LAW OF THE REPUBLIC OF MOLDOVA

of April 5, 2018 No. 17

About modification and amendments in some legal acts

The Parliament adopts this organic law.

Art. I. - In the Family code No. 1316/2000 (Official monitor of the Republic of Moldova, 2001, Art. No. 47-48, 210), with subsequent changes and amendments, to make the following changes:

1. In Article 36:

part (to state 1) in the following edition:

"(1) In case of mutual consent of spouses on annulment of marriage, in cases when between them there are no disagreements connected with the Section of common joint property or content, education and the place of residence of general minor children or content of one of spouses, marriage can be dissolved in body of civil registration at the place of residence of any of spouses. Spouses participate in annulment of marriage according to the Law on acts of civil status No. 100/2001.";

in part (4) words of "content of the needing disabled spouse" shall be replaced with words "contents of one of spouses";

in part (5) words "contents of minor children or the disabled spouse," shall be replaced with words "contents, education and the place of residence of general minor children or content of one of spouses,".

2. Part (Article 37 to state 1) in the following edition:

"(1) Annulment of marriage judicially is made in case of not achievement by spouses of the arrangement on content, education and the place of residence of general minor children or in the absence of the consent of one of spouses to divorce; the exception is constituted by the cases provided by part (2) Article 36.".

3. In Article 38:

in part (1) words of "the disabled spouse needing financial support" shall be replaced with words "one of spouses,";

in Item c) parts (2) "disabled" to exclude the word.

Art. II. - In the Law on acts of civil status No. 100/2001 (Official monitor of the Republic of Moldova, 2001, Art. No. 97-99, 765), with subsequent changes and amendments, to make the following changes:

1. In Item and) Article 41 of the word" if they have no general minor children" to exclude.

2. In Article 43:

the name of Article and part (to state 1) in the following edition:

"Article 43. Registration of annulment of marriage based on the joint statement of spouses

(1) In case of mutual consent of spouses on annulment of marriage, in cases when between them there are no disagreements connected with the Section of common joint property, content, education and the place of residence of general minor children or content of one of spouses, marriage can be dissolved in body of civil registration at the place of residence of any of spouses.";

in part (2) words "spouses confirm that they have no general minor children. Shall be also specified in the statement:" to replace with the word "are specified:".

Art. III. - In the Code of civil procedure of the Republic of Moldova No. 225/2003 (repeated publication: The official monitor of the Republic of Moldova, 2013, Art. No. 130-134, 415), with subsequent changes and amendments to make the following changes and additions:

1. Part (1) articles 2 after words "Constitution of the Republic of Moldova", to add with words "resolutions and decisions of the European Court of Human Rights and resolutions of the Constitutional court,".

2. Add Article 10 with part (4) the following content:

"(4) In the cases which are directly provided by the law, the degree of jurisdiction imposes penalty on participants of process, their representatives, and also on other persons who are not participating in case for the actions constituting procedural violation.".

3. Part (Article 12 to state 1) in the following edition:

"(1) the Degree of jurisdiction resolves civil cases based on the Constitution of the Republic of Moldova, international treaties, one of the parties of which is the Republic of Moldova, resolutions and decisions of the European Court of Human Rights, resolutions of the Constitutional court, the organic and ordinary laws, resolutions of Parliament, presidential decrees of the Republic of Moldova, resolutions and ordinances of the Government, regulations of the ministries, other central administrative authorities and bodies of local public authority. In the cases provided by the law the degree of jurisdiction applies customs if they do not contradict bases of law and order and morality.".

4. State Article 12-1 in the following edition:

"Article 12-1. Excitement of exceptional case of illegality

(1) in case of doubts in constitutionality of the laws, resolutions of Parliament, presidential decrees of the Republic of Moldova, resolutions and ordinances of the Government which shall be applied in case of permission of case the degree of jurisdiction on own initiative or according to the statement of the participant of process appeals to the Constitutional court.

