02/20/02
DECLARATION ON THE BASES FOR STATE-LEGAL RELATIONS BETWEEN THE REPUBLIC OF MOLDOVA AND PRIDNESTROVIE
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
