On Adoption of the Foreign Policy Concept of
Pridnestrovskaia Moldavskaia Respublica
Pursuant to paragraph 3 Article 62 of the Constitution of Pridnestrovskaia Moldavskaia Respublica and pursuant to Article 90 of the Regulations of the Supreme Soviet of Pridnestrovskaia Moldavskaia Respublica, the Supreme Soviet of Pridnestrovskaia Moldavskaia Respublica has enacted: 1. To adopt the Foreign Policy Concept of Pridnestrovskaia Moldavskaia Respublica (as appended). 2. The enactment shall enter into force upon signature.
Adopted at the 9th plenary sitting of the IX session of the Supreme Soviet of Pridnestrovskaia Moldavskaia Respublica of the III convocation (May 26, 2005 Ruling 2241 of the Supreme Soviet of Pridnestrovskaia Moldavskaia Respublica).
Foreign Policy Concept of
Pridnestrovskaia Moldavskaia Respublica
1. General The Foreign Policy Concept of Pridnestrovskaia Moldavskaia Respublica is a document establishing main goals and strategy of Pridnestrovskaia Moldavskaia Respublica in its foreign policy, as well as mechanisms for its long-term implementation. The Foreign Policy Concept of Pridnestrovskaia Moldavskaia Respublica is based on provisions of the Constitution, regulatory state acts, and generally accepted principles and norms of international law. As an organic extension of the internal policy, the foreign policy of Pridnestrovskaia Moldavskaia Respublica reflects consolidated interests of its multiethnic and multiconfessional population and aims at ensuring and defending its national sovereignty, as well as establishing favourable external conditions for economic and political reforms. 2. Pridnestrovskaia Moldavskaia Respublica in the modern world Pridnestrovskaia Moldavskaia Respublica was founded on 2 September 1990. Proceeding from the fundamental principles of international law, Pridnestrovien people established its own state, thereby maintaining the legitimate right of nations to self-determination. With the disintegration of the Soviet Union and cessation of activity of its legitimate organs of state power, as well as with the 1990 decision of the Parliament of the Republic of Moldova to annul the Molotov-Ribbentrop Pact, the establishment of the Moldavian SSR created through annexation of Bessarabia to the Moldavian Autonomous Soviet Socialist Republic was virtually recognized illegal. Thus, restoration of sovereignty and state status of the Moldavian ASSR was automatically recognized and, therefore, legitimacy of establishment of Pridnestrovskaia Moldavskaia Respublica. Expression of the Pridnestrovien people’s will at the 1 December 1991 referendum on independence of Pridnestrovskaia Moldavskaia Respublica is the crucial factor for upholding the political and legal status of our state and its objective existence under international law. Establishment of Pridnestrovskaia Moldavskaia Respublica is a historically reasoned, juridically legitimate, and morally justified consequence of political and legal processes developing in the modern world. Today Pridnestrovskaia Moldavskaia Respublica is a sovereign, independent, democratic, legal, and secular state. Pridnestrovskaia Moldavskaia Respublica has its own attributes of state power which are symbols of the Republic established by law. The Pridnestrovien people recognizing itself as part of the international community, reaffirming its commitment to panhuman values, willing to live in peace and harmony with all nations, adopted the Constitution of Pridnestrovskaia Moldavskaia Respublica through a referendum according to generally accepted principles and norms of international law. Pridnestrovie seeks to become a full subject of international law and establishes its relations with other subjects of the international system on the basis of equal rights, cooperation, mutual respect, and partnership. Agreements between PMR and other states or state formations on possible establishment of joint organs of power and administration shall enter into force on the territory of Pridnestrovskaia Moldavskaia Respublica only through a national referendum. Pridnestrovskaia Moldavskaia Respublica shall conduct its foreign economic activity on the basis of international law thereat taking into account dynamics of development and improvement of its fundamental principles and norms. 3. Foreign Policy Priorities The modern world undergoes dynamical changes which affect interests of Pridnestrovskaia Moldavskaia Respublica. The international situation in the early XXI century requires rethinking of the Pridnestrovien foreign policy and possibilities for its resources. Ensuring national interests of the state shall be a conceptual pivotal point of the foreign policy of Pridnestrovskaia Moldavskaia Respublica. The fundamental goal shapes its basic priorities as follows: a) strengthening and defending its independence and sovereignty; b) protection of human rights, freedoms, and dignity regardless of ethnicity; c) openness to equal and mutually advantageous relations with the states of the Near Abroad and other foreign countries; d) commitment to only peaceful, political and democratic, negotiating methods in the settlement of relations with the Republic of Moldova; e) ensuring favourable external conditions for social and economic reforms to progress in order to improve the people’s well-being. National interests of Pridnestrovskaia Moldavskaia Respublica shall be pursued primarily through establishment of friendly mutually advantageous relations with the adjoining states, leading powers, and integration associations of the international community. Objectives of the Pridnestrovien foreign policy aimed at ensuring national interests shall be defined as follows: a) enhancing stability and strengthening security in the region; b) developing good-neighborly relations with the adjoining states and deepening of integration processes; c) strengthening good-neighborly ties with states of the international community; d) one of the priorities is to pursue national interests through joining UNO; e) developing cooperation with international organizations, financial and economic institutions. 4. Foreign policy guidelines Pridnestrovskaia Moldavskaia Respublica is interested in an increased number of its allies, in creation of an area of good neighborhood around itself, as well as in active use of international cooperation mechanisms to uphold its national interests since it is the crucial factor in strengthening positions of a state in the modern world. 