(2) In case of excitement of exceptional case of illegality and the address to the Constitutional court degree of jurisdiction has no right to pass opinion on justification of the address or constitutionality of the challenged provisions, being limited exclusively to check of compliance to the following requirements:

a) object of exceptional case belongs to the category of acts, stipulated in Item and) parts (1) article 135 of the Constitution;

b) the exceptional case is provided to one of the parties or her representative or it is represented degree of jurisdiction on own initiative;

c) the challenged provisions are subject to application in case of permission of case;

d) in subject of the challenged provisions there is no earlier resolution of the Constitutional court.

(3) In case of excitement of exceptional case of illegality the determination which is not subject to appeal which does not influence continuity of consideration of the case is taken out, however judicial debate is postponed until removal by the Constitutional court of the resolution concerning illegality.

(4) in case of non-compliance with all requirements provided by part (2), the degree of jurisdiction refuses excitement of exceptional case of illegality by removal of determination which can be appealed along with the decision in essence.

(5) the Exceptional case of illegality can be initiated by degree of jurisdiction, only if claim or the statement of appeal is adopted in the procedure provided by the law or the writ of appeal on determination of appeal chamber is acknowledged admissible according to the law.".

5. In Article 12-2:

add Article with parts (1-1) and (1-2) following contents:

"(1-1) Request for the advisory proceeding shall be based on difficulties with the correct application different of the interpreted rule of law. The request for the advisory proceeding shall not include the formulation of simple question of application of the text of the law.

(1-2) Subject of the address constitutes this legal problem if it conforms to the following requirements:

a) the address is declared in connection with availability of the specific case which is under consideration in degree of jurisdiction;

b) clearing of legal problem has crucial importance for permission on the merits of the case in which it is lifted;

c) the problem is new, there are no interpretation of legal problem this by earlier advisory proceeding.";

parts (3) and (to state 5) in the following edition:

"(3) in case of address variation the Plenum of the Highest trial chamber takes out the motivated determination which is not subject to appeal which is published on the web page of the Highest trial chamber.";

"(5) In case of the request for the advisory proceeding the degree of jurisdiction takes out the determination which is not subject to appeal which does not influence continuity of consideration of the case, however judicial debate is postponed until removal by the Plenum of the Highest trial chamber of determination concerning the request for the advisory proceeding.".

6. State Article 17 in the following edition:

"Article 17. Generalization of court practice

(1) For the purpose of ensuring the correct and uniform application of the legislation the Highest trial chamber on own initiative, and also according to the statement of the professional bodies created based on the law by adjacent legal professions accepts and publishes resolutions of explanatory nature and advisory opinions concerning correctness of application of rules of law and the correct permission of cases.

(2) Resolutions of explanatory nature of the Plenum of the Highest trial chamber and advisory opinions of judicial boards have advisory nature and are not obligatory for degrees of jurisdiction.".

7. Add the code with Article 17-1 of the following content:

"Article 17-1. Submission of documents by means of the Integrated management program cases

(1) Claim, appeal and cassation statements, statements for review in auditing procedure, statements for pronouncement of the writ and any other statements or procedural acts can be submitted to degree of jurisdiction by means of the Integrated management program, single for all judicial system, cases. In this case the statement and documents attached to it in the form of electronic documents shall be signed by the strengthened qualified digital signature.

(2) the proof of the digital signature provided by the law is attached To the documents filed by means of the Integrated management program by cases without fail.".

8. Part (Article 18 to state 2) in the following edition:

"(2) the Video, photography, use of technical means, others than required according to part (11), are allowed precisely with the permission of the chairman in judicial session and only with the consent of the parties and other participants of process, and in case of hearing of witnesses - also from their consent.".

9. Add Article 25 with part (3) the following content:

"(3) In the cases which are directly provided by the law, the judge considers case in written production.".

10. In Article 43:

in Item b) parts (2) the words "during consideration of the case in relevant authorities came to light that it" to replace with the word "case";

part (to state 3) in the following edition:

"(3) Case referral from one degree of jurisdiction in another on the bases listed in Items and), b) and c) parts (2), it is made by preparation of case for consideration, motivated determination of the degree of jurisdiction which initiated proceedings. Determination about case referral is not subject to appeal, but can cause excitement of dispute over refusal of cognizance.";

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info