RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of January 12, 2021 No. 2

About control of constitutionality of some provisions of Art. 1 of the Law No. 296 of November 23, 1994 on interpretation of separate provisions of the Law No. 1225 of December 8, 1992 on recovery of victims of political repressions (the right of persons who were born in places of special content or along the line to them) (the address No. 109a/2020)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika MANOLE, chairman,

Nicolae ROSHKA,

Liouba of SHOVA,

Sergey TSURKAN,

Vladimir TSURKAN, judges,

with the assistance of the assistant judge Dina Mustyatsa,

in view of the address,

registered on July 6, 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 of the deputy of Parliament of the Republic of Moldova Octavian Tsyka brought into the Constitutional court on July 6, 2020 according to Art. 135 of h (1) the item a) formed the basis for consideration of the case to the Constitution, Art. 25 of the item g) the Law on the Constitutional court and Art. 38 of h (1) the item g) the Code of the constitutional jurisdiction.

2. The author of the address asks the Constitutional court to check constitutionality of the offer containing in Art. 1 of the Law No. 296 of November 23, 1994 on interpretation of separate provisions of the Law No. 1225 of December 8, 1992 on recovery of victims of political repressions: "The children of repressed persons born in scrap in places of special content or along the line to them are considered as the children born in scrap before repression".

3. In the author's opinion addresses, the challenged provisions contradict Art. 1 of h (3), Art. 4 and Art. 16 of the Constitution.

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