4.1. Relations with the Republic of Moldova The aim of the Pridnestrovien foreign policy is to enhance stability and strengthen security in the region. The need to settle relations and intention not to have the armed conflict repeated predetermined the start of negotiations with the Republic of Moldova two years after the end of the Moldovan military aggression against Pridnestrovie. To this end, mediation on the part of Russia, Ukraine, and Organization for Security and Cooperation in Europe, as well as the peacekeeping mechanism aimed at prevention of a repeated conflict, has been used. The position of Pridnestrovskaia Moldavskaia Respublica in the negotiation process is based on the principles of a peaceful political settlement, equality of the sides, mutually agreed decisions, and renunciation of force or threat of force. A specific model of state-legal relations between Pridnestrovie and Moldova should take into account existing international peaceful settlement practices and be based on the results of a nation-wide referendum. A comprehensive system and a mechanism of ensuring internal and external guaranties should be a sine qua non condition of implementation of a future model of state-legal relations between Pridnestrovie and Moldova. In this context, an Agreement on a Guarantee Mechanism should be worked out and signed, which would remove the threat of a repeated armed conflict and make impossible economic blockades and other forms of pressure. Development of good-neighborly relations with Moldova is believed to be a necessary element of ensuring security, maintaining peace, building mutual confidence, and strengthening cooperation, as well as of sustainable social and economic development of these two countries. 4.2 Relations with the CIS countries Development of partnership relations with the CIS countries, which are considered to be a significant factor for Pridnestrovien involvement into the regional political and economic integration processes, shall be established as a focal point of the foreign policy of Pridnestrovskaia Moldavskaia Respublica. These processes are considered in Pridnestrovie from a pragmatic point of view, given the reciprocal openness and willingness of the partners – the CIS countries – to take into account Pridnestrovien interests. 4.2.1. Cooperation with the guarantor countries – the Russian Federation and Ukraine – is high on the agenda for Pridnestrovskaia Moldavskaia Respublica. The top priority of this aspect for the Pridnestrovien foreign policy is based both on the geopolitical factor and the historical interaction of these three countries. Great importance is attached to relations with the guarantor countries - the Russian Federation and Ukraine – both at the level of public opinion and state institutions. The Russian Federation and Ukraine objectively are the most important strategic partners of Pridnestrovskaia Moldavskaia Respublica, above all, in the fundamental economic aspect. For a long while already, Russia has maintained a leading place among the main external political partners of Pridnestrovie. In the security sphere, the Russian Federation as a guarantor country has been doing a substantial bulk of work in maintaining peace and playing an important part in the peacekeeping operation. Through its military observers, Ukraine has been taking part in improving forms of activity of the Joint Peacekeeping Forces in the Security Zone. Pridnestrovskaia Moldavskaia Respublica intends to further advocate an increased participation of Ukraine in the peacekeeping process. 4.2.2 Pridnestrovskaia Moldavskaia Respublica has established and maintained friendly relations with countries seeking recognition. Given the current challenges and threats, this foreign policy vector, in principle, is engendered by the interest the newly founded states take in joint and coordinated cooperation. In order to maintain the dialogue on the questions of mutual interest and to coordinate activities in the sphere of international relations, Pridnestrovie will continue developing friendly relations with the Republic of Abkhazia, Republic of Nagorno-Karabakh, and the Republic of South Ossetia. 4.3 Relations with other foreign countries and international organizations Relations with other foreign countries and international organizations, especially with European countries, are of paramount importance to Pridnestrovskaia Moldavskaia Respublica. Pro-European orientation of Pridnestrovie is explained by the general understanding of fundamental values of the world civilization. A lot of Pridnestrovien foreign interests lie in this area. The importance of a harmonic inclusion of Pridnestrovie into the international democratic community makes necessary an active cooperation. Cooperation with the Organization for Security and Cooperation in Europe has been of particular importance to Pridnestrovskaia Moldavskaia Respublica. The OSCE as a mediator in the negotiation process between Moldova and Pridnestrovie has been an important factor in ensuring regional stability. Pridnestrovie intends to rest on the European experience in the future for its positive political, economic, scientific and technical, and cultural development. 5. Pridnestrovskaia Moldavskaia Respublica in international economic relations One of the foreign policy priorities for Pridnestrovskaia Moldavskaia Respublica is to facilitate development of the national economy. To this end, Pridnestrovie will take a range of organizational and administrative measures to: a) create favourable external conditions to establish a market economy in Pridnestrovie; b) expand domestic exports and rationalize imports into the country; c) attract foreign investments into Pridnestrovie. 6. Informational aspect of the foreign policy of Pridnestrovskaia Moldavskaia Respublica A significant aspect of the foreign policy of Pridnestrovskaia Moldavskaia Respublica is to provide the whole international community with the objective information on the main international issues in the settlement of relations between Pridnestrovie and Moldova, on the main international problems, on initiatives and moves of Pridnestrovskaia Moldavskaia Respublica taken in the foreign policy. A top priority task is to create a positive image of Pridnestrovskaia Moldavskaia Respublica abroad. 7. Elaboration and conducting of the foreign policy The Foreign Policy Concept of Pridnestrovskaia Moldavskaia Respublica embodies the state ideology in the sphere of international relations, establishes guidelines, ways and methods of upholding Pridnestrovien national interests in the international affairs. President of Pridnestrovskaia Moldavskaia Respublica in accordance with the Constitution and legislation of Pridnestrovskaia Moldavskaia Respublica shall have an overall charge over the Pridnestrovien foreign policy and as a head of state represent Pridnestrovie in the international relations. The Supreme Soviet of Pridnestrovskaia Moldavskaia Respublica shall adopt the Foreign Policy Concept, create conditions for its implementation through adoption and ratification of necessary state acts and international acts, and within its constitutional competences carry out a legislative activity to provide a legal basis for Pridnestrovskaia Moldavskaia Republic to pursue its foreign political course and to meet its international commitments.
The Ministry of Foreign Affairs of Pridnestrovskaia Moldavskaia Respublica shall carry out the foreign policy in practice, control meeting of Pridnestrovien international commitments and coordinate international political activity of executive bodies.
