OF THE PRIDNESTROVIAN MOLDAVIAN REPUBLIC
(CURRENT EDITORIAL AS OF 20 AUGUST 2016)
CONSTITUTIONAL LAW
PRESIDENT
OF THE PRIDNESTROVIAN MOLDAVIAN REPUBLIC
We, multinational people of the Pridnestrovian Moldavian Republic,
- united by the common fortune on our land;
- maintaining human rights and freedoms, as well as free development of person;
- proceeding from the responsibility for our Motherland before the current and future generations;
- confirming our commitment to the common to all mankind values, striving for life in peace and harmony with all peoples according to generally recognized principles and norms of international law;
- establishing the legal state, which would ensure the rule of law as an expression of will of the people;
- honoring the memory of our ancestors, who have passed us love and respect to our Motherland;
- wishing to ensure well-being and prosperity to Pridnestrovie,
adopt the Constitution of the Pridnestrovian Moldavian Republic
SECTION I. PRINCIPLES OF THE CONSTITUTIONAL SYSTEM
Article 1
The Pridnestrovian Moldavian Republic is a sovereign, independent, democratic, legal state.
Its people is the bearer of sovereignty and the only source of power in the Pridnestrovian Moldavian Republic.
The people exercises its power directly, as well as through organs of state power and institutions of local self-government.
Referendum and free elections are the highest direct expression of the power of the people.
No one can assume power in the Pridnestrovian Moldavian Republic. Seizure of power and appropriation of powers of authority are the gravest crime against the people.
Article 2
The Constitution of the Pridnestrovian Moldavian Republic is of highest legal force and direct action. Organs of state power and management, institutions of local self-government, officials, public associations and citizens must observe the Constitution and laws of the Pridnestrovian Moldavian Republic.
Article 3
Citizenship of the Pridnestrovian Moldavian Republic is granted and forfeited in accordance with the constitutional law, and is equal for all citizens irrespective of the reasons for its acquiring.
A citizen of the Pridnestrovian Moldavian Republic cannot be deprived of his citizenship or of the right of changing it. A citizen of the Pridnestrovian Moldavian Republic can have a citizenship of another state, i.e. - double citizenship.
Unless otherwise provided by law, foreign citizens and stateless persons enjoy rights and freedoms exercised by citizens of the Pridnestrovian Moldavian Republic.
Article 4
State, private, and other forms of ownership are recognized in the Pridnestrovian Moldavian Republic.
All forms of ownership are equally protected by the state.
Article 5
Soil, entrails of the earth, waters, forests, airspace, as well as other natural resources are objects of exclusive ownership of the state. Plots can be in the lifelong use of citizens with the right of succession, with their maximum size and the order of using stipulated by law.
Article 6
State power in the Pridnestrovian Moldavian Republic is exercised on the basis of its division to legislative, executive, and judicial. Organs of legislative, executive, and judicial powers, within their own competences, are independent.
Article 7
In the Pridnestrovian Moldavian Republic, a local self-government is recognized and ensured, consisting of Soviets of People's Deputies and organs of territorial public self-government, which directly, or through their elected organs, independently tackle social, economic, political, and cultural issues of local importance, proceeding from the state interests and interests of the population of their respective administrative territorial formation.
Article 8
The state, its organs and officials act in the conditions of democratic diversity of political institutions and opinions.
The state regulates relations between social, national and other communities on the basis of principles of equality and respect for their rights and interests.
The activity of public formations, their organs and representatives is prohibited, which is aimed against sovereignty of the Republic, at forcible change of foundations of the constitutional system, at undermining security of the state, at establishment of illegal armed formations, at stirring up racial, national or religious discord.
Article 9
The Pridnestrovian Moldavian Republic is a secular state. No religion can be established as a national or obligatory one.
Religious associations are separated from the state and are equal before law.
Article 10
Foreign policy of the Republic proceeds from the principles of sovereign equality of states, non-use of force, peaceful settlement of disputes, non-interference in internal affairs of other states.
