of November 3, 2022 No. 20
About exceptional case of illegality of some provisions of Art. 437 of h (1) Code of civil procedure (condition of napechataniye of the cassation statement) (address No. 279g/2021 of year)
Name of the Republic of Moldova
Constitutional court in structure:
Domnika Manole, chairman,
Nicolae Roshka,
Liouba Shova,
Sergey Tsurkan,
Vladimir Tsurkan, judges,
with the assistance of the assistant judge Marcella Lupu,
in view of the address,
registered on December 17, 2021,
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 some provisions of Art. 437 of h formed the basis for consideration of the case (1) the Code of civil procedure of the Republic of Moldova approved by the Law No. 225 of May 30, 2003, provided at the request of the lawyer Alyona Dragomir for the benefit of Denis Russu, party litigants No. 2a-3643/2021, considered in Appeal chamber Chisinau.
2. The appeal about exceptional case of illegality was sent in the Constitutional court by judicial structure of Appeal chamber Chisinau on behalf of Victoria Syrbu, Virgil Buchnac and Dorin Dulgiyera based on Art. 135 of h (1) the item and) and the item g) Constitutions.
3. Determination of the Constitutional court of April 14, 2022, 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 and the Government.
5. At open session of the Constitutional court there were lawyer Alyona Dragomir, the representative of the author of the address, representatives of Parliament - Valery Kuchuk and the Governments - Eduard Serbenko.
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