of August 4, 2020 No. 21
About exceptional case of illegality of Art. 84 of the Insolvency act No. 149 of June 29, 2012 (the obligation not to leave the territory of the country or the residence in insolvency processes) (the address No. 25g/2020 of year)
Name of the Republic of Moldova
Constitutional court in structure:
Domnika Manole, chairman,
Nicolae Roshka,
Liouba Shova,
Vladimir Tsurkan, judges,
with the assistance of the assistant judge Dina Mustyatsa,
in view of the address,
registered on February 20, 2020,
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 Art. 84 of h formed the basis for consideration of the case (2) the Insolvency act No. 149 of June 29, 2012, provided at the request of the party of process of Korneliu Masur, within the case No. 2i-1273/18, considered by court of Chisinau (the main office).
2. The address about exceptional case of illegality was brought into the Constitutional court by the judge the vessels Chisinau (the main office) Alexander Cheban, according to Art. 135 of h (1) the item and) and the item g) Constitutions.
3. The author of the address believes that provisions of Art. 84 of h (2) the Insolvency act contradict Art. 25 of h (1) and Art. 27 of the Constitution.
4. Determination of the Constitutional court of June 15, 2020, without decision in essence, the address was acknowledged acceptable.
5. During consideration of the address the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government, the Prosecutor General's Office, the Union of the authorized managing directors of Moldova, Chamber of Commerce and Industry of the Republic of Moldova.
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