Universally recognized principles and norms of international law, as well as international treaties of the Pridnestrovian Moldavian Republic, are the basis for relations with other states and the constituent part of the legal system.
Article 11
To defend sovereignty and independence of the Pridnestrovian Moldavian Republic, the Armed Forces are established.
The order of establishment and activity of the Armed Forces is determined by law.
Article 12
Status of official language on an equal basis is given to the Moldavian, Russian, and Ukrainian languages.
Article 13
The Pridnestrovian Moldavian Republic has its own national flag, National Emblem and state anthem, which are symbols of the republic and are approved by law.
Capital of the Pridnestrovian Moldavian Republic is the city of Tiraspol.
Article 14
The Pridnestrovian Moldavian Republic consists of: the following towns - Bendery (with villages - Varnitsa, Ghyska, Protyagailovka), Dubossary, Rybnitsa, Tiraspol; and Grigoriopol, Dubossary, Kamenka, Slobodzea, Rybnitsa regions.
Borders and territory of the Pridnestrovian Moldavian Republic are determined by law.
Article 15
Provisions of this Section of the Constitution constitute the principles of the constitutional system of the Pridnestrovian Moldavian Republic and cannot be changed otherwise than provided by this Constitution.
Other provisions of the Constitution cannot be inconsistent with the principles of the constitutional system of the Pridnestrovian Moldavian Republic.
SECTION II. RIGHTS, FREEDOMS, RESPONSIBILITIES AND GUARANTEES OF PERSON AND CITIZEN
Article 16
Person, his rights and freedoms are of supreme value to the society and the state. Responsibility of the state is to protect rights and freedoms of person and citizen.
Basic human rights and freedoms are inalienable and belong to everybody from birth.
Article 17
Everybody has equal rights and freedoms and is equal before law without distinction as to sex, race, nationality, language, religion, social origin, views, personal and social status.
Benefits and privileges can be established only by law and should be consistent with the principles of social justice.
Article 18
Restriction of rights and freedoms of person and citizen is allowed only in cases envisioned by law, in the interest of national security, public order, protection of morality, of people's health, rights and freedoms of other individuals.
No one can enjoy benefits and privileges inconsistent with law.
Article 19
Everybody has the right to life. The state protects the right to life of person from any infringement.
Capital punishment, until it is abolished, can be applied according to law as an exceptional punishment for committing grave crimes against life and only according to the sentence passed.
Article 20
Everybody has the right to liberty and security of person. No one can be arrested or detained otherwise than provided by law.
A detainee has the right to judicial review of lawfulness of his detention or arrest.
Article 21
No one can be subjected to torture, cruel, inhuman or degrading treatment and punishment, as well as be object of medical or other experiments without his own consent.
Article 22
A person accused in committing a crime is innocent until proven guilty in accordance with the established by law procedure and the sentence of guilty passed and come into legal force. An accused is not bound to prove his innocence.
Article 23
No one must testify against himself, his spouse, close relations, whose circle is determined by law.
Evidence obtained with violation of law does not have any legal force.
Article 24
Everyone has the right to protection of his good name, protection against infringement on his honour and dignity, against interference with his private life; as well as has the right to personal and family secret, and to inviolability of the home.
No one has the right of visit and search of the house, to violate the secrecy of correspondence and telephone conversations otherwise than in cases and in order stipulated by law.
Article 25
Citizens of the Pridnestrovian Moldavian Republic have the right to freedom of movement and residence within the republic, to leave it and to come back unimpededly.
Article 26
Maternity and childhood, family are under the protection of the state.
Care for children and their upbringing are an equal right and duty for parents.
Able to work children, who have reached the age of 18, must take care of their disabled parents.
Article 27
Everyone has the right on the freedom of thought, speech and opinion. Everyone has the right in any legal way to seek, receive and spread any information, except for the one directed against existing constitutional system, or being State secret. List of information being State secret is determined by law.
