LAW OF THE REPUBLIC OF MOLDOVA

of July 5, 2012 No. 155

About modification and amendments in the Code of civil procedure of the Republic of Moldova

The Parliament adopts this organic law.

Art. I. - In the Code of civil procedure of the Republic of Moldova No. 225-XV of May 30, 2003 (Official monitor of the Republic of Moldova, 2003, No. 111-115, of the Art. 451), with subsequent changes, to make the following changes and additions:

1. In Article 12.1:

part (to state 1) in the following edition:

"(1) If when considering the case it is determined that the rule of law which is subject to application or applied contradicts provisions of the Constitution of the Republic of Moldova, and control of constitutionality of the regulation is within the competence of the Constitutional court, the degree of jurisdiction makes inquiry in the Constitutional court through the Highest trial chamber.";

part (to recognize 2) invalid.

2. Add the code with Article 12.2 of the following content:

"Article 12.2. Advisory proceedings of the Plenum of the Highest trial chamber

(1) If when considering the case in any degree of jurisdiction difficulties with the correct application of regulations of substantive or procedural law are noted, the degree of jurisdiction on own initiative or at the request of participants of process addresses in the Plenum of the Highest trial chamber for the advisory proceeding which explains procedure for application of the law. The advisory proceeding is published on the web page of the Highest trial chamber.

(2) in case of variation the degree of jurisdiction of the petition of participants of process for the address to the Plenum of the Highest trial chamber behind the advisory proceeding it takes out determination which is not subject to appeal in cassation procedure.

(The Plenum of the Highest trial chamber takes out 3) in case of the decision on address variation recognized taken legal effect motivated determination which is published on the web page of the Highest trial chamber.

(4) the Advisory proceeding of the Plenum of the Highest trial chamber is not obligatory for the Highest trial chamber in case of the subsequent introduction of amendments to the law or change of practice of its application.

(5) consideration of the case is postponed Until pronouncement of the advisory proceeding of the Plenum of the Highest trial chamber.".

3. In part (Article 14 of the word", irrespective of the level of degree of jurisdiction," to exclude 1).

4. Part (3) Article 16 to recognize invalid.

5. In Article 18:

add Article with part (1-1) following contents:

"(1-1) For the purpose of realization of procedural law and obligations participants of process can perform sound recording of judicial session.";

in part (2) the words "Sound Recording and Video, Photography, Use of Other Technical Means" shall be replaced with words "Video, photography, use of technical means, others than required according to part (1-1),".

6. Part (Article 24 to state 5) in the following edition:

"(5) Court resolutions are handed to participants of process in language in which process, or, at their request, in state language is conducted.".

7. Recognize Chapter III invalid.

8. To state the name of Chapter IV in the following edition:

"Chapter IV PUT COGNIZANCE to DEGREES OF JURISDICTION".

9. State Article 32 in the following edition:

"Article 32. Cognizance invariance

(1) Nobody can without its consent be deprived of the right to consideration of its case by that degree of jurisdiction and those judges to whose competence put it is carried by the law, except as specified, directly provided by this code.

(2) the Higher degree of jurisdiction has no right to submit on own initiative the case from one subordinate degree of jurisdiction to another or to accept it to the production, except for case when the structure of court cannot be created in the relevant degree of jurisdiction.".

10. State Article 33 in the following edition:

"Article 33. General cognizance of cases to degrees of jurisdiction

(1) Degrees of jurisdiction consider all civil cases with participation of physical persons and legal entities, bodies of the public power in protection of the violated or disputed rights, freedoms and legitimate interests for which the law does not provide competence of other bodies.

(2) Degrees of jurisdiction consider cases with participation of the organizations and citizens of the Republic of Moldova, foreign citizens, stateless persons, the foreign organizations, the organizations with the foreign capital, the international organizations if the law or the international treaty which party is the Republic of Moldova, do not provide competence of foreign degrees of jurisdiction or other bodies.".

11. Add the code with Article 33.1 of the following content:

"Article 33.1. Put cognizance to courts

Courts consider and resolve all civil cases in the first instance if the law does not provide other.".

12. State Article 37 in the following edition:

"Article 37. Cognizance competition

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