Law fundamentals/CONSTITUTIONAL LAW

CHAPTER 9. DECISIONS OF THE CONSTITUTIONAL COURT
OF THE PRIDNESTROVSKAIA MOLDAVSKAIA RESPUBLIKA


Article 78. Types of Decisions

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall adopt resolutions, final decisions and shall denote advisory opinions.
The Constitutional Court shall adopt resolutions solely on the subject stated in the petition.
The Constitutional Court shall adopt advisory opinions on disputable subject stated in the petition that shall be stated in the form of indiviadul documents which shall indicate the reasoning that determined their not passing.
The final decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on the merits of any of the questions listed in Paragraphs a), c) and d) of Part One of Article 9 of the present Constitutional Law shall be known as a ruling. The rulings shall be named in the name of the Pridnestrovskaia Moldavskaia Respublika.
The final decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika on the merits of any of the questions listed in Paragraphs b) of Article 9 of the present Constitutional Law shall be known as an advisory opinion.
All other decisions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika passed in the course of the constitutional judicial proceedings shall be known as interlocutory orders.
Sessions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall also decide on matters pertainingto the organization of its activity.

Article 79. Passing of Decision

The decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be passed by an open ballot by roll call of the Judges. The presiding Judge shall be the last to vote in all instances.
The decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be deemed to have been passed provided that the majority of the Judges who took part in the ballot voted in favour, unless stipulated otherwise by the present Constitutional Law.
If votes are evenly divided during the passing of the judgement on the verification of the constitutionality of an enactment, an agreement between the organs of State Government, an international treaty of the Pridnestrovskaia Moldavskaia Respublika that has not come into force, the decisions shall be deemed to have been passed in favour of the constitutionality of the contested act.
The decision on the interpretation of the Constitution of the Pridnestrovskaia Moldavskaia Respublika and constitutional laws of the Pridnestrovskaia Moldavskaia Respublika shall be adopted by a majority of no less than two thirds of the total number of the Judges.
The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may not abstain from voting or evade voting.

Article 80. Requirements to Decisions

Decisions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be based upon materials, investigated by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall pass the judgement on the case assessingboth the literal meaning of the act under consideration and the meaning attributed to it by an official and other interpretations or the prevailing law-applying practices, as well as proceeding from its place within the system of legal acts.
The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall adopt rulings and pass advisory opinions solely on the subject stated in the petition and only in relation to that part of the act or the competence of the body, the constitutionality of which is contested in the petition. While passing the decision the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall not be bound by the grounds and arguments stated in the petition.
The rulings and advisory opinions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be stated by the reporting Judge or other Judges in the written form of individual documents which shall indicate the reasoning that determined their passing.
The interlocutory orders of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be read in the session and shall be recorded, unless stipulated otherwise by the present Constitutional Law or by the decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.

Article 81. Statement of Decision

The decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, stated in an individual document, shall, depending on the nature of the question under consideration, contain the following data:
a) the designation of the decision, date and place of its passing;
b) the membership of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika that passed the decision;
c) necessary data about the parties;
d) wording of the question under consideration, reasons and grounds for its consideration;
e) norms of the Constitution of the Pridnestrovskaia Moldavskaia Respublika and the present Constitutional Law due to which the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika is entitled to consider the question;
f) requests, contained in the petition;
g) actual facts and other circumstances, determined by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika;
h) norms of the Constitution of the Pridnestrovskaia Moldavskaia Respublika and the present Constitutional Law in accordance with which the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika passed the decision;
i) arguments supporting the decision passed by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and, where necessary, arguments refuting the assertion of the parties;
j) wording of the decision;
k) statement on the final and binding nature of the decision;
l) procedure for the entry into force of the decision, as well as the procedure, dates and specifics of its execution and promulgation.
The final decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be signed by all the Judges who participated in the voting.