Everybody is ensured the freedom of opinion and expression.
Article 28
The media is not subjected to censorship.
Article 29
Citizens of the Pridnestrovian Moldavian Republic are ensured the right to get, keep and spread full, reliable and timely information concerning activity of state organs, of public associations, concerning political, economic, and international life, the state of environment.
Organs of state power and management, institutions of local self-government, and their officials must provide a citizen of the Pridnestrovian Moldavian Republic with the possibility to get acquainted with documents and materials concerning his rights and legitimate interests, unless otherwise provided by law.
Article 30
Freedom of conscience is ensured to everybody.
Everybody has the right to profess any religion or not to profess any. Any forced implanting religious views is inadmissible.
Article 31
Citizens of the Pridnestrovian Moldavian Republic have the right to participate in running public and state affairs both directly and through their representatives. This participation is carried out through the local self-government, holding referenda, and democratic formation of state organs.
Citizens of the Pridnestrovian Moldavian Republic can freely elect and be elected into state organs on the basis of universal, equal and direct suffrage by the secret ballot.
Article 32
The state ensures the freedom of assembly, rallies, street processions, demonstrations and pickets, which do not violate law and order, as well as rights, of other citizens of the Pridnestrovian Moldavian Republic. The order of holding the abovementioned activities is determined by law.
Article 33
Citizens of the Pridnestrovian Moldavian Republic have the right to join in trade unions, political parties and other associations, to participate in mass movements not prohibited by law.
Article 34
Judges, prosecutor's office personnel, personnel of organs of interior affairs, of the committee of state control, of security organs, as well as servicemen cannot be members of political parties and other public associations set to achieve political goals.
Article 35
Labour is free. Everybody has the right to freely use his abilities to work, to choose the kind of his labour activity and occupation.
Forced labour is prohibited.
Everybody has the right to work in the conditions meeting the requirements of security and hygiene, to be rewarded for labour without any discrimination and no less than the established by law minimum level of salary; as well as the right to protection against unemployment.
The right is recognized to individual and collective labour disputes with the use of established by law ways of their resolution, including the right to strike.
Everybody has the right to rest.
An employee is ensured the length of working time, holidays and red-letter days, paid annual leave, established by law.
Article 36
Everyone has the right to freely use his abilities and property for business and another, not prohibited by law, economic activity.
Article 37
The state ensures the right of property to everyone.
The owner, at his own discretion, possesses, enjoys and disposes the property belonging to him.
No one can be deprived of his property otherwise than under a court's decision.
Exercising the right of property should not damage the environment, historic and cultural values, infringe upon rights and protected by law interests of other individuals or the state. The right of succession is ensured.
Article 38
Everyone has the right to social security in his old age, in case of disability, as well as in case of loss of bread-winner, and in other cases determined by law.
Pensions, benefits and other types of social assistance cannot be less than a level officially determined by the state.
Article 39
Citizens of the Pridnestrovian Moldavian Republic are ensured the right to health protection, including free medical service and treatment in state public health institutions.
Article 40
Everybody has the right to secure for life and health environment and to compensation of the harm caused by violation of this right.
Article 41
Everybody has the right to education.
Citizens are ensured free general secondary education and free high professional education in state educational institutions.
Everybody has the right, on a competitive basis according to his abilities, to get free higher education in state educational institutions.
General secondary education is compulsory.
The Pridnestrovian Moldavian Republic establishes state educational standards, supports different forms of education and self-education.
Article 42
Every citizen of the Pridnestrovian Moldavian Republic has the right to housing. No one can be arbitrary deprived of housing.
Organs of state power encourage house-building, create conditions for exercising the right to housing.
Poor people and other mentioned in the law citizens, who are in need of housing, are provided with it free of charge or for reasonable pay from state or other housing funds according to norms provided by law.
Article 43
Everybody has the right to maintain his ethnicity, as well as nobody can be forced to name and indicate his ethnicity.