1. The Republic of Moldova and Pridnestrovie (hereinafter \"the Parties\"), recognizing their responsibility for re-integration of the country, ensuring civil peace and comprehensive democratic development, have agreed, that the Transdniestrian issue shall be finally settled through reorganizing the state system of the Republic of Moldova in order to create a single independent, democratic, based on federative principles state, to be established within the borders of the Moldavian SSR as of January 1, 1990.
2. The Parties believe, that practical mechanisms of settling the Transdniestrian issue shall be implemented on the basis of joint working out, preliminary public discussion and adoption of a new Constitution of the united state - the Federative Republic of Moldova.
3. The new Constitution of the united state shall establish the following basic principles of the state system:
3.1. The Federative Republic of Moldova (hereinafter \"the Federation\") shall be a democratic, sovereign federal state, based on the principle of common territory, common principles of state power arrangement, common defence (during an interim period), customs, and monetary spaces.
The Federation shall be a neutral demilitarized state. Terms and the manner of abolition of the Armed Forces, social and other guarantees for servicemen of the Republic of Moldova and Pridnestrovie shall be provided by federal organic law.
Prior to the full demilitarization of the Federation, the Armed Forces shall be formed and operate on the basis of the territorial principle of recruitment of the military units and cannot be involved in the law-enforcement activity and ensuring public security on the territory of the Federation. The Armed Forces of the Federation shall be under command of an authorized federal organ of executive power. The maximum manpower of law-enforcement and public security organs shall be established by federal organic law.
3.2. Free movement of people, goods, services, and capital shall be recognized and ensured on the territory of the Federation.
3.3. The Constitution of the Federation, federal ordinary laws adopted in accordance with the Constitution on the matters under jurisdiction of the Federation and federal organic laws on the matters under the joint jurisdiction of the Federation and the Subjects of the Federation, as well as other acts of federal organs of state power to be adopted for implementation of the Constitution and federal laws, shall be applied directly throughout the territory of the Federation and be binding for all organs of state power, organs of local self-government, juridical and physical persons.
3.4. The territory of the Federation shall comprise the territories of the Subjects of the Federation and the federal territory. The federal territory shall be the territory of the Federation except for the territories of the Subjects of the Federation. Within the federal territory, all powers of legislative, executive and judicial authorities on the matters under the jurisdiction of the Subjects of the Federation shall be exercised directly by the Federal President, Federal Parliament, Federal Government, and federal courts respectively, and in cases stipulated by laws of the federal territory - by organs of local self-government.
3.5. Pridnestrovskaia Moldavskaia Respublica shall be the Subject of the Federation, a state formation within the Federation; it shall form its own organs of legislative (the Supreme Soviet of Pridnestrovskaia Moldavskaia Respublica), executive (President of Pridnestrovskaia Moldavskaia Respublica and Government of Pridnestrovskaia Moldavskaia Respublica), and judicial authority, shall have its own Constitution and legislation, state property, independent budget and tax system, as well as its own state symbols and other attributes of its state status. The autonomous territorial unit Gagauzia shall be the Subject of the Federation, shall form its own state organs of legislative, executive, and judicial authority, shall have its own Constitution and legislation, state property, independent budget and tax system, as well as its own state symbols and other attributes of its state status.
3.6. Constitutional and legal status, as well as boundaries of the territories of the Subjects of the Federation cannot be changed without their consent.
3.7. Moldavian shall be the state language of the Federation. Russian shall be the official language on the whole territory of the Republic of Moldova. Along with Moldavian and Russian languages, the Constitutions of the Subjects of the Federation can establish other official languages on the territories of the Subjects of the Federation. Records shall be kept on the territories of the Subjects of the Federation by all organs of state power and organs of local self-government in the state and official languages. The Federation guarantees for all citizens residing on its territory the right to retain their mother tongue, to create conditions for its studying and development.
3.8. The Federation shall be the subject of international law and member of international world and regional organizations, where membership is conditioned by possession of international personality by a state. The Federation shall be the successor of the Republic of Moldova in international relations.
3.9. The Federation shall establish its international relations with foreign countries and international organizations, and conclude international treaties and agreements. Ratified international treaties of the Federation and generally recognized principles of international law shall have priority over laws of the Federation.
3.10. International treaties related to the matters under the jurisdiction of the Federation shall be subject to ratification by federal ordinary laws.
3.11. International treaties related to the matters under the joint jurisdiction of the Federation and the Subjects of the Federation (hereinafter \"matters under the joint jurisdiction\") shall be subject to ratification by federal organic laws. While negotiating an international treaty related to the matters under the joint jurisdiction, the Federal Government in order to take into account opinions of the Subjects of the Federation shall hold preliminary consultations with organs of state power of the Subjects of the Federation and ensure participation in the negotiations of representatives of authorized organs of the Subjects of the Federation in the manner provided by federal organic law.
3.12. The Subjects of the Federation can be members of international world and regional organizations, where international personality of a state is not a compulsory condition for membership, can maintain international relations, conclude international treaties related to the matters under the jurisdiction of the Subjects of the Federation, and establish representations (without status of diplomatic missions and consulates) in foreign countries.
3.13. If the Federation opts for affiliation to a foreign state and(or) completely loses its sovereignty, the Subjects of the Federation shall have the right to secede from the Federation.
3.14. A Subject of the Federation shall secede from the Federation on the basis of decisions taken at a nation-wide referendum of the Subject of the Federation by a majority of voters registered on the territory of the Subject of the Federation. The abovementioned referendum shall be called by a legislative (representative) organ of state power of the Subject of the Federation, given there are grounds for such a secession. The referendum shall be organized and logistically supported by organs of state power and organs of local self-government of the Subject of the Federation.
3.15. The Constitution of the Federation shall specify matters falling under jurisdiction of the Federation, matters falling under joint jurisdiction, as well as matters under the jurisdiction of the Subjects of the Federation.
