RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of April 23, 2024 No. 12

About exceptional case of illegality of Article 308-8 of the Code of civil procedure (the term of consideration of the application about establishment of measure of judicial protection) (the address No. 198g/2023 of)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika MANOLE, chairman,

Viorika PUYKA,

Nicolae ROSHKA,

Liouba of SHOVA,

Sergey TSURKAN,

Vladimir TSURKAN, judges,

with the assistance of the assistant judge Yulia Vartik,

in view of the address,

registered on August 7, 2023,

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.

Procedure questions

1. The address about the exceptional case of illegality of Article 308-8 of the Code of civil procedure declared by the lawyer Vladimir Kazmaly for the benefit of Pyotr Slav in the matter of No. 2p/s-04/2022, being in production of court Comrat, the main office formed the basis for consideration of the case.

2. The appeal about exceptional case of illegality was sent in the Constitutional court by the judge in court Comrat, the main office, Maryana Hanganu according to the procedure of Article 135 of h (1) the item and) and the item g) Constitutions.

3. Determination of the Constitutional court of December 7, 2023, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the address the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government and the National lawyer.

5. In open session of the Constitutional court there was representative of Parliament Rada, the main consultant of service of representation at the Constitutional court and law enforcement agencies of general legal management of the Secretariat of Parliament. The government was represented by Eduard Serbenko, the state secretary of the Ministry of Justice.

Actual circumstances

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