Insult of national dignity should be punished as provided by law.
Everybody has the right to use his mother tongue and to choose a language of communication.
Article 44
Citizens of the Pridnestrovian Moldavian Republic have the right to freedom of artistic, scientific and technical creative work.
Intellectual property is protected by law.
The state takes care of cultural, scientific, and technical development of society.
Article 45
The state ensures rights and freedoms of citizens laid down in the Constitution. The list of rights and freedoms, given in the Constitution, should not be interpreted as negation or derogation of other universally recognized rights and freedoms.
Article 46
Everybody is ensured judicial defense of his rights and freedoms, as well as the right to appeal to the court against illegal decisions and actions of state organs, officials, and public associations.
Article 47
Exercising rights and freedoms is inseparable from fulfillment by citizen and person his duties before society and the state.
Article 48
Defense of the Pridnestrovian Moldavian Republic is a sacred duty for everybody. Law establishes universal military service.
Article 49
Everybody must observe the Constitution and laws, as well as respect rights, freedoms, honour and dignity of other people.
Article 50
Everybody must take care of the environment.
Article 51
Everybody must protect cultural and spiritual heritage of the people of the Pridnestrovian Moldavian Republic.
Article 52
Everybody must pay taxes and local duties determined by law.
SECTION III. PRINCIPLES OF STATE ADMINISTRATION
Chapter 1. DEVELOPMENT OF PRINCIPLES OF THE CONSTITUTIONAL SYSTEM
Article 53
1. Everybody shall have the right on compensation by the state, local self-government, of the harm caused by illegal commission (or omission) of organs of state power, of local self-government, or of their officials.
2. Respect for human dignity, as well as full, unconditional and immediate protection of rights and freedoms of person and citizen, and providing conditions for free development of citizens shall be the responsibility of organs of state power, of local self-government and officials.
3. Any normative legal acts affecting rights, freedoms and duties of person and citizen maynot be applied without being published officially for general knowledge.
Article 54
1. In conditions of state of emergency or martial law, under the constitutional law, constitutional rights and freedoms of person and citizen determined by Articles 4, 20, 24, 25, 27, 28, 31, 32, 33, 35, 36, 37 of this Constitution may be restricted.
In conditions of state of economic emergency, under the constitutional law, constitutional rights and freedoms of person and citizen determined by Articles 4, 35, 37 of this Constitution may be restricted.
Restrictions of constitutional rights and freedoms of person and citizen mentioned in this Article may be established with mentioning limits and terms of them being in force. Other constitutional rights and freedoms of person and citizen may not be restricted.
2. State of emergency, martial law or economic emergency state on the territory of the Pridnestrovian Moldavian Republic may be declared under the circumstances and in the order provided by the constitutional law.
Article 55
1. The Pridnestrovian Moldavian Republic shall be a presidential republic.
2. Competences of two or three branches of power maynot be concentrated in the hands of one organ or one person. The legislative power maynot belong to one person. Executive organs of state power maynot be given competences to issue laws; and the legislative power maynot be given administrative competences for operational management of organs and institutions of executive and judicial organs of state power.
Each of the organs of state power shall be given controlling functions within its respective competences provided by this Constitution and law.
3. Judicial authority shall be exercised by courts, whose decisions shall be taken on behalf of the Pridnestrovian Moldavian Republic Republic.