Article 82. Dissenting Opinion of Judge

The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika who disagrees with the decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may state his dissenting opinion in writing. The dissenting opininon of the Judge shall be appended to the case files and shall be promulgated along with the decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika.
The Judge of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika who voted in favour of the decision or of the advisory opinion on the merits of the question, considered by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, but found himself in minority during the voting on another question or on the motivation of the decision, may state in writing his opinion which disagrees with the majority of Judges. In such event the dissenting opinion in writing shall also be appended to the case files and shall be published in the "Sobraniye aktov zakonodatelstv Pridnestrovskoi Moldavskoi Respubliki" ("The Collection of Judicial Enactments of the Pridnestrovskaia Moldavskaia Respublika") and in the "Vestnik Konnstitutsionnogo Suda Pridnestrovskoi Moldavskoi Respubliki"("The Bulletin of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika").

Article 83. Announcement of Decision

The rulings and advisory opinions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika in no event later than two weeks after signing shall be transmitted to:
a) the Judges of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika;
b) the parties;
c) the President of the Pridnestrovskaia Moldavskaia Respublika;
d) the Supreme Soviet of the Pridnestrovskaia Moldavskaia Respublika;
e) the Supreme Court of the Pridnestrovskaia Moldavskaia Respublika;
f) the Superior Court of Arbitration of the Pridnestrovskaia Moldavskaia Respublika;
g) the Prosecutor General of the Pridnestrovskaia Moldavskaia Respublika;
h) the Plenipotentiary on Human Rights in the Pridnestrovskaia Moldavskaia Respublika;
i) the Minister of Justice of the Pridnestrovskaia Moldavskaia Respublika.
The decisions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may also be transmitted to the other state bodies and organizations, social associations, officials and citizens.

Article 84. Promulgation of Decision

The decisions and advisory opinions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be promulgated with no delay in the official publications of the organs of State Government of the Pridnestrovskaia Moldavskaia Respublika "Sobraniye aktov zakonodetalstva Pridnestrovskoi Moldavskoi Respubliki"("The Collection of Judicial Enactments of the Pridnestrovskaia Moldavskaia Respublika"). The decisions of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall also be published in the "Vestnik Konstitutsionnogo Suda Pridnestrovskoi Moldavskoi Respubliki" ("The Bulletin of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika") and in other publications if necessary.

Article 85. Legal Force of Decision

The decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be final, may not be appealed and shall come into force immediately upon announcement.
The decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be self-executing and shall require no affirmative action by other bodies and officials. The legal force of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika deeming the act to be unconstitutional may not be overruled by new adoption of the same act.
The acts or individual provisions thereof found to be unconstitutional shall be null and void; international treaties of the Pridnestrovskaia Moldavskaia Respublika that have not come into force, found not to be in conformity with the Constitution of the Pridnestrovskaia Moldavskaia Respublika shall not be brought into force and implemented. Decisions of courts and of other bodies based on the acts found to be unconstitutional shall not be executed and shall be reviewed in the events stipulated by the federal law.
If, as the result of an enactment found to be unconstitutional, there appears a lacuna in the legal regulation, the Constitution of the Pridnestrovskaia Moldavskaia Respublika shall be directly applied.

Article 86. Terms for Execution of Decision

The decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be executed with no delay upon its promulgation or delivery of its official text, unless it specifies other terms.

Article 87. Consequences of Non-Execution of Decision

Non-execution, improper execution or preventation of the decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall entail responsibility under the present Constitutional Law of the Pridnestrovskaia Moldavskaia Respublika.

Article 88. Correction of Inaccuracies in Decision

After the announcement of the decision the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may correct inaccuracies left in the decision in designations, denominations, lapses and apparent editorial and technical errors, and shall pass an interlocutary order on the matter.

Article 89. Explanation of Decision

The decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika may be officially explained only by the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika itself in the plenary session upon the application of the bodies and persons entitled the petition the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika, of other bodies and persons to whom the decision was transmitted.
The question concerning the explanation of the decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be considered in the plenary session with the participation of the body or a person, that made a motion. The bodies and persons who acted as parties in the case shall also be invited to the session.
The explanation of the decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be the subject of the interlocutory order stated as an individual document and due to be published in the publications where the decision was published.



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