4. The matters falling under jurisdiction of the Federation shall be as follows:
4.1. Federal state property and its management;
4.2. Currency regulations, issue of money;
4.3. Air, railway, marine transport;
4.4. Foreign policy, external trade, and international treaties of the Federation, declaring war and making peace;
4.5. Citizenship of the Federation, emigration and immigration matters;
4.6. Bringing under regulations manufacturing, selling and buying weapons and ammunitions; production of toxic substances, drugs, and the order of using them;
4.7. Determining a status and protection of the state borders, the air space of the Republic of Moldova, the borderland regime;
4.8. Collision law;
4.9. Meteorology, geodesy, cartography, standards, metric system and calendar;
4.10. Federal statistics and accounting;
4.11. Federal state awards and honorary titles.
5. The matters falling under joint jurisdiction shall be as follows:
5.1. Regulation of human rights and freedoms, rights of national minorities;
5.2. Customs regulation, operation of the Federal Central Bank;
5.3. Grids, pipelines, communication;
5.4. Judicature, establishment and operation of law-enforcement organs, criminal, and criminal procedural legislation, amnesty and pardon, laws related to administrative offences;
5.5. Civil, labour, civil procedural, and arbitration procedural legislation, legal regulation of intellectual property, general principles of organization and operation of notaries\' institutions;
5.6. Ownership, use and disposal of land, entrails of the earth, water and other natural resources;
5.7. Division of the public property to the federal one and the property of the Subjects of the Federation;
5.8. Federal budget, federal taxes, dues, duties, and other compulsory payments, state regulation of prices for commodities and services, antimonopoly regulation;
5.9. Environmental protection and ensuring ecological security, protection of unique natural resources, historical and cultural monuments of federal importance;
5.10. General principles of education and social security;
5.11. Matters related to combating disasters, natural calamities. epidemics, and liquidation of their consequences;
5.12. General principles of external economic activity of citizens and juridical persons;
5.13. Suffrage.
6. The matters falling under jurisdiction of the Subjects of the Federation shall be as follows:
6.1. Regulation of external economic activity on the matters under the jurisdiction of the Subjects of the Federation, which is performed by organs of state power of the Subjects of the Federation at the expense of the Subjects of the Federation, as well as external economic activity of citizens and institutions within the competences provided by federal organic laws;
6.2. Establishing a system of organs of state power of the Subjects of the Federation;
6.3. Administrative laws regulating operation of organs of state power of the Subjects of the Federation;
6.4. Matters related to local self-government, establishing and ensuring of guarantees for the right of citizens to local self-government;
6.5. Family and housing legislation;
6.6. Public health matters;
6.7. Organization and operation of the Bar;
6.8. State property of the Subjects of the Federation and property management;
6.9. Approval and performance of budgets of the Subjects of the Federation, control over the budget implementation of the Subjects of the Federation;
6.10. Culture and art, protection of historical and cultural monuments of regional importance, physical training and sport;
6.11. Town planning and architecture matters;
6.12. State awards and honorary titles of the Subjects of the Federation;
6.13. Matters related to additional measures of social security for citizens residing on the territory of the Subjects of the Federation, at the expense of budgets of the Subjects of the Federation;
6.14. Other matters not falling under jurisdiction of the Federation and joint jurisdiction.
7. a) relations on the matters under the jurisdiction of the Federation, including defining competences of all levels and branches of public authority over these matters, shall be regulated by federal ordinary laws;
b) relations on the matters under the joint jurisdiction, including defining competences of all levels and branches of public authority over these matters, shall be regulated by federal organic laws;
c) Federal ordinary laws, federal organic laws establishing competences of organs of public authority of the Subjects of the Federation over the matters under the jurisdiction of the Federation and the matters under the joint jurisdiction involving budget expenditures, shall include provisions envisaging allocation of purpose-oriented subventions from the federal budget to the budgets of the Subjects of the Federation and(or) to municipal budgets, as well as the way (method) of calculation of such subventions;
d) relations on the matters under the jurisdiction of the Subjects of the Federation, including defining competences of organs of state power and organs of local self-government of the Subjects of the Federation, shall be regulated by laws of the Subjects of the Federation. On the matters under the jurisdiction of the Subjects of the Federation, organs of state power of the Subjects of the Federation shall have the absolute state authority.
e) relations on the matters specified in the Constitution of the Federation as falling under jurisdiction of the Subjects of the Federation, outside the territories of the Subjects of the Federation shall be regulated by laws of the federal territory.
f) laws of the Subjects of the Federation can regulate relations on the matters under the jurisdiction of the Federation and under the joint jurisdiction within the legislative competences of the Subjects of the Federation provided by the Constitution of the Federation, federal organic laws, and federal ordinary laws.
8. a) The federal budget shall be formed from federal taxes, dues, other compulsory payments established by federal organic laws, as well as from incomes of privatization and another use of federal property.
b) Budgets of the Subjects of the Federation shall be formed from the established by laws of the Subjects of the Federation regional taxes and dues, incomes from privatization and another use of state property of the Subjects of the Federation, as well as from established by federal organic laws deductions from federal taxes, dues, duties and other payments.
c) Composition and maximum rates of municipal taxes and dues shall be provided by federal organic law.
9. a) The federal legislature shall be the Federal Parliament consisting of two chambers - the Senate and the House of Representatives.
b) The Senate shall be composed of 26 Senators to be elected for a five year term, with four of them to be elected by the Peoples Assembly of the autonomous territorial unit Gagauzia, nine - by the Supreme Soviet of Pridnestrovskaia Moldavskaia Respublica, and thirteen - by the House of Representatives of the Federal Parliament. Senators shall have an imperative mandate.
c) The House of Representatives shall consist of 71 deputies to be elected for a four year term in accordance with federal organic law on the basis of universal, direct and equal suffrage by secret ballot in a single constituency according to the proportional electoral system.
