RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of December 21, 2021 No. 39

About exceptional case of illegality of some provisions of Article 335 of h (1) Criminal code (unpredictability of concept to "public concerns") (address No. 172g/2021 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Liouba Shova presiding

Nicolae Roshka,

Sergey Tsurkan,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Georgy Renitse,

in view of the address,

registered on July 21, 2021,

having considered the specified address in open session,

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 concept formed the basis for consideration of the case to "public concerns" in h (1) article 335 of the Criminal code, declared by the lawyer Sergey Filatov for the benefit of Vladislav Vezdeutsan, party litigants No. 10-2280/2020, being in production the vessels Chisinau, Chokan's sector.

2. The address about exceptional case of illegality is brought into the Constitutional court by the judge in court of Chisinau, Chokan's sector, Konstantin Damaskin according to Article 135 of h (1) the item and) and the item g) Constitutions.

3. Determination of the Constitutional court of October 26, 2021, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the case the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government, Institute of legal, political and social researches and Institute of criminal reforms.

5. Were present at open session of the Constitutional court: author of the address Vladislav Vezdeutsan; representative of the author of the address lawyer Sergey Filatov; representative of Parliament Valeriu Kuchuk; representative of the Government Yulian Rusu.

Actual circumstances

A. Circumstances of the main dispute

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