Article 56
The Pridnestrovian Moldavian Republic as a sovereign state through establishment, in the order provided for by this Constitution and legislation, of organs of state power and administration, as well as state officials, shall undertake to perform the following main functions:
a) creating and preserving a favourable environment;
b) providing public health services;
c) establishing and functioning social security and public protection systems, as well as a system of employment of able-bodied population;
d) development of science, culture, as well as providing education opportunities for population;
e) conducting the foreign policy;
f) forming and ensuring operation of financial system of the state;
g) ensuring development of national economy;
h) functioning both internal and external trade;
i) providing conditions for operation of transport and communication as single systems;
j) providing conditions for functioning the agricultural sector of economy aimed at satisfaction of needs of the population;
k) preserving and rational exploitation of natural resources;
l) providing conditions for operation of industry and power engineering;
m) ensuring defense capability of the state;
n) ensuring domestic security for normal functioning of the state;
o) exercising law-enforcement activity for security and benefit of the population;
p) ensuring operation of justice organs;
q) other matters requiring a uniform solving and application on the territory of the Pridnestrovian Moldavian Republic for ensuring welfare and well-being of the population.
Article 57
If an international treaty of the Pridnestrovian Moldavian Republic establishes other rules than provided for by the legislation of the Republic, it may be ratified by the Supreme Soviet only after adoption (or simultaneously with adoption) a law by it, introducing amendments into the legislation currently in force according to the international treaty of the Pridnestrovian Moldavian Republic, which is subject to ratification.
Article 58
Unless it leads to restriction of rights and freedoms of person and citizen provided for by Section II of this Constitution and is inconsistent with the principles of the constitutional system, the exercising of certain competencies of organs of state power may be delegated through passing a constitutional law in the order determined in Article 57 of this Constitution to another state or supranational institutions, to the extent, to which it will not mean for the Pridnestrovian Moldavian Republic a refusal from its sovereignty.
THE PRESIDENT
OF THE PRIDNESTROVIAN MOLDAVIAN REPUBLIC
Article 59
1. The President of the Pridnestrovian Moldavian Republic shall be Head of State
2. The President of the Pridnestrovian Moldavian Republic shall be a guarantor of the Constitution and laws of the Pridnestrovian Moldavian Republic, of rights and freedoms of person and citizen; he shall ensure strict observance of the Constitution and the laws. In the order established by the Constitution, he shall take measures for protection of sovereignty of the Republic, its independence and territorial integrity, and ensure concerted functioning and cooperation of all organs of state power.
3. The President of the Pridnestrovian Moldavian Republic, in accordance with the Constitution and the laws, shall build up a concept of domestic and foreign policy of the state.
4. The President of the Pridnestrovian Moldavian Republic, within his powers provided by this Constitution, shall represent the Pridnestrovian Moldavian Republic within the state and in its international relations.
5. The President of the Pridnestrovian Moldavian Republic shall obtain personal inviolability.
6. Status of the President of the Pridnestrovian Moldavian Republic shall be determined by the constitutional law.
Article 60
1. As President of the Pridnestrovian Moldavian Republic may be elected an eligible to vote citizen of the Pridnestrovian Moldavian Republic, who reached the age of 35, has citizenship of the of the Pridnestrovian Moldavian Republic for at least 10 years and is resident of the Republic.
2. The President of the Pridnestrovian Moldavian Republic shall be elected by citizens of the Republic on the basis of universal, equal and direct suffrage by secret ballot.
3. The President of the Pridnestrovian Moldavian Republic shall be elected for the term of five years. One and the same person shall be elected for the post of President of the Pridnestrovian Moldavian Republic for more than two consecutive terms.
4. The order of elections of the President of the Pridnestrovian Moldavian Republic shall be determined by law.
Article 61
1. Before taking office the person elected President of the Pridnestrovian Moldavian Republic shall be sworn in to the following:
"I swear when exercising powers of President of the Pridnestrovian Moldavian Republic to observe and protect the Constitution and laws of of the Pridnestrovian Moldavian Republic, respect rights and freedoms of person and citizen, protect sovereignty and independence, security and integrity of the state, faithfully serve the people of the Pridnestrovian Moldavian Republic".
2. The oath shall be taken within 30 days after an official announcement of the elections' results in the solemn atmosphere at a special sitting of the Supreme Council with participation of representatives from executive and judicial organs of state power.