10. a) Federal organic laws shall be adopted in the House or Representatives by a simple majority of votes from the established number of deputies of the House of Representatives, shall be approved in the Senate by a simple majority of votes of the established number of Senators, and are subject to promulgation by the federal President. A federal organic law shall be considered rejected in case of its disapproval in the Senate.
b) Federal ordinary laws shall be adopted in the House or Representatives by a simple majority of votes from the established number of deputies of the House of Representatives, shall be approved in the Senate by a simple majority of votes of the established number of Senators, and are subject to promulgation by the federal President. Veto of the Senate imposed on federal ordinary laws and veto of the federal President set on federal organic laws and federal ordinary laws may be overcome through second adoption of the law concerned by a qualified majority of at least two-thirds of votes from the established number of deputies of the House of Representatives.
c) Laws of the federal territory shall be adopted in the House of Representatives by a simple majority of votes of the established number of deputies of the House of Representatives and are subject to promulgation by the federal President. Laws of the federal territory are not subject to approval by the Senate.
d) The Constitution of the Federation shall be amended through federal constitutional laws to be adopted in the House of Representatives by a majority of at least two-thirds of votes of the established number of deputies of the House of Representatives, shall be approved in the Senate by a majority of at least 4/5 of votes of the established number of Senators. A federal constitutional law shall be considered rejected in case of its disapproval in the Senate.
11. Head of state shall be the Federal President to be elected for a five year term in accordance with federal organic law on the basis of universal, direct and equal suffrage by secret ballot in a single constituency on the whole territory of the Federation.
12. a) Executive power in the Federation shall belong to the federal Government.
b) The Chairman and members of the Federal Government shall be appointed by the Senate on presentation by the federal President. The Chairman of the Federal Government shall have deputies, with two of them to be appointed by the Federal President on presentation by the Chairman of the Federal Government and in coordination with authorized organs of state power of the Subjects of the Federation.
c) Heads and deputy heads of federal organs of executive power shall be appointed to their offices in accordance with the principle of proportional representation of the Subjects of the Federation. The manner of ensuring representation of the Subjects of the Federation in federal organs of executive power shall be provided by corresponding federal ordinary laws and(or) federal organic laws.
d) Heads and other officials of territorial bodies of federal executive organs to be appointed to and relieved of their posts by federal executive organs and exercising in the Subjects of the Federation executive and administrative powers on the matters under the jurisdiction of the Federation, as well as on the matters under the joint jurisdiction, shall be appointed and relieved of their posts with the consent of competent organs of state power and officials of the Subjects of the Federation.
13. To administer civil, administrative, and criminal justice, in accordance with federal organic law the Federal Supreme Court, courts of appeal, and courts of the first instance shall be established in the Federation. To administer constitutional justice the Federal Constitutional Court shall be established.
13.1. The Federal Supreme Court shall be the highest appeal and(or) cassation instance for civil, administrative, and criminal cases. The Supreme Court shall be formed by the Senate.
13.2. The Federal Constitutional Court shall consist of 11 judges, with 6 of them to be appointed by the House of Representatives, 1 - by the Peoples Assembly of the autonomous territorial unit Gagauzia, and 4 - by the Supreme Soviet of Pridnestrovskaia Moldavskaia Respublica. Composition of the Federal Constitutional Court shall be approved by the Senate.
13.3. Judges of courts of the first instance and the appeal instance shall be appointed in the Subjects of the Federation in the manner provided by laws of the Subjects of the Federation.
14. The Constitution of the Federation shall envisage transitional provisions specifying that:
14.1. The Senate shall be formed no later than on February 1, 2005.
14.2. Deputies of the House of Representatives of the first (after the adoption of the Constitution of the Federation) convocation shall assemble on April 30, 2005 at the latest in accordance with electoral procedures to be agreed by the Parliament of the Republic of Moldova and the Supreme Soviet of Pridnestrovie.
14.3. The Government of the Republic of Moldova shall resign before the newly elected Senate, which shall approve the Chairman of the federal Government in the manner provided by the Constitution of the Federation.
14.4. Election of the federal President shall be held under federal organic law on May 31, 2005 at the latest.
14.5. Reorganization or abolition of courts operating on the territory of the Republic of Moldova and Pridnestrovie, with establishment of the Federal Supreme Court and other courts in accordance with the new Constitution, shall be done in the manner and terms provided by federal organic law.
14.6. The manner and terms of formation of federal executive organs exercising on the territory of the Subjects of the Federation powers on the matters under the jurisdiction of the Federation, as well as on the matters under the joint jurisdiction, shall be provided by corresponding federal ordinary laws and federal organic laws. Prior to adoption of the abovementioned laws, executive organs of Pridnestrovie shall exercise their powers in accordance with laws of Pridnestrovie, unless otherwise provided by agreements between the federal Government and an authorized organ of state power of Pridnestrovskaia Moldavskaia Respublica.
14.7. Federal taxes, dues, and other compulsory payments shall be levied on the territory of Pridnestrovskaia Moldavskaia Respublica beginning from January 1, 2007. Till January 1, 2007, Pridnestrovskaia Moldavskaia Respublica shall make into the federal budget an annual contribution equivalent 1/6 of the federal budget expenditures for maintenance of federal organs of state power, with the exception of expenditures for paying off and servicing the public debt of the Republic of Moldova incurred as of the date of entry into force of the Constitution of the Federation, as well as expenditures for maintenance of federal organs of state power exercising their powers on the matters under the jurisdiction of the Subjects of the Federation outside the territories of the Subjects of the Federation.
14.8. Financial obligations incurred by the Republic of Moldova before entry into force of this Constitution shall be fulfilled from the federal budget, and financial obligations of Pridnestrovie - from the budget of Pridnestrovskaia Moldavskaia Respublica.
14.9. State, municipal, and private property rights acquired under laws of Pridnestrovie before entry into force of the Constitution of the Federation shall not be subject to revision, but shall be recognized and protected on the territory of the Federation.
