful directives of the presiding Judge.

Article 62. Session in camera

The Constitutional Court of the Pridnestrovasaia Moldavskaia Respublika shall set a session in camera when it is necessary to preseve secrets protected by the law, to ensure safety of citizens, to protect social moral.
The session in camera may be attended by the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, parties and their representatives. The possibility of attendance by other participants in the proceeding and by members of the Secretariat of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika who directly ensure the normal course of the session shall be decided by the presiding Judge in coordination with the Judges.
In the session in camera cases shall be considered in accordance with the general rules of constitutional judical proceedings.

Article 63. Dismissal of the Judge from Participation in the Consideration of a Case

The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be dismissed from the participation in the consideration of a case if :
a) previously the Judge by virtue of his position was involved in adoption of the act under consideration;
b) objectivity of the Judge in deciding the case may be qustioned due to his ties by blood or by marriage to the representatives of the parties;
c) the Judge took the floor in public on conformity with the Constitution of the Pridnestrovskaia Moldavskaia Respublika of the disputable act under consideration.
Under the circumstances provided for in Section One of the Present Article the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall withdraw before the hearing of the case begins.
The dismissal of the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika from the participation in the hearing of the case shall be done by the motivated decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika taken by the majority of the Judges after hearing the Judge whose dismissal is to be decided upon.

Article 64. Session Procedure

At the appointed time the presiding Judge, having certified the precense of a quorum, shall open the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and announce which case is due to be considered.
The presiding Judge shall certify the presence of the participans in the proceeding and verify the credentials of the representatives of the parties. If any of the participans in the proceeding fail to appear orn if the representative of the party lacks proper authority, the presiding Judge shall raise the question of the possibility of the consideration of the case.If the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika recognises that the case cannot be considered , it shall be adjourned.
The presiding Judge shall explain to the parties and their representatives their rights and duties, and to the participans in the proceedings their rights, duties and responsibility.

Article 65. Judge presiding in Session

The Judge presiding in the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall conduct the session taking necessary measures to provide for the prescribed procedure of the hearing, its completeness and comprehensiveness, to have its course and results recorded; shall remove from the hearings everything that is irrelevant to the case under consideration; shall give the floor to the Judges and the participants in the proceedings; shall interrupt the statements of the participants in the proceedings if they concern questions irrelevant to the hearing, deprive them of the right to speak if they arbitrarily break the sequence of speeches, if they ignored twice the demands of the prociding Judge, if they use rude or insulting words, make claims and appeals prosecuted by law.
Objections made by any of the participants in the proceedings to the directives and actions of the presiding Judge shall be entered into the records of the session. The directives and actions of the presiding Judge may be reconsidered by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika during the same session at the proposal of a party or any Judge.

Article 66. Records

The records, meeting the requirements stipulated by the Rules of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, shall be kept during the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
Verbatim record of the session may be kept to provide for a complete and precise record.
The record of the plenary session shall be signed by the Chairman and the Judge-Secretary of the Constitutional Court of the Pridnestrovskaia Moldavskaia respublika.
The parties shall have the right to acquaint themselves with the records and verbatim records of the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and submit comments on them. Other participants in the proceedings may read the record and verbatim record with the permission of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
Comments on the record or verbatim record of the session shall be considered jointly by presiding Judge and the reporting Judge with the participation where necessary of the persons who submitted comments. Comments on the record and verbatim record of the session as well as the decision to confirm their correctness or to reject them shall be appended to the record and to the verbatim record, respectively.

Article 67. Procedure for Investigation of Questions

The investigation of the merits of the case under consideration in the session of the Constitutional Court of the Pridnetrovskaia Moldavskaia Respublika shall begin with the statement made by the reporting Judge on the grounds and reasons for the consideration of the case, on merits of the question, on the contents of the available materials and on the measures taken to prepare the case for the consideration. Other Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may pose questions to the reporting Judge.
After the conclusion of statement of the reporting judge the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall hear the motions of the parties and shall decide on the procedure for the investigation of the questions of the case.
The procedure established by the decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may be altered only by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika itself.
The proposals on the procedure for the investigation of questions put forward by the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in the course of the consideration shall be considered by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika without delay.