The moment of swearing the oath is that of taking the office by the President of the Pridnestrovian Moldavian Republic and terminates execution with the expiration of his term in office from the moment of newly elected President of the Pridnestrovian Moldavian Republic takes the oath.
Article 62
1. Term of office of the President of the Pridnestrovian Moldavian Republic may end early in case of his resignation, stable inability for health reasons to exercise his powers, death or dismissal from the office in the order envisaged in Article 75 of this Constitution.
In all cases of inability of the President of the Pridnestrovian Moldavian Republic to exercise his powers, those shall be exercised by the Vice-President of the Pridnestrovian Moldavian Republic pending the reasons preventing the President from exercising his powers are eliminated or President of the Pridnestrovian Moldavian Republic is elected in the established order.
2. Interim President of the Pridnestrovian Moldavian Republic shall not have the right to dismissal of the Supreme Council, as well as introduce legislation providing for amendments and (or) additions to the Constitution of the Pridnestrovian Moldavian Republic.
3. Elections of the President of the Pridnestrovian Moldavian Republic shall be held on the second Sunday of the month following three months after the date of the early termination of powers of the President, in the event of the early termination of the powers of the President of the Pridnestrovian Moldavian Republic according to the paragraph 1 of this Article.
Article 63
1. The President of the Pridnestrovian Moldavian Republic shall be Commander-in-Chief of the Armed Forces of the Pridnestrovian Moldavian Republic.
In case of aggression against the Pridnestrovian Moldavian Republic or immediate threat of aggression, the President of the Pridnestrovian Moldavian Republic shall introduce martial law on the territory of the Pridnestrovian Moldavian Republic and immediately inform of it the Supreme Soviet.
The President of the Pridnestrovian Moldavian Republic, under the circumstances and in the order envisaged by the constitutional law, shall introduce the state of emergency on the territory of the Pridnestrovian Moldavian Republic or in its particular localities.
2. The President of the Pridnestrovian Moldavian Republic shall have the right to pardon.
3. The President of the Pridnestrovian Moldavian Republic shall deal with questions related to citizenship of the Pridnestrovian Moldavian Republic and granting political asylum.
4. The President of the Pridnestrovian Moldavian Republic shall institute national decorations of the Pridnestrovian Moldavian Republic, honorary and special titles, shall award national decorations, confer honorary titles of the Pridnestrovian Moldavian Republic, top military ranks and special ranks, highest qualification classes and class ranks.
5. The President of the Pridnestrovian Moldavian Republic shall address with messages the people and the Supreme Soviet of the Pridnestrovian Moldavian Republic, shall periodically inform of most important matters of the domestic and foreign policy activity of the Pridnestrovian Moldavian Republic, present annual reports to the Supreme Soviet on the situation in the Republic, and propose to its consideration the measures he deems necessary and useful.
6. The President of the Pridnestrovian Moldavian Republic shall carry out general management of the foreign policy of the Pridnestrovian Moldavian Republic, therewith concluding international treaties of the Pridnestrovian Moldavian Republic, shall sign instruments of ratification in case of ratification of an international treaty by the Supreme Soviet, and take credentials and letters of recall of diplomatic representatives.
Article 64
The President of the Pridnestrovian Moldavian Republic shall not be allowed to hold other paid offices, be engaged in business or another activity, except for scientific, teaching or another creative activity, sit in a managing board or a supervisory council of a commercial organization, be a deputy of the Supreme Soviet or other representative organs of the Pridnestrovian Moldavian Republic; shall also suspend, for the entire term of office, membership in political parties and other public associations set to achieve political goals.
Article 65
1. The President of the Pridnestrovian Moldavian Republic shall issue decrees and enactments.
2. Decrees and enactments of the President of the Pridnestrovian Moldavian Republic shall be binding throughout the territory of the Pridnestrovian Moldavian Republic.
3. Decrees and enactments of the President of the Pridnestrovian Moldavian Republic must not be inconsistent with the Constitution and the laws of the Pridnestrovian Moldavian Republic.