14.10. The right of ownership on the property being in the public ownership of Pridnestrovie shall be divided into the federal property and the property of Pridnestrovskaia Moldavskaia Respublica in accordance with federal organic law on the basis of division of powers into the matters under the jurisdiction of the Federation and the matters under the joint jurisdiction established by corresponding federal laws and federal organic laws. The property being in the state ownership of the Subjects of the Federation shall be transferred to the municipal ownership, as well as privatized in accordance with laws of the Subjects of the Federation.
14.11. Till 2015, federal organic laws shall be approved by a 3/4 majority of votes of the established number of Senators.
14.12. Till 2020 the House of Representatives shall be elected in accordance with federal organic law on the basis of universal, direct and equal suffrage by secret ballot according to proportionate electoral system on the basis of a federal list of candidates and regional lists of candidates (to be compiled in proportion to the population of respective territories).
14.13. Till 2015, the Federal Constitutional Court shall make decisions at least by nine votes.
15. To prepare a draft Constitution of the Federation the Parties have established the Joint Constitutional Commission composed of plenipotentiaries from each of the Parties, and invited international experts from the guarantor-countries, the Organization for Security and Cooperation in Europe (the OSCE), European Union, as well as the European Commission For Democratization Through Law (Venice Commission) of the Council of Europe as observers. The Joint Constitutional Commission shall work according to its own regulations and consider the principles of the state system provided by this Memorandum to be determinative and obligatory while working out the draft Constitution of the Federation.
The draft Constitution of the Federation shall be published in the media for public discussion on March 31, 2004 at the latest. The nation-wide referendum on adoption of the Constitution of the Federation shall be held no later than on October 31, 2004.
The leaderships of the Republic of Moldova and Pridnestrovie undertake commitments and guarantees to provide all conditions needed for holding a nation-wide referendum on the entire territory of the Republic of Moldova within its internationally recognized borders in accordance with democratic standards of the Organization for Security and Cooperation in Europe and the Council of Europe.
Beginning from the day of adoption of this Memorandum, on the territories of the Parties there should be no restrictions on activity of political and social associations, on distribution of the media registered by competent bodies of the sides, as well as on movement of representatives of organs of state power and citizens. As far as the referendum is concerned, campaign shall be conducted without any restrictions in accordance with laws of the Parties.
The Constitution of the Federation shall be considered as adopted, if a majority of eligible voters cast their votes in its favour on the territories of the Parties, with counting of the votes taken separately. Single agreed by the Parties standard voting paper shall be used for the voting procedure at the referendum. Nonadoption of the Constitution of the Federation at the referendum shall not lead to changing the actual status of the Parties. In this case the Parties shall undertake to continue their work on working out and submit to the referendum a new draft Constitution of the Federation within a six month period.
The Republic of Moldova and the Pridnestrovskaia Moldavskaia Respublica (Pridnestrovie), hereinafter called \"the Parties\", proceeding from the principles fixed in the May 8, 1997 Memorandum on the Bases for Normalization of Relations Between the Republic of Moldova and Pridnestrovie, as well as following provisions of the March 20, 1998 Agreement on the Confidence Building Measures and Developing Contacts Between the Republic of Moldova and Pridnestrovie and Protocol on Some Immediate Steps for Activization of the Pridnestrovien Issue Political Settlement, determined to settle as soon as possible relations between the Republic of Moldova and Pridnestrovie under the norms and principles of international law, including principles of territorial integrity of states and the right of peoples to self-determination,
1. The Parties proclaim establishing a Common State within the borders of the former Moldavian SSR as of January 1990.
2. The Common State consists of two subjects equal in rights - the Republic of Moldova and the Pridnestrovskaia Moldavskaia Respublica (Pridnestrovie), - and is an independent sovereign state being a subject of international law.
3. The Republic of Moldova and the Pridnestrovskaia Moldavskaia Respublica (Pridnestrovie) are state territorial formations within the Common State.
4. The Parties adopt symbols of the Common State to be used along with the state symbols of the Republic of Moldova and the Pridnestrovskaia Moldavskaia Respublica (Pridnestrovie).
5. The Parties can establish legislative, executive, judicial authorities of the Common State on an equal agreed basis.
6. Decisions of organs of the Common State affecting interests of its subjects cannot be taken without consent of respective authorities of the Republic of Moldova and the Pridnestrovskaia Moldavskaia Respublica (Pridnestrovie).
7. The Parties adopt a Constitutional Act. Constitutions of the Parties should not contradict the Constitutional Act. The Constitutional Act establishes competencies of the Common State and governs constitutional and legal relations between the Parties.
8. The Parties will sign a Treaty \"On Common State\" and a Treaty \"On Delimitation and Delegation of Competences and Powers within the Common State\", other appropriate agreements, which, along with the Constitutional Act, will establish constitutional and legal basis of the Common State.
9. The Parties establish an All-Nation Council. When establishing organs of power of the Common State, balance between representatives of the Parties in the All-Nation Council should be determined on an agreed basis.
10. As provisions for relationship of the Parties in specific spheres are agreed, corresponding agreements are signed.
11. For settling disputes, which may arise with respect to implementation of this Declaration and the Constitutional Act, a High Court of the Common State on an equal basis should be established. Decisions of the High Court are bound for each of the Parties and are taken on the basis of consensus.
12. The Parties agree, that the Common State operates within common borders, common legal, economic, social and defense spaces.
The spheres of common competences of the Parties on an agreed basis include:
(a) ensuring rights and freedoms of person and citizen;
(b) foreign policy;
(c) border service;
(d) customs service;
(e) ecology and liquidation of consequences of natural calamities;
(f) power engineering, transport and communications.
13. The Parties can decide to give the Common State additional powers. The powers agreed by the Parties will be exercised on a stage-by-stage basis according to comprehensive plans and programmes to be worked out jointly.