Article 68. Postponement of Session

The consideration of the case may be postponed if the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika finds that the question is insufficiently prepared, or that it requires further examination that cannot be carried out at the same session due to nonappearance of a party, a witness or an expert whose attendance was deemed mandatory, as well as due to failure to produce the required materials. In such event the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall set a date to which the session is postponed. The hearing of the consideration of which has been postponed shall begin anew or resume from the point at which it has been postponed.

Article 69. Pleadings of Parties

In conformity with the procedure established by the decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika the presiding Judge shall propose to the parties to give explanations on the merits of the question under consideration and to adduce lagal arguments to prove their position. In the event when the position of the party is asserted by several representatives the sequence and duration of statements shall be defined by the party in question.
The parties and their representatives shall not use their statements in the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika to make political statements and declarations and may not make insulting remarks about the state bodies, social associations, participants in the proceedings, officials and citizens.
The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall hear pleadings in full.
Following the pleadings of a party the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and the other party, and with the permission of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, the experts, may pose questions to that party.

Article 70. Expert Findings

A person with specialised knowledge respecting the case under consideration may be cited to the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika as an expert. The questions due to be covered by expert findings shall be determined by the reporting Judge or by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
Before making the statement the expert shall take the oath and shall be warned about the responsibility for false findings.
With the permissionof the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika the expert may acquaint himself with the case files, pose questions to the parties and witnesses, as well as submit applications for additional materials to be placed at his disposal.
After stating his findings the expert shall answer additional questions posed to him by the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

Article 71. Witness Testimony

When it is necessary to investigate the actual facts, the determination of which is referred to the jurisdiction of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, persons who possess information and materials pertaining tosuch facts may be cited as witnesses.
Before his testimony being heard the witness shall take the oath and shall be warned about the responsibility for false testimony.
The witness shall communicate to the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika the circumstances pertaining to the substance of the case under consideration which are known to him personally and shall answer additional questions posed to him by the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and by the parties. Where necessary he may take use of written notes, as well as of documents and other materials.

Article 72. Investigation of Documents

Documents may be read at the session of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on the initiative of the Judges or on the application of the parties. The documents with dubious authenticity shall not be read.
The documents investigated by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika by the decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be appended to the case in the original on in certified copies.

Article 73. Concluding Statements of Parties

Concluding statements of the parties shall be heard after the end of the judicial investigation. The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may grant time to the parties to prepare for the concluding statements at their request.
In their concluding statements the parties shall not refer to the documents and circumstances that were not investigated by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

Article 74. Reopening of Consideration of Questions

If, after the concluding statements of the parties, the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika deems it necessary to investigate additional circumstances substantial for the decision of the case, or to investigate new evidence, it shall decide on the reopening of the consideration of the question.
After the end of additional investigation the parties shall be entitled to make new concluding statements provided they pertain only to new facts and evidence.

Article 75. Discontinuance of Proceedings

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall discontinue the proceedings on the case if in the course of the session grounds will be revealed for the refusal to accept the petition for the consideration,or it will be ascertained that the question settled by a law or other enactment, agreements between the organs of State Government or an international treaty of the Pridnestrovskaia Moldavskaia Respublika that has not come into force, the constitutionality of which is to be verified, was not settled in the Constitution of the Pridnestrovskaia Moldavskaia Respublika or by its nature and significance may not be regarded as a constitutional matter.

Article 76. Completion of Hearing

When the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika deems the investigation of questions concluded the presiding Judge shall declare the completion of a hearing.

Article 77. Conference of Judges on the Adoption of the Final Decision

The final decision on the case under consideration shall be passed by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika by the conference in camera.
Only the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika considering the case shall participate in the conference in camera. Members of the staff of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika who keep records and ensure the normal course of the conference may be present in the conference room.
During the conference in camera the Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may freely express his position on the question under discussion and may ask other Judges to clarify their positions. The number and duration of statements at the conference may not be limited.
The questions put to vote and the results of voting shall be put into the records of the conference. The records of the conference in camera shall be signed by all the Judges present and shall not be made public.
The Judges and other persons present at the conference in camera shall not divulge the contents of the discussion and the results of voting.



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