Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of May 8, 2018 No. 11

About exceptional case of illegality of some provisions of Art. 233 of the h. (1), h. (2) and h. (3) the Code about offenses (imposing of penalty for management in state of intoxication the vehicles which are not requiring availability of the car driver license) (the address No. 42g/2018)

Constitutional court in structure:

Mihai Poalelunzh, chairman,

Auryl to Beesh,

Igor Dolya,

Victor of Pop,

Vyacheslav Zaporozhan, judges,

with the assistance of the secretary of meeting Marcella Lupu,

in view of the address provided

and registered on April 4, 2018,

having considered the specified address in open plenary meeting, considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree.

Points of order

1. The address about exceptional case of illegality of following provisions of Art. 233 of the Code about offenses formed the basis for consideration of the case:

- "the most admissible level established by the law" in part (1);

- "minimum admissible level established by the Government" in part (2);

- "penalty in the amount of 400 to 500 conventional units or assignment of punishment in the form of unpaid work for benefit of society for a period of 20 till 40 o'clock or arrest for offense for the term of 15 days" in part (3), provided according to the petition of the lawyer Georgy Tkacha, within case No. 4-545/2017, of Ungen considered by court.

2. The address about exceptional case of illegality was brought into the Constitutional court on April 4, 2018 by the judge of court Ungen Anatoly of Rusu, according to provisions of Art. 135 of the h. (1) the item and) and g) Constitutions, in the light of its interpretation by the Resolution of the Constitutional court No. 2 of February 9, 2016.

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