14. The Parties adopt a comprehensive Agreement on guarantees, fixing mutual guarantees of the Parties, external guarantees and mechanism for their unconditional implementation.
For the Pridnestrovskaia Moldavskaia Respublica For the Republic of Moldova
For the guarantor-states:
For the Russian Federation For Ukraine
In the presence of the Head of the OSCE Mission to Moldova
In order to strengthen coordinating role of Ministry of Foreign Affairs of the Pridnestrovien Moldavian Republic in execution of common foreign policy line of the Pridnestrovien Moldavian Republic, I hereby resolve as follows:
Following provisions of the April 9, 2001 Joint Statement of the leaders of the Republic of Moldova and Pridnestrovie, the May 8, 1997 Memorandum on the Bases for Normalization of Relations Between the Republic of Moldova and Pridnestrovie, the July 16, 1999 Joint Statement of the Participants of the Kiev Meeting on the Issues of Normalization of Relations Between the Republic of Moldova and Pridnestrovie, and in order to establish necessary conditions for a real improvement of the economic situation, well-being of the population, the Parties have agreed as follows:
1. To take as a basis for regulating by the Parties import and export operations tax and customs legislation envisaging requirements of the World Trade Organization and the World Customs Organization, as well as legislations of the CIS and European community participating states.
To establish an expert working group for studying legislations and putting forward proposals by July 15, 2001 on changing tax and customs legislations of the Parties.
2. To put the legislations of the Parties, by December 31, 2001, in line with the regime of unimpeded movement of physical persons, as well as goods and services throughout the territory of the Republic of Moldova and Pridnestrovie; then to remove internal customs and tax posts located at the entry and exit points from both sides.
3. To consider the question about establishing beginning from September 1, 2001 joint customs control on the State border between the Republic of Moldova and Ukraine.
JOINT STATEMENT
of Participants in the Kiev Meeting
on Issues of Normalisation of Relations
between the Republic of Moldova and Transdniestria
President of Ukraine L.D. Kuchma, President of the Republic of Moldova P.C. Lucinschi, Head of Government of the Russian Federation S.V. Stepashin, leader of Transdniestria I.N. Smirnoff and representative of the OSCE Chairman-in-Office K. Eide express their satisfaction with the meeting that took place and allowed discussion of the state of the process of resolving of the Transdniestrian issue and to chart paths for eliminating the causes slowing down its progressive development. They noted that in the absence of historical, religious, national and other contradictions there are no objective obstructions to achievement of a political settlement of the problem.
This aim is facilitated by the explicit resolve of the parties to intensify negotiations on the elaboration of the status of Transdniestria on the basis of their own proposals, including the ones of 13 July 1999, as well as on the basis of proposals of the mediators, taking into account the initiatives put forward in the course of the present meeting.The parties have agreed to construct their relations on the following principles: common borders and common economic, legal, defence and social domains.
The leaders instructed the relevant bodies to prepare draft documents on the establishment of mechanisms to implement the above-mentioned provisions.
Ukraine and the Russian Federation, as guarantor states, as well as the OSCE, confirming their readiness to contribute in every possible way to the settlement, note that progress in this area is possible only under the condition that the parties manifest political will and an aspiration for reasonable compromises. Providing there is constructive cooperation of the parties with participation of the mediators there are real perspectives of finding a mutually acceptable formula for a final settlement and complete normalization of relations between the Republic of Moldova and Transdniestria.
The parties value highly the initiative of President of Ukraine L.D. Kuchma concerning the step-bystep settlement of relations between the Republic of Moldova and Transdniestria.
Participants in the Kiev meeting confirm their dedication to seek a solution of existing problems exclusively by political means.
For the Republic of Moldova For Transdniestria
P. Lucinschi I. Smirnov
For Ukraine For the Russian Federation
L. Kuchma S. Stepashin
In the Presence of Representative of the OSCE
K. Eide
Agreement on Confidence Measures and Development of Contacts
between Republic of Moldova and Transdniestria
The leadership of the Republic of Moldova and Transdniestria, hereinafter referred to as the Parties, proceeding from the provisions, set down in the Memorandum on the Bases for Normalization of Relations between the Republic of Moldova and Transdniestria of 8 May 1997, in statements of the Presidents of the Russian Federation and Ukraine, striving to bring closer a complete settlement of the conflict, with a view to creating an atmosphere conducive to the re-establishment of mutual understanding and the facilitation of contacts between people, have agreed to implement the following measures without delay :
First. Within a period of two months to reduce the numerical composition of the peacekeeping forces of the Republic of Moldova and of the Transdniestrian region in the security zone down to approximately 500 military men from each side together with their military equipment and arms.
Second. In co-ordination with the Joint Military Command to reduce the number of stationary checkpoints and posts of the Joint Peacekeeping Force, replacing them by mobile patrolling.
Third. Within a month the Joint Control Commission (JCC) is to submit an analysis of the fulfillment of the Agreement on Principles of the Peaceful Settlement of the Armed Conflict of 21 July 1992 with a view to outlining measures to secure the complete implementation of its provisions and a lessening of the military confrontation in the security zone taking into account its stage-by-stage demilitarization. Proceeding from this perspective, the Parties support the proposal to despatch into the security zone Ukrainian peace-keepers (at the present moment - monitors).
Fourth. The Commission for Co-ordination and Safeguarding of the Process of Negotiations within two months shall work out coordinated proposals concerning the stage-by-stage reduction of the number of border posts between the Republic of Moldova and Transdniestria together with other measures with the purpose of establishing a regime that favors the movement of people, commodities and services.
Fifth. Before the 1st of May of the current year to bring into operation the vehicular bridge across the Dniester river in the area of the city of Dubossar, after determining a mechanism for ensuring the necessary security measures in the framework of the JCC.
To create the necessary conditions for carrying out reconstruction and the earliest bringing into operation of the vehicular bridge in the area of the settlement of Gura Bicului.
