RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of October 15, 2024 No. 23

About exceptional case of illegality of provisions of Art. 108 of the Family code (the gap consisting in not indexation of the alimony in firm sum of money) (the address No. 239g/2023 of)

Name of the Republic of Moldova

Constitutional court in structure:

Liouba Shova presiding

Viorika Puyka,

Nicolae Roshka,

Sergey Tsurkan, judges,

with the assistance of the assistant judge Dina Mustyatsa,

in view of the address,

registered on November 2, 2023,

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 the offer "formed the basis for consideration of the case also the item g) Constitutions is made in cases and according to the procedure, established by the law", the Family code containing in Art. 108 approved by the Law No. 1316 of October 26, 2000, regarding not determination of cases and procedure for indexation of the alimony for the minor child collected according to the decision of degree of jurisdiction in firm sum of money, provided at the initiative of the judge Konstantina Kilijan, within case No. 2-741/2023, of Ungen (the main office) considered by court, according to Art. 135 of h (1) the item and).

2. Determination of the Constitutional court of April 18, 2024, without decision in essence, the address was acknowledged acceptable.

3. During consideration of the case the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government, the national lawyer by the rights of the child and the Supreme council of magistracy.

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