Sixth. The Parties will actively contribute to the earliest withdrawal from Transdniestria of excess Russian military equipment. They welcome the readiness of Ukraine to provide transit of the given equipment across its territory.
Seventh. Within a month the Parties will create a joint working group for the working out of a complex program to combat illegal trafficking of drugs and arms organized by criminals.
Eighth. The Parties will refrain from steps leading to a propaganda and informational confrontation; they will objectively inform about the course of the process of the Transdniestrian settlement talks.
Ninth. The Parties will establish joint programs to support investment projects, to reconstruct industrial enterprises, electric power objects, to liquidate the consequences of natural calamities and to protect the environment.
Tenth. The Parties confirm their commitment to strictly observe and to directly protect human rights and freedoms in compliance with the principles and norms of international law.
The Russian Federation and Ukraine as guarantor-states proclaim their readiness to assist in every way the implementation of this Agreement.
The Parties highly appreciate the intermediary activity of the OSCE on questions of a Transdniestrian settlement.
For the Republic of Moldova For Transdniestria
P. Lucinschi I. Smirnov
For the Russian Federation For Ukraine
V. Chernomyrdin L. Kuchma
In the Presence of Head of the OSCE Mission
John M. Evans
JOINT STATEMENT OF THE MEDIATORS:
RUSSIA, UKRAINE AND THE OSCE
Representatives of the Presidents of Russia and Ukraine, the Head of the OSCE Mission to Moldova, noting the importance of a complete and unconditional fulfilment of the Odessa agreements welcome the concrete steps of the leadership of the Republic of Moldova aimed at the consolidation of measures of mutual trust.
The withdrawal of a part of the Moldovan contingent of the peacekeeping forces with their organic military equipment and armament gives evidence of the adherence of Chisinau to its commitments.
This contributes to the continuation of the process for a final and just settlement of the Transdniestrian problem. We express firm hope that the leadership of Transdniestria will take similar constructive steps towards a complete implementation of the commitments undertaken in Odessa this year with the participation of leaders of the guarantor-states and Head of the OSCE Mission to Moldova.
We are convinced that only on the basis of goodwill is possible a successful conclusion of a Transdniestrian settlement.
Representative of the President Representative of the President
MEMORANDUM
On the Bases for Normalization of Relations
Between the Republic of Moldova and Transdneistria
The leadership of the Republic of Moldova and Transdniestria, hereinafter referred to as the Parties;
Proceeding from the necessity for the fastest and full solution of relations between the Republic of Moldova and Transdniestria exclusively through peaceful political means;
Reaffirming their commitment to the principles of the UN, OSCE, and generally recognized norms of international law, and also to the agreements reached previously between the Republic of Moldova and Transdniestria;
Recognizing the responsibility for securing civil peace, international concord, the strengthening of stability and security in this area of Europe;
According prime importance to the realization of basic human rights and freedoms of the individual, notwithstanding ethnic origin, religious belief, political tenets, place of residence and other differences;
Considering that uniting of their spiritual and material resources will speed the decision of common economic and social problems and will open the possibility for constructing a modern flourishing society through joint efforts;
Through the mediation of the Russian Federation, Ukraine and the OSCE Mission,
Have agreed to the following:
1. The Parties reaffirm their commitment not to resort to the use of force or the threat of force in their mutual relations. Any differences shall be resolved exclusively by peaceful means, through negotiations and consultations with the assistance and mediation of the Russian Federation and Ukraine, as guarantor States for the fulfillment of agreements achieved; of the OSCE and the assistance of the CIS [Commonwealth of Independent States].
2. The Parties shall continue the establishment between them of state-legal relations. The Document, defining these relations, the status of Transdniestria, shall be based on the principles of mutually agreed decisions, including the division and delegation of competencies, and mutually assured guarantees.
The Parties will proceed to the elaboration of this document immediately after the signing of this Memorandum, giving consideration to all previously achieved principled agreements, including those achieved on 17 June 1996.
3. Transdniestria shall participate in the conduct of the foreign policy of the Republic of Moldova - a subject of international law - on questions touching its interests. Decision of such questions shall be taken by agreement of the Parties.
Transdniestria has the right to unilaterally establish and maintain international contacts in the economic, scientific-technical and cultural spheres, and in other spheres by agreement of the Parties.
4. The Parties direct a request to the Russian Federation, Ukraine, and the OSCE to continue their mediating efforts for the achievement of a lasting and comprehensive normalization of relations between the Republic of Moldova and Transdniestria.
5. The Republic of Moldova and Transdniestria will act as mutual guarantors of the full and unconditional fulfillment of the agreements on relations between them.
6. The Parties welcome the declaration of the Russian Federation and Ukraine about their readiness to act as Guarantor States for the observance of the provisions set forth in the respective documents about the status of Transdniestria and the agreements set forth in the present Memorandum.
7. The Parties direct a request to the OSCE to continue its assistance for the compliance of the agreements between them.
8. The Parties declare the necessity to elaborate a mechanism of guarantees by all the participants in the negotiating process.
9. The Parties reaffirm that activities for maintaining peace, carried out by the Joint Peace-keeping forces in the Security Zone in accordance with the agreement between the presidents of the Republic of Moldova and the Russian Federation dated 21 July 1992 “On the Principles of Peaceful Settlement of the Armed Conflict in the Transdniestrian Region of the Republic of Moldova” shall be continued.
10. In the event of a violation of these agreements, the Parties have the right to address themselves to the Guarantors for the carrying out of consultations with the goal of taking measures for normalizing the situation.
11. The Parties shall build their relations in the framework of a common state within the borders of the Moldavian SSR as of January of the year 1990.
For the Republic of Moldova For Transdniestria
P. Lucinschi I. Smirnov
For the Guarantor States
For the Russian Federation For Ukraine
B. Yeltsin L. Kuchma
In the presence of the Chairman-in-Office of the OSCE
N. Helveg Petersen
